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HomeMy Public PortalAbout08.02.2023 City Council Meeting Packet Posted 7/28/2023 Page 1 of 2 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Wednesday, August 2, 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 18, 2023, Work Session Meeting B. Minutes of the July 18, 2023, Regular City Council Meeting V. CONSENT AGENDA A. Approve 2024 Rates with Kennedy & Graven B. Adopt Ordinance Prohibiting Cannabis and Hemp Use in Public Places C. Adopt Resolution to Publish Ordinance Prohibiting Cannabis and Hemp Use in Public Places by Title and Summary D. Adopt Ordinance Amending the Salaries of the Mayor and Members of the City Council E. Adopt Resolution to Publish Ordinance Amending the Salaries of the Mayor and Members of the City Council by Title and Summary F. Adopt Ordinance Amending the 2023 Fee Schedule G. Adopt Resolution to Publish Ordinance Amending the 2023 Fee Schedule by Title and Summary H. Adopt Resolution Granting Extension of Time to Effectuate BAPS Minneapolis Medina LLC Site Plan Review Approval I. Adopt Resolution Granting Extension of Time to Request Final Plat Approval for Pioneer Trail Preserve J. Approve Brush Grinding and Removal Service Agreement K. Adopt Ordinance Establishing a Planned Unit Development District for “Preserve of Medina” and Amending the Official Zoning Map L. Adopt Resolution Authorizing Publication of Ordnance Establishing a Planned Unit Development District for “Preserve of Medina” by Title and Summary M. Resolution Granting Preliminary Plat and PUD General Plan Approval for Preserve of Medina N. Authorize WSB to Complete the Preliminary Analysis/Feasibility Report for the Morningside Ravine Stabilization and Pond O. Approve Hackamore Road Project Change Order No. 1 VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. OLD BUSINESS A. Hamel Townhomes 1. Resolution Granting Extension of Time to Record Hamel Townhomes Final Plat VIII. NEW BUSINESS A. Cates Industrial Park – Easement Vacation – Public Hearing B. Nuisance Abatement 1285 Willow Drive 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 minutes (period may be reduced by Council) Posted 7/28/2023 Page 2 of 2 Page 2 of 2 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 MEMORANDUM TO: Medina Mayor and City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: July 27, 2023 DATE OF MEETING: August 2, 2023 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve 2024 Rates with Kennedy & Graven – Attached is the 2024 rate letter for legal services from Kennedy & Graven. They are recommending increasing the rate for non- reimbursable work outside the retainer by $5.00 per hour and the reimbursable rate by $10.00 per hour. Staff recommends approval. See attached letter. B. Approve Ordinance Prohibiting Cannabis and Hemp Use in Public Places – Beginning August 1, 2023, it is legal for a person 21 years or older to possess, use, and grow cannabis in Minnesota. The law is silent on whether cannabis can be smoked in public places other than public places governed by the Minnesota Clean Indoor Air Act. The proposed ordinance prohibits the use of cannabis and hemp in public places. Staff recommends approval. See attached ordinance. C. Adopt Resolution to Publish Ordinance Prohibiting Cannabis and Hemp Use in Public Places by Title and Summary – Attached is a resolution for summary publication of the ordinance. Staff recommends approval. See attached resolution. D. Approve Ordinance Amending the Salaries of the Mayor and Members of the City Council – At the May 16, 2023, Work Session Meeting, the City Council moved to direct staff to bring forward an ordinance amending Section 200.19 of the City Code to change the salaries of Mayor from $4,250 to $6,000 and Council Members from $3,000 to $4,000 on January 1, 2025. The salaries have not been updated since 2007 and the new salary amounts will help cover expenses that council members incur and could potentially attract more people to run for office in the future. See attached ordinance. 2 E. Adopt Resolution to Publish Ordinance Amending the Salaries of the Mayor and Members of the City Council by Title and Summary – Attached is a resolution for summary publication of the ordinance. Staff recommends approval. See attached resolution. F. Approve Ordinance Amending the 2023 Fee Schedule – The changes to the fee schedule include increased rental fees for the Hamel Community Building due to increases in operating costs approved at the May 16 meeting and updates to the Field and Court Reservation fees. See attached ordinance. G. Adopt Resolution to Publish Ordinance Amending the 2023 Fee Schedule by Title and Summary – Attached is a resolution for summary publication of the ordinance. Staff recommends approval. See attached resolution. H. Adopt Resolution Granting Extension of Time to Effectuate BAPS Minneapolis Medina LLC Site Plan Review Approval – The applicant has requested an extension of time to effectuate the site plan review until June 5, 2024, to apply for a building permit for the project. Staff recommends approval. See attached resolution. I. Adopt Resolution Granting Extension of Time to Request Final Plat Approval for Pioneer Trail Preserve – The applicants have requested an extension of time to request final plat approval until September 7, 2024. Staff recommends approval. See attached resolution. J. Approve Brush Grinding and Removal Service Agreement with Minnesota Topsoil – After soliciting multiple sources, Public Works Director Scherer received two quotes for brush grinding and removal services. Scherer estimates the total cost will be approximately $29,600 to $35,000. Staff recommends approval of the Brush Grinding and Removal Service Agreement with Minnesota Topsoil. See attached memo and agreement. K. Adopt Ordinance Establishing a Planned Unit Development District for “Preserve of Medina” and Amending the Official Zoning Map – The City Council reviewed the Preserve of Medina PUD and Preliminary Plat at the July 18 meeting. Following review, Council directed staff to prepare documents for approval. One of the matters discussed 3 was to note in the resolution that small adjustments could be made in the lot layout at the time of final plat. The Council discussed a specific limitation on the area for what lots could be adjusted. Staff has recommended a condition that is less specific, but which still provides the City Council with the discretion to determine if the adjustment is acceptable. Because of varying size of the lots, a small adjustment on a property line location may result in a larger change in area, while still having a negligible impact on how things lay out on the site. See attached ordinance. L. Adopt Resolution Authorizing Publication of Ordnance Establishing a Planned Unit Development District for “Preserve of Medina” by Title and Summary – Attached is a resolution for summary publication of the ordinance. Staff recommends approval. See attached resolution. M. Adopt Resolution Granting Preliminary Plat and PUD General Plan Approval for Preserve of Medina – The resolution granting preliminary plat is consistent with the City Council direction from the July 18, 2023, Council Meeting. Staff recommends approval. See attached resolution. N. Authorize WSB to Complete the Preliminary Analysis/Feasibility Report for the Morningside Ravine Stabilization and Pond – Staff identified a potential project to stabilize an eroding ravine and install a stormwater pond in the location where most of the stormwater from the Morningside neighborhood drains. WSB has provided a scope and cost estimate of $8,010 for the modeling and preliminary analysis/feasibility report for this possible project. Staff recommends approval. See attached memo. O. Approve Hackamore Road Project Change Order No. 1 – The Hackamore Road Improvement Project was officially awarded to Valley Paving, Inc. at the June 6th Council Meeting. There are two main items that warrant a contract change order that include additional street work and a more formal agreement to utilize a staging area adjacent to the project. Both items are related to the recent negotiations and agreements with the Lakeview Development Company, LLC. The additional construction cost to complete concrete curb and ancillary work is estimated to be $28,804.00. The cities have agreed to this additional work within the Joint Powers Agreement. Staff recommends approval. See attached memo and change order. 4 VII. OLD BUSINESS A. Hamel Townhomes – The applicant has requested an extension of time to record the Hamel Townhomes plat until February 8, 2024. Staff has reviewed the information and thinks it is reasonable if the City Council would like to approve the request. Potential Motion: Move to adopt resolution granting extension of time to record Hamel Townhomes Final Plat, Amending Resolution 2022-64. VIII. NEW BUSINESS A. Cates Industrial Park – Easement Vacation – Public Hearing – On May 16, 2023, the City Council adopted Resolution 2023-64, granting preliminary plat approval for the Cates Industrial Park. The applicant has requested final plat approval, which is under review by the City. The subject property had been previously platted, and drainage and utility easements were dedicated to the public in various locations. Upon subdivision and development of the property contemplated in the plans, some of these easements would be in locations which are no longer necessary to serve the public interest and may interfere with the proposed improvements. Resolution 2023-64 explicitly required dedication of drainage and utility easements in the locations necessary for the new site layout. In connection with the final plat application, the applicant has requested that all existing drainage and utility easements on the property, and to replace them with “new” easements on the new plat. Potential Action: Staff recommends that the City Council hold a public hearing on the vacation of the easements which were dedicated on the property when it was previously platted. Staff recommends that the vacation be conditioned upon recording the Cates Ranch 3rd Addition plat, which would dedicate new easements in locations which are in the public interest. Staff recommends that the City Council take no action on the resolution, but rather announce that it will be considered in conjunction with review of the final plat. B. Nuisance Abatement 1285 Willow Drive – The City has received complaints about tall grass and weeds at a property located at 1285 Willow Drive that constitute a public nuisance. The City has provided notification to the owner of the nuisance and the grass and weeds continue remaining taller than eight inches in height. The City’s nuisance ordinance (section 330) provides that the City may abate a nuisance if a property owner does not do so within the time specified by the City Council. In this case, the City would be able to hire our lawn mowing contractor to complete the work. The property owner 5 would be invoiced for the costs involved with such abatement. The City’s fee schedule establishes a fee of $150/hour for this work. Potential Motion: Staff recommends that the City Council provide an opportunity for the property owner to be heard as described in the nuisance ordinance. After this opportunity has been provided, the following action could be made: Move to determine that the current condition of grass and weeds in excess of eight inches in height at 1285 Willow Drive constitutes a nuisance pursuant to City Code section 330, and that if the nuisance is not abated by August 6, 2023, City staff or contractors shall abate the nuisance and invoice the costs to the owner of the property. XI. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 006922E-006939E for $66,945.71, order check numbers 054599-054648 for $472,226.61, payroll EFT 0512868-0512897 for $66,469.50. 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 Work Session Minutes July 18, 2023 DRAFT 1 MEDINA CITY COUNCIL WORK SESSION MEETING MINUTES OF 2 JULY 18, 2023 3 4 The City Council of Medina, Minnesota met in work session on July 18, 2023, at 6:00 p.m. at the 5 Medina City Hall, 2052 County Road 24, Medina, MN. 6 7 I. Call to Order 8 9 Members present: Martin, Albers, Cavanaugh, DesLauriers 10 Members absent: Reid 11 Also present: City Administrator Scott Johnson, City Clerk/Assistant to the City 12 Administrator Caitlyn Walker, Public Works Director Steve Scherer, Finance Director Erin 13 Barnhart, Public Safety Director Jason Nelson, Planning Director Dusty Finke, 14 15 II. 2024 Budget and CIP Discussion 16 Finance Director Erin Barnhart provided the City Council with an updated draft budget for 2024. 17 The budget discussion areas included utility rate increases, the capital improvement plan (CIP) 18 and updates to the general fund budget. Barnhart explained the proposed utility rate increases of 19 1% for water, 1% for sewer, and 3% for storm water. Barnhart explained that the water utility 20 fund reserves will go towards funding the proposed Medina Morningside watermain replacement 21 project. Barnhart and the City Council also discussed seeking additional grants and state and 22 federal funding options for utility projects. Council requested raising water rates 3% to cover 23 costs for water main breaks. 24 25 For the general fund, Barnhart provided an update on the Fire costs. The City has received 26 estimated costs from Long Lake Fire and is waiting on estimated costs from the West Suburban 27 Fire District. Barnhart also provided an update on the reserve fund. She commented that the 28 balance at the end of 2022 was $980,994 above the goal for the fund and that the additional 29 balance is assigned to items such as post-retirement benefits, termination liability, affordable 30 housing, and litigation. There are currently no recommended reserve transfers. 31 32 Public Safety Director Nelson provided an update on the Police Department’s CIP items. The 33 department is budgeting in 2024 for the purchase of squad cars, new less than lethal weapons, 34 and flock cameras which helps track stolen vehicles as part of a network with neighboring cities. 35 These items will be paid for though the capital equipment fund, drug task force forfeiture funds, 36 and one time state monies. Public Works Director Scherer provided an overview of the 37 upcoming road projects in 2024 that are on the CIP. He also explained the equipment that needs 38 to be purchased such as trail snow removal equipment, a pickup with plow, a single axel truck, 39 and modifying the water truck. 40 41 Overall, the City Council was in support of proposed 2024 Budget and the draft CIP. Barnhart 42 explained the CIP will be discussed again at a future meeting. 43 44 45 46 Medina City Council Work Session Minutes July 18, 2023 III. Adjourn 1 Albers made a motion to adjourn the meeting at 7:00 p.m. on July 18, 2023. Cavanaugh 2 seconded the motion. The motion passed unanimously. 3 4 5 _________________________ 6 Kathleen Martin, Mayor 7 Attest: 8 9 10 ____________________________ 11 Caitlyn Walker, City Clerk 12 13 Medina City Council Meeting Minutes July 18, 2023 1 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF JULY 18, 2023 3 4 The City Council of Medina, Minnesota met in regular session on July 18, 2023 at 7:00 5 p.m. in the City Hall Chambers. Mayor Martin presided. 6 7 I. ROLL CALL 8 9 Members present: Albers, Cavanaugh, DesLauriers, and Martin. 10 11 Members absent: Reid. 12 13 Also present: City Administrator Scott Johnson, City Clerk Caitlyn Walker, Attorney 14 Dave Anderson, Finance Director Erin Barnhart, City Engineer Jim Stremel, City 15 Planning Director Dusty Finke, Public Works Director Steve Scherer, and Chief of Police 16 Jason Nelson. 17 18 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 19 20 III. ADDITIONS TO THE AGENDA (7:01 p.m.) 21 The agenda was approved as presented. 22 23 IV. APPROVAL OF MINUTES (7:02 p.m.) 24 25 A. Approval of the July 5, 2023 Regular City Council Meeting Minutes 26 Moved by Albers, seconded by DesLauriers, to approve the July 5, 2023 regular City 27 Council meeting minutes as presented. Motion passed unanimously. 28 29 V. CONSENT AGENDA (7:02 p.m.) 30 31 A. Approve 2024 Residential Assessing Contract with Southwest Assessing 32 Services 33 B. Approve 2024 WSB Rates 34 C. Approve Compost Removal Service Agreement with Minnesota Topsoil 35 Moved by Cavanaugh, seconded by DesLauriers, to approve the consent agenda. 36 Motion passed unanimously. 37 38 VI. COMMENTS (7:03 p.m.) 39 40 A. Comments from Citizens on Items not on the Agenda 41 There were no comments. 42 43 B. Park Commission 44 Park Commissioner Will Gunter stated that the Park Commission met in regular session 45 on June 21st to discuss pickleball noise comments where one person spoke in opposition 46 and many others spoke in support. He stated that the Commission ultimately agreed to 47 take the comments under advisement and that more time is needed to consider court 48 times, noise mitigation, and other elements. He stated that they also heard from the 49 applicants for the Preserve of Medina PUD and unanimously supported the trail 50 easement and cash in lieu for the additional park dedication. He reported that the 51 Medina City Council Meeting Minutes July 18, 2023 2 Commission has been working on plans for Lakeshore Park and recommended to 1 approve the concept plan. He stated that the Commission also reviewed the Great River 2 Greening Grant opportunity related to the Woods of Medina and Medina Park Reserve. 3 He stated that the Commission also discussed the CIP, park fund balances, and asset 4 inventory, reviewing those recommendations. 5 6 Martin asked and received confirmation that the Commission is still processing the input 7 received related to the pickleball courts and will be coming back with a recommendation 8 for the Council to consider. She noted that she, staff, and other members of the Council 9 have visited with residents living near the courts and invited members of the Park 10 Commission to do the same as she found that experience to be educational. 11 12 C. Planning Commission 13 Finke reported that the Planning Commission did not hold a regular July meeting. 14 15 Albers asked if it is anticipated to hold an August meeting. 16 17 Finke replied that the Commission will meet in August. 18 19 VII. NEW BUSINESS 20 21 A. Pickleball Court Discussion (7:09 p.m.) 22 Johnson stated that at the July 5 City Council meeting, staff was directed to research 23 options for potential limited times. 24 25 Scherer stated that his specific direction was to provide a recommendation for reduced 26 court hours while the Park Commission considers further sound mitigation options. He 27 stated that the recommendation of staff would be to temporarily change the hours to 8 28 a.m. to 8 p.m. He stated that some members of the Commission have visited the courts 29 and have been more involved in this topic as the group continues to discuss pickleball. 30 He stated the Park Commission will discuss screening and other potential measures of 31 mitigation for the courts at their meeting tomorrow night. 32 33 Albers agreed that the action item was to receive temporary hours until they could 34 develop some mitigating strategies for sound and potentially visually for the residents 35 living nearby. 36 37 Martin stated that she will allow members of the public to speak on this topic related to 38 the temporary hour proposal. She stated that other mitigating strategies will be analyzed 39 by the Park Commission and that body will make a recommendation for the Council to 40 consider. 41 42 Kathy Carr, 3201 Butternut Drive, commented that her family chose to live by a park and 43 accepted the activity that came along with that choice. She stated that their lives 44 changed in May of 2023 when people started playing pickleball nonstop. She stated that 45 when the Park Commission chose to add pickleball to the plans for the park in 2020, it 46 was already a highly divisive sport. She commented that pickleball is widely known as a 47 noisy game and experts recommend that courts not be placed closer than 500 to 600 48 feet from residential homes. She stated that if a closer distance is chosen, a sound 49 engineer should be used to mitigate the noise from the sport. She noted that lawsuits 50 have and continued to be filed over the issues being discussed related to pickleball. She 51 Medina City Council Meeting Minutes July 18, 2023 3 provided examples of sounds that would compare to the noise from pickleball noting that 1 her home is 100 feet from the courts. She noted that her family has had to stay in their 2 home because of the noise from the activity of pickleball and those playing the sport. 3 She commented that people are arriving at 6:30 a.m. to begin playing. She noted that 4 the signs state that the courts are only to be used by Medina residents and their guests 5 and did not believe that all players fall into those categories. 6 7 Martin acknowledged that the resident has researched this topic well but noted that 8 speakers are asked to limit their comments to two minutes. She asked that the Council 9 be provided a copy of the resident’s written materials and limit the remainder of her 10 comments towards the suggestion for reduced hours. 11 12 Carr estimated 99 ball hits per game, which over the 12-hour period proposed would 13 subject residents to 4,752 ball hits per court. She stated that the public nuisance 14 ordinance would not allow a dog to bark at that rate. She stated that repeated requests 15 of residents to have noise studies have not been answered. She asked that the courts 16 be immediately relocated to another court that would simply require restriping, is 450 17 feet from the closest home, and already has two buffering rows of trees. She stated that 18 most residents chose to live in Medina to enjoy the rural character and the City has 19 made a commitment to preserve that character. She stated that the Council has the 20 opportunity to change course and resolve this issue. She stated that while pickleball is a 21 great addition to Medina, it should be located in another park. 22 23 Brian Kirkendall asked what the plan is. He stated that in reviewing the records, the plan 24 that was presented to the public three years ago is very different than what occurred. 25 He stated that the plan was to remove the tennis court, basketball court and baseball 26 field. He commented that the City spent money to move the baseball field when the 27 Hamel Athletic Club had committed to do that. He was unsure why the City spent the 28 money when HAC had committed to that. He noted that everyone agreed to remove the 29 court and was unsure why funds were spent to line that court for pickleball. He asked 30 who is making the decision as it is certainly not the public. He stated that the concept 31 was to have new tennis courts with pickleball courts but that also was not how it turned 32 out. He stated that he reviewed the City Code which would provide specific guidance on 33 the hours. He noted that while 8 a.m. to 8 p.m. is fine in July, that would not work in the 34 other seasons. He noted that those limited hours are still the entire day. He commented 35 that people begin to play at 5:45 a.m. He stated that external speakers and radios 36 should not be allowed, and pets should not be allowed on the courts or tied to the courts. 37 He stated that people are tying dogs to the courts and the dogs bark consistently during 38 play while the ball goes back and forth. He proposed that additional signage should be 39 installed listing the actions that are prohibited. He commented that people are yelling at 40 each other and pushing each other, and this will continue to occur and potentially get 41 worse. 42 43 Martin confirmed that the resident would like to see more rules listed in ordinance posted 44 more clearly in the park. 45 46 Christine Kirkendall, 3185 Butternut Drive, commented that she spoke at the July 5th 47 meeting about her personal situation and how the pickleball courts have impacted her. 48 She commented that the first speaker covered a lot of the issues the community is 49 facing. She invited everyone in the room to come to her home and stand on her deck to 50 hear the sound that carries from the pickleball courts and parking lots. She stated that a 51 Medina City Council Meeting Minutes July 18, 2023 4 few weeks ago she was home alone with COVID, waiting for two players to finish their 1 game on the courts so that she could go outside and enjoy her deck. She stated that the 2 two men proceeded to talk loudly in the parking lot about a woman they both had an 3 affair with. She commented that the language was disgusting, and she could not 4 imagine anyone being subjected to that conversation. She stated that she never 5 intended to leave Medina, but they are moving because of this issue and is aware of the 6 declining property value that they will face. She commented on an incident the previous 7 day where she wanted to go to sleep but could not because there were six teenagers on 8 the court playing loud music. She commented that she called the police as the Council 9 had previously directed but the policeman did not say anything to the teens as he said 10 he could not hear the music from the parking lot. She stated that she calmly went to the 11 court and asked the teens to turn the music off and the teens yelled at her and screamed 12 profanities at her. She stated that she went to talk to the policeman to tell them about 13 the incident. She noted that the teens proceeded to say that they were going to make 14 her life a living hell and proceeded to play for four more hours with their music blasting 15 and yelling profanities. She asked that the hours for the courts be changed from 9 a.m. 16 to 7 p.m. with one day off per week. She pleaded with the Council noting that sound 17 mitigation measures have to be put in place. She asked for trees and greenscreen on 18 both sides of the road. 19 20 Rohit Agarwala, 3241 Butternut Drive, commented that they are already looking forward 21 to winter at his house because the courts will be closed. He stated that if the Council 22 chooses a reduced hours solution, he asked that the Council look at the hours that he 23 has suggested. He stated that the majority of cities have implemented a 40-hour play 24 week with either longer hours and more days off or shorter hours and less days off. He 25 stated that the proposal of 8 a.m. to 8 p.m. is insulting as it shows that staff is not taking 26 this problem seriously. He stated that kids sleep more than adults and therefore may not 27 experience any quiet time during the day. He stated that as days grow shorter the entire 28 daylight time will be filled with noise. He stated that for cities that use 12-hour play days 29 they require courts to be 600 feet from the lot line, noting that they are not measuring 30 from homes but from property lines. He stated that cities are choosing the wellbeing of 31 homeowners and reduced hours would allow outdoor family time for children to play and 32 for those around the park to enjoy their yards. He asked how the 12-hour time was 33 developed and whether they considered the neighbors in the area. He asked the 34 Council to reject the hours proposed and consider the neighbors and their best interest 35 when considering this short-term solution as well as a long-term solution. He 36 commented that the neighbors have lived with this issue for two months already and 37 need some relief. 38 39 Neil Wolf, 3390 Elm Creek Drive, commented that he does not hear any of the noise 40 mentioned. He stated that he has not heard the fighting in the parking lot, or the dogs 41 and he works from home. He stated that he has lived in his home for 35 years and was 42 there when the park was initially created. He stated that the city has grown since that 43 time and more facilities are needed for the residents. He appreciated the comments 44 made tonight but these improvements were needed to serve all the residents of the 45 community, not just the needs of those on Butternut. He stated that he interviewed over 46 40 people in his area and received no complaints about the park and the activities of the 47 last six months. He was puzzled by the comments of the previous speakers and likened 48 it to fake news as he lives just as close to the park as the others that spoke tonight. He 49 commented that he does believe that some changes are necessary to allow the others 50 that have spoken to enjoy their decks. He suggested the hours proposed of 8 a.m. to 8 51 Medina City Council Meeting Minutes July 18, 2023 5 p.m. and noted that if people on Butternut do not like it, they could plant trees. He stated 1 that he did not particularly like it when the homes on Butternut were built and the 2 construction noise that occurred nor the traffic that was added but also understands that 3 is part of progress. He believed that the comments received were just a response to 4 change. He stated that public works staff did an exceptionally good job in designing this, 5 noting that there were changes in the plan, but the City received tremendous cost 6 savings as well. He stated that he interviewed ten people last night and did not receive 7 one complaint. He found it difficult to respond to the previous speakers as he has not 8 experienced that. He stated that he does see kids and their parents playing pickleball 9 and leaving with smiles on their faces. He commented that the needs of the many 10 outweigh the needs of the few. He stated that if the neighbors do not like the noise, 11 there are improvements they can make on their own property. He stated that buffers are 12 needed along Hunter from his property, all the way down, estimating six to 12 trees. He 13 asked that the City implement the hours of 8 a.m. to 8 p.m. noting that the gates would 14 most likely have to be locked as people have been playing at 10 p.m. He stated that the 15 parking lot should also be striped as people are parking all over. He also suggested that 16 the police make frequent stops to interact with the public and check on the courts. He 17 noted that a drinking fountain would be nice because of the activity and hot weather. He 18 commented that the signage could be improved stating the regulations clearly for users. 19 He commented that the City is not responsible to fix everything and if people on 20 Butternut are not happy, they can look into improvements on their property similar to 21 what the others in the area had to do if they did not like the homes on Butternut being 22 built. 23 24 Gabe Vogel, 2972 Butternut Drive, commented that he is in support of the pickleball 25 courts noting that he and his friends play on the courts multiple times a week. He noted 26 that it provides them an opportunity to get together and be outdoors. He thanked the 27 City for giving the community another reason to be outside and enjoy the summer 28 season. He noted that he also enjoys the winter rink. He stated that his generation gets 29 a bad reputation for their use of technology and when they do get outside and off 30 technology, there seems to be an issue with that as well. He commented that when he 31 is at the courts there are people of all ages and backgrounds enjoying pickleball. He 32 stated that he recently heard an older woman comment that pickleball gives her and her 33 friends an opportunity to get outside and be active and that she has made new friends at 34 the courts. He commented that a few years ago all the parks were empty, and it is 35 amazing to see people back outside and enjoying the company of others. He supported 36 the hours of 8 a.m. to 8 p.m. 37 38 Joe Vogel, 2972 Butternut Drive, commented that despite their address on Butternut, 39 their home is not adjacent to the park. He stated that after reading the minutes from the 40 previous City Council meeting, he was concerned that the Council was only receiving 41 negative feedback, therefore he is present to voice his support. He commented that as 42 a taxpayer he is pleased to see investment in amenities that are actually used. He 43 wanted to see a way to keep this investment open and available to the public. He 44 commented that he is a regular user of the trail system in Medina and thanks the City for 45 its year-round maintenance. He commented on the noise from the busy road and 46 therefore was not sure that buffering the courts alone would solve the issue of noise for 47 those neighbors that spoke. 48 49 Paul Hermann commented that he believed that a voice from the older generation 50 should speak. He commented that he has played pickleball in many places and many 51 Medina City Council Meeting Minutes July 18, 2023 6 states and has not found an instance where cities do not allow play until 9 p.m. He 1 stated that other courts open at 6 a.m. or 7 a.m. He stated that in Golden Valley the 2 courts are similarly close to the homes and a decision was made to wait until 8 a.m. for 3 play. He stated that he has not heard one swear word while playing at the courts nor 4 has he seen bad behavior in the parking lot. He did agree that the rules should be more 5 clearly posted. He stated that he has heard laughter at the courts. He noted that he has 6 lived in Medina since the time when it was all country, before the larger developments 7 were added and they do not complain about that. He stated that children are running 8 around in those neighborhoods screaming and laughing, but that is called fun. He stated 9 that perhaps the police will need to check in from time to time. He stated that the rules 10 state Medina residents and guests, which is vague for users. He stated that one group 11 that plays early are not Medina residents. He stated that the 8 a.m. to 8 p.m. hours 12 seem to be in line with most communities and he would support those hours. He stated 13 that he has never heard of a court having a day off, but perhaps that would provide 14 some quiet. He noted that the most popular time for people to play is between 7 a.m. 15 and 10 a.m. He stated that some people play before they go to work. 16 17 Cavanaugh commented that it seems the resident has experience at other courts and 18 asked if he has noticed sound mitigation at those courts. 19 20 Hermann replied that he has never seen anything that he could say has worked. He 21 noted that some courts have windscreens and perhaps there could be some type of 22 screen that would help to mitigate noise. 23 24 DesLauriers asked if the other courts were restricted to residents only. 25 26 Hermann replied that none of those courts restrict to residents only. He commented that 27 Plymouth tried that, but it did not work well, and the city dropped that, leaving the courts 28 open and it has seemed to work well. He stated that people learn how many people are 29 using the courts, the skill levels, and adjust their playtime appropriately. 30 31 Martin thanked the residents for their input and asked that the minutes from this meeting 32 and all written comments be provided to the Park Commission for its continued review. 33 She asked the Council for input on the proposed hours of 8 a.m. to 8 p.m. seven days 34 per week. 35 36 Cavanaugh asked if it would make sense to say 8 a.m. to 8 p.m. or sunset, whichever is 37 earlier. 38 39 Scherer stated that these hours would be specific to the courts and noted that the courts 40 are not lit, and people cannot play in the dark. He stated that the park hours are until 41 sunset as people get up early and walk trails and do the same in the evenings. 42 43 Martin referenced a question from a resident on the basis for the hour recommendation. 44 45 Scherer stated that he met with a member of the Park Commission that has been tasked 46 with research on this issue and his suggestion was 9 a.m. to 7 p.m. for three days per 47 week and then until sundown for four days per week. He commented that he believed 48 that would be complicated for users and therefore the 8 a.m. to 8 p.m. would provide the 49 same playing hours. He noted that the representative from the Park Commission agreed 50 it would be easier to have consistent hours each day of the week. 51 Medina City Council Meeting Minutes July 18, 2023 7 1 Martin commented that it would seem appropriate to have some study of the level of 2 noise to ensure the activity is not above the level set through ordinance. 3 4 Anderson commented that he spoke with staff on this topic and referenced the comment 5 from a resident about MPCA noise standards. He stated that he has also inquired 6 whether WSB would have the instruments to complete that type of study. He noted that 7 the MPCA has specific standards on how those levels are measured, providing 8 additional details on that process. He believed that staff could work with an engineering 9 firm to have that type of study completed if the Council desires. 10 11 Martin recalled that when the MPCA evaluated noise standards decades ago there was 12 a lot of public comment and long hearings on the topic. She stated that has evolved in a 13 sophisticated manner and believed the City should be able to determine if the activity is 14 above the State standards and City ordinance. 15 16 Anderson stated that the City does not have specific standards and relies on the MPCA 17 noise standards. He commented that mitigation standards could be taken whether or 18 not the standards are violated. 19 20 Martin commented that noise impacts people in different ways and therefore it may be 21 helpful to have the noise measurements as a baseline. 22 23 Anderson commented that there are a lot of apps that people can download on their 24 phones to measure sound but those are not calibrated to determine whether there is an 25 actual violation. 26 27 Moved by Cavanaugh, seconded by Martin, to direct staff to temporarily limit pickleball 28 court use hours to 8:00 a.m. to 8:00 p.m. and allow the Park Commission time to review 29 noise reduction options and provide a recommendation to the Council. 30 31 Further discussion: DesLauriers recognized that the Park Commission will be meeting 32 the following night and asked if that feedback could be provided to the Council at its next 33 meeting. 34 35 Scherer commented that staff intends to bring some information back at that time. 36 37 Martin noted that would most likely not allow sufficient time for a noise study to be 38 completed. 39 40 DesLauriers retracted his request. 41 42 Albers asked if staff could also be directed to place a sign within a reasonable amount of 43 time, such as one week, with the hours posted. 44 45 Scherer confirmed that a temporary banner would be installed immediately, noting that 46 staff would be working on that tomorrow morning. 47 48 Martin recapped the motion as stated, with the addition to direct staff to post 49 appropriately sized visible banners with the new hours of operation for the courts. 50 51 Medina City Council Meeting Minutes July 18, 2023 8 Motion passed unanimously. 1 2 VIII. PRESENTATIONS (8:06 p.m.) 3 4 A. Representative Kristin Robbins – Legislative Update 5 Johnson introduced Representative Kristin Robbins. 6 7 Representative Robbins commented that she became the representative for Medina 8 through the redistricting that occurred. She stated that she typically provides a preview 9 and review of the legislative sessions to her cities. She stated that they were able to get 10 a bonding project approved that included the railroad crossing at Townline Road. She 11 commented that the Highway 55 corridor was not included in the bonding bill, and she 12 has asked that to be considered in the bonding tour that will occur this summer/fall. She 13 stated that she also represents the I-94 corridor, which was successful in obtaining 14 funding. She encouraged the cities along the corridor to work together, as that often 15 creates a more successful outcome in terms of bonding. She reviewed her committee 16 assignments and highlighted the activity of each during the last session. She also 17 reviewed other positive outcomes of the legislative session related to public safety, 18 nursing home funding, and education. 19 20 DesLauriers referenced the increase to the State budget and asked how that would be 21 sustainable. 22 23 Robbins commented that it is not sustainable, and she was unsure what would be done. 24 She commented that it is very concerning and believed it would be discussed again in 25 the next session. 26 27 Martin thanked Robbins for the update and the work she does on behalf of the 28 community. 29 30 VII. NEW BUSINESS (Continued) 31 32 B. Preserve of Medina – PUD General Plan and Preliminary Plat (8:16 p.m.) 33 Johnson stated that the applicant is requesting PUD General Plan and Preliminary Plat 34 approval for five lot rural development that would also include restoration of a large area 35 of wetland which would create a wetland bank. 36 37 Martin commented that this topic has been before the Council conceptually and the 38 Council has reviewed the information in the packet thoroughly. 39 40 Finke stated that the Planning Commission and Council did review a concept plan for 41 this project last summer, which is similar to the proposal tonight. He reviewed the 42 project location and noted that the proposed development would include five lots on 73 43 gross acres, where about 20 acres is currently wetland. The property is zoned rural 44 residential, and Finke reviewed the surrounding zoning. He noted that the applicant 45 proposes a PUD, which provides flexibility to the standards of the zoning code. He 46 stated that a five-lot subdivision would be allowed under the zoning district and 47 explained that the PUD proposes to use the same number of lots on a smaller area in 48 order to restore wetlands in the center of the property. He stated that the restored 49 wetlands would be used to develop wetland credits and after the credits are sold that 50 area would remain wetland in perpetuity. 51 Medina City Council Meeting Minutes July 18, 2023 9 1 Martin asked if anyone has concerns with the lot dimensions proposed and no concerns 2 were voiced. She noted that there may be some flexibility to adjust the numbers slightly 3 as the design is finalized in order to create the wetland bank. She stated that she would 4 be fine with slight variation as long as lot five does not get smaller. 5 6 DesLauriers asked for clarification on the base density and total number of lots. 7 8 Finke explained that the applicant provided a standard rural residential development 9 showing that five lots could be created, and that was used to establish the maximum 10 density for this parcel. 11 12 Martin commented that there must be some rationale for the City to provide flexibility and 13 a number of findings were listed within the staff report. She commented that this is such 14 a unique development that she had a hard time finding a reason not to approve this 15 proposal. 16 17 Albers agreed. 18 19 Finke noted that although PUDs are used quite often in development, there is not much 20 history of using a PUD in a rural setting. He stated that this is the first request for a rural 21 PUD in the last two decades. He stated that the applicant is going to work with Gordon 22 James as a home builder and information was included in the packet on that builder. 23 24 Cavanaugh asked if the developer would have the option to place covenants on the 25 development if desired. 26 27 Finke confirmed that the developer will likely place design covenants on the 28 development, but the City does not have architectural design standards for the rural 29 residential district. He noted that density is based on minimum lot size and the 30 requirement for a lot served by septic to show two type one septic locations for each lot. 31 He noted that the northern lots (one and two) did not have two sites for septic located on 32 the lot, but the owner owns property on the north side of the wetland and could meet the 33 technical requirement for lots one and two on that property. He stated that the likely 34 scenario that has been discussed with the applicant and Building Official is that a more 35 high-tech septic system could be used on those lots rather than a traditional mound 36 system. He stated that staff would recommend that those two lots (one and two) utilize 37 the type four system, if the type one system is not used. He stated that the developer 38 would sell the wetland credits and once those are sold, the long-term maintenance of the 39 wetland area comes into play. He stated that the Minnehaha Creek Watershed District 40 has been a partner in this project and would support taking on the long-term 41 maintenance of the wetland area once it is established, up and running, and the credits 42 are sold. He noted that the Watershed District would require a payment from the 43 proceeds of the credit sale to support the ongoing maintenance. He stated that the City 44 would own the outlot at that time with the Watershed District handling the maintenance. 45 He explained that the City would have stronger enforcement tools related to the wetland 46 and potential violations from adjacent property owners, which is why the City would be 47 desired as the eventual owner of the outlot that contains the wetlands. He asked for 48 feedback from the Council on that ownership and then noted that he and legal counsel 49 could draft language for that related condition. He noted that staff views the partnership 50 with the Watershed District as a benefit. 51 Medina City Council Meeting Minutes July 18, 2023 10 1 Martin asked if there could be an indemnification clause for the City should it take on that 2 ownership. 3 4 Anderson confirmed that could be added above and beyond the typical indemnification 5 language within a development agreement. He stated that if the Council supports this 6 approach, he could work with Finke to develop language for that specific condition in a 7 way that makes the most sense. 8 9 Finke noted the careful analyzation of the drain tile to ensure that will function correctly 10 and not negatively impact adjacent development. He stated that the Park Commission 11 did recommend a trail easement from Holy Name Drive to the easement to the north to 12 assist in creating future pedestrian trails. He noted that trail construction would not be 13 required at this time. He stated that the park dedication would then be recommended in 14 the form of the trail easement and the remainder to be accepted through cash in lieu. 15 16 DesLauriers commented that he was unsure that it would make sense to have a trail go 17 through the property. 18 19 Martin agreed that it would not seem to make sense to have a trail that traverses through 20 the property as it would seem to go through backyards. She noted the change in density 21 between this rural development and adjacent higher density development. She 22 recognized that a trail was required in a conservation development but explained that 23 provided a tradeoff for residents of both developments, as the older development had a 24 playground and the newer development had the open space areas, therefore connecting 25 the two made sense as it would provide those amenities to both neighborhoods. She 26 stated that she does not have that same sense here. 27 28 Albers agreed and stated that he does not favor an east/west trail that would connect 29 Holy Name to the Plymouth development. He stated that he would support a north/south 30 trail that could potentially connect to Medina Road in the future. 31 32 Cavanaugh agreed that the east/west trail would not make sense and would impact the 33 privacy of those lots. He asked if enough easement would be gained for a north/south 34 trail. He asked if an easement could be considered through the wetland for a potential 35 boardwalk in the future. 36 37 Albers commented that he would see a boardwalk as counterintuitive in this instance. 38 39 Cavanaugh commented that he is not stuck on the boardwalk concept but thought it 40 would be a nice amenity, noting a similar boardwalk in Plymouth. 41 42 Martin confirmed the consensus of the Council not in support of the east/west trail 43 easement. She referenced the north/south easement noting that it only goes a certain 44 length and then stops, therefore she questioned if that would be feasible. 45 46 Albers commented that the termination is at the Plymouth boundary. 47 48 Finke commented that he does believe that easement would be of value as it could 49 provide connection to a larger network of trails in the future. 50 51 Medina City Council Meeting Minutes July 18, 2023 11 Martin confirmed consensus to keep the north/south easement. 1 2 Finke stated that as proposed the lots meet the minimum lot width and depth, but the 3 developer has requested slight flexibility as they determine the final boundaries for the 4 wetlands. He stated that there is also a request for flexibility on the setback for animal 5 structures. He stated that the Planning Commission supported the 50-foot setback 6 internally and/or between lots and the outlot but recommended keeping the 150-foot 7 setback for external property boundaries. 8 9 Martin confirmed consensus of the Council in support with the Planning Commission 10 recommendation. 11 12 Finke stated that there is also flexibility in the wetland buffering. He explained that a 13 larger amount of buffer will be provided as part of the development but in some locations 14 the applicant is requesting a lesser buffer between the wetland and adjacent lot line. He 15 stated that staff and the Planning Commission supported that request and confirmed 16 agreement of the Council. He stated that accessory dwelling units (ADUs) are permitted 17 through Conditional Use Permit in certain residential districts, and the applicant has 18 requested that ADUs be allowed without a CUP and that there be a few changes to the 19 standards for ADUs, specifically related to size. He reviewed the current ADU size 20 regulation and compared that to the request from the applicant. He noted that staff does 21 not believe the size would be much different due to the definition used by the applicant. 22 23 Albers asked if the City needs to revisit its ADU regulations. 24 25 Finke commented that it could make sense to reconsider the regulations. 26 27 Martin commented that this could be a slippery slope to dictate that they could have two 28 buildings on the lot. She commented that there is a lot that goes into that discussion and 29 review for an ADU. 30 31 DesLauriers stated that this would essentially allow two houses on a lot that could go 32 down to 1.2 acres in size. He recognized that the development mentioned the likelihood 33 of the ADU being a pool house. 34 35 Finke explained that a pool house would be allowed without architectural review and 36 essentially without standards as long as it did not have a bedroom. 37 38 Martin commented that while she cannot recall denying an ADU, they have had 39 additional conditions and/or suggestions about architecture or screening. 40 41 Finke noted that it sounds like a few members of the Council would feel more 42 comfortable leaving ADUs under the current review process. He stated that he believes 43 the developer was planning for the case where a homeowner would want to have a 44 mancave or she-shed, or pool house, that would have a bedroom along with the 45 recreational space. 46 47 Cavanaugh asked if there would be a way to provide some flexibility in terms of an ADU, 48 or a method to streamline that. 49 50 Medina City Council Meeting Minutes July 18, 2023 12 Martin commented that it seems that there is not a desire to provide flexibility for this 1 PUD related to ADUs, but a commitment to further study the City ADU regulations. She 2 suggested that condition five be changed to only reflect the north/south easement and 3 remove the east/west easement which would also increase the cash in lieu. She stated 4 that the ultimate tree program would need to be compliant with City ordinance, which 5 would be reflected in condition ten. She confirmed that any special provisions related to 6 ADUs would be excluded from this request. She noted that Finke and Anderson will 7 work to develop a condition related to the ownership of the wetland outlot and a 8 partnership with the Minnehaha Creek Watershed District related to ongoing 9 maintenance of the wetland. 10 11 Tim Boser, applicant, stated that they do not anticipate major changes to the lot lines 12 and hoped to have a preliminary plan to submit to the governmental review agency 13 related to the wetland area. He stated that he understands the direction the Council is 14 moving related to ADUs, to address that more globally rather than just within this 15 development. He asked if there is an estimated timeline for that process. He noted that 16 they intended to use the ADU as one of the selling points when marketing the properties. 17 18 Martin commented that there would not be an anticipated timeline as the City has a list 19 of things it needs to review and discuss. She stated that those items are fit in as time 20 allows but sometimes development requests come forward and those receive priority. 21 She stated that buyers could be told that the City does allow ADUs and has flexibility, 22 homeowners would simply need to follow that process. 23 24 Boser appreciated elimination of the east/west easement as they were also concerned 25 with that and believed it would have significant impact on the values for lots one and two. 26 27 Martin thanked the developer for being so innovative with the use of the land. 28 29 DesLauriers referenced the comment from the Planning Commission meeting which 30 estimated a three-to-five-year process for the establishment of the wetland bank. He 31 asked if the applicant could move forward with building the homes before that time. 32 33 Finke commented that the applicant would take on some amount of risk with proceeding 34 with the subdivision and creation of the wetlands without knowing if the credits would be 35 saleable but confirmed that there would still be value in the lots and wetland. He stated 36 that the development would not be conditioned upon the ability to sell the credits but 37 would be upon the creation of the wetlands. 38 39 Martin recognized two neighbors to this property that are present in support of the 40 application. 41 42 Moved by Martin, seconded by DesLauriers, to direct staff to prepare documents of 43 approval for the PUD General Plan and Preliminary Plat, subject to the conditions noted 44 in the staff report and as discussed by the Council. Motion passed unanimously. 45 46 IX. CITY ADMINISTRATOR REPORT (9:16 p.m.) 47 Johnson stated that Night to Unite will be held on August 1st and asked that the Council 48 let staff know if they would like to ride along to the parties. He noted that the Council 49 would meet on August 2nd. 50 51 Medina City Council Meeting Minutes July 18, 2023 13 Martin noted the upcoming celebration of the merging of two local fire departments. She 1 also noted Medina Celebration Day. 2 3 Walker provided an update on the planning for Celebration Day. 4 5 X. MAYOR & CITY COUNCIL REPORTS (9:18 p.m.) 6 Martin provided a brief update on recent fire service meetings. 7 8 XI. APPROVAL TO PAY THE BILLS (9:21 p.m.) 9 Moved by Martin, seconded by DesLauriers, to approve the bills, EFT 006907E-10 006921E for $101,527.03, order check numbers 054541-054598 for $705,948.84, and 11 payroll EFT 0512833-0512867 for $65,613.92. Motion passed unanimously. 12 13 XII. CLOSED SESSION: CONSIDERATION OF LAND ACQUISITION AT PID 11-14 118-23-21-005 PURSUANT TO MINN. STAT. SEC. 13D.05, SUBD. 3(C) 15 Moved by Martin, seconded by DesLauriers, to adjourn the meeting to closed session at 16 9:22 p.m. to consider land acquisition at PID 11-118-23-21-0005 pursuant to Minn. Stat. 17 13D.05, subd. 3(c). Motion passed unanimously. 18 19 The meeting returned to open session at 9:38 p.m. 20 21 XIII. ADJOURN 22 Moved by DesLauriers, seconded by Albers, to adjourn the meeting at 9:39 p.m. Motion 23 passed unanimously. 24 25 26 __________________________________ 27 Kathleen Martin, Mayor 28 Attest: 29 30 ____________________________________ 31 Caitlyn Walker, City Clerk 32 ME230\1A\888807.v2 Kennedy Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis MN 55402-1299 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer Graven C H A R T E R E D DAVID T. ANDERSON Attorney at Law Direct Dial (612) 337-9274 Email: danderson@kennedy-graven.com July 13, 2023 Mr. Scott T. Johnson City Administrator City of Medina 2052 County Road 24 Medina, MN 55340 RE: 2024 Legal Rates Dear Scott: I propose that Kennedy & Graven’s 2024 rates for Medina’s legal work be adjusted as follows. The rate for non-reimbursable work outside the retainer will increase by $5.00 per hour from $190 to $195 for attorneys. There will be no increase in the retainer. Based on the average number of hours billed during the last few years, this is estimated to result in an increase in fees of approximately $1,500 to $2,000 next year. The reimbursable rate will increase by $10.00 per hour from $290 to $300. In all cases there will also be a similar increase in the rates for paralegals and law clerks. I want to emphasize how much I enjoy working with the city council and city staff. I am very proud to be Medina’s city attorney and look forward to a successful 2024. As always, please do not hesitate to reach out with any questions or concerns. Very truly yours, /s/ David T. Anderson David T. Anderson Medina City Attorney Offices in Minneapolis St. Cloud & Agenda Item #5A 1 ME230-1A-888637.v1 CITY OF MEDINA ORDINANCE NO. ______ An Ordinance Amending Chapter 3 of the City Code of Ordinances Prohibiting Cannabis and Hemp Use in Public Places The city council of the city of Medina ordains as follows: SECTION I: Medina city code chapter 3 is hereby amended by adding a new section 370, entitled “Cannabis and Hemp,” as follows: 370. CANNABIS AND HEMP Section 370.01. Definitions. (a) For purposes of this section, the terms “cannabis flower,” “cannabis products,” “lower- potency hemp edibles,” and “hemp-derived consumer products” shall have the definitions given to them in Minnesota Statutes, section 342.01, as it may be amended from time to time. (b) For purposes of this section, “public place” is defined as any indoor or outdoor area that is used or held out for use by the public whether owned or operated by public or private interests. Pursuant to Minnesota Statutes, section 152.0263, subd. 5, “public place” does not include the following: (i) a private residence, including the person's curtilage or yard; (ii) private property not generally accessible by the public; and (iii) the premises of an establishment or event licensed to permit on-site consumption of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products. Section 370.03. Public Use Prohibited. No person shall use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a public place. A violation of this section shall be considered a petty misdemeanor notwithstanding any other penalty provision in the city code. SECTION II. This ordinance shall be effective upon its adoption and publication. Adopted by the city council of the city of Medina this _____ day of ________, 2023. BY THE CITY COUNCIL ______________________________ Kathleen Martin, Mayor Agenda Item #5B 2 ME230-1A-888637.v1 ATTEST: _________________________________ Caitlyn Walker, City Clerk Published in the Crow River News on the ___ day of _________, 2023. 1 ME230-1A-888638.v1 Member ____ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-___ RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. ### BY TITLE AND SUMMARY WHEREAS, the city council of the city of Medina has adopted Ordinance No. ###, “An Ordinance Amending Chapter 3 of the City Code of Ordinances Prohibiting Cannabis and Hemp Use in Public Places”; and WHEREAS, Minnesota Statues § 412.191, subdivision 4 allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina that the city clerk shall cause the following summary of Ordinance No. ### to be published in the official newspaper in lieu of the ordinance in its entirety: Public Notice The city council of the City of Medina has adopted Ordinance No. ###, An Ordinance Amending Chapter 3 of the City Code of Ordinances Prohibiting Cannabis and Hemp Use in Public Places. The ordinance makes it a petty misdemeanor to use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in any indoor or outdoor area that is used or held out for use by the public, regardless of whether owned or operated by public or private interests. The prohibition does not apply to non-public places, including private residences/yards and private property that is not generally accessible by the public, or premises that are otherwise licensed to permit on-site consumption of these products. The full text of the ordinance is available from the city clerk at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the City of Medina that the city clerk keep a copy of the ordinance in their office at city hall for public inspection and that they post a full copy of the ordinance in a public place within the city. Dated: August 2, 2023 ______________________________ Kathleen Martin, Mayor ATTEST: Agenda Item #5C 2 ME230-1A-888638.v1 ______________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member __________ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Ordinance XXX DATE ME230-1A-890041.v2 CITY OF MEDINA ORDINANCE NO. XXX AN ORDINANCE AMENDING SECTION 200.19 OF THE MEDINA CITY CODE REGARDING SALARIES OF THE MAYOR AND MEMBERS OF THE CITY COUNCIL The city council of the city of Medina ordains as follows: SECTION II. Medina Code Section 200.19 is amended by adding the underlined language and deleting the struck through language as follows: Section 200.19. Council Salaries. Salaries of the mayor and members of the city council shall be established as follows: Subd. 1. Mayor. The salary of the mayor shall be $4,250.00 $6,000.00 per annum commencing on the 1st day of January, 2007 2025. Subd. 2. Council members. The salary of each member of the city council shall be $3,000.00 $4,000.00 per annum commencing on the 1st day of January, 2007 2025. SECTION II. This ordinance shall become effective on January 1, 2025 following its adoption and publication. Adopted by the Medina City Council this ____day of ______, 2023. CITY OF MEDINA Kathleen Martin, Mayor ATTEST: Caitlyn Walker, City Clerk Published in the Crow River News on this ____ day of _____, 2023. Agenda Item #5D 1 ME230-1A-890044.v1 Member ____ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-___ RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. ### BY TITLE AND SUMMARY WHEREAS, the city council of the city of Medina has adopted Ordinance No. ###, “An Ordinance Amending Section 200.19 of the Medina City Code Regarding Salaries of the Mayor and Members of the City Council”; and WHEREAS, Minnesota Statues § 412.191, subdivision 4 allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina that the city clerk shall cause the following summary of Ordinance No. ### to be published in the official newspaper in lieu of the ordinance in its entirety: Public Notice The city council of the City of Medina has adopted Ordinance No. ###, An Ordinance Amending Section 200.19 of the Medina City Code Regarding Salaries of the Mayor and Members of the City Council. The ordinance establishes a $6,000 annual salary for the mayor and a $4,000 salary for city council members, effective January 1, 2025. The full text of the ordinance is available from the city clerk at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the City of Medina that the city clerk keep a copy of the ordinance in their office at city hall for public inspection and that they post a full copy of the ordinance in a public place within the city. Dated: _______________________, 2023 ______________________________ Kathleen Martin, Mayor ATTEST: ______________________________ Caitlyn Walker, City Clerk Agenda Item #5E 2 ME230-1A-890044.v1 The motion for the adoption of the foregoing resolution was duly seconded by member __________ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Ordinance No. XXX 1 August 2, 2023 CITY OF MEDINA ORDINANCE NO. XXX AN ORDINANCE AMENDING THE CITY OF MEDINA FEE SCHEDULE The city council of the city of Medina ordains as follows: Section 1. The schedule of fees and rates attached hereto as Exhibit A, Exhibit B and Exhibit C is hereby amended by deleting the stricken language and adding the underlined language. Section 2. This ordinance shall become effective upon its adoption and publication. Adopted by the City Council of the City of Medina this _____ day of ______, 2023. _____________________________________ Kathleen Martin, Mayor ATTEST: ________________________________ Caitlyn Walker, City Clerk Published in the Crow River News this _____ day of ______, 2023. Agenda Item #5F Exhibit A City of Medina Fee Schedule Effective August 2February 21, 2023 Ordinance No. 2 August 2, 2023 Administration Service Charge Address Labels $50.00 Address List $25.00 Administrative Appeal $250.00 Affidavit of Filing $15.00 Audit Book copy $50.00 City Code Book Cost + 10% Copies – single or double sided (B&W) $0.25 per page ($5.00 minimum) Copies or pictures – color 8 ½ x 11 $.50 per page ($5.00 minimum) Credit Card Payments Credit Card fees apply; + $0.50 if less than $100.00 (excluding utility and HCB payments) Delinquent Charges Assessed 10% administrative fee DVD/Flash Drive/CD $30.00 per DVD/Flash Drive $20 per CD Mailing costs of copies/reports At cost New resident listing $20.00 Peddler, Solicitor, Transient Merchant Permit Application Fee $150 up to $200 if extensive background check is needed Photographs $20.00 + cost of photo Non-Sufficient Funds $40.00 Notary No Charge Special Assessment search $25.00 Special Council Meeting request $250.00 Special Event Permit Fee $25.00 Tax Increment Financing application (minimum) $1,500 (deposit) + c.a.c Tobacco License (annual) $150.00 German Liberal Cemetery Service Charge Gravesite Purchase $1,500.00 Gravesite Transfer $15.00 Interment (Open/Close) for Casket (Includes locate & marker) $1,010 Interment (Open/Close) for Cremation or infant Cherub $410 Disinterment (Open/Close) for Casket $900.00 Disinterment (Open/Close) for Cremation or infant Cherub $300 Marker Removal $100 Funeral Service Attendant/Traffic Control $150.00 Park and Recreation Service Charge Independence Beach Parking or Watercraft Rack Storage Permit (residents only) No Charge Ball Field and Court Use See Exhibit C Hamel Community Building See Exhibit B Liquor Service Charge 3.2 Malt Liquor-off sale $50.00 3.2 Malt Liquor-on sale $100.00 Consumption & Display License $200.00 Liquor License Renewal Background Check Fee $90 Liquor License Investigation (in-state maximum) $500.00 Liquor License Investigation (out-of-state maximum) $10,000.00 Off-sale $150.00 On-sale Class A: >20,000 sq. ft. $7,500.00 On-sale Class B: 12,000 – 20,000 sq. ft. $6,500.00 On-sale Class C: 6,000 – 12,000 sq. ft. $5,500.00 On-sale Class D: < 6,000 sq. ft. $4,500.00 On-sale Sunday $200.00 Public Dance $100.00 3.2 Malt Liquor one day set up $25.00 Temporary on-sale application fee $25.00 Wine License $2,000.00 On-sale Brewer Taproom License $500.00 Off-sale Small Brewer License $150.00 Microdistillery Cocktail Room License $500.00 Fire Service Charge Fire False Alarm (first) No Charge Fire False Alarm (second) $150.00 Fire False Alarm (third) $200.00 Fire False Alarm (fourth and thereafter) $250.00 Post Fire Inspection $40.00 + c.a.c. Number of alarms within one calendar year Exhibit A City of Medina Fee Schedule Effective August 2February 21, 2023 Ordinance No. 3 August 2, 2023 Police Service Charge Accident/Police Report $.25/page ($5.00 minimum) Burning Permit (non- resident) $20.00 Burning Permit (resident) No Charge Dog Impounds $25.00 at Police office or $22/day Oak Ridge Kennels Reserve Officer at event/per hour $25.00 Event Security (per officer/per hour) $100.00 and $125.00 on Holidays (3-hour min.) Civil Court Request $150/hr. (3-hour min.) Fingerprinting Resident & Employees $20.00 up to 3 cards, $5.00 each additional card. Non- residents $30.00 up to 3 cards, $5.00 each additional card. Criminal Suspense Files Non-Medina Case $20.00 Fireworks Permit $50.00 Gambling Investigation Fee (annual) $50.00 Gambling Application for Exempt Permit $10.00 Gun Club license (annual) $50.00 Hunting Permit (non- resident) $25.00 Hunting Permit (resident) $15.00 Kennel License (City Council Review) $300 (deposit) + c.a.c. Kennel License (Administrative Review) $100.00 Kennel License (Waiver) $300 (deposit) + c.a.c. Letter of Conduct $15.00 Police False Alarm (first) No Charge Police False Alarm (second) $25.00 Police False Alarm (third) $50.00 Police False Alarm (fourth) $75.00 Police False Alarm (fifth and thereafter) $150.00 Vehicle Impound/Storage $10.00/day + towing fees No Parking Sign Deposit $5.00 per sign. Deposit returned when signs are returned. Public Works Service Charge Curb stop repair $250.00 (deposit) + c.a.c. Driveway Curb Cut Review $100.00 (no fee if in connection with building permit fee >$1000) Driveway Waiver $500.00 Frozen/damaged meter repair $100.00 Non-Compliance (meter replacement) $40.00/mo. Annual ROW Registration Fee $100.00 per year Noxious Weed / Mowing $150 per hour ROW Permit $100.00 Small Wireless Facility Rent $150 Annual + $25 Maintenance Small Wireless Electrical $73 per node (less than or equal to 100 watts), $182 per node (>100 watts), or actual cost Sanitary Sewer Prohibited Connection Fee - Residential $100 per month Surcharge – noncompliance w/ stormwater prohibition from sanitary sewer $100.00 per month Sanitary Sewer Prohibited Connection Fee – Comm/Industrial $100 + $20 per 1,000 gallons per month Water disconnect/reconnect trip fee $65.00 Unpermitted Hydrant Water Usage $500 (first) $750 (second) $1,000 (third) Radio Transmitter $180 Water meter iPearl (1”) + radio transmitter & meter horn $660 Water meter iPearl (3/4”) + radio transmitter & meter horn $490 Water meter SRII (1”) + radio transmitter & meter horn $556.00 All other meters (at cost) Trunk Connection Rates per living unit for residential; and, equivalent for commercial as determined by the Metropolitan Council SAC, except as may be amended by City policy. City may adjust number of units determined by Metropolitan Council if it deems it appropriate based on information provided. Service Charge Hamel Urban Service Area-Sewer Willow Lift Station Area $860 $1,555 Hamel Urban Service Area-Water $7,575.00 Independence Beach Area-Sewer $860 Independence Beach Area-Water $4,410.00 Medina Morningside Area-Sewer $860 Medina Morningside Area-Water $4,410.00 Sewer Availability Charge (SAC) Fee As set by Metropolitan Council Maple Plain Service Area-Water Per Maple Plain Fee Schedule Number of alarms within one calendar year Exhibit A City of Medina Fee Schedule Effective August 2February 21, 2023 Ordinance No. 4 August 2, 2023 Sewer and Water Rates - All rates monthly. (MM=Medina Morningside, IB=Independence Beach). Service Charge Sewer (residential) minimum $22.96 per month Sewer (residential) per 1,000 gallons of water usage $5.74 Sewer (commercial) minimum $22.96 per month Sewer (commercial) per 1,000 gallons of water usage $5.74 Sewer only (residential) (based on 6,000 gallons per month) $34.44 per month MM & IB Water (residential) (base charge) $13.12 per month MM & IB Water (residential) 0-4,000 gallons $2.90 per 1,000 gallons MM & IB Water (residential) 5,000-6,000 gallons $3.28 per 1,000 gallons MM & IB Water (residential) 7,000-10,000 gallons $4.37 per 1,000 gallons MM & IB Water (residential) 11,000-23,000 gallons $4.73 per 1,000 gallons MM & IB Water (residential) 24,000 and up gallons $5.84 per 1,000 gallons MM & IB Water (irrigation) 0-13,000 gallons $4.73 per 1,000 gallons MM & IB Water (irrigation) 14,000 and up gallons $5.84 per 1,000 gallons MM & IB Water (commercial) (base charge) $13.12 per month MM & IB Water (commercial) water usage under 10,000 gallons per month $4.37 per 1,000 gallons MM & IB Water (commercial) water usage over 10,000 gallons per month $5.84 per 1,000 gallons Storm Water Utility Fees Service Charge Storm Water Utility Annual Fee $37.57 per Residential Equivalency Factor (REF) + Annual Watershed Due established by specific Watershed Storm Water Appeal $250.00 Sewer and Water Rates - All rates monthly. Service Charge Hamel Water (residential) (base charge) $18.24 per month Hamel Water (residential) 0- 4,000 gallons $3.28 per 1,000 gallons Hamel Water (residential) 5,000-6,000 gallons $4.01 per 1,000 gallons Hamel Water (residential) 7,000-10,000 gallons $5.47 per 1,000 gallons Hamel Water (residential) 11,000-23,000 gallons $6.44 per 1,000 gallons Hamel Water (residential) 24,000 and up gallons $7.29 per 1,000 gallons Hamel Water (irrigation) 0- 13,000 gallons $6.58per 1,000 gallons Hamel Water (irrigation) 14,000 and up gallons $7.29 per 1,000 gallons Hamel Water (commercial) (base charge) $18.24 per month Hamel Water (commercial) water usage 0 – 9,000 gallons per month $5.47 per 1,000 gallons Hamel Water (commercial) water usage 10,000 + gallons per month $7.29per 1,000 gallons Penalty for unpaid utility bills 10% per month on unpaid balance (penalty not interest) City of Maple Plain Water Service Rate established by City of Maple Plain + 10% Medina administrative fee City of Orono Water Service Rate established by City of Orono + 10% Medina administrative fee City of Plymouth Sewer Service Rate established by City of Plymouth + 10% Medina administrative fee The Enclave at Medina Raw Water Usage for the first 2,000,000 gallons per month $3.25 per 1,000 gallons The Enclave at Medina Raw Water Usage above 2,000,000 gallons per month $3.81 per 1,000 gallons Dominium (per unit) 0-13,000 gallons $3.25 per 1,000 gallons Dominium (per unit) 14,000 and up gallons $3.81 per 1,000 gallons Tanker Fill $75.00 + Hamel commercial water rates Exhibit A City of Medina Fee Schedule Effective August 2February 21, 2023 Ordinance No. 5 August 2, 2023 Building Inspection Related Service Charge Building Permits Based on valuation – 1994 Building Fee Schedule, except $50 flat fee if valuation <$1500 Building Plan Review 65% of building permits Investigation fee (for work began without permit) 100% of Building Permit Fee Demolition (minimum) $100.00 per structure (residential) + surcharge $200.00 per structure (non- residential) + state surcharge Fence <7 feet (no Permit); >=7feet+ = based on valuation – 1994 building fee schedule (location verification) Building – fireplace $75.00 per fireplace + state surcharge Re-side – residential $100.00 per structure + state surcharge Re-roof – residential $100.00 ($165 for wood shingles/shakes) per structure + state surcharge Occupancy Financial Guarantee (ex: occupy home prior to approval of final grade; other similar) $10,000 escrow or $20,000 escrow if septic system is not completed Window, patio door, and front door replacement (existing openings) $50.00 (1 window); $100.00 (2+ windows) + state surcharge Windows and doors (changing opening) Based on valuation – 1994 Building Fee Schedule Grading, Plan Review (engineer review of submitted plans and building permits) $250.00 (grading plan review fee is reduced in cases where combined building plan review and grading plan review otherwise would exceed $650) Grading Permit (grading permit fee for disturbance less than 1000 cubic yards is reduced in cases where combined building permit and grading permit would otherwise exceed $1000) < 50 cubic yards = $50.00 51-100 cubic yards = $75.00 101-1000 cubic yards = $200.00 1,001+ cubic yards = $200+$25 per each additional 100 yds. (max. $750.00) + financial guarantee of 150% of cost; Violations = c.a.c. Hardcover Surface/shed<200 s.f. (optional permit) $50.00 Mechanical (residential) $75.00 per piece + state surcharge Moving Structure on public street $100.00 + c.a.c. Plumbing (residential) $50.00 (1-5 fixtures); $10.00 each additional + state surcharge Septic (new – Types 1-3) Septic (new – Type 4) $250.00 + $100 site visit $935 Septic Repair (drainage fields) $125.00 Septic or Holding tank only (ex: floor drains): Connect to existing system $100.00 Septic system abandonment $100.00 Septic Violation Inspection $250.00 + c.a.c. Sewer Hook-up $100.00 Signs (temporary/portable) $50.00 Sign face replacement-wall or pylon $50.00 New monument/pylon sign State fee schedule New wall sign/lighting change $100.00 Storm water Pollution Prevention Program Review $200.00 Underground Tank Removal $100.00 Tree Preservation Plan Review $50.00 (no fee if part of grading or building permit) Water Hook-up $100.00 Water Heater – residential $50.00 + state surcharge Temporary Structures – res Temporary Structures - comm $100.00 + state surcharge $200.00 + state surcharge Planning and Zoning Service Charge Agriculture Preserve Application $50.00 + c.a.c. Agriculture Preserve Expiration $50.00 + c.a.c. Appeal Administrative Decision $500 (deposit); c.a.c. not to exceed $500 Alternative Upland Buffer Request or Appeal of Wetland Conservation Act Staff Decision, Correction Notice or Classification $500 (deposit) + c.a.c. Appeal of Wetland Corrections Notice $500.00 (deposit) + c.a.c. Appeal of Open Space Composite Map and/or reference data $500.00 (deposit) + c.a.c. Exhibit A City of Medina Fee Schedule Effective August 2February 21, 2023 Ordinance No. 6 August 2, 2023 Cartway Easement $20,000.00 (deposit) + c.a.c. Comprehensive Plan Amendment $2,000.00 (deposit) + c.a.c. Comprehensive Plan Copy $100.00 Concept Plan Review $1,000.00 Conditional Use Permit application (commercial, minimum) $2,000.00 (deposit) + c.a.c. Conditional Use Permit application (Telecommunications Tower, minimum) $2,000 (deposit) + c.a.c. Conditional Use Permit application (residential, minimum) $1,000 (deposit) + c.a.c. Conditional Use Permit Annual Review $100.00 residential; $200.00 commercial Conservation Design collaborative goal setting process $1,000.00 Development Improvement Financial Guarantee (i.e. Letter of Credit or Cash) 150% amount of estimated improvements Environmental Review (e.g. EAW, EIS) $10,000.00 (deposit) + c.a.c. Interim Use Permit $2,000.00 (deposit) + c.a.c. Lot Combination or Rearrangement Lot Combination of Substandard Lots $1,000.00 (deposit) + c.a.c. $200 + cost of title documentation Maps 11x17 = $1; others = c.a.c. Park Dedication Fee (see city code) Residential = 8% of land value but no < $3,500/unit or >$8,000/unit; Commercial = 8% of land value Planned Unit Development Concept $2,000.00 (deposit) + c.a.c. Planned Unit Development General Plan $10,000.00 (deposit) + c.a.c. Planned Unit Development Final Plan $2,000.00 (deposit) + c.a.c. Rezoning Application (minimum) $1,000.00 (deposit) + c.a.c. Site Plan Review “Administrative” $1,000.00 deposit + c.a.c. Site Plan Review $5,000.00 (deposit) + c.a.c. Subdivision Application (minimum) (2-5 lots) Subdivision Application (>5 lots) $5,000.00 (deposit) + c.a.c. $10,000 (deposit) + c.a.c. Temporary Outdoor Sales Event $50.00 Upland Buffer Vegetation Review/Inspection/Guarantee 150% financial guarantee Upland buffer sign $6.00 Vacation $2,000.00 (deposit) + c.a.c. Variance Application (minimum) $1000.00 (deposit) + c.a.c. for residential; $2,000.00 (deposit) + c.a.c. for commercial Wetland Delineation Review $600.00 Wetland Field Estimate (flagging) $300.00 Wetland Exemption Decision/No Loss $300.00 Wetland Replacement Plan $750.00 (deposit) + c.a.c. Zoning Letter $50.00 Staff Consultant Fees – Staff and consultant time spent on planning applications (or defined as other c.a.c.) will be charged to applicant. Service Charge City Attorney Up to $290 per hour, per rate schedule City Engineer Up to $205 per hour, per rate schedule Survey Crew Up to $214 per hour, per rate schedule Prosecuting Attorney Up to $148.10 per hour, per rate schedule Planning Consultants Up to $160 per hour, per rate schedule Tree Inspector Up to $90 per hour City Staff - Professional $90 per hour City Staff – Public Works $70 per hour + time & half for over time City Staff – Field Inspector $90 per hour + time & half for over time City Staff – Administrative Support $70 per hour + time & half for over time Exhibit A City of Medina Fee Schedule Effective August 2February 21, 2023 Ordinance No. 7 August 2, 2023 *c.a.c. = city accrued costs *Deposits for land use and other applications must include the fee established by this fee schedule ordinance and any unpaid fees from the previous application involving essentially the same property by the same or similar applicant. *Deposits for land use applications that require more than two requests or large in scale shall be determined by the City Administrator. *Deposits will be returned for land use projects paid in full after final approval, deposits for wetland and grading permits will be returned upon acceptance of work if bills are paid in full. *Escrow for building certificate will be returned upon acceptance of project. *Land use applications are processed by planning, building, finance, engineering and legal departments and all costs associated with the review shall be billed to the applicant. Exhibit B Hamel Community Building Fee Schedule Effective August 2January 1, 2023 Ordinance No. 8 August 2, 2023 Group Time Period Rental Rate Monday to Thursday All Day $220325 Monday to Thursday < 4 Hours $110 200 Friday All Day $300500 Saturday or Sunday All Day $500 650 Alcohol Usage* All Day $100 Facility walk-through required: First one is free, if you miss appointment or need another one, each additional walk-through: Scheduled $25 Appointment with vendor to view facility prior to event Scheduled $25 Change of Event Date $25 Sales Tax Included in all fees. Kitchen Service Area and Outdoor Shelter use included in all fees. * in addition to base fee Community Building Security Deposit ○ Time Period Security Deposit Rate City Approved Medina Civic Groups - Any Day Anytime $100 Monday to Thursday Anytime $250 Friday, Saturday or Sunday Anytime $500 Any Day w/ Alcohol or Dance Anytime $500 ○ This fee is to cover any damage to the facility or extra clean-up. Community Building Cancelation Policy ○ Cancelation Fee Anytime Prior to 3 Weeks of Event $25 Within Three Weeks of Event Rental Fee ○ If rental fee is unpaid, the amount of rental fee with be deducted from security deposit. Exhibit C Field and Court Reservation Fee Schedule Effective August 2January 1, 2023 Ordinance No. 9 August 2, 2023 Field Usage Fee Table Field fees are based on a 2.5-hour time slot. If additional time is needed, the fee will increase $25 per additional hour. Facility Practice Fee Game Fee Tournament Fee BasebBall Field* $25.00. $50.00 Calculated on a case by case basis Open Field $25.0050.00 $10050.00 Calculated on a case by case basis Light Fee: $15 / field / hour – this fee will be required if lights are requested & available *Renter is expected to drag the field on day of reservation, chalk for their own games, and prepare field for playing condition in the event of rain. These fees cover the city’s cost to reserve the field and help pay for annual maintenance and capital expenses to keep these facilities in playing condition. Field Usage Security Deposit $500.00 Security Deposit for field reservations pertaining to games and/or practices per every Field Reservation Application submitted. $800.00 Security Deposit for field reservations pertaining to tournaments per every Field Reservation Application submitted. Tennis Court Fee Rental & Deposits The tennis courts are available free of charge to residents on a first come, first serve basis. Organized recreational groups may reserve the tennis courts with advanced approval, based on availability, for the following fee: Court Rental - $20 per court per hour* Court Deposit - $150 Security Deposit *This fee may be negotiated through a separate group rental agreement, which must be approved by the Medina City Council. Key Deposit A $25 key deposit is required for issued keys to any building reservation on the facilities. Keys must be returned by 4:30 p.m. of next business day after rental. Rental Fees for Amenities Field House Bathroom Fee $80 per day to reserve both men’s and women's bathrooms – Monday through Friday $150 per day to reserve both men’s and women's bathrooms – Saturday and Sunday Portable Toilets The City of Medina will determine if Additional Toilets or Special Cleaning needs to be scheduled on the day or days that the fields are reserved. Portable Toilet Fees: $60 Additional Units (per unit); $200 ADA Toilet; $35 Special Cleaning (per unit) Exhibit C Field and Court Reservation Fee Schedule Effective August 2January 1, 2023 Ordinance No. 10 August 2, 2023 RESERVATION FEE AND DEPOSIT POLICY Recreation Field Reservation fees Recreation field reservation fees are the fees required for the direct usage of the fields. This fee includes the field usage fee as well as any fees associated with the requested/required rental of amenities. All fees will be required by the City upon submission of the reservation application. Refunds of Reservation Fees Refunds for all recreation field reservation fees are processed on an individual basis with regards to the conditions of the cancellation. All cancellation notices and requests for rescheduling must be submitted in writing. Any cancellations that occur upon the day of the event, the City must receive the cancellation notice by the next business day. •• REFUND FOR CANCELLATIONS DUE TO WEATHER CONDITIONS. All cancellations that are due to weather conditions must be verified by the City staff prior to refund. A percent of the recreation field reservation fees may be remitted to the City according to the percent of field used if event is interrupted due to weather conditions and is not rescheduled. •• NO FEE REFUNDS. Recreation field reservation fee refunds will not be given for cancelled game/practice reservations that are not related to weather conditions less than fourteen (14) days before the event. •• NO FEE REFUNDS. Recreation field reservation fee refund will not be given for cancelled tournament reservations that are not related to weather conditions less than thirty (30) days before the event. Recreation Field Reservation Security Deposit Recreation Field Reservation Security Deposit is required to secure the performance of the field usage and any administration fees connected to cancellations or rescheduling. A security deposit will be required by the City upon submission of the reservation application. Refunds of Security Deposit The applicant; having fulfilled the obligations under the field reservation application, City Code Chapter 515, and an after post-event inspection by the Public Works Department, will have their Security Deposit refunded. •• A full security deposit will be remitted to the applicant upon having left no financial obligation to the City and having caused no damage beyond ordinary wear and tear. •• A percent of the security deposit will be remitted to the City pending: 1) any financial obligation to the City, 2) the percent of damages to the facilities beyond the ordinary wear and tear. Resolution No. 2023-XX DATE Member _ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-XX RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO.XXX BY TITLE AND SUMMARY WHEREAS, the city council of the city of Medina has adopted Ordinance No. XXX regarding revisions of the city’s fee schedule; and WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that the City Clerk shall cause the following summary of Ordinance No. XXX to be published in the official newspaper in lieu of the entire ordinance: Public Notice The city council of the city of Medina has adopted Ordinance No. XXX. The ordinance revises the city’s fee schedule including updated fees for parks and the Hamel Community Building. The ordinance will not be codified. The full text of Ordinance No. XXX is available for inspection at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the city of Medina that the City Clerk keep a copy of the ordinance in office at city hall for public inspection and that a full copy of the ordinance be posted in a public place within the city. Dated: DATE Kathleen Martin, Mayor ATTEST: Caitlyn Walker, City Clerk Agenda Item #5G Resolution No. 2023-XX DATE 2 The motion for the adoption of the foregoing resolution was duly seconded by member _ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2023-## DATE Member __________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-## RESOLUTION GRANTING EXTENSION OF TIME TO EFFECTUATE BAPS MINNEAPOLIS MEDINA LLC SITE PLAN REVIEW APPROVAL; AMENDING RESOLUTION NO. 2022-110 WHEREAS, on December 6, 2022, the city of Medina adopted Resolution 2022-110, granting site plan review approval to BAPS Minneapolis Medina LLC (the “Applicant”) for construction of a 46,000 square foot building and ancillary improvements for a religious/assembly use; and WHEREAS, under the terms of said resolution, the approval was effective for one year; and WHEREAS, the Applicant has requested an extension of time to apply for a building permit for the project NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota, as follows: 1. The site plan review approval shall be effective until June 5, 2024, and thereafter shall be considered null and void. 2. Except as explicitly stated above, all terms and conditions of Resolution 2022-110 are hereby reaffirmed. Dated Kathleen Martin, Mayor ATTEST: Caitlyn Walker, City Clerk Agenda Item #5H Resolution No. 2023-## DATE 2 The motion for the adoption of the foregoing resolution was duly seconded by member _________ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2023-## DATE Member _________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-## RESOLUTION GRANTING EXTENSION OF TIME TO REQUEST FINAL PLAT APPROVAL FOR PIONEER TRAIL PRESERVE; AMENDING RESOLUTION NO. 2021-39 WHEREAS, on June 15, 2021, the city of Medina adopted Resolution 2021-39, granting preliminary approval to James R. Korin and Melissa A. Korin (the “Applicants”) of a plat to be called Pioneer Trail Preserve; and WHEREAS, under the terms of said resolution, the application for final approval was required to be requested within 180 days or the approval was to be considered void, unless a written request for time extension is submitted by the Applicants and approved by the City Council; and WHEREAS, on September 7, 2021, the City Council adopted resolution 2021-54, granting the Applicant’s request for an extension of one year to request final plat approval; and WHEREAS, on August 16, 2022, the City Council adopted resolution 2022-62, granting the Applicant’s request for an extension of one year to request final plat approval; and WHEREAS, the Applicants have requested a further extension of time to request final plat approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota, as follows: 1. The final plat approval shall be requested by September 7, 2024, or preliminary approval shall be considered void, unless a written request for time extension is submitted by the Applicant and approved by the City Council. 2. Except as explicitly stated above, all terms and conditions of Resolution 2021-39 are hereby reaffirmed. Dated: Kathleen Martin, Mayor Agenda Item #5I Resolution No. 2023-## DATE 2 ATTEST: Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member __________ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. 1 TO: Medina Mayor and City Council FROM: Steve Scherer, Public Works Director DATE: July 27, 2023 MEETING: August 2, 2023 SUBJECT: Brush Grinding and Removal Service Agreement Summary After soliciting multiple sources, I obtained only two quotes for brush grinding and removal services. Based on an estimate of 3,700 yards, I anticipate the brush grinding/removal will be in the $29,600 to $35,000 range, total. PER YARD COST MOBILIZATION FEE  Minnesota Topsoil $ 8.00 NONE  YTS Clearing $12.00 $2,000.00 Recommendation It is the recommendation of staff to award the contract to Minnesota Topsoil for brush grinding and removal services. Attachment(s) • Brush Grinding and Removal Service Agreement • Minnesota Topsoil Proposal – Exhibit A MEMORANDUM Agenda Item #5J 1 BRUSH GRINDING AND REMOVAL SERVICES AGREEMENT This Agreement is made this 2nd day of August 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 brush grinding and removal services; and 2. The City has approved the contract for brush grinding and removal services 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 brush grinding and removal services 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 August 2, 2023, through December 30, 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 $4.25 per yard for brush grinding services. Under the specific direction of the Public Works Director, the Contractor will be compensated at a rate of $3.75 per yard for 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. 2 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER’S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance under this Agreement. 8.0 PAYMENT AND PERFORMANCE BOND. The Contractor may be asked to provide a Payment and Performance Bond to the City at no additional cost to the City. 9.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 10.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 13.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. 3 CITY OF MEDINA By _____________________________ Kathleen Martin, Mayor By ______________________________ Caitlyn Walker, City Clerk Minnesota TopSoil (CONTRACTOR) By ______________________________ Brandon Leistiko CRRUER, mn 17455 Kelly Lake Rd Carver, MN 55315 Name / Address City of Medina 2052 County Rd 24 Medina, MN 55340 Estimate Date Estimate # 7/13/2023 7 952-217-8143 Wood Grinding Compost Site P.O. No. Terms Rep Net 30 BL Description Qty Rate Total Grind Brush & Logs Trucking Sales Tax 3,700 3,700 4.25 3.75 7.375% 15,725.00 13,875.00 0.00 Thank you for your business. Total $29,600.00 minnesotatopsoil@gmail.com Ordinance No. ### 1 DATE CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE ESTABLISHING A PLANNED UNIT DEVELOPMENT DISTRICT FOR “PRESERVE OF MEDINA” AND AMENDING THE OFFICIAL ZONING MAP THE CITY COUNCIL OF MEDINA, MINNESOTA ORDAINS AS FOLLOWS: Section 1. The city of Medina received a request to change the zoning classification of the property legally described in Exhibit A attached hereto (the “Property”) to Planned Unit Development. Based on the written and oral record before the Planning Commission and City Council during review of the request as well as all additional testimony submitted to the City, the City Council has found that the proposed rezoning of the Property to Planned Unit Development is consistent with the Comprehensive Plan and serves the purpose of the Planned Unit Development district. Section 2. The Property is hereby rezoned to PUD, Planned Unit Development. The location of the Property subject to the zoning amendment is depicted on the map in Exhibit B attached hereto. Section 3. The Preserve of Medina Planned Unit Development General Plan is hereby approved. All entitlements, including but not limited to, density, dimensional standards, setbacks and development standards established within this PUD District are hereby set forth by the Preserve of Medina General Plan of Development, dated April 28, 2023 (the “General Plan”), which is incorporated herein by reference. Any standards not specifically addressed by this ordinance shall be the requirements set forth in the Medina Zoning Ordinance, including the Rural Residential (“RR”) and other relevant standards. Section 4. Allowed Uses. A. Permitted Uses. The permitted uses within the PUD District shall be the same as the permitted uses of the RR zoning district, as they may be amended from time to time. B. Accessory Uses. The allowed accessory uses within the PUD District shall be the same as the accessory uses of the RR zoning district, as they may be amended from time to time. C. Conditional Uses. The following shall be the only conditional uses within the PUD District, subject to approval of a conditional use permit, the requirements described in Sections 825.39 and 826.98, and other applicable provisions of the city code: (i) Home occupations in compliance with the conditions of Section 826.98, Subd. 2(c), as it may be amended from time to time. (ii) Accessory Dwelling Units in conformance with section 826.98 subd. 2(p), as it may be amended from time to time. Agenda Item #5K Ordinance No. ### 2 DATE Section 5. Lot Standards. Lots within the PUD District shall be subject to the requirements of the RR zoning district except as explicitly described below. A. Required lot size, width, depth, and arrangement shall be as indicated on the General Plan. B. Minimum Front, Side, and Rear Yard Setbacks: 50 feet, except the minimum yard setback adjacent to Outlot A shall be 20 feet. C. Animal structure setbacks. Structures or buildings used to house, exercise, or accommodate animals shall not be erected within 150 feet of any lot line except as described below. i. The required animal structure setback shall be reduced to 50 feet from a common property line shared with a Lot or Outlot within the Preserve of Medina PUD District. ii. Notwithstanding the above, a structure or building that houses chickens only (“chicken coop”) may be erected within 150 feet of any lot line, but may not be erected within 50 feet of any lot line. Section 6. Subdivision Design and Zoning Development Standards. All standards not specified by this ordinance shall be the same as found in the Medina Zoning Ordinance for the RR zoning district, as it may be amended from time to time. The following deviations from the underlying performance standards are hereby in place for the Preserve of Medina Planned Unit Development: A. The arrangement and dimensions of lots, blocks, outlots, and easements shall be as depicted with the Preserve of Medina plat approved by the City Council. Such plat shall be consistent with the city’s preliminary plat approval, except as modified by the City Council at the time of final plat approval. B. Upland Buffer Zones. The width and location of upland buffer zones shall likewise be consistent with the city’s preliminary plat approval, except as modified by the City Council at the time of final plat approval. Section 7. The City of Medina Zoning Administrator is hereby directed to place this ordinance into effect and to make the appropriate changes to the official Medina zoning map to reflect the change in zoning classifications as set forth above only upon recording of the Preserve of Medina plat with Hennepin County. Section 8. A copy of this ordinance and the updated map shall be kept on file at the Medina City Hall. Section 9. This ordinance shall be effective upon its passage, publication, and recording of the Preserve of Medina plat, and if the name of said plat changes prior to its recordation, City staff is authorized to administratively change all references to “Preserve of Medina” contained in this ordinance to reflect said name change. Ordinance No. ### 3 DATE Adopted by the Medina City Council this ______ day of __________, 2023. CITY OF MEDINA By: Kathleen Martin, Mayor Attest: By: Caitlyn Walker, City Clerk Published in the Crow River News on this day the ______ of ________, 2023. Ordinance No. ### 4 DATE EXHIBIT A Legal Description of the Property [to be platted as Preserve of Medina, Hennepin County, Minnesota] Ordinance No. ### 5 DATE EXHIBIT B Map Showing Location of Property Subject to Preserve of Medina PUD Resolution No. 2023-## DATE Member _________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-## RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. ### BY TITLE AND SUMMARY WHEREAS, the city council of the City of Medina has adopted Ordinance No. ###, an ordinance establishing a planned unit development district for “Preserve of Medina” and amending the official zoning map; and WHEREAS, Minnesota Statues § 412.191, subdivision 4 allows publications by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is five pages in length and contains a map; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina that the city clerk shall cause the following summary of Ordinance No. ### to be published in the official newspaper in lieu of the ordinance in its entirety: Public Notice The city council of the City of Medina has adopted Ordinance No. ###, an ordinance establishing a planned unit development district for “Preserve of Medina.” The ordinance rezones property east of Holy Name Dr. and northeast of Lakeview Rd., which is proposed to be subdivided and developed as to planned unit development. The development includes five rural lots. The ordinance establishes regulations related land use of the property and standards for the design of the development. The full text of the ordinance is available from the city clerk at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the City of Medina that the city clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Agenda Item #5L Resolution No. 2023-## 2 DATE Dated: ______________________________ Kathleen Martin, Mayor ATTEST: _________________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ______ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2023-## DATE Member _________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023## RESOLUTION GRANTING PRELIMINARY PLAT AND PUD GENERAL PLAN APPROVAL FOR PRESERVE OF MEDINA WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, H.L. Anderson, LLC, H.C. Anderson, LLC, H.J. Anderson, LLC, and P.B. Anderson, LLC (collectively the “Applicant”) own property east of Holy Name Drive and northeast of Lakeview Road which is legally described in Exhibit A, attached hereto (the “Property”); and WHEREAS, the Applicant has requested approval of a planned unit development general plan and preliminary plat to subdivide and develop the Property into five rural lots; and WHEREAS, the Applicant proposes to restore and create new wetlands and create buffer areas within Outlot A which are larger than would be required by standard regulations; and WHEREAS, the preliminary plat is tentatively proposed to be called Preserve of Medina; and WHEREAS, on June 13, 2023, the Planning Commission held a duly noticed public hearing, reviewed the information provided by the Applicant and City staff, heard testimony from interested parties, and recommended approval of the general plan and preliminary plat; and WHEREAS, on July 18, 2023, the City Council reviewed the proposed general plan and preliminary plat, considered the recommendation of the Planning Commission and heard additional testimony; and WHEREAS, regarding the purpose of the Planned Unit Development regulations, the City Council finds that the proposed Planned Unit Development: a. Supports innovation in development to the end of conservation, enhancement, and restoration of wetland areas, buffers, and open space within the subdivision; b. Maintains open space in portions of the development site; c. Effectuates the objectives of the Comprehensive Plan; d. Results in a more desirable environment than might be possible through strict application of zoning and subdivision regulations; and WHEREAS, subject to the fulfillment of the conditions noted below, the City Council makes the following findings of fact regarding the preliminary plat based on the requirements of the Subdivision Ordinance: Agenda Item #5M Resolution No. 2023-## 2 DATE a. The proposed preliminary plat is not in conflict with the Comprehensive Plan and is not premature for consideration; b. The subdivision is appropriate for the physical conditions on the site including the topography, storm water, natural resources, and soils; c. The site is physically suitable for the proposed density of development and meets minimum lot size standards as established in the planned unit development; d. The proposed subdivision is not likely to cause substantial environmental damage; e. The proposed subdivision is not likely to be injurious to public health; and f. The proposed subdivision and its improvements will not conflict with public or private streets, easements, or right-of-ways. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants approval of the PUD general plan and preliminary plat approval for Preserve of Medina, subject to the following terms and conditions: 1) The approval of the PUD and preliminary plat shall be contingent upon creation, restoration, and long-term maintenance of wetlands and buffer areas as contemplated in the general plan. 2) The Applicant shall provide information necessary to establish the base flood elevation at the time of final plat application. 3) De minimis modifications to the sizes and layouts of the lots and wetland areas shown in the preliminary plat may be approved at the discretion of the City Council at the time of final plat following additional and necessary engineering work by the Applicant. 4) The plat shall provide all drainage and utility easements as recommended by the City Engineer, including along the perimeter of lots, over outlots, and over all wetlands, drainageways, and stormwater improvements, which shall include, but certainly not be limited toa minimum 15 foot-wide drainage and utility easement adjacent to the Holy Name Drive right-of-way. 5) The plat shall provide all right-of-way as recommended by the City Engineer, including, but not limited to, a minimum of 33-feet from the existing centerline of Holy Name Drive. 6) The Applicant shall dedicate a trail easement 25 feet in width adjacent to the eastern property line from the northeast corner of the site to a point approximately 1110 feet south. The Applicant shall also pay a fee of $14,000 in-lieu of additional land dedication. 7) Lots 1 and 2 shall install Type I or Type IV ISTS systems upon initial development. 8) 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 adjacent to other property within the PUD. 9) 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. 10) Easement and maintenance instruments in a form approved by the City Attorney shall be recorded to ensure perpetual access for benefiting lots and long-term maintenance of the proposed shared driveways within Outlots B and C of the preliminary plat. Driveway Resolution No. 2023-## 3 DATE locations shall be subject to review and approval by the City Engineer and Public Works Director. 11) The Applicant shall provide information on tree preservation, removal and replacement at the time of final plat application and shall otherwise adhere to all City ordinances related to tree preservation. 12) Except as explicitly noted within the Planned Unit Development, future owners of the Property or applicants shall abide by relevant City requirements. 13) The Applicant shall enter into a development agreement with the City, which shall include the conditions described herein as well as other requirements of city ordinance or policy. 14) 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. 15) 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. 16) 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. 17) The Applicant shall make provisions to the satisfaction of the City Council for the long-term monitoring and maintenance of the wetland and buffer areas within Outlot A of the preliminary plat. Said Outlot A may be deeded to the City only if an agreement in a form and of substance acceptable to the City is entered into between the Minnehaha Creek Watershed District, the Applicant, and the City regarding the long-term monitoring and maintenance of the wetland and buffer areas within Outlot A and all costs associated therewith. Any such agreement and associated land conveyance must follow all requirements of the City, including those related to forms, title work, and sequencing of recording. 18) 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. 19) 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. 20) 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. 21) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the preliminary plat, construction plans, and other relevant documents. Dated: . By: _______________________ Kathleen Martin, Mayor Attest: By: ___________________________ Caitlyn Walker, City Clerk Resolution No. 2023-## 4 DATE The motion for the adoption of the foregoing resolution was duly seconded by member ________ and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2023-## 5 DATE EXHIBIT A Legal Description of the Property [to be platted as Preserve of Medina, Hennepin County, Minnesota] Morningside Stormwater Project Page 1 of 2 August 2, 2023 City Council TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: July 26, 2023 MEETING: August 2, 2023 City Council SUBJECT: Morningside Stormwater Project - BWSR Grant Background In early 2021, the City of Medina, in partnership with Minnehaha Creek Watershed District (MCWD), was granted approximately $230,000 from the Board of Water and Soil Resources (BWSR) toward a potential ravine stabilization within the Wolsfeld Woods Scientific and Natural Area (SNA). This project did not come to fruition because of restrictions on work within an SNA, but it showed the potential of the group to work together to secure grant funding. City and Minnehaha Creek staff looked for other options for projects to utilize the funding. Staff identified a potential project to stabilize an eroding ravine and install a stormwater pond in the location where most of the stormwater from the Morningside neighborhood drains. The agencies and cities who provide guidance to BWSR about how the funds should be utilized recommended that the 2021 funds be pledged to a different project in another community. While the discussion about how to allocate the unused 2021 funds was underway, discussions were also beginning related to how the next round of watershed-based funds would get divided. City staff worked to secure funds in the next round of grants (2023) for the Morningside project. Three projects were pledged funds, and Medina secured $243,200 in funding. Minnehaha Creek agreed to administer the grant funds for all three projects so that three communities would not need to enter into three separate grant agreements. Initial cost estimates suggested a project cost around $350,000, so Medina’s match is anticipated around $110,000. Medina would enter into contracts for design and construction, with Minnehaha Creek acting as a “pass-through” for the grant funds. The City included $75,000 in the 2023 CIP for the project, and staff has recommended increasing the total City amount to $110,000 in the draft 2024 CIP. The CIP identifies Stormwater Utility funds for the City’s portion of the cost. Minnehaha Creek staff is currently drafting an agreement with Medina related to administering the funds. Staff intends to present this agreement to Council on August 15 or September 5. Preliminary Analysis/Feasibility Report Staff has met with the owners of the two properties through which the ravine is located and where the stormwater pond may be constructed. Initial feedback was that the owners were open to the concept, but requested additional detail on the location and footprint of the improvements. MEMORANDUM Agenda Item #5N Morningside Stormwater Project Page 2 of 2 August 2, 2023 City Council WSB has provided a scope and cost estimate of $8,010 for the modeling and preliminary analysis/feasibility report. Presuming the project moves ahead, this information will be utilized as part of design. Staff recommends that the City Council authorize the preliminary analysis to allow some work to begin despite the fact the City has not entered into an agreement with Minnehaha Creek at this time. It will be extremely helpful to have this preliminary information on location to allow discussion with the owners and to prepare for survey work this fall. The expenses are eligible to be reimbursed under the grant, as Minnehaha Creek has entered into the grant agreement with BWSF. Recommended Motion Move to authorize WSB to complete the preliminary analysis/feasibility report for the Morningside Ravine Stabilization and Pond for the estimated cost of $8,010. Attachment Map of project location He nn e pin Cou n ty Na tural Resources Map Da te : 1/11/2019 Co mm ents: Th is data (i) is furnished 'AS IS' with no representation as to co mp le te ness or accu racy; (ii) is furnished with no wa rra nty of a ny kin d; an d (iii) is n otsuitable for leg al, eng ine erin g or surveying p urposes. Hennepin County shall n ot be liable for a ny d amage, injury or loss re sulting from this data. CO PYRIGHT © HENNEP IN COUNTY 2019 1 inch = 2 00 feet Le ge nd 2 Fo ot E le va tion Contour s Ind ex Inter mediat e PID: 2 811 8 231 3 004 2 Add re s s: 1 225 M APLEWOOD DR, M ED INA O wne r N am e: J M J AM ES & L H JAM ES Acr es: 4.32 ¯ MEMORANDUM TO: Mayor and City Council FROM: Jim Stremel, City Engineer DATE: July 26, 2023 MEETING: August 1, 2023 City Council SUBJECT: Hackamore Rd Improvement Project – Change Order No. 1 Background & Progress to Date The Hackamore Road Improvement Project was officially awarded to Valley Paving, Inc. at the June 6th Council Meeting in the amount of $5,445,445.00. To date, private utility work has been underway for several weeks and the City’s portion of the project has begun with Phase A on the easterly portion of the project. Both cities have been working through and agreed to a joint powers agreement (JPA) where the City of Medina is the lead agency for the project and has entered into the contract for construction as such. The City of Corcoran has finalized agreements with the adjacent developers as well. Change Order: There are two main items that warrant a contract change order that include additional street work and a more formal agreement to utilize a staging area adjacent to the project. Both of these items are related to the recent negotiations and agreements with the Lakeview Development Company, LLC. 1. The agreement with the contractor is to utilize an area offsite for material storage and staging. The staging area is located on the north side of Hackamore Rd roughly 1,000 feet east of CR 116 across two properties owned by Lakeview Development Company, LLC. The cities have an existing agreement with the property owner for the use of the property for this purpose and have identified the specific location available for the staging area. The Contractor will be required to adhere to all project specifications related to the maintenance, erosion/sediment control, and restoration in accordance with the specifications in Division 1, section 1806 Storage of Materials. 2. The additional work not included with the original plans and bidding is adjacent to the Lakeview Development Company, LLC property east of CR 116 and generally includes the extension of concrete curb across the remaining length adjacent to the property and the accommodation of a new storm sewer system through their property. The storm sewer system is needed to improve the conveyance of drainage from Hackamore Road and will ultimately be connected to a future stormwater treatment system within the development. The additional construction cost to complete concrete curb and ancillary work is Agenda Item #5O 2 estimated to be $28,804.00. The cities have agreed to this additional work within the Joint Powers Agreement. Estimated Project Costs & Funding Review The as bid/awarded construction cost was $5,445,445.00 and with the additional work in the amount of $28,804.00, the revised contract amount will then be $5,474,249.00. There will be additional engineering work required with the design changes. The proposed curb extension and revisions to the storm sewer alignment will increase the construction cost, but the additional engineering will not result in an exceedance of the current estimated overhead amount. In addition, within the original total project cost, a 10% contingency had been included and the proposed change order can be accounted for within that amount. Recommended Action A motion to approve Change Order No. 1 for the Hackamore Road Project in the amount of $28,804.00. Original Construction Contract Cost $5,445,445.00 + Additional Curb and ancillary work NE of CR116 $ 28,804.00 Updated Construction Contract (Change Order 1) $5,474,249.00 STATE AID FOR LOCAL TRANSPORTATION Rev. February 2018 CHANGE ORDER Page 1 of 2 SP/SAP S.A.P. 250-119-001 ; 250-103-002 Minn. Project No. N/A Change Order No. 1 Project Location: Hackamore Road Improvements Project Local Agency: City of Medina; City of Corcoran Local Project No. N/A Contractor: Valley Paving, Inc. Contract No. 020741-000; 20743-000 Contractor Address: 8800 13th Avenue East Shakopee, MN 55379 Total Change Order Amount: $28,804.00 Description: There are two primary items included in this change order with the following in detail: - An agreement with the contractor to utilize an area offsite for material storage and staging. The staging area is located on the north side of Hackamore Rd roughly 1,000 feet east of CR 116 across two properties owned by Lakeview Development Company, LLC. The cities have an existing agreement with the property owner for the use of the property as a construction staging area and have identified the specific location available for the staging area (see enclosed parcel sketches). The Contractor will be required to adhere to all project specifications related to the maintenance, erosion/sediment control, and restoration in accordance with the specifications in Division 1, section 1806 Storage of Materials. The Contractor will be required to meet City of Corcoran policy and/or ordinances as to the height of any stockpiles and duration of storage. A copy of the existing agreement with the property owner can be provided upon request. - The cities of Medina and Corcoran have agreed to a Joint Power Agreement (JPA) where the City of Medina is the lead agency for the project and has executed a contract for construction with Valley Paving, Inc. as such. Within this JPA, the cities have agreed to additional work including the extension of concrete curb/gutter and various improvements not included with the original project plans as bid. The individual quantity items have already been included in the original project bid; however, the additional work will result in an increase in the contract of the contract amount; a listing of detailed quantities and cost is provided below. Estimate Of Cost: (Include any increases or decreases in contract items, any negotiated or force account items.) Group/Funding Category** Item No. Description Unit Unit Price + or – Quantity + or – Amount $ STATE AID ROADWAY 2101.502 CLEARING EACH $365.00 2.0 $730.00 STATE AID ROADWAY 2101.502 GRUBBING EACH $220.00 2.0 $440.00 STATE AID ROADWAY 2101.505 CLEARING EACH $7,280.00 0.2 $1,456.00 STATE AID ROADWAY 2101.505 GRUBBING EACH $4,160.00 0.2 $832.00 STATE AID ROADWAY 2531.503 CONCRETE CURB & GUTTER DESIGN B618 LF $18.00 630 $11,340.00 STATE AID ROADWAY 2360.504 TYPE SP 9.5 WEAR CRS MIX (2,B) 3.0” THICK SY $23.00 220 $5,060.00 STATE AID ROADWAY 2521.518 6” CONCRETE WALK SF $13.30 80 $1,064.00 STATE AID ROADWAY 2531.618 TRUNCATED DOMES SF $52.00 16 $832.00 STATE AID ROADWAY 2506.502 CASTING ASSEMBLY EACH $920.00 1 $920.00 STATE AID ROADWAY 2506.503 CONST DRAINAGE STRUCTURE DES 48-4020 LF $735.00 8 $5,880.00 STATE AID ROADWAY 2506.602 CHIMNEY SEAL EACH $250.00 1 $250.00 Net Change This Change Order $28,804.00 **Group/funding category is required for federal aid projects STATE AID FOR LOCAL TRANSPORTATION Rev. February 2018 CHANGE ORDER Page 2 of 2 Due to this change, the contract time: (check one) ( X ) Is NOT changed ( ) May be revised as provided in MnDOT Specification 1806 Number of Working Days Affected by this Contract Change: Number of Calendar Days Affected by this Contract Change: Approved By Project Engineer: Date: Print Name: Phone: Approved By Contractor: Date: Print Name: Phone: DSAE Portion: The State of Minnesota is not a participant in this contract. Signature by the District State Aid Engineer is for FUNDING PURPOSES ONLY and for compliance with State and Federal Aid Rules/Policy. Eligibility does not guarantee funds will be available. This work is eligible for: ___ Federal Funding ___ State Aid Funding ___ Local funds District State Aid Engineer: Date: S LINE OF THE SW 1/4 OF THE SW 1/4 OF SEC. 36, T. 119, R. 23 O W N E R : L A K E V I E W D E V E L O P M E N T C O L L C AD D R E S S : 1 9 7 1 0 H A C K A M O R E R D PI D : 3 6 - 1 1 9 - 2 3 - 3 3 - 0 0 0 9 93 3 . 8 0 450.00 450.00 40 40 N LINE OF THE S 933.80 OF THE SW 1/4 OF THE SW 1/4 OF SEC. 36, T. 119, R. 23 E L I N E O F T H E S W 1 / 4 O F T H E SW 1 / 4 O F S E C . 3 6 , T . 1 1 9 , R . 2 3 EX I S T I N G E A S E M E N T F O R DR A I N A G E P U R P O S E S A S DE S C R I B E D I N D O C . N O . 3 7 1 0 8 8 8 50 60 62 36 20 W L I N E O F T H E S W 1 / 4 O F T H E SW 1 / 4 O F S E C . 3 6 , T . 1 1 9 , R . 2 3 W L I N E O F P A R C E L S LINE OF PARCEL SE CORNER OF PARCEL E L I N E O F P A R C E L 22 5 N0 0 ° 4 8 ' 1 0 " W 2 7 3 . 4 7 21 9 . 6 0 S80°39'22"W 20.00 S80°39'22"W 36.00 S09°20'38"E 187.33 S09°20'38"E 194.73 S00°44'03"E 87.66 S00°44'03"E 84.90 N0 9 ° 2 0 ' 3 8 " W 11 7 . 8 2 N0 9 ° 2 0 ' 3 8 " W 72 . 5 5 Prepared by:WSB Project No.Date:Prepared by:WSB Project No.Date:Right of Way Easement Exhibit PID: 36-119-23-33-0009 Address: 19710 Hackamore Rd City of Corcoran, Minnesota 020741-000 6/5/2023 N 0 1 inch = 200 feet 200 Graphic Scale (feet) PARCEL LINE TEMPORARY CONSTRUCTION EASEMENT AREA = 4,077 SQ. FT. PERMANENT ROADWAY, DRAINAGE AND UTILITY EASEMENT AREA = 22,500 SQ. FT. PERMANENT DRAINAGE AND UTILITY EASEMENT AREA = 8,725 SQ. FT. TEMPORARY CONSTRUCTION STAGING EASEMENT AREA = 70,040 SQ. FT. K: \ 0 2 0 7 4 1 - 0 0 0 \ S u r v e y \ D r a w i n g \ E a s e m e n t \ 0 2 0 7 4 1 - 0 0 0 - V - E S M T - 1 9 7 1 0 H a c k a m o r e R d . d w g , 6 / 5 / 2 0 2 3 9 : 1 3 : 1 6 P M S LINE OF THE SW 1/4 OF THE SW 1/4 OF SEC. 36, T. 119, R. 23 W L I N E O F T H E S W 1 / 4 O F T H E SW 1 / 4 O F S E C . 3 6 , T . 1 1 9 , R . 2 3 93 3 . 8 0 450.00 450.00 40 40 N LINE OF THE S 933.80 OF THE SW 1/4 OF THE SW 1/4 OF SEC. 36, T. 119, R. 23 E L I N E O F T H E S W 1 / 4 O F T H E SW 1 / 4 O F S E C . 3 6 , T . 1 1 9 , R . 2 3 EX I S T I N G E A S E M E N T F O R DR A I N A G E P U R P O S E S A S DE S C R I B E D I N D O C . N O . 3 7 1 0 8 8 8 OW N E R : L A K E V I E W D E V E L O P M E N T C O L L C ADD R E S S : 1 9 8 0 0 H A C K A M O R E R D PID : 3 6 - 1 1 9 - 2 3 - 3 3 - 0 0 1 0 50 60 65 20 50 10 10 60 225 22 5 N80°25'49"E 42.81 N89°55'35"E 152.55 S89°33'07"E 30.01 S01°01'18"E 25.01 S89°33'07"E 71.02 S01°01'18"E 6.00 S89°33'07"E 545.98 E L I N E O F P A R C E L W L I N E O F P A R C E L N0 1 ° 0 1 ' 1 8 " W 9 3 . 0 3 N0 1 ° 0 1 ' 1 8 " W 5. 0 0 S89°33'07"E 25.01 S01°01'18"E 20.01 S68°44'06"E 22.51 S LINE OF PARCEL SW CORNER OF PARCEL Prepared by:WSB Project No.Date:Prepared by:WSB Project No.Date:Right of Way Easement Exhibit PID: 36-119-23-33-0010 Address: 19800 Hackamore Rd City of Corcoran, Minnesota 020741-000 6/5/2023 N 0 1 inch = 200 feet 200 Graphic Scale (feet) PARCEL LINE TEMPORARY CONSTRUCTION EASEMENT AREA = 3,656 SQ. FT. PERMANENT ROADWAY, DRAINAGE AND UTILITY EASEMENT AREA = 42,389 SQ. FT. PERMANENT DRAINAGE AND UTILITY EASEMENT AREA = 8,902 SQ. FT. TEMPORARY CONSTRUCTION STAGING EASEMENT AREA = 35,284 SQ. FT. K: \ 0 2 0 7 4 1 - 0 0 0 \ S u r v e y \ D r a w i n g \ E a s e m e n t \ 0 2 0 7 4 1 - 0 0 0 - V - E S M T - 1 9 8 0 0 H a c k a m o r e R d _ 3 . d w g , 6 / 5 / 2 0 2 3 6 : 5 0 : 1 8 P M Resolution No. 2023-## DATE Member _________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-## RESOLUTION GRANTING EXTENSION OF TIME TO RECORD HAMEL TOWNHOMES PLAT; AMENDING RESOLUTION NO. 2022-64 WHEREAS, on August 16, 2022, the city of Medina adopted Resolution 2022-64, granting final approval to Hamel Townhomes, LLC (the “Applicant”) of the plat of Hamel Townhomes; and WHEREAS, under the terms of said resolution, the plat was required to be recorded within 180 days of adoption of the resolution or the approval was to be considered void, unless a written request for time extension is submitted by the Applicant and approved by the City Council; and WHEREAS, on February 7, 2023, the City Council adopted Resolution No. 2023-15, approving the Applicant’s request for a time extension to record the plat; and WHEREAS, the Applicant has requested an additional extension of time to record the plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota, as follows: 1. The plat shall be recorded by February 8, 2024 or the approval shall be considered void, unless a written request for time extension is submitted by the applicant and approved by the City Council. 2. The Applicant shall provide updated title documentation to the satisfaction of the City Attorney and abide by any updated comments and recommendations of the City Attorney related to the plat opinion, title issues and recording procedures. 3. Except as explicitly stated above, all terms and conditions of Resolution 2022-64 are hereby reaffirmed. Dated: Kathleen Martin, Mayor ATTEST: Caitlyn Walker, City Clerk Agenda Item #7A Resolution No. 2023-## DATE 2 The motion for the adoption of the foregoing resolution was duly seconded by member __________ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Cates Ranch Page 1 of 2 August 2, 2023 Easement Vacation City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: July 27, 2023 MEETING: August 2, 2023 City Council SUBJECT: Oppidan Investments – Easement Vacation – 2575 Cates Ranch Rd – Public Hearing Background On May 16, 2023, the City Council adopted Resolution 2023-64, granting preliminary plat approval for subdivision of property at 2575 Cates Ranch Road, proposed to be developed as Cates Industrial Park. The applicant has requested final plat approval, which is under review by the City. The subject property had been previously platted, and drainage and utility easements were dedicated to the public in various locations on the property. Upon subdivision and development of the property contemplated in the Cates Industrial Park plans, some of these easements would be in locations which are no longer necessary to serve the public interest and which may interfere with the proposed improvements. Resolution 2023-64 explicitly required dedication of drainage and utility easements in the locations necessary for the new site layout. In connection with the final plat application, the applicant has requested that all existing drainage and utility easements on the property, and to replace them with “new” easements on the new plat. Public Hearing According to Minnesota Statute 462.358 subd. 7: “The governing body of a municipality may vacate any publicly owned utility easement…which are not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets…” According to Minnesota Statutes 412.851, “The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. No vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice.” MEMORANDUM Agenda Item #8A Cates Ranch Page 2 of 2 August 2, 2023 Easement Vacation City Council Meeting Notices need to be published weeks ahead of a meeting, so staff tried to anticipate when the plat would be reviewed and published the hearing for August 2. The applicant is finalizing some information for review, so the plat will not be presented on August 2. Nonetheless, staff recommends that the City Council hold the public hearing on the easement vacation to meet the statutory requirement and to avoid the need to re-notice the hearing. Potential Action Staff recommends that the City Council hold a public hearing on the vacation of the easements which were dedicated on the property when it was previously platted. Staff recommends that the vacation be conditioned upon recording the Cates Ranch 3rd Addition plat, which would dedicate new easements in locations which are in the public interest. Staff recommends that the City Council take no action on the resolution, but rather announce that it will be considered in conjunction with review of the final plat. Attachment DRAFT Resolution Resolution No. 2023-## DATE Member ____________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-## RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS AT 2575 CATES RANCH DRIVE WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Jeffrey S. Cates and Christine T. Cates (the “Owners”) own property located at 2575 Cates Ranch Road (the “Property”), which is legally described in Exhibit A, attached hereto; and WHEREAS, Oppidan Holdings, LLC (the “Applicant”) intends to purchase, subdivide, and develop the Property as Cates Ranch 3rd Addition; and WHEREAS, drainage and utility easements were previously dedicated to the public upon certain portions of the Property on the plats of Cates Ranch and Cates Ranch 2nd Addition; and WHEREAS, on _________, the City Council adopted Resolution No. 2023-__, granting approval of the Cates Ranch 3rd Addition plat; and WHEREAS, the Cates Ranch 3rd Addition plat dedicates drainage and utility easements to the public in various locations which are in the public interest based upon the new arrangement of the plat; and WHEREAS, the Owners and Applicant have requested that the City vacate the drainage and utility easements previously dedicated on the Property on the plats of Cates Ranch and Cates Ranch 2nd Addition upon recording of the Cates Ranch 3rd Addition plat; and WHEREAS, pursuant to Minn. Stat. § 462.358 subd. 7 and Minn. Stat. § 412.851, the City scheduled a public hearing to consider the proposed vacation; and WHEREAS, notice of the public hearing was posted, published in the official newspaper and mailed to the owners of affected properties, all in accordance with law; and WHEREAS, the City Council held a public hearing on the proposed vacation on August 2, 2023 at which hearing all interested parties were heard; and WHEREAS, following the public hearing, the City Council determined that the drainage and utility easements which will be dedicated to the public upon the Property on the plat of Cates Resolution No. 2023-## 2 DATE Ranch 3rd Addition serve the public interest based upon the arrangement of the plat and proposed improvements; and WHEREAS, upon such finding, the City Council determined that upon recording of the Cates Ranch 3rd Addition plat, the proposed vacation of the drainage and utility easements previously dedicated upon the Property on Cates Ranch and Cates Ranch 2nd Addition plats is in the public interest. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota as follows: 1. The drainage and utility easements upon the Property described and depicted in Exhibit B are hereby vacated. 2. The city administrator or his designee is authorized and directed to prepare and present to the Hennepin County Auditor a notice that the City has completed these vacation proceedings and record the vacation easements described in Exhibit B with Hennepin County only upon the recording of the Cates Ranch 3rd Addition plat. Dated: ______________________________ Kathleen Martin, Mayor ATTEST: ______________________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ________ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2023-## 3 DATE EXHIBIT A Legal Description of the Property Lot 1, Block 1, Cates Ranch 2nd Addition, Hennepin County, Minnesota Resolution No. 2023-## 4 DATE EXHIBIT B Legal Description and Depiction of Vacated Easements Resolution No. 2023-## 5 DATE Nuisance Abatement Page 1 of 1 August 2, 2023 1285 Willow Drive City Council TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: July 26, 2023 MEETING: August 2, 2023 City Council SUBJECT: Nuisance Abatement – 1285 Willow Drive Background Earlier this summer, the City received complaints related to tall grass and weeds at a property located at 1285 Willow Drive. The City provided notification to the owner that the grass and weeds in excess of eight inches in height constituted a public nuisance. The notification specified the steps to abate the nuisance, which in this case was to mow the lawn. The lawn was not mowed in the four weeks which followed notification. City Police personnel met with the property owner and encouraged the owner to contact the City with questions and also provided a referral which could help connect with community services. At this time, the lawn has not been mowed and grass and weeds remain taller than eight inches in height. The City’s nuisance ordinance (section 330) provides that the City may abate a nuisance if a property owner does not do so within the time specified by the City Council. In this case, the City would be able to hire our lawn mowing contractor to complete the work. The property owner would be invoiced for the costs involved with such abatement. The City’s fee schedule establishes a fee of $150/hour for this work. The ordinance states that a property owner shall be provided an opportunity to be heard prior to the City Council authorizing abatement by the City. Staff provided notice to the owner of an opportunity to be heard at the August 2, 2023 City Council meeting. The notice indicted that during the meeting, staff would request the City Council to order that the City contract to mow the lawn if the nuisance has not been abated prior to August 6, 2023. Recommended Motion Staff recommends that the City Council provide an opportunity for the property owner to be heard as described in the nuisance ordinance. After this opportunity has been provided, the following action could be made: Move to determine that the current condition of grass and weeds in excess of eight inches in height at 1285 Willow Drive constitutes a nuisance pursuant to City Code section 330, and that if the nuisance is not abated by August 6, 2023, City staff or contractors shall abate the nuisance and invoice the costs to the owner of the property. MEMORANDUM Agenda Item #8B Planning Department Update Page 1 of 2 August 2, 2023 City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: July 27, 2023 MEETING: August 2, 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. The City Council reviewed on July 18 and directed staff to draft approval documents, which will be presented on 8/2. 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 15. D) Grossman Septic Variance – 3082 Highway 55 – Jaymes Grossman has requested a variance for the setback for a septic system from wetlands to replace an existing system. Staff intends to present to Council on August 15. E) 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. 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 architectural information based on the City’s updated regulations pertaining to architectural MEMORANDUM Planning Department Update Page 2 of 2 August 2, 2023 City Council Meeting 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 held a kick-off meeting on 7/14 and will request Council authorization to begin preliminary analysis and feasibility at the August 2 meeting. B) Pickleball Noise Analysis – staff has been working to secure a scope and contract for the analysis related to sound at the Hunter Lions Park pickleball courts. C) Wetland Violation/Restoration – staff met with the Technical Evaluation Panel (TEP) related to impacts on a residential property in Medina. A combination of voluntary restoration and purchase of credits at 4x the rate was discussed. D) South Fork Crow River Subwatershed Analysis – I attended a kick-off for a subwatershed analysis being conducted by Elm Creek Watershed. Staff will need to provide substantial information requested by the consultant and will participate in future meetings. E) Zoning Enforcement – the past few weeks have been active with code enforcement complaints. TO: Honorable Mayor and City Council FROM: Jason Nelson, Director of Public Safety DATE: July 27, 2023 RE: Police Department Updates Hiring updates. We currently are looking for Community Service Officer Candidates. We have had an open application process for several weeks with zero applications. Community Service Officer (CSO) Wiese is finishing up summer skills and will then take the peace officer test. We gave him a conditional offer for a police officer position several weeks ago which he has accepted. We will continue to try and find CSOs. As for our other opening for police officer the deadline to apply is on 07-28-2023 and as of 07-27-2023 we have no applicants that have applied. I am hoping to see some come in at the deadline. Currently on the state police officer job website there are 186 agencies in the state that have openings for police officers. Of those 186, many are advertising for more than one position. If no applications come in, we will look to try and market our advertisement differently and repost. As you can see from the patrol and investigations updates below, we have been busy with multiple different types of things from civil issues, traffic enforcement, general calls for service, medicals, along with major calls such as burglary in progress, auto theft, criminal sexual conduct, etc. Investigator Myhre has been doing a great job in his role from patrol to investigations. Investigator Myhre has over eight years of experience with the Crystal Police Department before coming to us last year and that experience is invaluable. We are preparing for Nite to Unite next week. If anyone would like to ride along with the police officers or Reserves, feel free to reach out to me so we can get you on the list. Patrol: The following are updates of Patrol Officers between July 12, 2023, and July 24, 2023: Citations – 33 Warnings – 74 PD Accidents – 3 PI Accidents – 4 Medicals – 10 Falls – 0 Suspicious Calls – 9 Traffic Complaints – 4 Other Agency Assists – 10 Business/Residential Alarms - 14 Welfare Checks - 4 Disturbance Calls - 7 On 07/14/2023 officer responded to a business on the 700 block of Tower Drive on a found property report. Person turned in a pistol that was found in the roadway in Orono approximately one year prior. Person advised they had forgot about it until recently that they had it and turned it in. The firearm came back clear (not stolen). Investigations is trying to trace the serial number to locate the owner. On 07/14/2023 at 2234 hours officer was dispatched to a disturbance at Hamel Legion Park on a report of people on the field sitting on lawn chairs drinking after a game. Officer made contact with the individuals and advised of the park hours and that since the game was over, they were in violation of being in the park after hours. Parties dispersed. On 07/16/2023 at 0406 hours officer responded to a vehicle that had just been stolen from a residence in the 3000 block of Basswood Road. A 2020 white Land Rover was stolen from the garage at the residence. Around 0530 the vehicle was located unoccupied in St. Paul. The vehicle was towed back to the Medina Police Department for processing and then released back to the owner. On 07/16/2023 officer responded to a theft from auto report in the 300 block of Lythrum Lane. Victim reported someone entered a vehicle in the driveway overnight and stole several items from inside the vehicle. Incident possibly related to the vehicle theft reported earlier that morning. On 07/16/2023 at 1914 hours officers responded to a reported personal injury accident at the intersection of Highway 55 and Clydesdale Trail. It was determined that a vehicle had a green light and began entering the intersection from southbound Clydesdale Trail when a westbound vehicle ran a red light and stuck the vehicle. That driver was cited for the violation. On 07/18/2023 at 1140 hours officer was dispatched to a car theft report at Hamel Power, 3566 Pinto Drive. Person was reporting their motorcycle was missing from the lot and believed it to be stolen. Upon arrival, the officer made contact with the business owner who said he put the motorcycle inside for safekeeping. Motorcycle owner advised. On 07/18/2023 at 1628 hours officers were called to a customer problem at Dollar Tree. It was reported an employee was let go and that the now ex-employee was being loud, rude, disrupting customers, and refusing to leave. Upon arrival, officers spoke with the employee who said she quit because she felt she was doing more work than her co-workers and they refused to share the workload. The employee was advised she needed to leave since she was no longer an employee and was requested by staff to leave. She was issued a trespass notice as well. On 07/19/2023 at 2010 hours officers were called to a welfare check at Target. Employees reported a male in the store acting strange. Reported to be wearing a tan trench coat and red beanie hat and last seen leaving on foot towards the Holiday. Officers checked the area but were unable to locate the male. On 07/20/2023 officer took several damage to property reports in Loretto in the Ponds Development. Early morning suspects, believed to be juveniles, were seen on videos ringing doorbells, pounding and kicking front doors to residences and even broke a front window of a home. Video footage was obtained from several neighbors of suspects. Case has been forwarded to investigations. On 07/20/2023 officer located a window broken on a residential home under construction along Marsh Point Road. This was the second window broken and both appeared to have rocks thrown at them. The homeowner was contacted and advised. Extra patrols in the area were requested. On 07/24/2023 officer responded to take a bicycle theft report at Holiday. Mother reported her son had reported to her that his bicycle had been stolen from the Subway. The bicycle was later located at Forkless in Maple Plain and was not damaged. The bicycle was returned to the owner. On 07/24/2023 at 2224 hours an interrupted burglary was reported in the 700 block of Lilium Trail. It was reported an unknown male entered the residence uninvited. Homeowner’s daughters were in an upstairs bedroom when an unknown male opened the bedroom door and stepped inside. They did not recognize the male and the male asked for their brother by name. They told him their brother was not there and the male eventually left. The girls then alerted their father who called 911. The area was checked for the suspect. A person matching the description was located in the area but ran off when police attempted to make contact. A search was conducted but the male was not located. The case has been forwarded to investigations. Investigations: Signed complaints for several cases. Received a found gun and followed up with ATF for tracing. Received multiple damage to property cases. Received a car theft. Vehicle was recovered and processed. Received a theft from auto report. Was called in for a criminal sexual conduct case that started in Minneapolis. Received a burglary case, developed a suspect, and followed up with a search warrant. Received a hit and run accident. 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 27, 2023 MEETING: August 2, 2023 SUBJECT: Public Works Update Streets • The Clydesdale Trail project is complete and looks great, all will notice a much smoother ride when traveling on it. • I gave a short Townline Road project presentation to Medina, Orono, and Independence residents during our open house at the Orono City Hall on Thursday, July 20. Adam from Orono was present, along with several residents who asked questions, and were all in support of the project. Water/Sewer/Stormwater • The water system is running at near full capacity, the new filter media has really helped us keep up with the summer demand. • A sewer service was repaired in the Cherry Hill development, the repair was right at the sewer main and a sag in the pipe was repaired at the same time. • Once again, we’re required to respond to another Department of Health mandate, this time the City needs to identify all its water services, and prove they are not made of lead. I am very confident that there are no such lead materials in the Medina systems but nevertheless we need to prove ourselves clear of these materials all the way into the houses. • The City has received a complaint from the Bridgewater HOA about our policy not to use treated city water for irrigation in Medina. They claim that running an irrigation system from the ponds is too burdensome for HOA’s. As you all know veering from our current path of irrigation for subdivisions is not feasible for the Medina water system. Parks/Trails • Staff met with a sound expert to obtain a quote for measuring the sound at the pickleball court in Hunter Lions Park. Players seem to be respecting the morning start times. As you know there have been some complaints regarding after hour use at the courts, likely from players that want to finish their games in the evening. We have installed a camera with the intention to log the amount of play time on the courts. MEMORANDUM 2 • There is a lot of activity in the parks. The Legion Park is always bustling with some type of activity. Keeping this all going smoothly has become quite an undertaking and will require more staff in the not-so-distant future. Other • The brush/compost site is nearly full, so it is again time to chip brush and remove compost. The compost contract was in the last packet and is currently being removed. The brush grinding contract is in this packet and the contractor will be able to get to the grinding in late August. • Telltale signs of emerald ash borer are turning up in Medina. Public Works will devise a plan to deal with the anticipated increase of brush expected in the months and years to come. ORDER CHECKS JULY 18, 2023 – AUGUST 2, 2023 54599 BENDER, CALVIN ..................................................................... $500.00 54600 BOND TRUST SERVICES CORP ......................................... $60,315.00 54601 EDINA REALTY ......................................................................... $177.62 54602 FIRST AMERICAN TITLE INSURANCE .................................... $101.06 54603 GAUTAM, RAJ R ....................................................................... $500.00 54604 KUNZ, MARY LOU ...................................................................... $50.00 54605 LANGHEINRICH, TRACY ............................................................ $30.00 54606 MN DEPT OF LABOR/INDUSTRY .......................................... $7,685.71 54607 OSTERBERG, MICHAEL ............................................................. $37.50 54608 RIES, CHRISTOPHER/AMANDA ................................................. $58.52 54609 SHADDEN, MATTHEW ............................................................... $87.80 54610 SINGH, PARJINDER ................................................................. $500.00 54611 ULINE ........................................................................................ $369.88 54612 WSB & ASSOCIATES INC.................................................... $77,689.75 54613 ERIN BARNHART ...................................................................... $100.00 54614 FARMERS STATE BANK OF HAMEL ....................................... $500.00 54615 PULTE GROUP .................................................................... $40,000.00 54616 STANDARD INSURANCE COMPANY .................................... $1,130.60 54617 STREETER & ASSOCIATES ................................................ $10,000.00 54618 ASPEN MILLS INC ...................................................................... $18.65 54619 BADGER STATE INSPECTION LLC ...................................... $7,500.00 54620 BOYER FORD TRUCKS INC ..................................................... $657.18 54621 CHARLIES AUTOBODY ............................................................ $241.25 54622 CIRCLE V SPECIALTIES, INC................................................... $567.00 54623 CONTEMPORARY IMAGES ................................................... $1,143.83 54624 DINIUS FENCE LLC ............................................................. $12,580.00 54625 DESLAURIERS & SONS INC ................................................. $6,760.00 54626 ECM PUBLISHERS INC .............................................................. $74.03 54627 EHLERS & ASSOC INC. ......................................................... $2,450.00 54628 FEHN COMPANIES INC ......................................................... $9,022.00 54629 GUARDIAN FLEET SUPPLY LLC .............................................. $546.25 54630 HAWKINS INC. ....................................................................... $1,949.47 54631 HENN COUNTY TREASURER ............................................... $1,250.00 54632 LORETTO VOL FIRE DEPT INC .......................................... $93,600.00 54633 CITY OF MAPLE PLAIN ......................................................... $7,500.00 54634 MARTIN MARIETTA MATERIALS INC ...................................... $531.07 54635 METRO WEST INSPECTION ................................................. $8,769.49 54636 MOTLEY AUTO SERVICE LLC ................................................... $93.00 54637 ODP BUSINESS SOLUTION LLC ................................................ $53.66 54638 CITY OF ORONO ...................................................................... $400.00 54639 PEARSON BROS., INC. ....................................................... $90,240.50 54640 PREMIUM WATERS INC ............................................................. $19.49 54641 ROLF ERICKSON ENTERPRISES INC .................................. $9,170.77 54642 SCHARF, ANDREW .................................................................. $183.26 54643 STREICHER'S ........................................................................... $669.93 54644 SUN LIFE FINANCIAL ............................................................... $704.08 54645 TEGRETE CORP .................................................................... $2,146.00 54646 TIMESAVER OFFSITE .............................................................. $207.75 54647 SSI MN TRANCHE 1 #10322006 ............................................ $5,499.53 54648 SSI MN TRANCHE 3 #10327096 ............................................ $7,847.98 Total Checks $472,229.61 ELECTRONIC PAYMENTS JULY 18, 2023 – AUGUST 2, 2023 006922E PR PERA .............................................................................. $20,988.56 006923E PR FED/FICA ....................................................................... $20,636.74 006924E PR MN Deferred Comp ........................................................... $3,917.47 006925E PR STATE OF MINNESOTA .................................................. $4,631.70 006926E CITY OF MEDINA ........................................................................ $25.00 006927E FURTHER .............................................................................. $2,077.39 006928E AFLAC ....................................................................................... $491.08 006929E ELAN FINANCIAL SERVICE .................................................. $4,722.59 006930E MARCO (LEASE) ....................................................................... $408.45 006931E MINNESOTA, STATE OF ....................................................... $2,614.00 006932E PR FED/FICA .............................................................................. $42.00 006933E FURTHER ................................................................................... $92.64 006934E VALVOLINE FLEET SERVICES .................................................. $90.71 006935E CENTERPOINT ENERGY ......................................................... $324.48 006936E DELTA DENTAL ..................................................................... $3,137.20 006937E FARMERS STATE BANK OF HAMEL ....................................... $150.00 006938E GREAT AMERICA FINANCIAL SERVI ...................................... $178.95 006939E WRIGHT HENN COOP ELEC ASSN ...................................... $2,416.75 Total Electronic Checks $66,945.71 PAYROLL DIRECT DEPOSIT JULY 19, 2023 0512868 WIESE, TANNER L .................................................................... $841.65 0512869 ALTENDORF, JENNIFER L. ................................................... $1,171.01 0512870 BARNHART, ERIN A. ............................................................. $2,882.60 0512871 BOECKER, KEVIN D. ............................................................. $3,691.95 0512872 CONVERSE, KEITH A. ........................................................... $2,751.36 0512873 DEMARS, LISA ....................................................................... $1,614.88 0512874 DION, DEBRA A. .................................................................... $2,198.99 0512875 ENDE, JOSEPH...................................................................... $2,482.67 0512876 FINKE, DUSTIN D. ................................................................. $3,142.31 0512877 GLEASON, JOHN M. .............................................................. $2,226.86 0512878 GREGORY, THOMAS ............................................................ $2,192.63 0512879 GROTH, BRENNA L ............................................................... $1,554.35 0512880 HALL, DAVID M. ..................................................................... $3,300.66 0512881 HANSON, JUSTIN .................................................................. $2,683.94 0512882 JOHNSON, SCOTT T. ............................................................ $2,784.01 0512883 KLAERS, ANNE M. ................................................................. $1,750.79 0512884 LEUER, GREGORY J. ............................................................ $1,937.82 0512885 MCGILL, CHRISTOPHER R. .................................................. $1,809.80 0512886 MCKINLEY, JOSHUA D .......................................................... $2,458.89 0512887 MYHRE, JORDAN J ............................................................... $2,469.64 0512888 NELSON, JASON ................................................................... $3,044.17 0512889 RATKE, TREVOR J ................................................................ $1,916.91 0512890 REINKING, DEREK M ............................................................ $2,507.07 0512891 RUCKE, MARIA ...................................................................... $1,866.70 0512892 SCHEIBE, CONNIE L ............................................................. $1,599.50 0512893 SCHERER, STEVEN T. .......................................................... $2,730.27 0512894 VINCK, JOHN J ...................................................................... $2,213.40 0512895 VOGEL, NICHOLE .................................................................. $1,082.02 0512896 WALKER, CAITLYN M. ........................................................... $2,056.30 0512897 BURSCH, JEFFREY ............................................................... $1,506.35 Total Payroll Direct Deposit $66,469.50