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07.18.2023 City Council Meeting Packet
Posted 7/14/2023 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, July 18, 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 July 5, 2023, Regular City Council Meeting V. CONSENT AGENDA A. Approve 2024 Residential Assessing Contract with Southwest Assessing Services B. Approve 2024 WSB Rates C. Approve Compost Removal Service Agreement with Minnesota Topsoil VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. PRESENTATION A. Representative Kristin Robbins – Legislative Update (7:45 PM) VIII. NEW BUSINESS A. Pickleball Court Discussion B. Preserve of Medina – PUD General Plan and Preliminary Plat IX. CITY ADMINISTRATOR REPORT X. MAYOR & CITY COUNCIL REPORTS XI. APPROVAL TO PAY BILLS XII. CLOSED SESSION: Consideration of Land Acquisition at PID 11-118-23-21-0005 Pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(c) XIII. ADJOURN Meeting Rules of Conduct to Address the City Council: • Fill out & turn in comment card • Give name and address • Indicate if representing a group • Limit remarks to 3-5 minutes MEMORANDUM TO: Medina Mayor and City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: July 13, 2023 DATE OF MEETING: July 18, 2023 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve 2024 Residential Assessing Contract with Southwest Assessing Services – The City Assessor is proposing an $12,168 increase due to the increase of 213 residential parcels, Hennepin County rental fees, and the increased cost of doing business. Staff recommends approval. See attached agreement. B. Approve 2024 WSB Rates – Attached is the 2024 rate letter for engineering services from WSB. They are recommending increasing their billing rates by 6.2% for projects with no change to their monthly City retainer amount. Staff recommends approval. See attached letter. C. Approve Compost Removal Service Agreement with Minnesota Topsoil – After soliciting multiple sources, Public Works Director Steve Scherer was only able to obtain one quote for compost removal services and would like to move forward with this proposal. He expects that the compost removal cost will be in the $6,800 to $9,000 range. It is the recommendation of staff to extend a contract to Minnesota Topsoil for compost removal and yard-waste haul away services. See attached memo and agreement. VII. PRESENTATION A. Representative Kristin Robbins – Representative Kristin Robbins will provide a legislative update at 7:45 P.M. VIII. NEW BUSINESS A. Pickleball Court Discussion – As directed at the July 5, 2023, city council meeting, staff researched options to minimize pickleball sound effects and screening for the courts at 2 the Hunter Lions Park, along with recommended changes to court hours. It is the recommendation of staff to temporarily limit pickleball court use hours to 8:00 a.m. to 8:00 p.m. and allow the Park Commission time to review noise reduction options and provide a recommendation to Council. Potential Motion: Move to direct staff to temporarily limit pickleball court use hours to 8:00 a.m. to 8:00 p.m. and allow the Park Commission time to review noise reduction options and provide a recommendation to Council. B. Preserve of Medina – Tim Boser and HL Anderson LLC have requested review of a PUD General Plan and Preliminary Plat for a 5-lot rural subdivision located east of Holy Name Drive, northeast of Lakeview Road. The applicant also proposes to create and restore a large area of wetlands on the site to create a wetland bank. The City Council reviewed a PUD Concept Plan for the project last summer and was generally supportive. Potential Motion: Move to direct staff to prepare documents of approval for the PUD General Plan and Preliminary Plat, subject to the conditions noted in the staff report [with the following changes, if any]. XI. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 006907E-006921E for $101,527.03, order check numbers 054541-054598 for $705,948.84, payroll EFT 0512833-0512867 for $65,613.92. XII. CLOSED SESSION: Consideration of Land Acquisition at PID 11-118-23-21-0005 Pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(c) Medina City Council Meeting Minutes July 5, 2023 1 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF JULY 5, 2023 3 4 The City Council of Medina, Minnesota met in regular session on July 5, 2023 at 7:02 5 p.m. in the City Hall Chambers. Acting Mayor Albers presided. 6 7 I. ROLL CALL 8 9 Members present: Albers, Cavanaugh (virtually arrived at 7:32 p.m.), DesLauriers, 10 and Reid. 11 12 Members absent: Martin. 13 14 Also present: City Administrator Scott Johnson, City Clerk Caitlyn Walker, Attorney 15 Dave Anderson, City Engineer Jim Stremel, City Planning Director Dusty Finke, Public 16 Works Director Steve Scherer, and Chief of Police Jason Nelson. 17 18 II. PLEDGE OF ALLEGIANCE (7:02 p.m.) 19 20 III. ADDITIONS TO THE AGENDA (7:02 p.m.) 21 The agenda was approved as presented. 22 23 IV. APPROVAL OF MINUTES (7:03 p.m.) 24 25 A. Approval of the June 20, 2023 Work Session City Council Meeting Minutes 26 Moved by Albers, seconded by DesLauriers, to approve the June 20, 2023 work session 27 City Council meeting minutes as presented. Motion passed unanimously. 28 29 B. Approval of the June 20, 2023 Regular City Council Meeting Minutes 30 Albers noted that prior to the meeting Johnson distributed changes as suggested by 31 Martin. 32 33 Moved by Albers, seconded by Reid, to approve the June 20, 2023 regular City Council 34 meeting minutes as amended. Motion passed unanimously. 35 36 V. CONSENT AGENDA (7:04 p.m.) 37 38 A. Approve Temporary Liquor License to Holy Name of Jesus Christ Church 39 at 155 County Road 24 on September 16, 2023 40 B. Resolution 2023-73 Approving the Agreement between the City of Medina 41 and Law Enforcement Labor Services, Inc. Representing the Local #36 42 Bargaining Unit for the Calendar Years 2024-2025 43 C. Resolution Accepting Donation from Garrett Larson Insurance Agency 44 D. Adopt the Lakeshore Park Concept Plan and Direct Staff to Update the 45 Related Policies 46 Johnson noted that Item C will need to be removed from the Consent Agenda. He noted 47 that should Cavanaugh connect into the meeting virtually at some time tonight, it could 48 be considered at that time. 49 50 Medina City Council Meeting Minutes July 5, 2023 2 Albers commented that the plan for Lakeshore Park looks nice and thanked staff and the 1 Park Commission for that work. 2 3 Moved by Reid, seconded by DesLauriers, to approve the consent agenda as amended. 4 Motion passed unanimously. 5 6 VI. COMMENTS (7:06 p.m.) 7 8 A. Comments from Citizens on Items not on the Agenda 9 Kate Agarwala, 3241 Butternut Drive, commented on her concerns with noise from the 10 pickleball courts at Hunter Park. She commented that her backyard is only 300 feet from 11 the courts, and they can hear the noise in her home and even down the road from her 12 home. She proposed hours of 9 a.m. to 7 p.m. on weekdays, not to exceed seven 13 consecutive hours per day, and 10 a.m. and 5 p.m. on weekends, not to exceed four 14 consecutive hours per day. She also requested that the courts be closed one or two 15 days per week. She commented that neighbors should be allowed to use their outdoor 16 space and have some time of quiet. She understood that players may be frustrated with 17 lesser hours but noted that this court is close to homes and future pickleball courts could 18 be placed in areas further from homes. She believed that switching the tennis courts at 19 Hamel Legion Park and the pickleball courts at Hunter Park would be the best option. 20 She commented that this is a national issue and concerns were expressed on the 21 proposed courts prior to the courts being opened. 22 23 Albers commented that the Council has received the emails and articles from the 24 resident as well. 25 26 Brian Kirkendall, 3185 Butternut Drive, stated that he lives across the street from the 27 pickleball court and has had a visit from the Mayor. He expressed concerns about 28 parking and the noise. He commented that he completed a noise test and provided 29 those results. He asked for a plan to address parking. He noted that he reviewed the 30 meeting minutes from the last four years and provided excerpts. He commented on the 31 visual impact of the courts and traffic and asked what the plan is to address this. He 32 commented that he has been told that the HOA should add landscaping but noted that 33 the City is responsible for its side of the street. 34 35 Christine Kirkendall, 3185 Butternut Drive, commented that she would like to appeal to 36 the sympathy of the Council for people that are unwell. She commented that she has a 37 neurological disorder and cannot sleep with the courts in her backyard because of the 38 constant noise of the ball. She commented that they waited ten years to put the deck on 39 their home and now they cannot enjoy it because of the noise from the pickleball courts. 40 41 Albers appreciated the input from the residents. 42 43 B. Park Commission 44 Scherer stated that the Park Commission discussed the pickleball courts and the 45 resident concerns. He recognized the popularity of the courts. He commented that the 46 City has denied all league requests to use the courts. He noted that they received the 47 first complaint two days after the courts opened. He stated that the Park Commission 48 asked that this be monitored for the next month, with additional research being done in 49 the community by Commission members. He noted that he was also directed to look 50 into screening and sound barrier options. He stated that the Commission plans to bring 51 Medina City Council Meeting Minutes July 5, 2023 3 some recommendations to the Council following its next meeting. He stated that he is 1 also looking into potentially placing screening across the street in the right-of-way, to 2 better screen the homes. 3 4 He stated that the Commission also discussed the Holy Name Preserve of Medina, and 5 the Commission recommended the trail easement connecting Holy Name Drive to 6 Brockton. 7 8 DesLauriers asked how hour restrictions would be done at the courts, whether that 9 would be done with a padlock. 10 11 Scherer stated that they would perhaps post the times. He noted that currently the 12 courts are open during park hours, sunrise to sunset. He did not think the courts would 13 need to be locked. 14 15 DesLauriers noted that he believes parking could be easily resolved. 16 17 Scherer confirmed that there is additional parking as the ball field is only used by HAC 18 for practice. 19 20 Kirkendall commented on statements made during a Park Commission meeting in 2020 21 where a representative from HAC stated that they would use the field for little league. 22 23 Scherer stated that he spoke with HAC and was reassured that the field is only used for 24 practice. 25 26 DesLauriers stated that the HAC contract is reviewed annually and is easily amendable. 27 28 Albers stated that perhaps a proposal for reduced hours could be presented to the 29 Council at its next meeting to provide some temporary relief as a recommendation from 30 the Park Commission would not be considered by the Council until August. 31 32 Cavanaugh joined the meeting virtually. 33 34 C. Planning Commission 35 Finke reported that the Commission does not have any hearings to consider at its next 36 meeting. He noted that there is a discussion item the Commission could consider or that 37 could be postponed to the next meeting. He noted that he will speak with the Chair to 38 make that determination. 39 40 VII. PRESENTATIONS (7:33 p.m.) 41 42 A. Swearing In Ceremony for David Hall 43 Albers conducted the swearing in of Officer David Hall. 44 45 Nelson commented that Hall has been an employee of Medina for 20 years and is a 46 pillar of the organization. He commented that he will be a great Sergeant. 47 48 V. CONSENT AGENDA (Continued) (7:36 p.m.) 49 50 C. Resolution Accepting Donation from Garrett Larson Insurance Agency 51 Medina City Council Meeting Minutes July 5, 2023 4 Johnson stated that $200 was received for the Cops and Bobbers Program. 1 2 Albers thanked the agency for the generous donation, which was much appreciated for a 3 great event. 4 5 Moved by DesLauriers, seconded by Reid, to adopt the resolution accepting donation 6 from Garrett Larson Insurance Agency. 7 8 A roll call vote was performed: 9 10 Cavanaugh aye 11 Reid aye 12 DesLauriers aye 13 Albers aye 14 15 Motion passed unanimously. 16 17 VIII. NEW BUSINESS 18 19 A. Reflections Dental Care – 872 Highway 55 – Site Plan Review (7:37 p.m.) 20 Johnson stated that the applicant is requesting site plan review for a multi-tenant 21 building at 872 Highway 55. He noted that the existing buildings would be demolished to 22 construct the new facility. 23 24 Finke identified the subject site, which is guided for commercial use and zoned 25 commercial highway. He stated that the site is currently accessed from Highway 55 and 26 noted that the proposed uses are allowed within the zoning district. He noted that as 27 proposed the site would meet the minimum parking for office and retail, with a condition 28 that uses with a higher parking need not be permitted without review to ensure sufficient 29 parking. He stated that relative dimensional standards are met by the proposal, with 30 access to remain in the current location. He noted that if Clydesdale Trail is extended in 31 the future, access could be provided from that location. He provided a brief summary of 32 design, materials, and landscaping. He stated that the Planning Commission reviewed 33 this at its last meeting and unanimously recommended approval. He stated that concern 34 was expressed about the access but it is an existing access and there is not the needed 35 right-of-way to provide access from Clydesdale. 36 37 DesLauriers asked for clarification on the private property. 38 39 Finke replied that property is owned by McDonalds and estimated that to be less than 40 half an acre. 41 42 DesLauriers commented that vehicles leaving that area often turn right, but sometimes 43 cross all the way over. He stated that there is a proposed driveway for the future and 44 asked if that could be done now. 45 46 Albers noted that McDonalds would need to be approached for the right-of-way. 47 48 Finke confirmed that McDonalds owns that property and would need to be approached. 49 He recognized that it would be in the interest of the City and applicant to have that 50 Medina City Council Meeting Minutes July 5, 2023 5 connection. He noted that there would need to be a willing sale of the property, or some 1 other process. 2 3 DesLauriers noted that Peg’s would also benefit from that driveway access as well. 4 5 Finke commented that he would imagine that the property owner would like to at least 6 keep a limited access onto Highway 55. He noted that control would be by MnDOT, and 7 the City would not have that control to limit access in that location. 8 9 Albers asked if the building would house two or three tenants. He recognized that the 10 dental use would limit the other occupants. 11 12 Finke commented that there would be sufficient parking for retail. 13 14 Albers invited the applicant to speak. 15 16 Mark Fuller, representing the applicant, commented that the City could undergo a taking 17 to create the access to the north. He commented that they would not have a method to 18 force access themselves. He commented on the issue of slope. He noted that if the 19 access were to happen, that would need to happen relatively quickly as it would not only 20 impact their property but also Peg’s and McDonalds. He stated that currently they have 21 planned for a fire turnaround that would not be needed if the alternate access were 22 provided which would leave that as additional impervious surface. 23 24 DesLauriers commented that the plan looks good and will clean up the site. 25 26 Albers agreed. He commented that he likes the condition to explore connection to 27 Clydesdale as part of the process. He questioned if the City should take the lead on that 28 or whether the applicant should be directed to work with McDonalds. 29 30 Fuller commented that they would be a willing participant but would want the City to take 31 the lead. He commented that although they have a connection planned that would meet 32 engineering standards, it is not optimal if the cul-de-sac stays in the current condition 33 because of the slope. 34 35 DesLauriers commented that he recalled that Peg’s was looking to make some 36 improvements and asked for details. 37 38 Finke replied that Peg’s is doing a small addition. He recapped that there is an interest 39 from the Council and Planning Commission that staff engage to determine what could be 40 done to move that access to the north forward. He recognized that would need to be 41 done after the site plan review and as construction commences. 42 43 Cavanaugh asked if there was anything that would need to be done to the approval to 44 leave that connection option open. 45 46 Finke commented that they could work something into the language that would allow for 47 that connection to the north and could be reviewed administratively by staff. 48 49 The Council agreed. 50 51 Medina City Council Meeting Minutes July 5, 2023 6 1. Resolution Granting Site Plan Review Approval to Nitya Investments 1 LLC for Construction at 872 Highway 55 2 Moved by DesLauriers, seconded by Reid, to adopt the resolution granting site plan 3 review approval to Nitya Investments, LLC for construction at 872 Highway 55 with the 4 additional language as mentioned by Finke. 5 6 A roll call vote was performed: 7 8 Cavanaugh aye 9 Reid aye 10 DesLauriers aye 11 Albers aye 12 13 Motion passed unanimously. 14 15 B. School Lake Nature Preserve (7:59 p.m.) 16 Johnson stated that final plat approval was given for this six lot subdivision in 2018 and 17 the applicant is requesting an amendment. He stated that there are formal English 18 gardens, and the property owner would like to separate those from the lot to allow the 19 smaller lot to be sold. He stated that the garden would be on its own outlot, which would 20 not be buildable and would be conveyed to another property owner in the subdivision. 21 22 Finke commented that this conservation design subdivision was approved in 2018 and 23 provided brief background. He commented that the subject site is within the buildable 24 lots and does not impact the conservation areas. He noted that the proposal would take 25 a portion of the buildable lot and create an outlot that could be conveyed to a property 26 owner within the subdivision. He noted that the initial plan would be to convey that to 27 Mr. Marks who would continue to maintain the garden. He commented that staff 28 suggests that outlot G be incorporated into this plat which will only change the legal 29 description. He stated that the Planning Commission did recommend approval. 30 31 Albers invited the applicant to speak. 32 33 Kent Williams, representing the applicant, commented that this is pretty straightforward. 34 He noted that this change would make the lot more saleable. He noted that the 35 maintenance of the garden would be cumbersome for someone to take on. He noted 36 that the outlot would be conveyed to the applicant and he would continue to maintain the 37 garden. He also confirmed agreement with the change discussed by Finke with outlot G. 38 39 DesLauriers commented that it was recommended by staff that the Council delay action 40 until the plat is updated. 41 42 Finke commented that staff would prepare the documents but would not present them 43 for approval until the plat is updated. 44 45 Moved by Reid, seconded by Albers, to direct staff to prepare approval documents for 46 the amendment to the School Lake Nature Preserve CD-PUD district and the School 47 Lake Nature Preserve 3rd Addition plat. 48 49 A roll call vote was performed: 50 51 Medina City Council Meeting Minutes July 5, 2023 7 Cavanaugh aye 1 Reid aye 2 DesLauriers aye 3 Albers aye 4 5 Motion passed unanimously. 6 7 C. Moratorium on the Operation of Cannabis Businesses – Public Hearing 8 (8:09 p.m.) 9 Johnson stated that in the 2023 legislative session there was action to legalize 10 recreational cannabis for adults over 21 years of age and it has been recommended by 11 legal counsel that the City adopt an interim ordinance imposing a moratorium to allow 12 the City to study the issue. 13 14 Anderson stated that businesses will soon be allowed to sell recreational cannabis 15 products following the recent legislative action. He noted that cities will have little 16 authority to regulate cannabis businesses once the Office of Cannabis Management 17 (OCM) is up and running. He commented that although cities cannot prohibit cannabis 18 businesses from operating, the City can place reasonable restrictions on the time, place 19 and manner of these businesses. He stated that cities will be able to limit the maximum 20 number of cannabis businesses in relation to the population of the city. He noted that 21 cities are allowed to adopt an interim ordinance that would temporarily prohibit cannabis 22 businesses until January of 2025, which is about six months longer than a typical 23 moratorium. He noted that it is anticipated that the OCM will be running and issuing 24 licenses in late 2024 or early 2025. He stated that this moratorium would allow the City 25 to study the issue and determine how it would want to place its regulations. He stated 26 that in November the City approved a moratorium on the low dose THC products that 27 were legalized in the previous legislative session and noted that staff will bring back 28 recommendations to address the sale of those items as those are not addressed under 29 the new moratorium. 30 31 DesLauriers asked if the edible moratorium could be extended to align with this 32 moratorium. 33 34 Anderson replied that moratorium can only run for one year. He stated that staff is 35 looking into whether the City can prohibit the sale of those items until the State begins 36 licensing. 37 38 Albers opened the public hearing. 39 40 No comments. 41 42 Albers closed the public hearing. 43 44 1. Interim Ordinance Authorizing a Study and Imposing a Moratorium 45 on the Operation of Cannabis Businesses within the City of Medina 46 Moved by Reid, seconded by DesLauriers, to adopt an interim ordinance authorizing a 47 study and imposing a moratorium on the operation of cannabis businesses within the 48 City of Medina. 49 50 A roll call vote was performed: 51 Medina City Council Meeting Minutes July 5, 2023 8 1 Cavanaugh aye 2 Reid aye 3 DesLauriers aye 4 Albers aye 5 6 Motion passed unanimously. 7 8 2. Resolution to Publish Ordinance by Title and 9 Summary 10 Moved by Albers, seconded by Reid, to adopt the resolution to publish the ordinance by 11 title and summary. 12 13 A roll call vote was performed: 14 15 Cavanaugh aye 16 Reid aye 17 DesLauriers aye 18 Albers aye 19 20 Motion passed unanimously. 21 22 IX. CITY ADMINISTRATOR REPORT (8:21 p.m.) 23 Johnson noted that the Hamel Rodeo begins the following night and runs through the 24 weekend with different events including the parade on Sunday at 1 p.m. 25 26 X. MAYOR & CITY COUNCIL REPORTS (8:22 p.m.) 27 DesLauriers noted the official merger of Loretto and Hamel fire departments which 28 became effective on July 1st. 29 30 Albers recognized that is a huge achievement that has been ongoing for a number of 31 years. 32 33 XI. APPROVAL TO PAY THE BILLS (8:22 p.m.) 34 Moved by DesLauriers, seconded by Reid, to approve the bills, EFT 006890E-006906E 35 for $73,506.14, order check numbers 054487-054540 for $189,799.84, and payroll EFT 36 0512804-051832 for $62,634.10. 37 38 A roll call vote was performed: 39 40 Cavanaugh aye 41 Reid aye 42 DesLauriers aye 43 Albers aye 44 45 Motion passed unanimously. 46 47 Medina City Council Meeting Minutes July 5, 2023 9 XII. ADJOURN 1 Moved by Albers, seconded by Reid, to adjourn the meeting at 8:23 p.m. 2 3 A roll call vote was performed: 4 5 Cavanaugh aye 6 Reid aye 7 DesLauriers aye 8 Albers aye 9 10 Motion passed unanimously. 11 12 __________________________________ 13 Kathleen Martin, Mayor 14 Attest: 15 16 ____________________________________ 17 Caitlyn Walker, City Clerk 18 TO: Medina Mayor and City Council Members Scott Johnson, City Administrator Caitlyn Walker, City Clerk Erin Barnhart, Finance Director FROM: Rolf Erickson (763) 473-3978 Assessor84@comcast.net DATE: July 5, 2023 RE: 2024 Assessment Proposal: Contract Attached Term of Contract: September 1, 2023 through August 30, 2024 Current Contract amount:$ 107,321 Requested amount for 2024 Assessment:$ 119,496 Parcels Total Residential and Farm Parcels 6/1/2023 3,456 Total Residential and Farm Parcels 6/1/2022 3,243 New parcels for the 2024 assessment 213 Requested increase for 213 new parcels $7,135 Requested increase for cost of doing business $5,040 $12,168 Requested 2024 Assessment total for all Residential and Farm parcels $119,496 Requested monthly fee $9,958 Associated expenses will increase significantly due to Hennepin County billing increase back to full time rates for system and equipment rental. I am requesting a change in the amount of cost of the required Hennepin County computer and system rental. The 2022 fee charged by the county for our required County computers was for shared part time usage. Our previous year’s fee was based on full usage and the County resumed billing us for full time usage for this year and subsequent years based on our usage profile. Medina’s share of that amount will be $11,194.08, ½ for the last 6 months of 2023 and ½ for the 1st 6 months of 2024 if the rate remains the same as this calendar year. Our other main expense is postage and printing of revaluation notices. Agenda Item #5A CONTRACT FOR ASSESSING SERVICES This contract is made this first day of September, 2023, by and between the City of Medina, Hennepin County, Minnesota (hereinafter called the “Municipality”) and Rolf Erickson, 14520 12th Ave. North, Plymouth, Minnesota, 55447, DBA Southwest Assessing, a Minnesota Corporation (hereinafter called the “Contractor”) The Contractor represents that he is a Licensed Minnesota Assessors as required in Chapter 273 of Minnesota Statutes. ASSESSING SERVICES: The Municipality hereby contracts for and the Contractor hereby agrees to cooperate with officials of the Municipality and the County of Hennepin in performing 2024 assessment services as defined in Minnesota Statutes for all properties in the City of Medina, except properties classified, Commercial, Industrial and Apartment. The Municipality agrees and acknowledges that the manner and the method used in the performance of the assessment duties will be under the control and direction of said Contractor. CONTRACT PRICE: In consideration of the services rendered by the Contractor, the Municipality shall pay to the Contractor at the above stated address, the sum of $119,496.00 payable in twelve (12) installments of $9,958 beginning September, 2023 and ending August, 2024. TERM OF CONTRACT: September 1, 2023 through August 31, 2024. The following services are to be billed separately on a one time basis. NONE. FURNISHING OF EQUIPMENT: The contractor shall provide all transportation necessary for the performance of the services contracted for. The Municipality shall furnish all equipment and supplies necessary for the performance of the services contracted for, including the Hennepin County data fee and Hennepin County computer equipment rental fees. ATTENDANCE AT COUNCIL MEETINGS: The Contractor shall attend the local board of review meeting on the date selected by the Municipality and the Contractor and not to exceed three other Municipality council meetings during the term of the contract. LEGAL STATUS: The parties agree that the Contractor is not required to maintain office hours, shall not receive retirement benefits, health insurance benefits, or any other fringe benefits offered to employees of the Municipality and shall, in all respects, be deemed an independent contractor. IN WITNESS WHEREOF, the Contractor and the Municipality have executed this Contract this day of 2023. City of Medina (Municipality) by Southwest Assessing (Contractor) by G:\.Clients All\Medina\City Engineer\WSB Rate Schedules\2024\2024 Rate Schedule Letter-Medina.docx July 12, 2023 Mr. Scott Johnson City Administrator City of Medina 2052 County Road 24 Medina, MN 55340 Re: WSB 2024 Rate Schedule Dear Mr. Johnson: WSB was founded on our dedication to strong relationships, collaboration, and forward-thinking ideas. We are grateful for your partnership and appreciate the opportunity to bring thoughtful solutions and value to you and your community. As we move into 2024, we will increase our rates by 6.2% on average, but will maintain the current monthly retainer for the City of Medina in the amount of $1,800. The rate increase takes into consideration many external forces and reflects the cost of business in today’s economy. We understand our clients always have a choice in who they partner with. We will continue to focus on bringing value to our clients through innovation and collaboration. As a firm, we are creating efficiencies and managing costs through the use of automation, our digital strategy efforts and are helping our clients build resilient communities that will withstand the challenges of the future. We are committed to providing the highest quality services. We will continue to work with you to support your infrastructure needs and look forward to helping you achieve your community vision. Thank you again for the opportunity to work with you. Please do not hesitate to contact us with any questions or concerns you may have. Sincerely, WSB Jim Stremel, PE Monica Heil, PE City Engineer Vice President of Municipal Services Attachment srb Agenda Item #5B 2024 Rate Schedule WSBENG.COM Billing Rate/Hour SR. PRINCIPAL | SR. ASSOCIATE $235 PRINCIPAL | ASSOCIATE $173 – $223 SR. PROJECT MANAGER | SR. PROJECT ENGINEER $173 – $223 PROJECT MANAGER $152 – $170 PROJECT ENGINEER | GRADUATE ENGINEER $102 – $169 ENGINEERING TECHNICIAN | ENGINEERING SPECIALIST $68 – $167 LANDSCAPE ARCHITECT | SR. LANDSCAPE ARCHITECT $78 – $162 ENVIRONMENTAL SCIENTIST | SR. ENVIRONMENTAL SCIENTIST $68 – $160 PLANNER | SR. PLANNER $80 – $167 GIS SPECIALIST | SR. GIS SPECIALIST $78 – $167 CONSTRUCTION OBSERVER $104 – $135 SURVEY One-Person Crew $175 Two-Person Crew $235 OFFICE TECHNICIAN $60 – $102 Costs associated with word processing, cell phones and reproduction of common correspondence are included in the above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) serv ice rates]. Mileage can be charged separately, if specifically outlined by contract. | Reimbursable expenses include costs associated with plan, specification, and report reproduction; permit fees; delivery costs; etc. | Multiple rates illustrate the varying levels of experience within each category. | Rate Schedule is adjusted annually. 1 TO: Mayor Martin and Members of the City Council FROM: Steve Scherer, Public Works Director DATE: July 12, 2023 MEETING: July 18, 2023 SUBJECT: Compost Removal Service Agreement - 2023 After soliciting multiple sources, I was only able to obtain one quote for compost removal services and want to move forward with this proposal. I expect that the compost removal cost will be in the $6,800 to $9,000 range. Recommendation It is the recommendation of staff to extend a contract to Minnesota Topsoil for compost removal and yard-waste haul away services. Attachment(s) • Compost Removal Service Agreement • Minnesota Topsoil Proposal – Exhibit A MEMORANDUM Agenda Item #5C 1 COMPOST REMOVAL SERVICES AGREEMENT This Agreement is made this 18th day of July, 2023, by and between Minnesota Topsoil, 17455 Kelly Lake Road, Carver, MN 55315, a Minnesota corporation (the “Contractor”) and the City of Medina, a Minnesota municipal corporation (the “City”). Recitals 1. The City has been authorized to enter into a contract for compost removal; and 2. The City has approved the contract for compost removal with the Contractor; and 3. The parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform compost removal for the City as directed by the Public Works Director. 2.0. TERM. The term and prices of this contract shall remain in effect from July 18, 2023 through December 31, 2023, or until such later date as may be mutually agreed upon. 3.0. COMPENSATION. The City shall compensate the Contractor at a rate of $4.15 per cubic yard for compost/bagged waste hauled away. Upon completion of the work invoice(s) shall include date of service and quantity in cubic yards. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. The disposal site will be closed during grinding operations. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to 2 the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER’S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance under this Agreement. 8.0 PAYMENT AND PERFORMANCE BOND. The Contractor may be asked to provide a Payment and Performance Bond to the City at no additional cost to the City. 9.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 10.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 13.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. 3 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By _____________________________ Kathleen Martin, Mayor By ______________________________ Caitlyn Walker, City Clerk Minnesota Topsoil (CONTRACTOR) By ______________________________ Brandon Leistiko, Estimate Date 7/11/2023 Estimate # 6 Name / Address City of Medina 2052 County Rd 24 Medina, MN 55340 Compost Site Yard Waste Haul-Out 17455 Kelly Lake Rd Carver, MN 55315 P.O. No.Terms Net 30 Rep BL Thank you for your business. 952-217-8143 minnesotatopsoil@gmail.com Total Description Qty Rate Total 1,650 4.15 6,847.50Grass, Leaves, Garden Waste, Woodchips Sales Tax 7.375%0.00 $6,847.50 1 TO: Medina Mayor and Members of the City Council FROM: Steve Scherer, Public Works Director DATE: July 13, 2023 MEETING: July 18, 2023 SUBJECT: Pickleball Court Sound Options Summary As directed at the July 5, 2023, city council meeting, Staff researched options to minimize pickleball sound effects and screening for the courts at the Hunter Lions Park, along with recommended changes to court hours. Options that might mitigate pickleball sound and block the court from sight include requiring the use of muted balls and paddles, a sound curtain, and planting trees on the approximate 24 feet of right-of-way located on the east side of Hunter Drive. To address parking questions, attached is the lot layout with a total of 62 spaces. Staff Recommendation It is the recommendation of staff to temporarily limit pickleball court use hours to 8:00a.m. to 8:00p.m. and allow the Park Commission time to review noise reduction options and provide a recommendation to Council. MEMORANDUM Agenda Item #8A Hennepin County Property Map Date: 7/12/2023 Comments: 1 inch = 50 feet No resu lts This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is not suitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2023 Preserve of Medina Page 1 of 10 July 18, 2023 PUD General Plan/Prelim Plat City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: July 13, 2023 MEETING: July 18, 2023 City Council SUBJECT: Preserve of Medina – PUD General Plan and Prelim Plat E of Holy Name Dr., N. of CR 24 – PIDs 2411823110004, 2411823120015, 1311823440005, and 1311823430016 Review Deadline Review Deadline: September 9, 2023 (PUD); September 14, 2023 (pre plat) Summary of Request Tim Boser and HL Anderson LLC have requested review of a PUD General Plan and Preliminary Plat for a 5-lot rural subdivision located east of Holy Name Drive, northeast of Lakeview Road. The applicant also proposes to create and restore a large area of wetlands on the site to create a wetland bank. The City reviewed a PUD Concept Plan for the project last summer. At that time, the project was known as “Blooming Meadows”. Excerpts from these meetings are attached for reference. Feedback from the Commissions and Council was generally supportive for the project and generally suggested that the project was likely to meet the purpose and objectives of the PUD ordinance. The subject site is over 73 acres in size, with approximately 22 acres of wetlands. Almost all the remaining property has been historically farmed. Surrounding property within Medina is mainly rural residential to the north and west. Holy Name Lake and the Lakeview Road neighborhood is to the southwest. The Churchill Farms and Bridlewood Farms neighborhoods in Plymouth are located to the east. An aerial of the subject site and surrounding land can be found to the right. MEMORANDUM • 5 lots • 73 acres (gross) • 51 buildable acre • Rural Residential Agenda Item #8B Preserve of Medina Page 2 of 10 July 18, 2023 PUD General Plan/Prelim Plat City Council Meeting The subject site is zoned and guided Rural Residential (RR). It appears that the property could be divided into five lots which meet the RR zoning district standards, and the applicant has submitted a “base density” plan showing how five standard RR lots could be arranged. The applicant is proposing a Planned Unit Development (PUD) to result in the same number of lots (five), but requests flexibility for lot size and arrangement to set aside a significant portion of the site (approximately 7 acres of restored wetlands and with another 7 acres additional buffer) for creation of additional wetland areas. The applicant intends to create a wetland bank with the additional wetland areas and sell credits from the bank. Comprehensive Plan The subject property is guided Rural Residential (RR) in the Comprehensive Plan. The maximum density within the RR land use is generally 1 unit per 10 gross acres. The proposed 5- lot subdivision would fall below this maximum density. Staff has attached excerpts from the Comprehensive Plan related to Vision and Community Goals, the general land use principles and objectives of rural land use. The criteria for reviewing a PUD include determining whether the PUD meets these objectives better than a development following the general ordinance standards. The applicant describes how they believe their proposal achieves these purposes and objectives in their narrative. Purpose of a Planned Unit Development According to Section 827.25, PUD provisions are established to provide comprehensive procedures and standards designed to allow greater flexibility in the development of neighborhoods and/or nonresidential areas by incorporating design modifications and allowing for a mixture of uses. The PUD process, by allowing deviation from the strict provisions of this Code related to setbacks, lot area, width and depth, yards, and other development standards is intended to encourage: 1. Innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and placement of structures and by the conservation and more efficient use of land in such developments. 2. Higher standards of site and building design. 3. The preservation, enhancement, or restoration of desirable site characteristics such as high-quality natural resources, wooded areas, wetlands, natural topography and geologic features and the prevention of soil erosion. 4. Innovative approaches to stormwater management and low-impact development practices which result in volume control and improvement to water quality beyond the standard requirements of the City. 5. Maintenance of open space in portions of the development site, preferably linked to surrounding open space areas, and also enhanced buffering from adjacent roadways and lower intensity uses. 6. A creative use of land and related physical development which allows a phased and orderly development and use pattern and more convenience in location and design of development and service facilities. 7. An efficient use of land resulting in smaller networks of utilities and streets thereby lower development costs and public investments. Preserve of Medina Page 3 of 10 July 18, 2023 PUD General Plan/Prelim Plat City Council Meeting 8. A development pattern that effectuates the objectives of the Medina Comprehensive Plan. (PUD is not intended as a means to vary applicable planning and zoning principles.) 9. A more desirable and creative environment than might be possible through the strict application on zoning and subdivision regulations of the City. The applicant proposes the PUD primarily to allow flexibility from minimum lot size requirements to create additional wetland area. The applicant does not propose more lots than could be achieved designing to the standard RR district standards. The applicant has requested review under the City’s standard PUD regulations. The City has also established alternative Conservation Design-PUD regulations. A CD-PUD would allow a density bonus up to 2x the base density and require permanent conservation of 30% of the upland area. The applicant has not requested additional density and has not proposed a CD-PUD subdivision. Proposed General Plan/Preliminary Plat The following table summarizes the proposed lots compared to the general RR district requirements. As noted above, a PUD allow the opportunity for flexibility from these standards if the City determines that such flexibility meets the purposes of the PUD ordinance and other City objectives. The areas of potential flexibility are highlighted in yellow. RR Requirement Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Gross Acreage N/A 25.7 acre 15 acre 6.4 acre 5.1 acre 3.57 acre Min. Lot Size 5 acre cont. suitable soils 4.25 acre 3.8 acre + 2 acre 5.3 acre 4.9 acre 1.2 acre Min. Lot Width 300 feet 610’ 1330’ 370’ 775’ 415’ Min. Lot Depth 200 feet 1510’ 580’ 980’ 505’ 580’ Front Setback 50 feet 50’ 50’ 50’ 50’ 50’ Side Setback 50 feet 50’ 50’ 50’ 50’ 50’ Rear Setback 50 feet 50’ 50’ 50’ 50’ 50’ Animal Structure Setback 150 feet 50’ 50’ 50’ 50’ 50’ Hardcover Max 40% 25% shoreland 40% NA 40% NA 40% 25% 40% 25% 40% NA The RR zoning district establishes a minimum lot size of 5-acres of contiguous suitable soils as described in the subdivision ordinance. The applicant proposes that four of the lots contain less than 5-acres of contiguous suitable soils. Generally, this results because areas of suitable soils are proposed to be converted to wetland areas. The applicant referenced potential flexibility to lot depth/width standards within their narrative. As currently proposed, the lots all meet minimum depth/width standards. However, the applicant is still completing a model on what the footprint of the wetland creation area will be. As a result, the orientation of some of the lot lines may be adjusted upon final plat and they would like to maintain flexibility. Preserve of Medina Page 4 of 10 July 18, 2023 PUD General Plan/Prelim Plat City Council Meeting The applicant has proposed flexibility for the setback required for animal structures to 50’, rather than the 150’ required in code. Staff believes this reduction would be appropriate from internal property lines. However, staff would recommend maintaining a minimum setback of 100’ to the external of the site. Staff believes flexibility from internal setback requirements is appropriate to support the clustering of lots to provide the area for wetland creation/restoration. Utilities/Septic The lots will be served with individual wells and septic systems. The applicant has submitted soil borings identifying a primary and secondary Type I septic location for each proposed lot as required by state rules and the City’s individual sewage treatment system (ISTS) ordinance. The Type I septic locations for Lots 1 and 2 are proposed across the large wetland to the north, over 1200 feet from likely home sites. Although soils on Lots 1 and 2 will not support a standard Type I system south of the wetland, a Type III system could be designed closer to the home. A Type III system has less than 12” of clearance to the water table, so requires a taller mound. The applicant has indicated a willingness to require Lots 1 and 2 to install systems with pre-treatment (Type IV) if a standard system cannot be built on these lots. The building official indicated that this would be preferred to relying on Type III systems. The applicant’s septic designer provided details on how Type I systems could be installed north if necessary. The building official believes a pre-treatment system closer to the homes will be a better situation. Wetlands and Floodplain Seven wetlands have been delineated on the site. The largest wetland occupies the northern quarter of the site. Wetlands 3 and 4 are the next largest and have usually not been farmed in recent years. The remaining wetlands are smaller and have often been farmed over time. Wetlands 1, 3, and 4 are partially drained with a drain tile running through the field and to the south. The applicant proposes to restore wetlands 3, 4, and 7 and create additional wetland areas between these wetlands by preventing the drain tile from draining the area around wetlands 3 and 4. The applicant intends to create a wetland bank from which they can sell credits. There are currently no wetland credits available in Hennepin County, so the restoration and creation of wetland areas in the area is a priority. Creating the larger wetland area would likely include altering how this drain tile functions. The drain tile serves as the primary outlet for Wetland 1, so it will be important that this outlet function is maintained in a manner than Wetland 1 does not impact other adjacent properties. Staff recommends a condition that any alteration meet the recommendations of the City Engineer and relevant agencies. The City’s wetland protection ordinance requires buffers based on the functional classification of the wetlands as described to the right. The applicant proposes to create larger buffers around wetlands 3, 4, and 7 because these areas qualify for wetland credits. Wetland Classification Avg. Buffer Width 1 Manage 2 25 feet 2 Manage 2 25 feet 3 Manage 2 25 feet 4 Manage 3 20 feet 5 Manage 3 20 feet 6 Manage 2 25 feet 7 Manage 2 25 feet Preserve of Medina Page 5 of 10 July 18, 2023 PUD General Plan/Prelim Plat City Council Meeting FEMA floodplain maps identify Zone A floodplains within and adjacent to Wetland 1. The floodplains do not have a base flood elevation established, and it appears the mapped floodplain extends further south than is accurate based on site conditions. The Minnehaha Creek Watershed has provided a conservative estimate that the base flood elevation is likely below an elevation of 1002, but this will need to be modeled at the time of preliminary plat application. The applicant does not propose any impacts even at the 1002 elevation, but the precise elevation will impact allowed elevations for homes. Access/Transportation The applicants propose two shared driveways to provide access to Holy Name Drive. The southern driveway is proposed to serve two lots, near the southern property line, approximately 40 feet south from Lakeview Road. The second driveway would be north of the created wetland, approximately 250 feet north of Cheyenne Trail, approximately 40 feet north of the existing field access. From an operations standpoint, it would be preferable if the southern driveway was located closer to Lakeview Road, but there is a farmed wetland in that location. Staff originally recommended that the driveway be relocated to intersect with Lakeview if the wetland impacts could be approved. The applicant has requested to leave the driveway offset, noted that it only serves two homes and the intent of the subdivision is to create wetlands. The Planning Commission did not raise concern with the offset for the shared drive. Right-of-way/Easements There appears to be previously platted right-of-way for Holy Name Drive adjacent to the site. Staff recommends a minimum of 33’ from the existing centerline of Holy Name Drive, which is generally standard for rural two-lane roadways. It appears that the roadway meanders within the existing right-of-way, so staff recommends a condition that additional right-of-way be dedicated as necessary to provide 33’ from centerline along the entire frontage. This amount of right-of- way would accommodate travel lanes and potential widening of the shoulder in the future. Staff recommends a 15’ right-of-way adjacent to Holy Name Drive to provide sufficient space for utilities and ditches. Staff also recommends a condition that the plat provide standard drainage and utility easements along the perimeter of lots, over outlots, and over wetlands and drainageways. Tree Preservation Most of the site is farmed or wetland. There are areas of trees along the western edge of the site and a grove near the southern property line. It appears the applicant will propose some removal for grading and installation of the two shared driveways. The applicant has indicated that their intent is to save as much of the southern grove as possible by putting the driveway along the southern property line. Staff recommends a condition that removal and replacement be quantified. Stormwater/Grading Review The applicant proposes a combination of stormwater ponds and enlarged buffers to meet stormwater regulations. The City Engineer has reviewed and provided comments to be addressed. Staff recommends a condition that these comments be addressed. Preserve of Medina Page 6 of 10 July 18, 2023 PUD General Plan/Prelim Plat City Council Meeting Parks/Trails/Park Dedication Ordinance Requirements The City’s subdivision ordinance requires the following to be dedicated for parks, trails and public open space purposes, at the City’s option: • Up to 10% of the buildable land (in this case = 5.1 acres) • Cash-in-lieu of land – 8% of the pre-developed market value; minimum of $3500/residential unit, maximum of $8000/residential unit (in this case the $16,000 maximum will be triggered for the additional lots) • Combination of the above The City’s park plan does not identify the need for park space in the area of the property. The trail plan does not identify any trail corridors. However, there is an extensive private trail network within the Plymouth neighborhood to the east which are located very close to the edge of the site. These trails connect to Plymouth trails and to Greenwood Elementary. In consultation with Plymouth staff, Medina staff believes it would be advisable to secure a trail easement connecting from the eastern property line to Holy Name Drive. This would provide opportunity to connect these trails if they were ever to become public to provide connectivity in the area. The aerial to the right shows the location of existing trails in solid green, and staff’s recommended easements for the subject subdivision (and potentially extending to the north) in dashed green. Preserve of Medina Page 7 of 10 July 18, 2023 PUD General Plan/Prelim Plat City Council Meeting Staff has calculated that the area of the trail easement shown on the aerial would account for approximately 29% of the park dedication. Staff would recommend obtaining these easements and collecting 71% of the cash-in-lieu amount. Staff does not recommend construction at this time, but would recommend securing the land for potential future connections. The Park Commission discussed at their June 21 meeting. The applicant raised serious concern with the impact of the trail easement on the value of the northern two lots. After consideration, the Park Commission recommended that the City require a trail connection from Holy Name Drive as shown or similar to indicated by staff. Accessory Dwelling Units Accessory Dwelling Units (ADUs) are allowed with conditional use permit approval within the RR district, subject to a series of conditions. The applicant proposes that ADUs be permitted as accessory uses within the PUD so that they could be constructed without a conditional use permit application. Staff believes the limitations on an ADU can be formalized within the PUD, reviewed administratively by staff, and subject to a recorded document making these limitations of record. The applicant also requests flexibility from the conditions/limitations for ADUs. Following are the conditions for ADUs with the applicant’s proposed changes in red: (i) No more than one accessory dwelling unit shall be located on a property. No accessory dwelling unit shall be permitted upon a property on which a lodging room or a second residential dwelling is located; (ii) Accessory dwelling units within the SR (Suburban Residential), UR (Urban Residential), R1 (Single-Family Residential) or R2 (Two-Family Residential) zoning districts shall be attached to the principal single family structure; (iii) The lot shall contain an existing single-family dwelling unit; (iv) The habitable area of the accessory dwelling unit shall not exceed 2500 finished square feet the lesser of the following: 1) 750 square feet for a one-bedroom unit; 2) 1,000 square feet for a two-bedroom unit; or 3) 40 percent of the habitable area of the principal single-family dwelling; (v) The accessory dwelling unit shall contain a minimum of 300 square feet of habitable space; (vi) The accessory dwelling unit shall contain no more than two three bedrooms; Staff supports ADUs being allowed as a permitted use rather than requiring review of a CUP within this development. In fact, staff believes it may be reasonable to discuss whether it would make sense to not require CUP review for ADUs within the Rural Residential area more broadly. Staff recommended maintaining the two-bedroom limitation. Staff would support some allowance for more square footage. The applicant has suggested that there may be interest in dual-purpose accessory buildings which may provide detached “hang out” space for the owners, but also provide space for guests. The Planning Commission discussed support for allowing three-bedroom ADUs up to 2500 square feet. Preserve of Medina Page 8 of 10 July 18, 2023 PUD General Plan/Prelim Plat City Council Meeting Review Criteria/Staff Comments The City has a high level of discretion when reviewing a PUD because it is a rezoning, which is a legislative action. A PUD should only be approved if it achieves the purposes of the PUD district (described on page 2-3), the Comprehensive Plan, and other City policies. The PUD process allows flexibility to the general zoning standards to result in a more desirable development than would be expected through strict adherence to the requirements, which in this case are the RR requirements. The process provides flexibility which is ultimately at the discretion of the City. Such flexibility often cuts in both directions, certain aspects of the development may not meet the general standards while other exceed minimum standards. The flexibility provides the opportunity for collaboration in site design because the City can request adjustments which may be seen as preferred, but would not be required under general standards. It appears that the primary flexibility which the applicant is requesting is to reduce the amount of suitable soil within the lots, but not to increase the number of lots above what may be possible under standard RR zoning. Doing so provides flexibility on how the sites could be arranged. If information can be provided showing adequate opportunity for septic locations for each of the five lots, staff believes it is reasonable to conclude that the flexibility proposed within the PUD serves various goals and objectives identified in the PUD purpose and the Comprehensive Plan. Creating 4-5 lots and also creating the additional wetland areas would likely not be possible if strictly adhering to the RR standards. It is reasonable for the Planning Commission and Council to support some flexibility, but determine that some aspects requested do not support the purpose of the PUD. The flexibility requested is summarized below to help organize discussion: 1) Reduction of minimum lot size (contiguous acre suitable soils) as described in table on page 3. Note: lot lines may need to be adjusted based upon modeling for wetland creation. Planning Commission and Council should comment on any concern about slight additional reductions in size 2) Reduction of lot depth/width (if necessary based upon wetland modeling) 3) Reduction of animal structure setback from 150’ to 50’ 4) Reduction of minimum wetland buffers and septic setbacks to wetlands 5) Accessory dwelling units – no Conditional Use Permit required 6) Accessory dwelling units – increased maximum size allowed Planning Commission Recommendation The Planning Commission held a public hearing on the application at the June 13 meeting. Several neighbors spoke at the hearing and were generally supportive of the project overall. The Planning Commission was generally supportive of the application and how it achieved the purpose of the PUD district. Commissioners discussed the flexibility requested as part of the PUD and indicated support for most of them. The Planning Commission supported reduction of animal structure setbacks from other parcels within the subdivision, but did recommend that the animal structure setback be maintained to the exterior of the site. The Planning Commission unanimously recommended approval subject to the following conditions: Preserve of Medina Page 9 of 10 July 18, 2023 PUD General Plan/Prelim Plat City Council Meeting 1) The PUD and preliminary plat shall be contingent upon creation and restoration of wetlands as contemplated in the general plan. 2) The applicant shall provide information necessary to establish the base flood elevation. 3) The plat shall provide easements as recommended by the City Engineer, including along the perimeter of lots, over outlots, and over all wetlands, drainageways, and stormwater improvements. A minimum of 15-wide drainage and utility easement shall be provided adjacent to the Holy Name Drive right-of-way. 4) The plat shall provide right-of-way as recommended by the City Engineer, but a minimum of 33-feet from the existing centerline of Holy Name Drive. 5) The applicant shall dedicate a trail easement in the locations recommended by staff and pay a fee of $11,360 in-lieu of additional land dedication. 6) Lots 1 and 2 shall install Type I or Type IV ISTS systems upon initial development. 7) The general plan of development shall be updated to specify a minimum setback of 150’ for animal structures from property lines abutting property which is not part of the PUD. The setback for animal structures may be reduced to 50’ from property lines interior to the PUD. 8) The applicant shall provide evidence satisfactory to the City Engineer that the drain tile is functional to be part of proposed drainage system of the Property. The applicant shall also ensure that any alterations to the drain tile or drainage of the site does not negatively impact drainage. 9) Easement and maintenance agreements shall be recorded related to the shared driveways. Driveway locations shall be subject to review and approval by the City Engineer and Public Works Director. 10) The applicant shall provide information on tree preservation, removal and replacement. 11) Except as explicitly noted within the Planned Unit Development, future applicants shall abide by relevant City requirements. 12) The Applicant shall enter into a development agreement with the City, which shall include the conditions described below as well as other requirements of city ordinance or policy. 13) The Applicant shall install all improvements shown on the plans dated ______, except as may be modified herein. The Applicant shall submit construction plans prior to or at the time of final plat application and address all comments of the City Engineer. 14) 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. 15) The Applicant shall meet the requirements of the wetland protection ordinance including but not limited to: execution and recordation of Upland Buffer Easement Agreement in a form and of substance acceptable to the City Attorney, planting of appropriate vegetation, and installation of signage. 16) The Applicant shall provide title evidence prior to or at the time of final plat application and abide by the recommendations of the City Attorney with regard to title matters and recording instructions. 17) The final plat application shall be filed within 180 days of the date of this resolution or the approval hereby granted shall be considered void, unless a written request for time extension is submitted by the applicant and approved by the City Council. 18) The Applicant shall obtain any required permits from other agencies, including but not limited to the Minnesota Pollution Control Agency and Minnehaha Creek Watershed District. 19) 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. Preserve of Medina Page 10 of 10 July 18, 2023 PUD General Plan/Prelim Plat City Council Meeting Potential Action If the Council finds that the proposed PUD serves the purposes of the PUD district and other city objectives, the following action could be taken. The Council should also discuss the aspects of flexibility requested to determine whether they are supported. Motion to direct staff to prepare documents of approval for the PUD General Plan and Preliminary Plat, subject to the conditions noted in the staff report [with the following changes, if any]. Attachments 1. Planning Commission minutes 2. Park Commission minutes 3. Comment Received 4. Comp Plan Info 5. City Engineer comments 6. Applicant narrative 7. Preliminary Plat/Plans 8. Base Density Exhibit Medina Planning Commission Excerpt from Draft 6/13/2023 Minutes 1 Public Hearing – Preserve of Medina – East of Holy Name Dr, North of Lakeview Road – Planned Unit Development (PUD) General Plan and Preliminary Plat for 5 Lot Rural Subdivision Finke stated that the Commission previously reviewed a concept plan for this rural five lot subdivision. He stated that the site is approximately 73 acres, 50 of which would be buildable, and is zoned rural residential. He noted that a PUD would allow flexibility of the zoning standards in return for accomplishment of other desired City goals and/or amenities. He reviewed the adjacent land uses and displayed the proposed site plan. He noted that two lots would share a driveway while the other three lots would share a driveway with a plan to restore wetlands in the center of the site. He stated that the wetland creation/restoration would create a wetland bank. He noted that the PUD would allow flexibility in the arrangement of the lots around the wetland area. He noted that a standard rural residential layout was also provided by the applicant, showing that five lots could be created under standard zoning therefore the applicant is not proposing higher density than would be allowed. He noted that the wetlands would be placed into an outlot and deeded to the City. A portion of the proceeds from the sale of the wetland credits would be placed into a fund to use for ongoing maintenance. He stated that the applicant proposes to work with Gordon James as a home builder and example homes information was provided in the packet. He provided details on the primary and alternate septic sites for each of the lots noting that the sites for the northern lots were provided on the upland area on the other side of the wetlands. He noted that those systems could practically be built if necessary and they have discussed type four pretreatment systems for those lots as those could be located south of the wetlands. He noted that those plans have been reviewed by the Building Official. He noted that some alterations may be needed to the drain tile in order to create the wetland buffer area and that would be monitored to ensure proper drainage. He provided additional details on the driveway plans and noted that staff will provide this presentation to the Park Commission the following week, noting the recommended trail connection to Holy Name to the east. He reviewed the flexibility requested under the PUD mainly related to lot size, and potentially lot width and/or depth as they work out the boundary of the wetlands, as well as the animal structure setback, and accessory dwelling units (ADU). Nielsen noted that 1.2 acres is proposed for lot five and asked if there is a reason to not add additional property to that lot rather than include the land in the outlot. Finke replied that there are portions of the site that lend themselves more easily to the wetland restoration more easily and the area around that property is where a large amount of the wetlands are being created. Nielsen asked if the wetlands could be on the private property owner’s land. Finke replied that the Corps of Engineers pushed hard to have the created wetlands outside of private property in order to improve long term enforcement of violations into the buffer areas. He stated that it was a high priority to have the created wetlands in an outlot. Ahmed asked and received confirmation that there are five home sites proposed on the property and asked for details on Outlot A. Finke replied that Outlot A would encompass the wetlands being restored and created, along with the buffers. Jacob asked how the wetland bank would be administered. Finke replied that the bank would need to be registered with the Board of Water and Soil Resources (BWSR) and all transactions would go through that entity. Medina Planning Commission Excerpt from Draft 6/13/2023 Minutes 2 Jacob asked if the ADUs and animal structures could be overridden by HOA regulations. Finke replied that could be presumable but many times those restrictions are put in by the developer and because the developer is requesting that flexibility it would suggest that there will not be such restrictions. Jacob noted about a ten-foot difference between the lowland and highland and asked if there would be any chance a lot could be increased in elevation beyond that. He noted the nearby residents in Plymouth could be impacted if elevations are raised significantly. Finke stated that there has not been mention of that but that could be answered by the applicant. Popp commented that four of the five lots do not meet the contiguous soils requirement as proposed and asked how many of the lots would meet the requirement if the wetland restoration and placement into Outlot A were not done. Finke replied that the base density plan showed that it would be possible to layout five lots with contiguous suitable soils before the creation of the wetlands. Popp asked the perspective or reasoning why the current ADU is limited in nature. Finke replied that the limitations for ADUs was to make it clearly accessory to a primary home. He noted that the 2,500 square feet as proposed would be above grade and stated that the applicant could provide additional clarification on whether that square footage would include a walkout level or whether there would be plans for a basement in addition to the above grade area. Nielsen stated that she would prefer for an ADU to follow the conditional use permit (CUP) process and asked why the City would want to take control of that through administrative review. Finke replied that the review criteria and conditions are fairly administrative and there is not a lot of discretion. He acknowledged that additional conditions could be added through a CUP, but the criteria are generally yes or no for an ADU. Nielsen referenced lot A which has 1.2 acres of buildable area and asked if an ADU could be placed on that lot as proposed. Finke clarified that the lot would be 3.5 acres with 1.2 acres of suitable soil. He confirmed that if approved as presented an ADU could be allowed, even if that were to follow the typical CUP process. Nielsen asked if sewer and water were to come from the north in the future, could those lots be subdivided. Finke replied that would be subject to the City’s land use and zoning regulations which would require the reguiding of the property for sewer and water, low density. He stated that practically, given the value that will be invested to develop these lots as rural residential, it would be extremely unlikely that redevelopment would be proposed in the following decades. He stated that a rural development, or PUD as proposed, would make sewer and water much less likely. Rhem invited the applicant to speak. Medina Planning Commission Excerpt from Draft 6/13/2023 Minutes 3 Tim Boser, applicant, stated that they are working with Stantek on the wetland restoration project as that firm has experience in that area. He anticipated a three-to-five-year process. He explained that they are not 100 percent certain where the wetland buffer will ultimately fall which is why they are asking for flexibility on the lot size/width. He stated that Stantek is fairly confident in the line placement, but that would be finalized later this summer/fall and would be certified through final plat. He stated that while they are hoping to move forward with the final plat for the homes later this year, the wetland process would take longer. He noted that once that is completed, in about five years, the land would be dedicated to the City or Watershed District. He noted that they would also fund the maintenance for the next ten years. Nielsen asked the if the applicant agrees to the conditions recommended by staff. Boser replied that generally yes, but they would like to get to 2,500 square feet for the ADU. He explained that they are thinking more of a pool house/guest house rather than a traditional ADU. He stated that they are comfortable with a total square footage of 2,500, explaining that they are not thinking of 2,500 in addition to a basement. Jacob asked if there is anticipation of a change in elevation for the lots. Mark Gronberg, project engineer, commented that the homes would need to be two feet above the low water elevation and therefore there would be fill on some lots to meet that requirement. Jacob asked the anticipated change in elevation. Gronberg replied that those units would most likely be walkout and anticipated six to seven feet. Popp referenced the animal structure setback and asked if 150 feet on the eastern side would be amenable to ensure proper setback from the Plymouth properties. Boser referenced lot three and the distance between Outlot A, which is a bit narrow and could force an animal setback further south therefore the flexibility was requested for that area. He stated that the boundary between the properties and Plymouth is heavily wooded and therefore it would be unlikely that the Plymouth lots could see into these lots. Rhem opened the public hearing at 7:41 p.m. Suzie Sween commented that she lives directly adjacent to the property and believes that this is a wonderful plan. She hoped that the City would support this plan. She noted an area near the tennis courts and developed stormwater ponds and stated that the ponds have not been maintained. She stated that there is spillover on the property that impacts the properties in that area. She believed that should be addressed between the cities, although separate from this development. She commented that she would agree with the alignment of the driveways as proposed or changing the alignment to match Lakeview. She asked that there be some type of buffer for the road/driveway which could be done through a berm or trees. Brenda Boyam, 2582 Holy Name Drive, commented that she also supports the plan noting that it was refreshing to see that there are only five homes proposed. She advocated for the wetland restoration and would prefer that to the option mentioned by the Commission to have increased lot sizes in lieu of the wetland creation. She stated that she values wetlands and likes that there would be long-term oversight of the management of the wetlands. Medina Planning Commission Excerpt from Draft 6/13/2023 Minutes 4 Tom Medcalf, 2165 Holy Name Drive, asked if there could be more description of the wetlands in terms of surface water, marsh and the amount of soil that would be moved. He asked how the work would impact the area under construction and whether there would be treatment of the water discharged into Holy Name Lake. Boser commented that there is not much grading in the wetland area as that is not allowed. He stated that there is a ridge between the two wetlands that may be scraped a few feet. He stated that will be known once those plans are approved. He stated that the Watershed District supports this project because there will be a conversion from farmland to wetland, as the discharged from farmland is much worse. He noted that most of the water will filter down and only under very heavy conditions would water flow to Holy Name Lake. He noted that they would also be required to install plantings and would ensure everything is established prior to passing it to the City. Finke stated that the Watershed District has been a partner throughout this process as they have been working on this for over the past year. He stated that this will have many benefits above just the conversion from agriculture. He noted that these elements would be above and beyond what would be provided through standard development. Nielsen asked for clarification on the road, as it was her understanding that the road had been shifted to the south. Boser confirmed that the road is currently proposed along the southern edge of the property. He noted that it is not really a road but a private driveway. He stated that they would prefer not to move that driveway to the north as it would conflict with the wetland area. He stated that if it were aligned with Lakeview, people may think it is a road rather than a private driveway. Rhem asked if there would be concern with placing a berm or trees along the driveway to provide a buffer for the neighbor. Boser replied that he would not be opposed if there were room. Additional information was provided on the distance of the northern driveway from the property line. Julie Rothstein, 3615 Alvarado North, asked if there is anticipated timing for the project. Boser provided details on the anticipated timing for the homes and wetland work. Rhem closed the public hearing at 7:56 p.m. Jacob stated that he is generally supportive of the project and staff recommendations. Piper echoed her support and thanked the applicant for preserving the rural character of Medina. Popp stated that he is very supportive and noted that the net density is still within the rural residential allowance. He found it important to know that the reason for the flexibility was the additional wetland creation. He referenced the requested animal structure setback and believed that to be warranted. He stated that related to the ADU perhaps the 2,500 square feet is clarified to be the total size rather than above ground. Ahmed commented that he also supports the plan as proposed and is happy to see the support of the neighbors. Medina Planning Commission Excerpt from Draft 6/13/2023 Minutes 5 Plec thanked the neighbors for coming forward and supporting the project. He stated that he also supports the project. Nielsen also applauded the project, noting that she is a neighbor on Lakeview. She referenced the animal structure setback and noted that she would agree to that internally but would prefer the 150-foot setback remain externally. She stated that 2,500 for an ADU seems large as that is larger than her current home. She understood that these will be large homes but would prefer the normal ADU regulations apply. She noted that she would support administrative review of the ADUs. Rhem echoed the comments of the Commission thus far, noting that he appreciates the efforts towards the wetlands and ecological impact that will have. He agreed that animal setbacks should be limited to internal setbacks. He also supported that 2,500 square feet be the total size rather than above ground size for the ADU. Finke provided additional clarification on habitable square feet for an ADU, noting that when those other areas are factored in, an ADU can come close to 2,500 square feet. He confirmed that this would be a total square footage of 2,500 rather than habitable square footage. Rhem asked if the ADU would still be governed by the 40 percent rule. Finke confirmed that as proposed it would be 40 percent of the floor area of the principal structure, or 2,500 square feet. He noted that neither of those calculations could be exceeded. Nielsen commented that she does not care about the number of bedrooms. Finke stated that the original regulation limited the number of bedrooms in order to limit intensity should the ADU be rented. Rhem stated that he did not have a problem with three bedrooms as the total size would be limited. Nielsen stated that hopefully the issue of rentals would be addressed by the HOA. Popp stated that he also shared the concerns of Nielsen as this would essentially create two homes on one lot, with the ADU allowed to be 2,500 square feet and that is larger than his home as well. He noted that after hearing the input tonight he is comfortable. Nielsen asked if the Commission is comfortable with the reduced animal setback internally and confirmed the consensus of the Commission. Piper asked who would choose to make an HOA on this property, whether it would be the developer or the eventual property owners. Finke replied that the applicant could provide input on their intention of an HOA. He commented that there would be limited need for an HOA on this property. He noted that the set of owners could figure out the details of the shared driveways themselves. Boser stated that given the size, with five lots, they do not have the intention to create or force an HOA. He stated that if the homeowners decided to have an HOA, they could. He stated that other than the shared driveways there are not common elements. He stated that they would have development covenants that would address the shared driveways and design standards. Medina Planning Commission Excerpt from Draft 6/13/2023 Minutes 6 Motion by Nielsen, seconded by Popp, to recommend approval of the Planned Unit Development General Plan and Preliminary Plat with the following conditions: 1) 2,500 square feet or 40% of principal ADU; 2) three-bedroom ADU; 3) 50-foot animal structure setback interior only. Motion carries unanimously. Medina Park Commission Excerpt from Draft 6/21/2023 Minutes 1 PRESERVE OF MEDINA – PUD General Plan and Prelim Plat East of Holy Name Drive, North of CR 24 Scherer stated that the Commission previously reviewed a concept plan for this rural five lot subdivision. He noted the PUD allows for more flexibility of the zoning standards and although no park facilities or broader trail corridor are identified in the vicinity, staff recommends securing trail easements for a future Medina Road to Holy Name connection and cash in-lieu. Tim Boser, applicant, stated that they are working with Stantec on the wetland restoration project as that firm has experience in that area and said they are not positive where the wetland buffer will ultimately fall which is why they asked the Planning Commission for flexibility on lot size. He stated the process can take up to five years and once completed the land would be dedicated to the City or Watershed District. The Park Commission also heard from Greg Hoglund, co-applicant, who opposed the trail easement because it would be undesirable for potential property owners as well as encroach on the existing homeowner properties on Holy Name Road. Gunter said he agreed that Holy Name Road is narrow which is why those residents desire access to the trail system. Hutchinson suggested a boardwalk option or extension of a path down the east and south border. Hoglund objected, reminding the Commission that the City doesn’t have a trail corridor identified for this area. A motion was made by Hutchinson and seconded by Gunter to recommend requiring the trail easements described in the staff report and cash-in-lieu of additional park dedication. 1 Dusty Finke From:jrfeder130@cs.com Sent:Thursday, June 22, 2023 10:59 AM To:Dusty Finke; greg.hovlund@biworldwide.com Subject:Nobody Ever Mentioned A Word about any Bike Path Dusty: Good Morning: With all due respect, I am quite surprised about this new situation. I spoke with Greg Hoglund last night about this BRAND NEW SITUATION, which has never been mentioned at the meetings I attended last week, and a year ago. I find it hard to believe that if it was a possibility, Thinking, it for certain would have been brought up. Greg owns all the land, and absolutely does NOT want any bike path, and you know for sure, As I have mentioned to you several times before (Over Last Few Years ) I DO NOT either. Hoping you understand, my Privacy is Key., and priceless to me. Thats why I live here on this property. I'd like to point out Its only 30' but its Right Out My Bedroom Window, and its WAY TOO CLOSE for any path. .Please let me know if I can stop in and discuss further. Thanks much. Respectfully, Joel Feder 612 810 2572 EXCERPTS FROM COMP PLAN Chapter 2: VISION & COMMUNITY GOALS _______________________________________________________________________________________________ The Vision and Community Goals chapter is the heart of the Comprehensive Plan and provides the foundation from which City officials make consistent and supporting land use decisions. This chapter includes a set of general community goals that guided the creation of this Plan. The concepts in this chapter are some of the few static elements of the Comprehensive Plan. If land uses change or other infrastructure varies from the Plan, decisions will be founded in the goals set forth below. The Vision and Goals were created with the involvement of the Comprehensive Plan Steering Committee (the “Steering Committee”), City officials, and residents of Medina and are broadly supported. Land use designations are subject to strong social and economic pressures to change. Accordingly, it is appropriate that such systems be periodically evaluated in light of changing social and economic conditions. As development evolves, the Vision and Goals will provide the guidance for accomplishing the vision for the future of the community even when changes are necessary to the land use plan. Detailed objectives and recommendations are contained within each of the subject chapters of this plan. Creating the Vision and Goals The residents, the Steering Committee, City officials and staff participated in the planning process for the Plan. A series of public participation meetings were conducted to introduce and solicit information from the residents of Medina. The Steering Committee held work sessions that focused on integrating the concerns and desires of the community together with accommodating growth and regional impacts. An online forum provided additional opportunity for residents to impact the Vision and Community Goals as they were formulated. In addition to land use and growth planning, the City implemented open space, natural resources, and infrastructure planning. The goals which guided this process are integrated into this chapter. Each element of this plan was developed with assistance from city officials and a diverse group of community stakeholders producing a truly representative plan. The City made a conscious decision to emphasize natural resources and open space conservation. Community Vision The following statement provides a vision of the community for the future and the resultant goals and strategies. Medina is a community united by a common goal: to sustain and enhance the quality of life of its residents. Medina will protect its significant natural resources and open space throughout the City, while honoring its rural heritage and fostering safe and well-designed neighborhoods, places of recreation and destinations for citizens to gather. Development within the City will be commensurate with available transportation systems, municipal services and school capacity. Community Goals The following Community Goals are derived from the Vision Statement and inform objectives and strategies throughout the various aspects of the Comprehensive Plan. • Preserve rural vistas, open spaces, and wetlands in all parts of the community to promote the rural character of Medina. • Protect and enhance the environment and natural resources throughout the community. • Encourage and incent innovative and environmentally friendly approaches to planning, engineering and development. • Expand urban services only as necessary to accommodate regionally forecasted residential growth, desired business opportunities and achievement of other Community Goals. Such development and growth shall be at a sustainable pace proportionate with capacity of schools and transportation, water supply and wastewater infrastructure available to the City. • Spread development so that it is not geographically concentrated during particular timeframes. • Promote public and private gathering places and civic events that serve the entire community. • Preserve and expand trails and parks to provide community recreational facilities, connect neighborhoods, and encourage healthy lifestyles of its residents. • Provide opportunities for a diversity of housing at a range of costs to support residents at all stages of their lives. • Encourage an attractive, vibrant business community that complements the residential areas of the City. • Maintain its commitment to public safety through support of the City’s police department and coordinate with its contracted volunteer fire departments. • Manage the City through prudent budgeting processes, retaining a skilled and efficient staff and long-range planning and financial management. Future Land Use Plan Principles The Future Land Use Plan guides the development of Medina through 2040, and will be used to implement the City’s goals, strategies and policies. The Plan is guided by the Vision and Community Goals as furthered by the following principles: Development Patterns and Neighborhood Form • Encourage open spaces, parks and trails in all neighborhood developments. Surveys indicate that a high quality of life is found when residents have visual access to green spaces. • Create neighborhoods with a variety of housing types that are well connected with roads, trails or sidewalks. • Maintain the integrity of rural neighborhoods and promote development patterns consistent with existing rural residential development. • Recognize neighborhood characteristics and promote new development compatible in scale, architectural quality and style with existing neighborhoods. • Stage residential growth to minimize the amount of adjacent developments which occur within the same time period. • Guide density to areas with proximity to existing infrastructure and future infrastructure availability. • Concentrate higher density development near service oriented businesses to help promote walkability. • Consider planned development in surrounding communities when making land use decisions in the City. Road Patterns • Recognize regional highway capacity and planned improvements, along with use forecasts, as major factors in planning for growth and land use changes. • Establish collector streets with good connections through the community’s growth areas. • Promote trails and sidewalk access near roads and thoroughfares to encourage multi- modal transportation choices. • Consider opportunities to improve north-south travel within the City. Open Spaces and Natural Resources • Preserve natural resources throughout the community and provide educational opportunities to residents to help them understand the value of natural areas. • Preserve open spaces and natural resources. • Protect wooded areas and encourage improvement of existing resources and reforestation. Evaluate existing woodland protections and supplement as necessary. • Support the guidelines identified in the Open Space Report to preserve the City’s natural systems. Business Districts and Commercial Areas • Focus service businesses and development near urban residential densities and along primary transportation corridors. • Provide connections between residents and commercial areas and promote businesses within mixed-use areas. • Work to create job opportunities in the community for Medina residents to reduce traffic and commuting demands. • Emphasize service and retail uses which serve the needs of the local community and provide opportunities for the community to gather. • Support business development with a corporate campus style which provides open and protects natural resources. Rural Designations Objectives: 1. Allow low-density development in the Rural Residential Area including innovative arrangements of homes that preserve open space and natural resources. 2. Encourage conservation of open space, farms and ecologically significant natural resources in the rural areas. 3. Enforce stringent standards for the installation and maintenance of permanent, on- site sewage disposal systems. 4. Allow public facilities and services, such as parks and trail systems, if compatible with rural service area development. 5. Allow land uses, such as home-based businesses, hobby farms, horse stables, nurseries and other smaller-scale rural activities, which will not conflict with adjoining residential development. 6. Regulate noise, illumination, animals, and odors as needed to maintain public health and safety. 7. Maintain a maximum density of one unit per forty acres for property in the Agricultural land use. 8. Maintain a maximum density of one unit per ten acres for new development in the Rural Residential and Future Development Area land use. 9. Consider exceptions to maximum density standards for open space developments that protect natural features and put land into permanent conservation. Within the Metropolitan Council’s long term sewer service area (reference Map 5-5), these exceptions will be allowed to result in development with a density in excess of one unit per ten gross acres if consistent with the Metropolitan Council’s Flexible Residential Development Guidelines. 10. Urban services will not be provided to the Agricultural, Rural Residential, or Future Development Area land uses during this planning cycle. 11. Require preservation of natural slopes, wetlands, woodlands and other significant natural characteristics. 12. Require that lots contain adequate soil types and conditions as defined in the City's on-site septic system requirements. 13. Protect property within the Future Development Area designation from subdivision and development by requiring ghost plats for subdivisions so that future urban expansion is not compromised. 14. Reduce impervious surfaces where possible by applying low impact design standards and encourage innovative materials and plans that reduce runoff. 15. Encourage and incentivize landowners to participate in the protection and conservation of significant natural resources. K:\020569-000\Admin\Docs\2023-05-15 Submittal (Prelim Plat)\_2023-06-01 Preserve of Medina Development - WSB Engineering Comments.docx 70 1 X E N I A A V E N U E S | S U I T E 3 0 0 | M I N N E A P O L I S , M N | 55 4 1 6 | 76 3 . 5 4 1 . 4 8 0 0 | W S B E N G . C O M June 1, 2023 Mr. Dusty Finke City Planning Director City of Medina 2052 County Road 24 Medina, MN 55340-9790 Re: The Preserve of Medina Preliminary Plat – Engineering Plan Review City Project No. LF-23-348 WSB Project No. 020569-000 Dear Mr. Finke: We have reviewed the Preserve of Medina residential development concept site plan dated April 28, 2023. The applicant proposes to construct five new home sites on a 72 acre parcel on the easterly edge of Medina’s “rolling acres” area. The documents were reviewed for general conformance with the City of Medina’s general engineering and stormwater treatment standards. We offer the following comments regarding these matters. General 1. The City Planner will provide comments pertaining to the proposed landscaping, sidewalk/trail connectivity/easements, and tree preservation plan under separate cover. 2. Provide clear sheet numbers and titles to each sheet. 3. It is our understanding that the lots will be served by private wells and septic systems separately within each lot; A public sewer/system will not be installed. 4. The City will require a trail easement within the northerly property from Holy Name Lake Rd to the east side of the property up to the City of Plymouth border. See additional comments from the City staff review. 5. In order to calculate a letter of credit and construction engineering escrow amounts for the final development agreement, an engineer’s estimate (in Excel format) of the proposed street and stormwater improvements along with a schedule for completion of construction will be required. The estimate should also include the cost of landscaping items. 6. Identify structures and features to be removed with the proposed project on a separate sheet (existing site and demolition plan). Clarify whether existing buildings outside the proposed building setbacks are proposed to be removed with the plat/project. 7. Comments were also provided directly on the plan sheets. Not all comments were summarized within this review letter. The Preserve of Medina Development Preliminary Plat – WSB Engineering Plan Review June 1, 2023 Page 2 Site, Street, & Utility Plans 8. Parking lots, access drives, and utilities shall be designed in accordance with the applicable City Subdivision Ordinances and the City’s General Specifications and Standard Details Plates for Street and Utility Construction. 9. Design the shared access to a 30 MPH design speed. Provide clear dimensions on the proposed shared driveway on both the main access and turn-around. 10. Provide a turning movement exhibit to show that a fire truck (City ladder truck) can access all building structures as required by the City Fire Marshall. The Fire Marshall will review and provide comments under separate cover. 11. With future submittals, provide a full civil plan set that includes an existing/removals plan, utility plan (well and septic sites), site/paving plan, grading plan (street/pad areas), erosion/sediment control, SWPPP, and standard details plan. The applicant can decide whether some plan sheets can be combined, but information must be clear and legible. 12. Add general notes to the utility plans to the effect of: a. The City shall not be responsible for any additional costs incurred that are associated with variations in the utility as-built elevations. All utility connections shall be verified in the field. b. The City, or agents of the City, are not responsible for errors and omissions on the submitted plans. The Owner and Engineer of Record are fully responsible for changes or modifications required during construction to meet the City’s standards. Grading & Drainage 13. Locate existing draintile system within the property; this provides critical drainage from the north through the property. The existing draintile will need to be protected and/or improved so that it functions properly. Easement may also be required. A more detailed review will be provided once the information is supplied and/or shown on the plans. 14. Proposed building elevations were provided (garage floor elevation, basement floor elevation, lowest opening elevation, etc.) for proposed home lots but only grading/contours for some. Include proposed contouring information for all lots and confirm that walkouts are feasible in all cases. 15. Provide additional grading detail and proposed contours/shots on the proposed driveway along the south property line. Show that the grading of the new hard-cover will not be directed to the adjacent property to the south. 16. The culvert shown along the shared driveway at station 6+50 does not appear to be in the correct location on the profile and cover over pipe may not be adequate; review and correct. Stormwater Management 17. Existing tile onsite will need to be protected to maintain existing flow from adjacent properties. No structures or BMP should be installed over the tile. The Preserve of Medina Development Preliminary Plat – WSB Engineering Plan Review June 1, 2023 Page 3 18. The proposed project will disturb more than one acre. Develop and include a SWPPP consistent with the MPCA CSWGP with future plan submittals. 19. An NPDES/SDS Construction Storm Water General Permit (CSWGP) shall be provided with the grading permit or with the building permit application for review, prior to construction commencing. 20. Below are General Stormwater Requirements for the Site: a. Provide a Stormwater Management plan as outline in the design guide lines. Including modeling and stormwater calculations for the site. i. The site will be required to provide volume, rate, and water quality treatment as part of the development. b. The applicant will be required to provide volume control bmp’s. Volume control is required for proposed new impervious greater than 5,000 sf. i. The proposed development shall capture and retain onsite 1.1” of runoff from the net new impervious surface. ii. Infiltration and reuse will receive full credit towards the volume control requirement. 1. Refer to the Medina Stormwater Design Manual for additional stormwater bmp credits. 2. Currently filtration is being proposed onsite. Include drain tile for proposed filtration. a. C soils can be used for filtration, however there are concerns with maintenance and longevity of the bmp. Drain tile and clean outs should be added to ensure draw down requirements. 3. Soil borings need to show a 3’ separation from the bottom of the proposed BMP and the seasonally high ground water. a. If separation can not be completed look at use of a stormwater detention pond instead. c. For new development, the water quality control standard shall be considered satisfied if the volume control standard has been satisfied. If it is infeasible to meet the volume control standard due to contaminated soils, site constraints, or other factors, the proposed BMP will need to detain and treat a sufficient volume of stormwater to achieve a phosphorus load reduction of 20% from existing conditions using an approved BMP. d. Post development discharge rates must be less than or equal to existing conditions discharge rates for the 2-year (2.5-inch), 10-year (4.3-inch), and 100- year (7.3-inch) Atlas 14 MSE 3, 24- hour storm events. e. At least two feet of vertical separation is required from an area's emergency overflow elevation to the lowest opening of a structure. In areas where this separation is not or cannot be provided, additional analysis is required to show that the 100-year back-to back storm event does not affect adjacent homes. i. Two feet of freeboard is required from any stormwater bmp, wetland, or lake to the low opening of any adjacent structure. f. Plan sheet calls out storm water pond on lot 5, pond is shown as a filtration basin in narrative and modeling. g. HydroCAD modeling shows one filtration basin, plans indicate two. Please show each bmp and which drainage area it correlates to h. EOFs shall be sized with a minimum bottom width of five feet and 4:1 side slopes. The maximum flow depth in EOFs shall be less than or equal to one foot as calculated for a 100-year back-to-back storm event. The Preserve of Medina Development Preliminary Plat – WSB Engineering Plan Review June 1, 2023 Page 4 i. Provide storm sewer calculations with final plan to verify it meets city requirements and has capacity to handle the runoff. j. An operation and maintenance plan for all stormwater BMPs is required and should be submitted with the stormwater report for review. k. Obtain and follow all Watershed requirements and permitting. Traffic & Access 21. Show the location of the existing driveway/roadway locations along Holy Name Drive so that it is more apparent how the proposed driveways line up. 22. The applicant is proposing two driveway access points, one located near the southerly boundary of the property that is approximately 40 feet south of the existing Lakeview Road and the other further north entering Holy Name Drive approximately 100 feet north of Cheyenne Trail. Street access spacing, grades, and sight lines will be reviewed with future submittal but the applicant should consider aligning the southerly driveway more closely with Lakeview Road to minimize traffic movement conflicts and headlight disturbances to the westerly single family home. 23. The addition of the proposed traffic would not have an impact on roadway capacity or operations. Turn lanes will not be required, whether along Holy Name Drive or within the development at the intersections with Holy Name Drive. Wetlands & Environmental 24. Any permanent or temporary wetland impacts proposed as a result of the development must be permitted via the Wetland Conservation Act, if applicable. 25. If the southerly driveway is shifted to align with the existing Lakeview Road, impacts to Wetland 8 will occur that will require permitting and replacement. Impacts to this wetland may also affect the eligibility of the wetland for the proposed wetland bank. 26. The city requires wetland buffers around existing wetlands based on the wetland’s management classification. Required buffer widths are as follows: The current plan depicts 20-foot average buffers surrounding Wetlands 3 - 8 (25 feet surrounding Wetland 1). The city’s Functional Classification of wetlands map classifies Wetlands 1, 3, and 7 as Manage 2. The remaining wetlands are classified as Manage 3. a. Wetland 2 requires a 20-foot average buffer. No buffer is currently shown. The Preserve of Medina Development Preliminary Plat – WSB Engineering Plan Review June 1, 2023 Page 5 b. The portion of the buffer for Wetland 3 that falls outside of Outlot A must be expanded to meet average and minimum width requirements for Manage 2 wetlands. c. If the wetland bank/wetland restoration in Outlot A does not advance, buffers around all of Wetland 3 and Wetland 7 will need to be expanded to meet the average and minimum width requirements for Manage 2 wetlands. 27. Any portion of buffer outside of Outlot A must have markers demarcating the upper edge of the buffer, as outlined in Section 828.43 Subd 7 of the city’s zoning code. This applies to Wetland 1, Wetland 2, and a portion of Wetland 3. If the wetland bank/wetland restoration in Outlot A does not advance, all buffers within this area will need to be marked per those requirements. 28. When planning the location of homes, lots, and access points, note that a proposed wetland bank will require a permanent conservation easement and upland buffer areas. 29. A draft prospectus document should be submitted to the Local Government Unit (i.e. the City) to initiate the wetland banking review process. Complete. 30. Further evaluation of the proposed wetland bank associated with this preliminary plat will continue through the Wetland Prospectus and WCA Wetland Bank application processes. A more detailed review of the development plans will be completed when the applicant submits complete civil plans and a stormwater management report. Please have the applicant provide a written response addressing the comments above. Feel free to contact me at 612-419-1549 if you have any questions or comments regarding the engineering review. Sincerely, WSB James L. Stremel, P.E. City Engineer Pa g e 1 May 10, 2023 Honorable Mayor Martin City Councilmembers Planning Director Finke RE: THE PRESERVE OF MEDINA Preliminary Plat, Planned Unit Development and Rezoning I am pleased to present this application on behalf of H.L. Anderson, LLC (the “Owner”), and John Quinlivan owner of Gordon James home construction (the “Builder”). The application is for a Rural Residential Planned Unit Development, (the “PUD”), a five-lot subdivision on 72.79 acres of property generally located north of County Road 24 and east of Holy Name Drive (the “Property”); THE PRESERVE OF MEDINA (the “Preliminary Plat"). Property Information The Property consists of 4 separate tax parcels as follows: PID: 13-118-23-43-0016 (0.14 AC) PID: 13-118-23-44-0005 (31.49 AC) PID: 24-118-23-11-0004 (38.64 AC) PID: 24-118-23-12-0015 (2.52 AC) Gross Acres: 72.76 gross acres (torrens and abstract) Delineated Wetlands: 21.06 acres Upland: 51.70 acres Land Use Guiding: Rural Residential Zoning: Rural Residential Requested Zoning: PUD Lot Details *Applicant submitted the PUD Concept Plan application and City agreed that applicant met RR zoning showing 5 individual lots pursuant to Code. PUD General Plan/Preliminary Plat Lot 1: 25.70 acres Lot 2: 15.01 acres Lot 3: 6.45 acres Lot 4: 5.11 acres Lot 5: 3.57 acres Outlot A: 14.68 acres (wetland banking) Pa g e 2 Pa g e 3 Wetland Bank Outlot A is reserved for the creation of a high-quality wetland bank and its surrounding buffers. The final wetland and corresponding buffers will be placed into a conservation easement. Comprehensive Plan This Rural Residential development conforms to the City of Medina’s goals as a community. The applicant offers the following excerpts from the Comprehensive Plan and discussion as it relates to this development. Community Goals. The following Community Goals are derived from the Vision Statement and inform objectives and strategies throughout the various aspects of the Comprehensive Plan. • Preserve rural vistas, open spaces, and wetlands in all parts of the community to promote the rural character of Medina. Response: This development is 5 lots on 73 acres which is very low density (1: 14.6 ac), lower than what the overall goal is for Rural Residential. The Future Land Use Plan shows guiding as Rural Residential, which it will stay. The Staging and Growth Plan shows LTSSA (Long-Term Sewer Service Area) beyond the year 2035. Keeping this 73 acres in Rural Residential provides for a fantastic buffer from sewered development in Plymouth and the guided Medina land on the north on Medina Road. • Protect and enhance the environment and natural resources throughout the community. Response: The Comprehensive Plan and Parks, Trails, and Open Space Plan show no key natural features on the property. This has been historical farm land in Medina. Long ago, the property was draintiled to assist in crop growth and the wetlands of the past were drained. The owner’s current plans are to bring those wetlands on the south back and protect them in a conservation easement. Watershed/Wetland/Floodplain This property is in the Minnehaha Creek Watershed District. See memo dated January 19, 2022 from Kate Moran, Policy Planning Coordinator where she details that due to the low density on the property the Rules dictate that, “MCWD’s Stormwater Management Rule will not be triggered as a new residential development that will result in less than 20 percent impervious surface over the site.” Other review will be necessary for erosion control, wetland banking etc. There are eight field delineated wetlands on the property (see exhibit next page), seven of the wetlands are less than an acre in size. The largest wetland is on the north and is part of the 100- year floodplain. There is no 100-year established floodplain elevation for this property but with the Stantec hydrologic study that is currently occurring on the Property, one of the many results will be to establish this flood elevation. All homes will be placed well above the final flood elevation. The following diagram is from the approved wetland delineation for the property. Pa g e 4 The following is the City of Medina MnRAM Wetland Classifications map. Wetland 1 = Manage 2, Average Buffer Width 25’, Min 20’, Buffer Setback 15’ Wetland 2-8 = Manage 3, Average Buffer Width 20’, Min 15’, Buffer Setback 15’ Pa g e 5 It is important to note that the smaller wetlands on the property are likely de minimis for any wetland impact for construction. There will be a very large new wetland created in Outlot A which will nearly double the amount of wetlands on the property. See Stantec Memo attached. Septic Rusty Olson has performed field perc testing for each lot for both the primary and secondary septic sites and that information is attached. Lot’s 1 and 2 show the primary and secondary locations on the north side of the large wetland. Mr. Olson has provided a design for those systems and access to those locations will either occur over the wetland complex via portable roadway, or via easement from the north property (see attached). Also, as shown on the preliminary plat, the primary and secondary sites for septic slightly overlap each other and are across property lines. The applicant believes these are backup sites for septic for Lot’s 1 and 2 and therefore the likelihood of them being needed is slim. However, the applicant will address this with easements for each property. Shoreland Ordinance The southern portion of the Property lies within 1000 feet of the shoreland of Holy Name Lake. All lots should have no problem meeting all regulations of lot size in the ordinance. Stormwater/Grading/Erosion Control See memorandum from Mark Gronberg, PE. Access Access will be served off of Holy Name Drive. There will be two private driveways off of Holy Name, one on the south to serve Lot’s 3 and 4 and one on the north to serve Lot’s 1, 2 and 5. The driveway’s will be in a 50-foot Outlot on the plat and a 20-foot driveway paved surface. The lots will have a private driveway agreement that serves all five lots. PUD Flexibility The underlying zoning is Rural Residential. The proposed zoning is PUD which will generally follow the Rural Residential zoning district but the applicant is proposing some flexibility and additional considerations. While not exhaustive, the following list is for discussion purposes for the final PUD Agreement with the City: ▪ Reduced Depth and Width of Lots ▪ Reduced or averaged wetland buffers to primary and secondary structures as needed. ▪ Reduced animal out building setbacks (from 150’ to 100’) ▪ Second principal residential dwelling ▪ Accessory Dwelling Units (ADU’s) ▪ Hard cover not to exceed 40% as in RR (Shoreland is 25%) Pa g e 6 Homes Gordon James will be the builder of record for the development. All homes will be custom to the individual buyer and lot. Below are examples of beautiful new homes that were or will be built by the builder. The development will also be served by private covenants ensuring high quality design of home and lot. Pa g e 7 Thank you for your consideration in our submittal of the preliminary plat of THE PRESERVE OF MEDINA. If you have any questions, you may call Rose Lorsung (952) 457-7641, or email at Rose@RecreateLuxuryHomes.com. Sincerely, Rose A. Lorsung Owner, ReCreate Real Estate & Pulse Land Group Additional Attachments: 1. Preliminary Plat 2. Grading and Erosion Control Plans 3. Stormwater Plans & Calculations 4. Driveway Plans 5. Mark Gronberg Memo 6. Rusty Olson Septic Designs Lot’s 1 & 2 7. Minnehaha Creek Memo 8. Wetland Banking Memo Cc: Tim Boser, Gary Anderson, Greg Hoglund, Mark Gronberg, John Quinlivan Planning Department Update Page 1 of 2 July 18, 2023 City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: July 13, 2023 MEETING: July 18, 2023 City Council SUBJECT: Planning Department Updates Land Use Application Review A) Preserve of Medina (fka Blooming Meadows) – east of Holy Name Dr, north of CR24 – Tim Boser has requested PUD General Plan and Preliminary Plat approval for a 5-lot rural subdivision. The applicant proposes to restore a large area of wetlands and create a wetland bank in addition to the lots. The Planning Commission held a public hearing at the June 13 meeting and unanimously recommended approval. The Park Commission reviewed on June 21 and staff intends to present to City Council on July 18. B) 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. The Planning Commission reviewed at their June 13 meeting and unanimously recommended approval. The Council reviewed on July 5 and directed staff to prepare approval documents, after the applicant has provided updates to the plat. Staff will present the approval docs after the plat is updated. C) Cates Industrial Park – Comprehensive Plan Amendment– Oppidan has requested final plat approval for a 310,000 square foot warehouse/office development east of Willow Drive, north of Chippewa Road. Staff tentatively intends to present to City Council on August 2. D) 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 September Planning Commission meeting. E) 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. The Council granted site plan review approval on July 5. Staff will coordinate with the applicant on the conditions of approval, and the project will be closed. 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. The applicant has indicated that they now do not plan to start construction until the spring of 2024. 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 this summer. H) 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 MEMORANDUM Planning Department Update Page 2 of 2 July 18, 2023 City Council Meeting 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 may potentially begin construction during the fall of 2023. I) 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. J) 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. K) 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. L) Pioneer Trail Preserve – This project has been preliminarily approved and the City is awaiting final plat application. Other Projects A) Morningside/Maplewood Ravine stabilization and pond – Minnehaha Creek Watershed and the City of Medina have been allocated $244,000 for a project to include a ravine stabilization and pond south of Morningside Road, east of Maplewood Drive. Staff will hold a kick-off meeting on 7/14 to begin planning for design. TO: Honorable Mayor and City Council FROM: Jason Nelson, Director of Public Safety DATE: July 13, 2023 RE: Police Department Updates The Hamel Rodeo weekend has come and gone without any major issues. Staff advises that on Friday there was a small crowd that came to the Inn Kahoots on Friday night after the rodeo but on Saturday it was very busy. There were a few calls for service generated from the extra people in town but overall, it was a quiet weekend. The Hamel Parade was held on Sunday, and it was a beautiful day for it. I would like to thank my staff for organizing and pre-planning for the event. I was unable to be at the event due to a family commitment and Sergeant Boecker filled in and did a fantastic job. Our Reserves and other officers played a big role in keeping the parade route safe for all involved. I am extremely blessed to have such a great staff. The first two weeks of the West Suburban Fire Department have gone off without a hitch. They have been extremely busy as they play a large role in the Hamel Rodeo. Chief Leuer and I have spoken, and he advised there were no issues. This is a great collaboration for our community. I only expect great things in the future. Over the past several months, our department conducted a pilot project with a phone company called FirstNet. This company was created by the government after 911 to ensure that public safety has priority and preemption over cell networks. AT&T is the official private partner behind FirstNet. This allows public safety priority over cell networks in case of an emergency, meaning that if an emergency happens it will remove normal customers from the network and allow public safety to move to the top so there is no interruption in service. We have tested the system to ensure that there are no drops in coverage areas from our current vender and are satisfied that coverage is the same or better in some circumstances. All city phones, iPads, and hot spots will be moved to this account with some initial savings for the next two years. One other thing to note is that they have a team that handles the switch over so that we don’t have to utilize staff time as we must continually do with our current vendor. We are hoping to have this switched over by the end this month. Patrol: The following are updates of Patrol Officers between June 28, 2023, and July 11, 2023: Citations – 42 Warnings – 64 PD Accidents – 6 PI Accidents – 1 Medicals – 13 Falls/Lift Assists – 0 Suspicious Calls – 10 Traffic Complaints – 7 Other Agency Assists – 11 Business/Residential Alarms-12 Welfare Checks - 3 On 06/28/2023 officers were dispatched to a person sleeping in a vehicle in the parking lot of Intercomp, 3839 County Road 116. It was reported this person has been seen sleeping in the vehicle on other mornings as well. Officers contacted the subject who stated he recently started a job in the area and was just taking a nap. The subject was advised the business did not want him sleeping in his vehicle on their property. He advised he would move along. On 06/28/2023 a warrant was executed at a residence in the 4100 block of Apache Drive. A pickup truck was found on the property that had been reported stolen in 2020. The truck had been dismantled and the only thing left was the frame and cab of the truck. On 06/29/2023 at 1742 hours officers were dispatched to a personal injury accident around County Road 24 and Cottonwood Trail. Upon arrival officers found two vehicles heavily damaged and the road blocked with debris. A Ford Escape was westbound on County Road 24 when it crossed the centerline on a curve and struck a small box truck partially head-on. Driver of the Escape needed to be extricated by the fire department and was transported with serious injuries. A passenger in the box truck was also transported to the hospital. On 07/04/2023 officer was dispatched to customer trouble at Holiday, 200 Highway 55. Upon arrival an officer was flagged down in the parking lot. An employee at the liquor store was following her around the store when she went in. She questioned the employee about this, and the employee told her she was a suspect in a previous theft incident. Female said she does not steal and believes this was a case of mistaken identity. Female was told to contact the store manager to speak about how she was treated. On 07/04/2023 officer was dispatched to Holiday on a reported theft. Employee stated a male entered the liquor store, brought a 6 pack of beer, liter of vodka to the counter and asked for a pack of cigarettes. When the clerk put the cigarettes on the counter the male grabbed all items, said he was sorry, and ran out of the store with the items and ran across County Road 101. A gas no pay was also reported around the same time involving a U-Haul vehicle which was believed to be related. Investigation pending. On 07/05/2023 at 0138 hours officer was dispatched to a fire at The Park at Fields of Medina. Upon arrival officer found trash cans on fire. It was believed firework remnants were thrown in the trash and later started on fire. Two residents did come to the police department the following morning advising that they may be responsible for the damages. On 07/05/2023 officer was dispatched to a theft from auto that had just occurred at State Farm located at 752 Highway 55. Employee reported seeing someone going through employee vehicles and last seen leaving on foot. Officers located the individual who stated he was suicidal. He was transported to the hospital to be evaluated. Nothing was found to be missing from the vehicles. The subject will be charged with motor vehicle tampering. On 07/05/2023 officer was dispatched to a report of a male walking with a holstered pistol visible. Officer located and spoke with the male who had a permit to carry. No issues found. On 07/08/2023 officer working the Automotorplex overtime detail clocked a vehicle driving 90 mph on Highway 55. Driver said he was trying to catch up to a cool looking Corvette to look at it. He was cited for excessive speed. On 07/09/2023 at 0307 hours officer was called to an unwanted person in the 500 block of Hamel Road. Upon arrival officers found a very intoxicated male who had been at the Inn Kahoots event the prior evening and his friends had left without him. He had no way to get home. The male was transported to his residence where a friend signed a form taking responsibility for him. On 07/10/2023 at 0025 hours officer was dispatched to an unconscious male at Inn Kahoots Bar. Upon arrival officers found an unresponsive person. North paramedics arrived and evaluated the individual and believed there was no medical issue going on and that the person was simply too intoxicated. Staff at the bar advised they would bring the individual home and someone would stay with him overnight. On 07/11/2023 officer was dispatched to a traffic complaint eastbound on Highway 55 from Greenfield. The report was a vehicle all over the road. An officer located the vehicle and after observing traffic violations stopped the vehicle. The driver was administered field sobriety tests which included a PBT which showed a BAC of .16. The male was arrested for DWI and later refused to provide a breath sample for the breath test. He was transported to Hennepin County Jail. Investigations: Received several theft of services cases and sent them in for charging. Received an attempted robbery case. Received two hit and run cases. Criminal Sexual Conduct case was charged by the county attorney. Signed complaints for several cases including: disorderly conduct, theft of services and DWI. Received a possible stalking/suspicious activity case and conducted follow up. Sent out a crime alert for a theft suspect. Investigations currently has 11 open/active cases. 1 TO: Medina Mayor and Members of the City Council FROM: Steve Scherer, Public Works Director DATE: July 11, 2023 MEETING: July 18, 2023 SUBJECT: Public Works Update Streets • The Clydesdale Trail project is scheduled to resume on the 13th and the last of the milling and the paving should be complete by the end of this week. • I scheduled an open house at Orono City Hall for the Townline Road project on Thursday, July 20. I’ll give a short presentation to Medina, Orono, and Independence residents so they know what to expect during construction, and how their access might be restricted for a short time. I invited Orono and Independence Staff to participate and will answer questions after the presentation. • Seal coating was competed this week and our contractor will be back to sweep and apply a fog seal over the top. This process helps bond the last of the pea rock and gives the road a new appearance. Water/Sewer/Stormwater • The Public Works crew closed Tamarack Drive for two days to replace a culvert. The project caused minor inconveniences for a few residents, but accessibility was not a problem. • The water system is running properly with only a few minor issues that will be resolved once we receive delivery of an electronic component to repair well #5. Other • Ditch mowing is complete. • We received several noxious weed complaints in the last couple of weeks as thistles and other weeds are popping up on vacant lots and common areas of developments around town. As the amount of natural and stormwater areas increase within the City, so do tasks like weed inspection. Our process is to respond on a complaint-driven basis. • The brush/compost site is crammed full, so it is again time to chip brush and remove compost. Enclosed in your packet is a proposal for these services. • Telltale signs of emerald ash borer are turning up in Medina so Public Works will devise a plan to deal with the anticipated increase of brush expected in the months and years to come. MEMORANDUM 2 Parks/Trails • Included in your packet is a memo regarding pickleball. The memo includes a recommendation for a temporary reduction in court hours. • The porta-potty and garbage enclosure at the Park at Fields of Medina burned down on the 4th of July after fireworks were discarded in the garbage container. The responsible parties came forward and agree to pay for the damages. • Ten lights in the community center have been converted to LED; the city will receive a rebate from the power company for making this change. ORDER CHECKS JULY 5, 2023 – JULY 18, 2023 054541 ALL AMERICAN TITLE CO., INC ................................................. $74.78 054542 CHINTA, SHAILENDRA ............................................................. $975.00 054543 HENNEPIN COUNTY TREASURER ............................................ $25.00 054544 METROPOLITAN COUNCIL ................................................. $19,681.20 054545 PULTE GROUP .................................................................. $270,000.00 054546 SEREMET, GREGORY/KRISTEN ............................................... $25.14 054547 SUSTAINABLE NINE ............................................................ $10,000.00 054548 ADAMS PEST CONTROL INC .................................................. $146.71 054549 BEAUDRY OIL & PROPANE .................................................. $1,983.58 054550 BLUE CROSS BLUE SHIELD OF MN ................................... $41,281.58 054551 BOYER FORD TRUCKS INC ..................................................... $630.80 054552 CONTEMPORARY IMAGES ........................................................ $76.18 054553 CORE & MAIN LP ................................................................... $3,382.70 054554 DESIGNING NATURE, INC. ...................................................... $682.00 054555 DITTER COOLING & HEATING................................................. $294.70 054556 ECM PUBLISHERS INC .............................................................. $41.13 054557 ELM CREEK WATERSHED .................................................... $8,428.75 054558 ENGEL WATER TESTING INC.................................................. $540.00 054559 GMH ASPHALT CORP ....................................................... $106,777.05 054560 GOPHER STATE ONE CALL .................................................... $382.05 054561 HAMEL LUMBER INC ................................................................ $240.00 054562 HAMEL LIONS CLUB ............................................................. $2,625.00 054563 HAWKINS INC. ....................................................................... $4,673.62 054564 HENN COUNTY INFO TECH .................................................. $2,407.07 054565 HENNEPIN COUNTY TREASURER ............................................ $35.00 054566 JIMMY'S JOHNNYS INC ............................................................ $845.00 054567 KD & COMPANY RECYCLING INC ............................................. $42.00 054568 KENNEDY & GRAVEN CHARTERED .................................... $9,332.90 054569 LANGUAGE LINE SERVICES ..................................................... $66.01 054570 LANO EQUIPMENT INC ............................................................ $450.00 054571 LAW ENFORCEMENT LABOR .................................................. $472.50 054572 LEXISNEXIS RISK DATA MGMT INC .......................................... $51.50 054573 CITY OF LONG LAKE ............................................................. $8,443.75 054574 CITY OF MAPLE PLAIN ......................................................... $6,648.10 054575 MARTIN MARIETTA MATERIALS INC ................................... $1,731.25 054576 MATHESON TRI-GAS INC .......................................................... $53.18 054577 MEDTOX LABS ........................................................................... $54.57 054578 METROPOLITAN COUNCIL ................................................. $36,562.86 054579 METRO ELEVATOR INC ........................................................... $200.00 054580 NORTHWEST FAMILY PHYSICIANS .......................................... $67.00 054581 NUTRIEN AG SOLUTIONS, INC ............................................... $198.10 054582 ODP BUSINESS SOLUTION LLC .............................................. $159.65 054583 OMANN BROTHERS PAVING INC ........................................ $1,354.50 054584 CITY OF ORONO ................................................................. $12,839.31 054585 PEMBER COMPANIES INC ............................................... $115,622.93 054586 PREMIUM WATERS INC ............................................................. $49.49 054587 SAFETY SIGNS LLC ................................................................. $490.00 054588 SIEMENS INDUSTRY INC...................................................... $3,165.00 054589 SOLUTION BUILDERS INC .................................................... $5,279.40 054590 ST. PAUL, CITY OF ................................................................ $1,069.08 054591 STREICHER'S ........................................................................... $419.99 054592 SUMMIT COMPANIES .............................................................. $944.00 054593 TALLEN & BAERTSCHI .......................................................... $2,327.10 054594 TIMESAVER OFFSITE .............................................................. $438.75 054595 TWIN CITY OUTDOOR SERVICES INC ............................... $13,507.69 054596 ULINE ..................................................................................... $4,877.31 054597 VIKING INDUSTRIAL CENTER ................................................. $207.88 054598 WESTERN ELECTRIC ........................................................... $2,569.00 Total Checks $705,948.84 ELECTRONIC PAYMENTS JULY 5, 2023 – JULY 18, 2023 006907E PR PERA .............................................................................. $20,369.04 006908E PR FED/FICA ....................................................................... $20,293.33 006909E PR MN Deferred Comp ........................................................... $3,917.47 006910E PR STATE OF MINNESOTA .................................................. $4,477.29 006911E CITY OF MEDINA ........................................................................ $25.00 006912E FURTHER ............................................................................ $36,577.39 006913E FURTHER ................................................................................. $141.82 006914E CENTURYLINK.......................................................................... $269.07 006915E CIPHER LABORATORIES INC. .............................................. $2,722.55 006916E CULLIGAN-METRO ..................................................................... $38.70 006917E FP MAILING SOL POSTAGE BY PHON ................................. $1,000.00 006918E FURTHER .............................................................................. $1,200.80 006919E MEDIACOM OF MN LLC ........................................................ $1,085.95 006920E PAYMENT SERVICE NETWORK INC .................................... $1,698.17 006921E XCEL ENERGY ...................................................................... $7,710.45 Total Electronic Checks $101,527.03 PAYROLL DIRECT DEPOSIT JULY 5, 2023 0512833 WIESE, TANNER L .................................................................... $767.84 0512834 ALBERS, TODD M. .................................................................... $230.87 0512835 ALTENDORF, JENNIFER L. ................................................... $1,171.01 0512836 BARNHART, ERIN A. ............................................................. $2,882.60 0512837 BOECKER, KEVIN D. ............................................................. $3,691.93 0512838 CAVANAUGH, JOSEPH ............................................................ $230.87 0512839 CONVERSE, KEITH A. ........................................................... $2,691.81 0512840 DEMARS, LISA ....................................................................... $1,614.86 0512841 DESLAURIERS, DEAN .............................................................. $230.87 0512842 DION, DEBRA A. .................................................................... $2,198.98 0512843 ENDE, JOSEPH...................................................................... $2,379.44 0512844 FINKE, DUSTIN D. ................................................................. $3,122.31 0512845 GLEASON, JOHN M. .............................................................. $2,030.00 0512846 GREGORY, THOMAS ............................................................ $2,096.93 0512847 GROTH, BRENNA L .................................................................. $826.05 0512848 HALL, DAVID M. ..................................................................... $2,313.60 0512849 HANSON, JUSTIN .................................................................. $2,593.17 0512850 JOHNSON, SCOTT T. ............................................................ $2,784.01 0512851 KLAERS, ANNE M. ................................................................. $1,812.07 0512852 LEUER, GREGORY J. ............................................................ $1,937.82 0512853 MARTIN, KATHLEEN M ............................................................ $327.07 0512854 MCGILL, CHRISTOPHER R. .................................................. $1,968.50 0512855 MCKINLEY, JOSHUA D .......................................................... $2,458.88 0512856 MYHRE, JORDAN J ............................................................... $2,469.63 0512857 NELSON, JASON ................................................................... $3,044.15 0512858 RATKE, TREVOR J ................................................................ $2,166.23 0512859 REID, ROBIN ............................................................................. $230.87 0512860 REINKING, DEREK M ............................................................ $2,199.08 0512861 RUCKE, MARIA ...................................................................... $1,866.70 0512862 SCHEIBE, CONNIE L ............................................................. $1,599.50 0512863 SCHERER, STEVEN T. .......................................................... $2,730.26 0512864 VINCK, JOHN J ...................................................................... $2,306.25 0512865 VOGEL, NICHOLE .................................................................. $1,077.11 0512866 WALKER, CAITLYN M. ........................................................... $2,056.30 0512867 BURSCH, JEFFREY ............................................................... $1,506.35 Total Payroll Direct Deposit $65,613.92