Loading...
HomeMy Public PortalAbout09.19.2023 City Council Meeting Packet Posted 9/15/2023 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, September 19, 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 September 5, 2023, Work Session Meeting B. Minutes of the September 5, 2023, Regular City Council Meeting V. CONSENT AGENDA A. Adopt Resolution Approving the Decertification of Tax Increment Financing District No. 1-9 B. Adopt Ordinance Amending the School Lake Natures Preserve Conservation Design-Planned Unit Development District Pertaining to Lot 2, Block 3 C. Adopt Resolution to Publish Ordinance Amending the School Lake Natures Preserve Conservation Design-Planned Unit Development District by Title and Summary D. Adopt Resolution Granting Preliminary and Final Approval of the School Lake Nature Preserve 3rd Addition Plat VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. NEW BUSINESS A. Resolution Providing for the Issuance and Sale of General Obligation Improvement Bonds, Series 2023A, in the Proposed Aggregate Principal Amount of $2,215,000 B. Tree Preservation Ordinance Discussion VIII. CITY ADMINISTRATOR REPORT IX. MAYOR & CITY COUNCIL REPORTS X. APPROVAL TO PAY BILLS XI. ADJOURN Meeting Rules of Conduct to Address the City Council: • Fill out & turn in comment card • Give name and address • Indicate if representing a group • Limit remarks to 3 minutes (period may be reduced by Council) MEMORANDUM TO: Medina Mayor and City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: September 14, 2023 DATE OF MEETING: September 19, 2023 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Adopt Resolution Approving the Decertification of Tax Increment Financing District No. 1-9 – The reason for decertifying at this time is per guidance from the Office of the State Auditor. The TIF District must be decertified once there are no outstanding obligations or there are sufficient funds on hand to pay the outstanding obligations. Since the final payment of the 2016A bond is on February 1, 2024 (which is paid with TIF revenues received in December 2023), Ehlers recommends this District be decertified as of December 31, 2023. Staff recommends approval. See attached resolution. B. Ordinance Amending the School Lake Nature Preserve Conservation Design-Planned Unit Development District Pertaining to Lot 2, Block 3 – 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 Council reviewed on July 5 and directed staff to prepare approval documents, after the applicant has provided updates to the plat. The plat updates have been provided per direction and staff recommends approval. See attached ordinance. C. Resolution to Publish Ordinance Amending the School Lake Nature Preserve Conservation Design-Planned Unit Development District by Title and Summary – Attached is a resolution for summary publication of the ordinance. Staff recommends approval. See attached resolution. D. Resolution Granting Preliminary and Final Approval of the School Lake Nature Preserve 3rd Addition Plat – 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 Council reviewed on July 5 and directed staff to prepare 2 approval documents, after the applicant has provided updates to the plat. The plat updates have been provided per direction and staff recommends approval. See attached resolution. VII. NEW BUSINESS A. Resolution Providing for the Issuance and Sale of General Obligation Improvement Bonds, Series 2023A, in the Proposed Aggregate Principal Amount of $2,215,000 – In 2022, during the CIP review, it was determined that bonding would be beneficial for the funding of road projects to not deplete the road fund balance. Road projects from 2022 and 2023 were included with the proposed bond. A representative from Ehlers will be present to walk through the bonding process. Recommended Motion: Motion to adopt resolution providing for the issuance and sale of general obligation improvement bonds, Series 2023A, in the proposed aggregate principal amount of $2,215,000. B. Tree Preservation Ordinance Discussion – The City’s Tree Preservation ordinance regulates the removal of trees for construction and development activities. The ordinance was adopted in 2006. City Council members and staff discussed reviewing aspects of the tree preservation regulations during review of recent land use applications. Staff has included the existing regulations with suggested changes. Staff is requesting City Council review and discussion on the proposed changes to the ordinance. Recommended Motion: Motion to direct staff to present the ordinance related to Tree Preservation for action at the following consent agenda [with the following recommended changes, if any]. X. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, order check numbers 054772- 054837 for $1,250,904.74, EFT 006985E-007002E for $65,260.63, payroll EFT 0512993-0513207 for $68,579.71. Medina City Council Work Session Minutes September 5, 2023 DRAFT 1 MEDINA CITY COUNCIL WORK SESSION MEETING MINUTES OF 2 SEPTEMBER 5, 2023 3 4 The City Council of Medina, Minnesota met in work session on September 5, 2023, at 6:00 p.m. 5 at the Medina City Hall, 2052 County Road 24, Medina, MN. 6 7 I. Call to Order 8 9 Members present: Martin, Albers, Cavanaugh, DesLauriers, Reid 10 Members absent: None 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. Budget Discussion 16 Finance Director Erin Barnhart presented the proposed 2024 general fund budget and 17 preliminary property tax levy which will be presented for certification at the September 5, 2023, 18 regular City Council meeting. 19 20 The proposed 2024 tax levy is $6,139,990, an increase of 2.3% from 2023. The preliminary 21 estimates show the City’s 2024 property tax rate as 20.958%, a 7.1% decrease from the 2023 rate 22 of 22.557%. The City’s proposed General fund budget is $6,724,860, which is an increase of 23 $154,816 from 2023’s budget of $6,570,044. Of the increase in general fund expenditures, 24 $409,816 is attributed to operations and $100,000 for a future fire facility, a decrease of 25 $355,000 from 2023. The operational increases include increases in materials/supplies, fuel, 26 contracted services, insurance, utilities, staff market wage adjustments, and staff cost of living 27 adjustments. 28 29 The City Council and staff also highlighted items in the Capital Improvement Plan related to 30 parks, roads, and utility projects that they plan to discuss in more detail at the December 5, 2023 31 regular City Council meeting. 32 33 The final budget and property tax levy will be presented for final certification on December 5, 34 2023. The final levy can remain the same or be reduced from the September 5, 2023, 35 certification, but it cannot be increased. Between now and December, staff will finalize the 2024 36 Capital Improvement Plan and the fee schedule. 37 38 III. Adjourn 39 DesLauriers made a motion to adjourn the meeting at 7:02 p.m. on September 5, 2023. Albers 40 seconded the motion. The motion passed unanimously. 41 42 43 _________________________ 44 Medina City Council Work Session Minutes September 5, 2023 Kathleen Martin, Mayor 1 2 Attest: 3 4 ____________________________ 5 Caitlyn Walker, City Clerk 6 7 8 9 Medina City Council Meeting Minutes September 5, 2023 1 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 5, 2023 3 4 The City Council of Medina, Minnesota met in regular session on September 5, 2023 at 5 7:00 p.m. in the City Hall Chambers. Mayor Martin presided. 6 7 I. ROLL CALL 8 9 Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid. 10 11 Members absent: None. 12 13 Also present: City Administrator Scott Johnson, 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 (7:00 p.m.) 21 The agenda was approved as presented. 22 23 IV. APPROVAL OF MINUTES (7:00 p.m.) 24 25 A. Approval of the August 15, 2023 Work Session City Council Meeting 26 Minutes 27 Moved by Martin, seconded by Albers, to approve the August 15, 2023 work session 28 City Council meeting minutes as presented. Motion passed unanimously. 29 30 B. Approval of the August 15, 2023 Regular City Council Meeting Minutes 31 Martin noted that prior to the meeting Johnson distributed changes that she had 32 proposed for incorporation. 33 34 Moved by Martin, seconded by Albers, to approve the August 15, 2023 regular City 35 Council meeting minutes as amended. Motion passed unanimously. 36 37 V. CONSENT AGENDA (7:01 p.m.) 38 39 A. Set Date of Truth in Taxation Meeting for December 5, 2023 40 B. Adopt Resolution Accepting Donations for the 2023 Cops N’ Bobbers 41 Program 42 C. Adopt Resolution Authorizing Medina Recreations Inc. to Dispense Liquor 43 at Hamel Legion Park During Medina Celebration Day and Approve the 44 Indemnification Agreement 45 D. Approve 2024 Solution Builders Agreement 46 E. Approve Memorandum of Agreement with Minnehaha Creek Watershed 47 District for the Morningside Ravine Stabilization Project 48 F. Approve Trail Sealcoating Services Agreement with Gopher State Sealcoat 49 G. Approve WSB Professional Services Proposal for Grant Writing 50 H. Approve Data Storage Server Sharing and Governance Agreement 51 Medina City Council Meeting Minutes September 5, 2023 2 Moved by Albers, seconded by Cavanaugh, to approve the consent agenda. Motion 1 passed unanimously. 2 3 VI. COMMENTS (7:03 p.m.) 4 5 A. Comments from Citizens on Items not on the Agenda 6 There were none. 7 8 B. Park Commission 9 Scherer highlighted recent work of the parks department including the seating area and 10 the kayak racks that will soon be installed at Lakeshore Park. He commented that the 11 pickleball sound study for Hunter Park has been completed and the report is being 12 finalized. 13 14 C. Planning Commission 15 Finke reported that the Planning Commission will meet the following week to hold public 16 hearings to consider ordinances related to edible cannabinoid products and the 17 continued discussion related to tree preservation. 18 19 VII. NEW BUSINESS 20 21 A. 2024 Preliminary Budget & Tax Levy (7:05 p.m.) 22 Martin commented that the Council held a work session/budget open house prior to the 23 Council meeting where there was an in-depth presentation on the budget. She noted 24 multiple meetings have been held throughout the year related to the budget to reach this 25 point. 26 27 Barnhart stated that tonight they will ask the Council to approve the preliminary budget 28 and levy for certification to Hennepin County, noting that the final budget public meeting 29 will be held on December 5th and at that time the final budget and levy would be 30 adopted. She reviewed proposed balanced general fund budget, which is an increase of 31 $154,000 from the previous year. She highlighted increases and decreases to the 32 budget and provided details on staffing. 33 34 Martin provided additional details on the police contract noting that they worked 35 collaboratively to develop a new pay scale and benefits for that department to ensure 36 that the police are paid adequately for the services they provide and risk they experience 37 in the line of duty. 38 39 Barnhart reviewed the proposed property tax levy for 2024, which is an increase of 40 $139,044 which equates to 2.3 percent above that of 2023. She reviewed the projected 41 market values received from Hennepin County, noting the combination of new single-42 family home construction and increase to property values. She stated that the 2024 tax 43 rate for Medina will result in a decrease of 7.1 percent. She recognized that this was a 44 brief presentation and noted that she does have more detailed information for members 45 of the public that may be interested. 46 47 Martin commented that a number of questions were asked and answered during the 48 budget open house earlier tonight. 49 50 51 Medina City Council Meeting Minutes September 5, 2023 3 1. Resolution Approving Proposed Tax Levy for 2024 1 Moved by DesLauriers, seconded by Albers, to adopt the resolution approving the 2024 2 preliminary tax levy. Motion passed unanimously. 3 4 2. Resolution Approving Proposed General Fund Budget for 2024 5 Moved by DesLauriers, seconded by Cavanaugh, to adopt the resolution approving the 6 2024 preliminary general fund budget. Motion passed unanimously. 7 8 3. Resolution Reducing Debt Service Tax Levies for 2024 9 Moved by DesLauriers, seconded by Reid, to adopt the resolution reducing debt service 10 tax levies for 2024. Motion passed unanimously. 11 12 13 B. 1755 Tamarack Drive After-the-Fact Replacement Plan and Voluntary 14 Restoration (7:15 p.m.) 15 Johnson reported that the applicant constructed a detached storage building without 16 submitting a permit application and the City issued a stop work order, although the 17 construction was significantly completed. He stated that approximately 3,899 square 18 feet of wetland was filled without obtaining the proper approvals and without following 19 the buffer requirements. He stated that the structure also does not meet the setback 20 requirements from the northern property line. 21 22 Finke stated that when the City became aware of this, it looked for a plan to mitigate the 23 wetland impacts. He noted that the original suggestion was to solely mitigate through 24 the purchase of wetland credits, but the Technical Evaluation Panel (TEP) met onsite 25 and there was an interest to try to minimize the impacts that had already occurred. He 26 stated that a portion of the impacts are proposed to be restored which would result in an 27 impact of 1,836 square feet of impact. He stated that the original proposal was to 28 mitigate at a rate of two to one, but the state rules do allow for mitigation up to four to 29 one which is what is being recommended by the TEP along with the restoration as 30 described in the application. He stated that the draft Notice of Decision was provided in 31 the packet and staff suggests some latitude that the restoration would be subject to an 32 agreement where the applicant agrees to complete the work. He recommended 33 approval of the replacement plan, with the rate of four to one and the restoration as 34 described. 35 36 DesLauriers asked if the City would also go back to charge the permitting fees that 37 should have been paid. 38 39 Finke commented that the building permit would be assessed a penalty and the wetland 40 replacement plan has been fully reimbursed. 41 42 Martin asked if the fees of the City Attorney to draft the agreement would also be 43 charged to the applicant. 44 45 Finke confirmed that would be part of the wetland replacement plan. 46 47 Martin acknowledged the difficulty in these after the fact situations, noting that it can 48 seem punitive, but the regulations of the City must be followed. She believed the 49 proposed action makes sense and confirmed the consensus of the Council. 50 51 Medina City Council Meeting Minutes September 5, 2023 4 Moved by Reid, seconded by Martin, to approve the Wetland Replacement Plan and 1 restoration/monitoring plan for 1755 Tamarack Drive after-the-fact replacement as 2 presented by staff. Motion passed unanimously. 3 4 VIII. CITY ADMINISTRATOR REPORT (7:21 p.m.) 5 Johnson noted the upcoming fall business tours which will take place in October or 6 November. He stated that Celebration Day will be held on September 16th at Hamel 7 Legion Park and Fun Fest/West Suburban Fire Street Dance will be held September 9th 8 in Loretto. 9 10 IX. MAYOR & CITY COUNCIL REPORTS (7:22 p.m.) 11 Martin provided a brief update on the recent meetings of the future fire services group 12 and the input of legislators that were in attendance. She noted that a task force was 13 created and provided input on the participation of Orono in the meetings noting that 14 Orono is not a part of the task force. 15 16 Cavanaugh asked and received confirmation that only residents that would be served 17 within the fire district would be taxed for such services, should such district be created. 18 19 X. APPROVAL TO PAY THE BILLS (7:30 p.m.) 20 Moved by Martin, seconded by Cavanaugh, to approve the bills, order check numbers 21 054716-054771 for $167,649.88, EFT 006984E-006984E for $124,447.52, and payroll 22 EFT 0512933-0512992 for $134,668.17. Motion passed unanimously. 23 24 XI. ADJOURN 25 Moved by DesLauriers, seconded by Albers, to adjourn the meeting at 7:31 p.m. Motion 26 passed unanimously. 27 28 29 __________________________________ 30 Kathleen Martin, Mayor 31 Attest: 32 33 ____________________________________ 34 Caitlyn Walker, City Clerk 35 Resolution No. 2023- September 19, 2023 Member ______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023- BEING A RESOLUTION APPROVING THE DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 1-9 OF THE CITY OF MEDINA. WHEREAS, on May 18, 2004, the City of Medina (the "City") created its Tax Increment Financing District No. 1-9, (the "District") within its Development District No. 1 (the "Project"); and WHEREAS, on February 1, 2024, all tax increment obligations to which tax increment from the District have been pledged will be paid in full; and WHEREAS, the City desires by this resolution to cause the decertification of the District after which all property taxes generated by property within the District will be distributed in the same manner as all other property taxes. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Medina that the City's staff shall take such action as is necessary to cause the County Auditor of Hennepin County to decertify and to no longer remit tax increment from the District to the City for taxes payable in 2024. Dated: September 19, 2023. __________________________________ Kathleen Martin, Mayor ATTEST: ________________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member _____ and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. (Seal) Agenda Item #5A Ordinance No. ### 1 DATE CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE AMENDING THE SCHOOL LAKE NATURE PRESERVE CONSERVATION DESIGN-PLANNED UNIT DEVELOPMENT DISTRICT PERTAINING TO LOT 2, BLOCK 3, SCHOOL LAKE NATURE PRESERVE THE CITY COUNCIL OF MEDINA, MINNESOTA ORDAINS AS FOLLOWS: Section 1. The School Lake Nature Preserve Conservation Design-Planned Unit Development (CD-PUD) district established on October 17, 2017 through Ordinance No. 618 is amended as described herein. Such amendment shall only pertain to Lot 2, Block 3, School Lake Nature Preserve, Hennepin County, Minnesota (the “Replatted Property”), which is proposed to be replatted as Lot 1, Block 1 and Outlot A, School Lake Nature Preserve 3rd Addition, Hennepin County, Minnesota. Section 2. Lot Location, Area, and Dimensional Requirements. The lot area, width, depth and location of the Replatted Property shall conform with the School Lake Nature Preserve 3rd Addition preliminary plat received by the City dated 1/11/2023 which is attached hereto as Exhibit A. Section 3. Yard Setbacks and Performance Standards. All standards of the Medina City Code and the Rural Residential zoning district shall apply unless explicitly amended in Ordinance No. 618 or explicitly addressed in the CD-PUD, Conservation Design-Planned Unit Development zoning district. The following setback and performance standards were established within Ordinance No. 618 for the School Lake Nature Preserve CD-PUD and are hereby reaffirmed and remain in full force and effect: Minimum front yard setback: 40 feet Minimum setback from exterior of PUD: 50 feet Minimum side yard setback, between lots within the PUD: 20 feet Minimum rear yard setbacks: 40 feet Minimum setback from Parkview Drive: 300 feet Minimum setback from School Lake: 200 feet Section 4. Allowed Uses. The permitted, conditional, and accessory uses upon the Replatted Property shall be those described within the Rural Residential (RR) zoning district, except as modified herein. Outlot A shall not constitute a separately buildable lot but shall be owned by a property owner within the School Lake Nature Preserve CD-PUD and used for uses accessory to the principal use of the property owned in common. No commercial use shall be permitted upon Outlot A. The two existing structures (screened porch and storage shed) shall be permitted as an accessory use. Agenda Item #5B Ordinance No. ### 2 DATE Section 5. A copy of this Ordinance and the updated map shall be kept on file at the Medina City Hall. Section 6. This Ordinance shall be effective upon its passage and publication and recording of the plat of School Lake Nature Preserve 3rd Addition. Adopted by the Medina City Council this ____day of ______, 2023. CITY OF MEDINA By: Kathleen Martin, Mayor Attest: By: Caitlyn Walker, City Clerk Published in the Crow River News on this ____ day of _____, 2023. Ordinance No. ### 3 DATE EXHIBIT A Amended General Plan of Development for the Replatted Property 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 amending the School Lake Nature Preserve Conservation Design-Planned Unit Development District pertaining to Lot 2, Block 3, School Lake Nature Preserve; 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 three 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 amending the School Lake Nature Preserve Conservation Design-Planned Unit Development District (CD- PUD) pertaining to Lot 2, Block 3, School Lake Nature Preserve. The ordinance establishes requirements for a proposed Outlot which is proposed to be divided from the parcel at 2600 Parkview Drive such that the Outlot may be owned in common by any owner within the School Lake Nature Preserve CD-PUD district. 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 #5C 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 AND FINAL APPROVAL OF THE SCHOOL LAKE NATURE PRESERVE 3RD ADDITION PLAT WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, School Lake Nature Preserve, LLC (the “Owner”) owns property located at 2600 Parkview Drive (the “Property”), which is legally described as: Lot 2, Block 3 and Outlot G, School Lake Nature Preserve, Hennepin County, Minnesota; and WHEREAS, the Owner has requested both preliminary and final approval to subdivide the Property into one lot and two outlots as School Lake Nature Preserve 3rd Addition; and WHEREAS, the planning commission held a duly noticed public hearing on the preliminary plat on June 13, 2023, reviewed the information provided by the Owner and City staff, heard testimony from interested parties, and unanimously recommended approval of the preliminary plat; and WHEREAS, following the aforementioned public hearing, City staff directed the Owner to update the final plat to make lawfully required revisions and provide all title work required for city attorney review so that both preliminary and final plat could be considered by the city council concurrently, which was deemed appropriate under the circumstances; and WHEREAS, on September 20, 2023, the City Council adopted Ordinance No. ________, amending the School Lake Nature Preserve Conservation Design-Planned Unit Development District, which establishes land use controls pertaining to the Property, to accommodate the proposed plat; and WHEREAS, the City Council also reviewed the proposed plat on September 20, 2023, during which it also reviewed and considered the aforementioned recommendation of the planning commission and comments from City staff; and WHEREAS, subject to the fulfillment of the conditions noted below, the city council makes the following findings of fact in regard to the preliminary plat based on the requirements of the City’s subdivision ordinance: a. The proposed preliminary plat is not in conflict with the Comprehensive Plan and is not premature for consideration. b. The subdivision is appropriate for the physical conditions on the site including the topography, storm water, natural resources, and soils. Agenda Item #5D Resolution No. 2023-## 2 DATE c. The site is physically suitable for the proposed density and the proposed lots meet minimum lot size standards. d. The proposed subdivision will not cause substantial environmental damage. e. The proposed subdivision is not likely to be injurious to public health. f. The proposed subdivision and its improvements will not conflict with public or private streets, easements, or rights-of-way. WHEREAS, upon review of the preliminary and final plat the city council finds that, subject to certain terms and conditions, the plat is consistent with the requirements of the City’s subdivision regulations, and the requirements, terms and conditions of the amended CD-PUD district. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants preliminary and final plat approval for School Lake Nature Preserve 3rd Addition, subject to the following terms and conditions: 1. The Applicant shall record documentation in a form and of substance acceptable to the City Attorney related to the ownership and uses of Outlot A. 2. The Owner shall submit any amendments to HOA covenants for review and approval of the City. 3. The Owner shall execute and record easement agreement(s) or instrument(s) in a form and of substance acceptable to the City Attorney to ensure access for the lot and outlots at time of recording the plat. 4. The plat shall dedicate drainage and utility easements in locations recommended by the City Engineer. 5. The Owner shall update the plat to properly identify all existing drainage and utility easements which were previously dedicated upon the Property. 6. The Owner shall take necessary actions, to the extent required by the Minnehaha Creek Watershed District, to amend the Conservation Easement recorded against the Property in light of the plat. 7. The Owner shall address the comments of the City Attorney plat opinion dated September 12, 2023 and abide by the requirements of the City Attorney related to title issues and recording procedures. 8. The City shall reserve the right to review and approve any changes resulting from approval of the plat by the Hennepin County Surveyor. 9. The plat shall be filed within one year of the date of the city council resolution granting approval or the approval shall be considered void, unless a written request for time extension is submitted by the Owner and approved by the City Council. 10. The Owner shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the amended Planned Unit Development, plat, and other relevant documents. Resolution No. 2023-## 3 DATE Dated: . By: ______________________ Kathleen Martin, Mayor Attest: By: ___________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member __________ and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Erin Barnhart, Finance Director DATE: September 14, 2023 SUBJ: General Obligation Improvement Bond, Series 2023A Background In 2022, during the CIP review, it was determined that bonding would be beneficial for the funding of road projects to not deplete the road fund balance. Planning proceeded to include assessed road projects from 2022 and 2023. 2022 Road Projects Arrowhead/OSI Iroquois Dr. Overlay Oakview Rd. Overlay Tower Drive West Overlay 2023 Road Projects Foxberry Farms Overlay Medina Highland Overlay Meadowwoods Trail Cheyenne Trail Pinto Drive Overlay Clydesdale Trail Rehabilitation Council Action Needed Approve resolution for issuance and sale of General Obligation Bonds, Series 2023A Agenda Item #7A Resolution No. 2023- September 19, 2023 1 Extract of Minutes of Meeting of the City Council of the City of Medina, Hennepin County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Medina, Minnesota, was duly held in City Hall in said City on Tuesday, September 19, 2023, commencing at 7:00 p.m. The following members were present: and the following were absent: * * * * * * * * * Resolution No. 2023- September 19, 2023 2 Member ________ introduced the following resolution and moved its adoption. CITY Of MEDINA RESOLUTION NO. 2023-________ RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2023A, IN THE PROPOSED AGGREGATE PRINCIPAL AMOUNT OF $2,215,000 BE IT RESOLVED By the City Council of the City of Medina, Minnesota (the “City”), as follows: Section 1. Authorization. (a) Certain assessable public improvements within the City (the “Improvements”) have been made, duly ordered or contracts let for the construction thereof pursuant to the provisions of Minnesota Statutes, Chapters 429 and 475, as amended (the “Act”). (b) The City Council finds it necessary and expedient to the sound financial management of the City to issue its General Obligation Improvement Bonds, Series 2023A (the “Bonds”), in the proposed aggregate principal amount of $2,215,000, pursuant to the Act, to provide financing for the Improvements. (b) The City is authorized by Section 475.60, subdivision 2(9) of the Act to negotiate the sale of the Bonds, it being determined that the City has retained an independent municipal advisor in connection with such sale. The actions of the City staff and the City’s municipal advisor in negotiating the sale of the Bonds are ratified and confirmed in all respects. Section 2. Sale of Bonds. To provide funds to finance the Improvements, the City will therefore issue and sell the Bonds in the proposed aggregate principal amount of $2,215,000. The principal amount of the Bonds is subject to adjustment in accordance with the official Terms of Proposal to be prepared in connection with the offering and the sale of the Bonds. Section 3. Authority of Municipal Advisor. Ehlers and Associates, Inc. (the “Municipal Advisor”) is authorized and directed to negotiate the sale of the Bonds. The City Council will meet on Tuesday, October 17, 2023, or another date selected by City staff, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. Section 4. Authority of Bond Counsel. The law firm of Kennedy & Graven, Chartered, as bond counsel for the City (“Bond Counsel”), is authorized to act as bond counsel and to assist in the preparation and review of necessary documents, certificates and instruments relating to the Bonds. The officers, employees and agents of the City are hereby authorized to assist Bond Counsel in the preparation of such documents, certificates, and instruments. Section 5. Covenants. In the resolution awarding the sale of the Bonds, the City Council will set forth the covenants and undertakings required by the Act. Section 6. Official Statement. In connection with the sale of the Bonds, the officers or employees of the City are authorized and directed to cooperate with the Municipal Advisor and participate Resolution No. 2023- September 19, 2023 3 in the preparation of an official statement for the Bonds and to deliver it on behalf of the City upon its completion. Section 7. Reimbursement. The City has or may have incurred certain expenditures with respect to the Improvements that were financed temporarily from other sources but are expected to be reimbursed with proceeds of the Bonds. The City hereby declares its intent to reimburse certain costs of the Improvements from proceeds of the Bonds (the “Declaration”). This Declaration is intended to constitute a declaration of official intent for purposes of the Section 1.150-2 of the Treasury Regulations promulgated under the Code. Dated: September 19, 2023. ______________________________ Kathleen Martin, Mayor Attest: _________________________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member _______ and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2023- September 19, 2023 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. ) CITY OF MEDINA ) I, the undersigned, being the duly qualified City Clerk of the City of Medina, Minnesota (the “City”), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on September 19, 2023, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the City’s General Obligation Improvement Bonds, Series 2023A, in the proposed aggregate principal amount of $2,215,000. WITNESS My hand officially as such City Clerk and the corporate seal of the City this ____ day of September, 2023. Caitlyn Walker - City Clerk City of Medina, Minnesota (SEAL) Tree Preservation Page 1 of 8 September 19, 2023 Regulations City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: September 14, 2023 MEETING: September 19, 2023 City Council Meeting SUBJECT: Tree Preservation Regulations Background The City’s Tree Preservation ordinance regulates the removal of trees for construction and development activities. The ordinance was adopted in 2006. City Council members and staff discussed reviewing aspects of the tree preservation regulations during review of recent land use applications. Summary of Existing Regulations The current regulations require replacement of trees if more than a certain percentage of the total trees are removed. The allowed amount is based upon the size of the lot, with more removal allowed on smaller lots. The ordinance allows a certain percentage to be removed for “initial site development” (essentially streets and utilities in a development), and a certain amount to be removed for all other activities: Initial Site Development Activities other than Initial Site Development Total property area included in the land use application or served by improvements Allowed percent of Significant Trees that may be removed Lot Size Allowed percent of Significant Trees that may be removed 0.1-1.0 acre 15% 0.1-1.0 acre 20% 1.1-5.0 acres 15% 1.1-5.0 acres 15% 5.1-10.0 acres 10% 5.1-10.0 acres 15% 10.1-20.0 acres 10% 10.1-20.0 acres 10% 20+ acres 10% 20+ acres 5% The table is a bit difficult to translate without context, but in most common developments, total removal allowed without replacement is usually 25%-30%. If removal is in excess of these amounts, replacement is required on an inch:inch basis. A tree with a diameter of 18”, for example, would need to be replaced with six 3” trees or nine 2” trees. Medina’s regulations do not differentiate by land use, which is fairly common in other communities. MEMORANDUM Agenda Item #7B Tree Preservation Page 2 of 8 September 19, 2023 Regulations City Council Meeting The ordinance only applies to “Significant Trees” which are defined as: “a healthy, deciduous Tree, measuring eight (8) inches in Diameter or greater, or a healthy coniferous Tree, measuring four (4) inches or greater in Diameter.” The ordinance allows removal of two significant trees from a parcel per year without a permit, and includes the following exemptions: (a) removal of invasive species of Trees (as defined by the Minnesota Department of Nature Resources) and the control of pioneering Tree species such as box elder when needed to manage other ecosystems and where the removal will not cause erosion or damage to riparian areas; (b) commercially-zoned properties which follow the zoning-specific requirements; (c) removal of a Tree that has been determined by a Forestry Specialist to be diseased; (d) removal of Trees in connection with an emergency that poses an immediate danger to life or property; (e) removal of Trees that are located in areas in the Three Rivers Park District-managed Morris T. Baker Park and the Department of Natural Resources-managed Wolsfeld Woods Scientific and Natural Areas; (f) removal of Trees that are significantly damaged by storms or natural disasters; or (g) removal of Trees within an existing Conservation Easement which is consistent with an existing private management plan. Comparison to other Communities Staff reviewed tree preservation regulations in other communities as background information. Following is a table summarizing the requirements: Two out of thirteen communities do not have specific tree preservation regulations for all development. Chaska regulates removal only along bluffs/steep slopes. Corcoran does not regulate tree removal in standard zoning but encourages during consideration of PUDs. Allowed Removal (Residential) Allowed Removal (Commercial)Replacement Notes Medina 25%-30% 25%-30%1 inch: 1 inch Plymouth 50%75%1.25 inch:inch $125/inch Maple Grove 50%70-80%2 inch:1inch Only applies in higher value wooded area Victoria 20%20%1 inch:1 inch replacement limited to 40 trees per acre; Replacement credit for saved woodlands Chanhassen Varies (see below) Varies (see below)Minimum canopy 1 tree = 1089 s.f. canopy (40 trees per acre) Minnetrista 30%30%1 inch: 1 inch Dayton 40%60%1 inch: 1 inch Lake Elmo 30%30%.25-.5 inch : inch .25 for boxelder, cottonwood, ash Eagan 40%48%1-6 trees:tree 4" replacmenet trees are tree:tree; softwood are 1/2 replacement Woodbury 30%30%.5 inch: 1 inch 1/8":1 for 'common'; 1/4":1" for evergreen Shorewood None None 2-3 trees/tree Limited to 8 trees/acre Chaska Not regulated Not regulated Only Bluff/steep slope removal regulated Corcoran Not regulated Not regulated Preservation encourged through PUD Tree Preservation Page 3 of 8 September 19, 2023 Regulations City Council Meeting Medina’s removal allowance is on the more stringent side of the comparisons. One community has a lower allowed removal percentage but has a limit on the amount of replacement which can be required (40 trees per acre). Three communities have limitation of 30%, but two of those communities have a lower replacement amount (0.5” per 1”). Maple Grove’s regulations only apply to woodlands identified in their natural resource inventory. Removal of trees scattered through a site or along tree lines would not be regulated. Chanhassen’s regulations (attached for reference) are unique amongst the communities. The regulations account for the “baseline canopy” of a site and different land uses. Their regulations establish a minimum amount of the site which is required to be tree canopy, which is adjusted based on how wooded the site is to begin with, and what land use is planned. A site with few trees, for example, may end up having to plant more trees than a development site which is partially wooded but which preserves trees. Staff believes it may be worth discussing whether Medina’s ordinance should consider existing tree coverage and land use as factors. Recommended Changes Administering the tree preservation ordinance over the past 16 years, staff has identified the following potential changes to be discussed. Staff presented these changes to the Planning Commission, and the consensus was that these changes were appropriate. Add language related to off-site planting or contribution to forest management fund In several developments, the amount of required tree replacement was too high to sustainably and practically plant on a subject site. The City’s practice has been to either allow planting in off-site locations within the City, or to accept a contribution to the City’s forest management/reforestation fund equivalent to the planting. The ordinance does not describe this allowance, so staff recommends that a provision be added to describe this practice. Language can be found on the top of page 8 of the ordinance. Exemption: Trees within public right-of-way or easement by public agency The primary strategy of the tree preservation ordinance is to encourage design which avoids as many trees as possible, not necessarily as a penalty for removing trees. In the case of street expansions and utility projects, the ability for public agencies to avoid trees is limited by the location of existing improvements and easements. As such, staff believes it is reasonable to exempt removal by public agencies. Recommended language can be found on the bottom of page 4 of the ordinance [Subd. 5(h)]. Exemption: Removal for improvements to existing public streets The City often requires construction of turn lanes on existing public streets adjacent to a development. Similar to the rationale for exempting removal by public agencies, staff believes it is reasonable to consider exempting trees which a developer would need to remove along the outside of a development site to add turn lanes to an existing street. It would not likely be practical to design improvements to avoid the trees. Recommended language can be found on the bottom of page 4 of the ordinance [Subd. 5(i)]. Tree Preservation Page 4 of 8 September 19, 2023 Regulations City Council Meeting Planted Trees The existing regulations references “credit for previously planted trees” [see Subd. 9(c)(vi)]. The current language suggests that previously planted trees can be considered as replacement trees if replacement is required in a project. The thought behind this type of provision is so there is not a disincentive for property owners planting trees in the years and decades prior to development or a construction project. Staff believes it may be reasonable and more straight-forward to exempt trees planted by the owner from consideration on the front end, rather than counting as replacement on the back end. Staff has suggested this language at the bottom of page 7, top of page 8. Replacement for Old Growth Forest The current Tree Preservation ordinance states that replacement for trees removed from an Old Growth Forest Remnant is required to be on a 2 inch:1inch basis. The ordinance notes that Old Growth Forest Remnants are identified within the City’s natural resource inventory. The City’s 2008 Inventory does not include sufficient detail to specifically identify Old Growth Forest remnants, although Wolsfeld Woods is known as Old Growth at the very least. There may be other remnants. One of the communities which was surveyed for comparison (Victoria) requires 2:1 replacement for “heritage trees,” so there is one example of a community which has a multiplier for replacement. In their case it is for older, larger trees. While the City could attempt to spend additional efforts to identify whether there are other remnants within the City, or remnants could be identified at the time of a tree survey on a specific site, staff believes other tools would be more effective to preserve these areas rather than relying on the tree preservation ordinance. Examples include land planning, acquisition, or requiring dedication of the land as park dedication. Staff has some concern about requiring a multiplier in terms of replacement. Staff has suggested language to remove this multiplier [See Subd. 9(c)(i) on page 7] Remove Ash Trees from Allowed Species With the emergence of Emerald Ash Borer (EAB) in the area, staff recommends removing ash trees from the list of allowed replacements. The ordinance does require diversification for replacement trees (no more than 25% of one species), which is best practice to limit impacts from future tree diseases and infestations. Additional Changes Recommended by the Planning Commission Standards by Land Use – Uptown Hamel The City’s current removal allowances are based on lot size, irrespective of planned land use. Several communities which were reviewed by staff established different regulations for allowed removal based on land use. Staff believes it may be advisable to consider regulations by land use. The Uptown Hamel district, for example, is intended to allow a more “urban” or Tree Preservation Page 5 of 8 September 19, 2023 Regulations City Council Meeting “downtown” style of development, has a lot of smaller lots and allows 90% coverage by buildings and parking. It likely is difficult to develop in this style while also preserving trees. Most sites do not have stands of trees to preserve, but they are instead scattered through the site. Staff believes it is appropriate to address this in the tree preservation ordinance. In the past, the City has accounted for land use differences through the “waiver” procedures which are described within the existing regulations. The waiver procedure is described on the bottom of page 5. The City has granted waivers in the case of land planned for more intensive uses, provided the applicant made efforts to preserve trees. The City Attorney recommends that, to the extent possible, the City should try to specify expectations for removal within the ordinance, rather than commonly relying on waivers to address such instances. The Planning Commission discussed whether it was appropriate to consider differing removal allowances for different land uses. The consensus of the Commission was that it seemed reasonable to regulate tree removal in Uptown Hamel differently because the objectives for this area in the Comprehensive Plan were unique amongst land uses in the City. Staff has recommended language which would require replacement on a ratio of 2 trees per removed tree in Uptown Hamel. Rather than establishing a different replacement calculation for Uptown Hamel, the ordinance could establish a different removal allowance. For example, since hardcover is permitted over 90% of a lot in Uptown Hamel, perhaps a higher removal allowance could be established. Alternatively, generally language similar to “Site Plans shall preserve existing trees to the extent practicable.” Staff believed a replacement per tree alternative may be the best alternative in Uptown Hamel to support replanting of some shade trees while still accounting for the more intensive development pattern in Uptown Hamel. This language can be found in Subd. 9 (c)(vii) on the bottom of page 8. Ash/Elm/Box Elder removal/replacement Several communities required a lower replacement amount for softwood trees such as box elder, cottonwood, and ash. The City’s current regulations include a provision that can exempt “removal of invasive species of Trees (as defined by the Minnesota Department of Nature Resources) and the control of pioneering Tree species such as box elder when needed to manage other ecosystems and where the removal will not cause erosion or damage to riparian areas.” Staff believes the original intent of this provision was for cases of tree/forest management, not as an exemption for removal of such trees during development. Nonetheless, relying on this language and the allowance of the waiver provision of the code, the City has reduced replacement requirements in several cases for lower quality trees such as cottonwood and box elder. If that is to be the practice, staff would recommend formalizing either the exemption or reduction in replacement for such trees. The Planning Commission discussed at the August meeting and generally agreed that a different standard was appropriate. Tree Preservation Page 6 of 8 September 19, 2023 Regulations City Council Meeting Several other communities address this issue by requiring half as much replacement for certain trees. Staff has suggested language which would lower the replacement requirement for trees such as Box Elder, Cottonwood, Willow, Aspen, and Poplar to ½. Staff has also added language for discussion which would lower the replacement for disease/insect susceptible trees (Ash and Elm) to tree:per:tree rather than inch:inch. There was some discussion during the Council update at the 8/15 meeting whether it was appropriate to encourage removal and replacement of Ash trees because of Emerald Ash Borer. Staff believes a low replacement requirement may provide such an encouragement. Draft language is included in Subd. 9(c)(i) on page 7. The Council may wish to discuss the following options on this subject: • Replacement ratio – the ½ ratio was suggested partially because it is a standard found in other communities. This amount could be adjusted or the “categories” be adjusted. • # of Tree:Tree – staff suggested a tree:tree replacement for Ash/Elm trees partly as a way to generate discussion. These trees could be assigned a replacement ratio instead of tree:tree as well. Similarly, trees such as Box Elder could be dealt with irrespective of size (for example, require 2-4 replacement trees per Box Elder). • Maximum Replacement per Tree – a “hybrid” approach could also be considered whereas replacement of certain trees could be calculated on an inch:inch basis, but, the replacement for each tree capped at a certain amount. For example, a 32” cottonwood tree could be limited to replacement of 4 trees. While there are many ways to approach different types of trees and situations, it should be noted that each different standard adds a level of complexity for both the applicant’s team and the City review. The Planning Commission discussed and believed the adjustment to the replacement requirements recommended by staff seemed appropriate. Commissioners raised concerns with additional complexity of multiple calculations and submittal requirements. Staff noted that the ordinance already requires tree surveys to identify species and size, so classifying the trees and quantifying differently should not be much more difficult. Other Topics Staff has identified several topics for additional discussion by the Planning Commission and Council for other potential changes. The Planning Commission discussed and did not believe it was necessary to make these changes to the regulations. Allowed Removal As noted above, Medina is one of the more stringent communities with regard to tree removal allowances. Medina is also unique in how removal for “initial site development” is accounted for separately from “other activities.” For commercial or multi-family sites which do not have public streets, this two-part approach can actually result in a more restrictive allowance because Tree Preservation Page 7 of 8 September 19, 2023 Regulations City Council Meeting a project may need to remove more trees for a larger building/parking footprint rather than for streets. The Planning Commission discussed and the consensus was that, with some adjustments to the Uptown Hamel district, the standards were appropriate to address the objectives of the City. PUD as incentive for preservation The Planned Unit Development (PUD) ordinance identifies the following as one of the purposes of the City considering a PUD: “The preservation, enhancement, or restoration of desirable site characteristics such as high quality natural resources, wooded areas, wetlands, natural topography and geologic features and the prevention of soil erosion.” Staff believes this language is sufficient for the City to provide flexibility for a developer to design a site to preserve wooded areas. Because the City has the discretion in determining whether to approve a PUD, the Planning Commission and Council will need to balance the tree preservation goals against other interests which may be raised by residents (minimum lot size, unit count, type of dwelling, etc.). The PUD can be a good tool, but the developer would need to realize sufficient value from the flexibility granted to make the project more desirable for them as well. The Planning Commission believed existing language was sufficient to encourage preservation through a PUD. Density Bonuses/Transfer of Development Rights Maple Grove’s ordinance includes language which allow a property owner to transfer development rights from wooded acreage to other sites and allows the City to grant density bonuses for preserving wooded areas. The PUD process provides some ability to “transfer” density from one portion of a site to another, at the discretion of the City. Density would need to be consistent with the Comprehensive Plan, which does allow +20% density “for developments that protect the natural features or exceed other standards of the zoning district.” Staff believes it is fair to interpret that the existing PUD ordinance would allow this +20% density at the discretion of the City for woodland preservation. If the Planning Commission and City Council wanted to emphasize this incentive, it may be advisable to add the language more explicitly in either the Tree Preservation ordinance or the PUD ordinance. While the PUD ordinance would certainly allow flexibility in lot size and layout to shift the location of buildings within a development site, the City does not explicitly address transfer of development rights BETWEEN sites. Such transfers are often suggested conceptually in studies as a tool to preserve desirable features, but are not widely utilized. Transfers may be challenging to administer and track over time. Maple Grove has had this option in their regulations for a number of decades of extensive development, and was utilized only a few times. Density bonuses were utilized much more often. The City likely could regulate a transfer of development rights through a PUD process (even for non-contiguous sites) if the opportunity ever presented itself. However, the likelihood is much lower if the option is not explicitly described in code. Tree Preservation Page 8 of 8 September 19, 2023 Regulations City Council Meeting Staff seeks feedback on whether bonus density language should be emphasized in code, or if transfer of development rights language should be added. The Planning Commission believed that the Comprehensive Plan and PUD language was sufficient to allow for density bonuses if deemed appropriate by the City. The Commission did believe in crafting regulations to allow a transfer of development rights was likely overly complicated, and if there was ever was an opportunity, the City could likely address through a PUD process. Park Dedication credit The City can require 10% of buildable land from any subdivision to be dedicated to the City for Parks, Trails, and Open Space. This provides a fairly powerful tool to preserve the highest priority wooded areas. Requiring dedication of wooded areas would compete with requiring dedication of lands for active recreation (parks/trails) or obtaining cash-in-lieu of dedication. The City would also then obtain property rights over the wooded area. Several communities note that the City would provide some credit toward park dedication requirements if wooded areas are preserved within a development site. Staff believes there may be an opportunity to provide credit for preserved woodland areas. If such lands were preserved, but not open to the public, partial park dedication credit could be considered. The Planning Commission did not recommend adding specific language, and noted that the City could already utilize Park Dedication without additional language. Planning Commission Recommendation/Potential Action The Planning Commission discussed the ordinance at the August and September meetings. Excerpts from this discussion is attached for refence, and the Planning Commission recommendations were reference throughout this report. Following discussion, the Planning Commission unanimously recommended approval. Staff seeks feedback and direction from the City Council on the subjects discussed above. There is not necessarily a required timeframe for adoption of amendments. If the City Council needs additional information or discussion, the ordinance can be continued to future meetings. Once the City Council has completed review, the following action can be taken: Motion to direct staff to present the ordinance related to Tree Preservation for action at the following consent agenda [with the following recommended changes, if any]. Attachments 1. Ordinance 2. Excerpt from 8/8/2023 Planning Commission minutes 3. Excerpt from draft 9/12/2023 Planning Commission minutes 4. Chanhassen regulations Ordinance No. ### 1 DATE CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE AMENDING CHAPTER 8 OF THE CITY CODE PERTAINING TO TREE PRESERVATION AND REPLACEMENT The City Council of the City of Medina ordains as follows: SECTION I. Section 828.41 of the code of ordinances of the City of Medina is amended by adding the underlined language and deleting the struck through language as follows: Section 828.41. Tree Preservation and Replacement. Subd. 1. Purpose. The purpose of this ordinance is to promote, within the city, development that retains Medina’s rural character, in which the natural environment is the dominant feature. Trees and landscaping are a major component of the natural environment, and the city recognizes that preservation and replanting of trees is important in order to maintain a healthy and desirable community. The city further recognizes that a certain amount of tree loss is an inevitable consequence of the development process, but that the reforestation of this valuable renewable resource will ultimately provide a long- term environmental and economic benefit. Subd. 2. Function. The function of this ordinance includes but is not limited to: (a) improving air quality; (b) reducing noise pollution; (c) improving water quality; (d) preventing of soil erosion; (e) conserving energy by providing natural insulation and shading; (f) reducing the urban heat island effect; (g) increasing property values by establishing tree buffers that provide privacy protection between conflicting land uses; (h) providing habitat for wildlife, including birds that help control insects; (i) enhancing the city’s physical and aesthetic environment; and (j) enhancing the quality of life and the general welfare of residents. Subd. 3. Definitions. The following words and terms, wherever they occur in this ordinance, are defined as follows: (a) “Best Management Practices” (“BMP”) are the Erosion and sediment control practices as well as conservation or Low Impact Development principles related to Tree preservation and removal, that are the most effective and practicable for controlling, preventing and minimizing negative impacts on existing Trees, minimizing soil exposure and protecting tracts of Woodland and Old Growth Forest Remnants. (b) “Crown Cover” is the protective canopy created by the overlapping leafy heads of Ordinance No. ### 2 DATE Trees that shelters the habitat beneath it. (c) “Development Site” is the surveyed parcel, or site, including those improvements that occur on-site or adjacent to the Development Site or spoil site locations. A Development Site includes both the Primary and Secondary Construction Zones. (d) “Diameter” is the width of a Tree’s trunk, measured at four (4) feet above the ground. (e) “Dripline” is the farthest distance away from the trunk of a Tree that rain, or dew, will fall directly to the ground from the leaves or branches of the Tree to the roots. (f) “Forestry Specialist” is a person certified in urban forestry functions and management, who has been retained by the city, or an applicant. (g) “Initial Site Development” is the grading and construction of streets, trails, and sidewalks; the installation of utilities, including water, sanitary sewer, storm sewer, natural gas, electric, and cable television; or the grading and construction of drainage ways and storm detention areas. (h) “Lost Trees” are Significant Trees in areas to be preserved but that die as a result of construction or Development Site improvement activities and must be replaced at the same ratio as Significant Trees. Such Trees shall be considered Lost Trees when they die as a result of: (i) grade change or land alteration, whether temporary or permanent, of greater than one (1) foot, measured vertically and affecting forty (40) percent, or more, of the Tree’s root zone (the area under a Tree that is at and within the Dripline of the Tree); (ii) secondary construction activities that result cutting forty (40) percent, or more, of the Tree’s root zone (the area under a Tree that is at and within the Dripline of the Tree); (iii) mechanical injury to the trunk of a Significant Tree, causing the loss of thirty (30) percent, or more, of the bark at a specific part of the Tree; or (iv) compaction to ninety (90) percent of a depth of six (6) inches, or more, of forty (40) percent, or more, of the Tree’s root zone (the area under a Tree that is at and within the Dripline of the Tree). (i) “Low Impact Development” or “LID” means multi-functional site design, streetscapes and architecture that maintains and restores vital terrestrial ecological processes necessary to protect the ecological integrity of the land. (j) “Natural Resources Inventory” is a document developed by the city that denotes where regionally significant natural resources are located within the city. Ordinance No. ### 3 DATE (k) “Principal Structure” means any building or structure on the property in which the main use of the property takes place. (l) “Private Road” means a privately owned (or controlled) and maintained drive, street, road, lane, or any improved or unimproved surface, not dedicated to a governmental entity as a public road, which provides the primary means of vehicular ingress and egress from a public road to two or more dwelling units, lots, parcels or principal buildings, whether created by a private right-of way, easement, or other device. (m) “Old Growth Forest Remnant” is a natural forest remnant that is one acre or greater, that has developed over a long period of time, generally around 100 years, with young, middle-aged and old Trees present. It is dominated by shade tolerant species, such as sugar maple and basswood. All Old Growth Forest Remnants are identified in the city’s current Natural Resource Inventory or in the current Natural Areas and Community ID Numbers map which are available at city hall. (n) “Replacement Trees” are Trees that replace removed Significant Trees. (o) “Significant Tree” is a healthy, deciduous Tree, measuring eight (8) inches in Diameter or greater, or a healthy coniferous Tree, measuring four (4) inches or greater in Diameter. (p) “Subdivision” means the separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or other use or any combination thereof, except those separations: (1) where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses; (2) creating cemetery lots; (3) resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. (q) “Tree” is a woody plant, which at maturity, is thirteen (13) feet or greater in height and that has a more or less defined crown. (r) “Tree Preservation and Replacement Plan” is a certified survey, which shows the location and species of all Trees to be preserved, removed, or disturbed, and the location of Replacement Trees within the site. (s) “WCA” means the “Wetland Conservation Act,” Minnesota Statutes Sections 103G.222-.2373. (t) “Woodland” is a group of Significant Trees and understory plants that are one (1) acre or greater in size and non-species specific, with a Crown Cover of fifty (50) percent or greater. Old Growth Forest Remnants are a species-specific type of Woodland. Ordinance No. ### 4 DATE Subd. 4. Applicability. This ordinance shall apply to any of the following circumstances: (a) removal of more than two (2) Significant Trees on any property, developed or undeveloped, within a given calendar year, except as exempted by subdivision 5 of this section. (b) any formal land use application to the city that is to be zoned residential, including, but not limited to, Subdivisions, minor Subdivisions, site plans, rezoning and conditional use permits; (c) site improvements requiring a building, grading, driveway, sign or WCA permit; or (d) redevelopment of a legal non-conforming Principal Structure. Subd. 5. Exemptions. The following activities are exempt from the requirements of this ordinance: (a) removal of invasive species of Trees (as defined by the Minnesota Department of Nature Natural Resources), noxious trees such as buckthorn, and the control of pioneering Tree species such as box elder when needed to manage other ecosystems and where the removal will not cause erosion or damage to riparian areas; (b) commercially-zoned properties which follow the zoning-specific requirements; (c) removal of a Tree that has been determined by a Forestry Specialist to be diseased; (d) removal of Trees in connection with an emergency that poses an immediate danger to life or property; (e) removal of Trees that are located in areas in the Three Rivers Park District-managed Morris T. Baker Park and the Department of Natural Resources-managed Wolsfeld Woods Scientific and Natural Areas; (f) removal of Trees that are significantly damaged by storms or natural disasters; or (g) removal of Trees within an existing Conservation Easement which is consistent with an existing private management plan. (h) Removal of Trees by a public agency upon public land, right-of-way, or easement for the installation of public improvements. (g)(i) Removal of Trees related to improvements to existing public roadways adjacent to a development site or extension of utilities to a development site which are required by the City as a condition of land use application approval. Formatted: List Paragraph, No bullets or numbering,Widow/Orphan control Formatted: List Paragraph, No bullets or numbering,Widow/Orphan control Ordinance No. ### 5 DATE Subd. 6. Allowed Tree Removal. (a) The following amount of Significant Trees may be removed from a site and replacement shall not be required. Initial Site Development Activities other than Initial Site Development Total property area included in the land use application or served by improvements Allowed percent of Significant Trees that may be removed Lot Size Allowed percent of Significant Trees that may be removed 0.1-1.0 acre 15% 0.1-1.0 acre 20% 1.1-5.0 acres 15% 1.1-5.0 acres 15% 5.1-10.0 acres 10% 5.1-10.0 acres 15% 10.1-20.0 acres 10% 10.1-20.0 acres 10% 20+ acres 10% 20+ acres 5% (b) For activities that include the Subdivision of property or dedication of public or private right-of-way, the allowed number of Significant Trees that may be removed for Initial Site Development shall be based on the lot size prior to Subdivision. After the property is subdivided, the allowed number of Significant Trees that may be removed shall be based on the individual lot sizes within the Subdivision. Subd. 7. Waiver. A waiver, of the number of Trees required to be replaced, may be granted by the city council, in its full and absolute discretion, on a case-by-case basis for circumstances where the applicant has exhausted all reasonable design options for the Development Site. An applicant shall be eligible for a waiver only if he or she implements all Best Management Practices listed in Subdivision 8 of this ordinance. Waivers associated with a land use application shall be considered by the city council at time of the review of the application and shall not be considered after this review is approved. Subd. 8. Standards Governing Tree Preservation, Protection and Planting. The following Best Management Practices shall be used for those Development Sites that utilize conservation easements that protect Old Growth Forest Remnants or Development Sites that are requesting waivers from certain requirements of this section: (a) Realignment of proposed streets and utilities in order to avoid Tree removal; (b) Reduction of required street width and increase of street grade up to an eight (8) percent slope by the city when the applicant can demonstrate that these changes result in Tree preservation; Ordinance No. ### 6 DATE (c) The use of Private Roads in lieu of public streets; (d) Variation in street radius and speed design; (e) Modified grading plans; (f) Flexible lot lines; (g) Alternative utility configurations, such as the use of ejector pumps, force mains, or revised home elevations to minimize grading; (h) The use of flexible development standards, such as clustering of homes, in order to preserve Old Growth Forest Remnants, Significant Trees and open space; (i) The preservation of unique and rare Tree species or communities identified in the Natural Resource Inventory; and (j) The use of Low Impact Development principles. Subd. 9. Tree Preservation and Replacement Requirements. For all activities that are subject to this section, a Tree Preservation Plan must be submitted by the applicant for review and approval by the city. To the extend extent possible, Significant Trees and Trees located within Old Growth Forest Remnants, Woodlands and natural habitat areas shall be preserved. The Tree Preservation Plan shall include the following information: (a) Tree Inventory. The Tree inventory shall identify Significant Trees on the property. It shall include: (i) The location of and a list of all Significant Trees by species. In cases involving large stands of Trees, an applicant may, with city staff review and consent, show the area on the site plan and use a representative sample in order to calculate the number and species of Significant Trees. The list shall be provided in table and electronic spreadsheet format and shall quantify Significant Trees by the following categories: A. Disease/Insect Susceptible Trees (Ash and Elm). B. Common Trees (Aspen, Box Elder, Cottonwood, Poplar, and Willow). C. Coniferous Trees. D. Hardwood Trees (Basswood, Birch, Catalpa, Cherry, Hackberry, Hickory, Ironwood, Locust, Maple, Oak, and Walnut). (ii) Significant Trees that are proposed to be removed. They shall be marked with an “X” on the site plan. The Diameter of each removed Significant Tree, in inches, shall also be noted. (iii) Identification of areas within Old Growth Remnant Forests, as defined by the Natural Resources Inventory. If an applicant wishes to adjust the area Ordinance No. ### 7 DATE based on fieldwork, city staff must review and approve of any adjustment. (iv) A list of any ecologically unique and/or significant areas on the Development Site that are identified in the Natural Resources Inventory report. (b) Identification of the locations of any protective fencing and any other measures that will be taken to preserve the Trees. Protective fencing must be placed at least one foot beyond the Dripline of all Trees to be preserved. Any Trees lost as a result of construction activity will be counted when determining the amount of Trees that were removed, which may cause additional Replacement Trees to be required. (c) Tree Replacement Plan. If the proposed removal of Significant Trees exceeds that allowed by subdivision 6 of this section, Tree Replacement will be required and a Tree Replacement Plan will need to be submitted to the city for review and approval by the city council. The Tree Replacement Plan shall be certified by a Forestry Specialist. It shall contain the following information for each Replacement Tree. (i) (i) Number and Size of Trees to be Replaced. For Significant Trees located within an Old Growth Forest Remnant or other significant area identified by the Natural Resources Inventory, a Tree Replacement ratio of a Diameter of two (2) caliper inches per one (1) inch of removed Significant Trees and Lost Trees is required. For all other areas containing Significant Trees, a Tree Replacement ratio of a Diameter of one (1) caliper inch per one (1) inch of removed Significant Trees and Lost Trees is required. Required Replacement shall be provided as follows: A. Disease/Insect Susceptible Trees (Ash and Elm) shall be replaced at a ratio of at least one (1) Replacement Tree per one (1) Significant Tree removed. B. Common Trees (Aspen, Box Elder, Cottonwood, Poplar, and Willow) shall be replaced at a ratio of one-half (½) inch Replacement Tree per one (1) inch of removed Significant Tree. C. Coniferous Trees shall be replaced at a ratio of one (1) inch Replacement Tree per one (1) inch of Significant Tree removed. D. Hardwood Trees (Basswood, Birch, Catalpa, Cherry, Hackberry, Hickory, Ironwood, Locust, Maple, Oak, and Walnut) shall be replaced at a ratio of one (1) inch Replacement Tree per one (1) inch of Significant Tree removed. (ii) Type of Replacement Trees. All Replacement Trees shall be native trees as defined by subdivision 10 of this section. All Replacement Trees shall be appropriate for the soil conditions found at the planting site. All Replacement Trees shall be from certified nursery stock and shall not be bare root stock. If more than twelve (12) Replacement Trees are required on a Development Site, there shall be no more than twenty-five (25) percent of the same species. (iii) Minimum Size of Replacement Trees. All deciduous Replacement Trees Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Indent: Left: 1", No bullets or numbering Formatted: Font: (Default) Times New Roman, 12 pt Formatted: List Paragraph, Numbered + Level: 2 +Numbering Style: A, B, C, … + Start at: 1 + Alignment:Left + Aligned at: 0.75" + Indent at: 1" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Ordinance No. ### 8 DATE shall be a Diameter of at least two (2) caliper inches in size. All coniferous Replacement Trees shall be at least four (4) feet in height, which shall be equivalent to two (2) replacement inches. (iv) Placement of the Replacement Trees. All Replacement Trees shall be planted within the Development Site, in a non-patterned arrangement, duplicating natural conditions whenever possible. Replacement Trees may be planted in an alternative location if that location is approved by the city council. (v) Survival of Replacement Trees. All Replacement Trees must survive for at least two growing seasons from the date of planting before the city will refund the financial guarantee required by subdivision 13 of this section. In the event that a Replacement Tree dies or has severely declined (25% of crown has died) before the two growing seasons have passed, it shall be replaced with a Tree of the same caliper inch size. The new Tree must survive for two growing seasons from the date of its planting before the city will refund the financial guarantee. (vi) Credit for Previously Planted Trees. Trees which have been previously planted by the current property owner shall be exempt from the Replacement requirements of this section. Such Trees shall be excluded from the total number of Trees when calculating the allowed Removal and Replacement requirements. An applicant may, if they have previously planted Trees on the property while the property was under their ownership, receive credit for these Trees as part of the Replacement Plan. The Trees must meet the requirements of Replacement Trees stated above. The applicant must produce proof, acceptable to the city, that the planting of the trees occurred under the applicant’s ownership of the property. Credit for each previously planted Tree shall be granted based on the minimum size Replacement Tree allowed under this ordinance, unless the applicant is able to provide proof as to the size of the Tree at the time of planting. (vii) Replacement Trees in Uptown Hamel. Notwithstanding anything herein to the contrary, if Replacement Trees are required within the Uptown Hamel zoning district, they shall be provided at a ratio of two (2) Replacement Trees per Significant Tree removed, except Disease/Insect susceptible trees (Ash/Elm) shall be provided at a ratio of one (1) Replacement Tree per Significant Tree removed. (d) Off-site Replacement; Contribution to City Environmental Fund. If required Tree Replacement is not practicable on the subject site because, in the City’s discretion, insufficient space exists to plant the Replacement Trees, an applicant may propose to plant in other locations in the City. Alternatively, an applicant may contribute an amount described in the City’s fee schedule to the City’s Environmental Fund for the purpose of forest management. The contribution shall be based upon the estimated cost equivalent to planting the required amount Ordinance No. ### 9 DATE of Replacement Trees. (e) Amendments. A Tree Preservation or Replacement Plan may need to be amended after it has been approved by the city council. Requests for amendments shall be submitted to the Zoning Administrator prior to the issuance of the Tree Replacement permit. The city’s Zoning Administrator shall have the authority to approve minor amendments. Request for amendments after the Tree Replacement Permit has been issued shall be considered by the City Council. Subd. 10. Native Trees. The following is the list of Trees that are native to Minnesota for purposes of this section as specified by the Minnesota Department of Natural Resources’ “Field Guide to the Native Plant Communities of Minnesota, the Eastern Broadleaf Forest Province.”: (a) Ash, Black (Fraxinus nigra) RESERVED (b) Ash, Green (Fraxinus Pennsylvanica) RESERVED (c) Ash, White (Fraxinus Americana) RESERVED (d) Aspen, bigtooth (also called largetooth aspen, poplar, popple)(Populus grandidentata); (e) Aspen, quaking (also called trembling aspen, poplar, popple)(Populus tremuloides); (f) Basswood, American (Tilia Americana); (g) Birch, paper (Betula papyrifera); (h) Birch, river (Betula nigra); (i) Birch, yellow (Betula alleghaniensis); (j) Butternut (Juglans cinerea); (k) Cedar, northern white (Thuja occidentalis); (l) Cherry, black (Prunus serotina); (m) Cherry pin (Prunus pensylvanica); (n) Elm, American (only Dutch Elm Disease resistant cultivars) (Ulmus Americana); (o) Fir, balsam (Abies balsamea); (p) Hackberry (Celtis occidentalis); (q) Hophornbeam, eastern (also called ironwood) (Ostrya virginiana); (r) Hickory, bitternut (Carya cordiformis); (s) Hickory, shagbark (Carya ovata); (t) Honeylocust (Gleditsia triacanthos); (u) Hornbeam, American (also called blue beech)(Carpinus caroliniana); (v) Maple, black (Acer nigrum); (w) Maple, red (Acer rubrum); (x) Maple, silver (Acer saccharinum); (y) Maple, sugar (Acer saccharum); (z) Mulberry, red (Morus rubra); (aa) Oak, black (Quercus velutina); (bb) Oak, bur (Quercus macrocarpa); (cc) Oak, northern red (Quercus rubra); (dd) Oak, northern pin (also called Hill oak)(Quercus ellipsoidalis); Ordinance No. ### 10 DATE (ee) Oak, swamp white (Quercus bicolor); (ff) Oak, white (Quercus alba); (gg) Pine, eastern white (Pinus strobes); (hh) Pine, jack (Pinus banksiana); (ii) Pine, red (also called Norway pine)(Pinus resinosa); (jj) Spruce, black (Picea mariana); (kk) Spruce, white (Picea glauca); (ll) Tamarack (also called eastern or American larch) (Larix laricina); and (mm) Walnut, black (Juglans nigra). (nn) Willow, Black (Salix nigra) (oo) Willow, Peachleaf (Salix amygdaloides) (pp) Willow, Heartleaf (Salix eriocephala) Subd. 11. Permit Required. Any activity regulated by this section shall require the applicant to obtain a Tree Preservation permit from the city. The application shall include a Tree Preservation and Replacement Plan (if required) for the Development Site. The application shall also include payment of a permit fee which shall be set by ordinance by the city council from time to time. Subd. 12. Financial Guarantee for Tree Replacement. In the event that Tree Replacement is required, the applicant shall submit a financial guarantee, in a form acceptable to the city at the time of obtaining the Tree Replacement Permit. The financial guarantee must be for at least two growing seasons in order to ensure both the planting and the survival of the Replacement Trees. If no Replacement Trees are required, the City may require a financial guarantee that will ensure that in the event that any existing Significant Trees are damaged or killed at time of development, they will be replaced by Replacement Trees. No financial guarantee shall be required when there are no Significant Trees on the property. Subd. 13. Violations. It shall be a violation of this section for any person, firm or corporation, to destroy the number of Significant Trees beyond the limits established by this section. The Zoning Administrator shall determine non-compliance with this section, subject to review by the city council. The destruction or partial destruction of any Significant Trees in violation of this section shall be considered a violation and may result in revocation of the Tree Replacement permit or an action against the financial guarantees. Subd. 14. Penalties. Any person convicted of violating this section shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment as specified by state statute. Such penalty may be imposed in addition to an action against the financial securities, suspension or revocation of the Tree Replacement permit. Ordinance No. ### 11 DATE SECTION II. The City’s fee schedule is hereby amended by adding the following fee: Contribution in-lieu of planting Replacement Trees $100 per caliper inch SECTION III. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this _____ day of _______, 2023. _____________________________ Kathleen Martin, Mayor Attest: _________________________ Caitlyn Walker, City Clerk Published in the Crow River News on the ______ day of _____________, 2023. Medina Planning Commission Excerpt from 8/8/2023 Minutes 1 Public Hearing–Ordinance Amendment–Chapter 8 of the City Code Related to Tree Preservation Finke stated that the existing regulations were summarized within the report, noting the two-tier removal allowance. He stated that most developments fall within 25 to 30 percent allowed tree removal. He stated that staff reviewed the regulations of neighboring communities for comparison and noted that it seems common to have inch per inch replacement required. He commented that Medina is on the lower end of the allowance noting that a number of communities have discounted the lower value trees. He stated that Medina has a waiver provision for portions of replacement and noted that provision has been used in cases where there are a lot of lower value trees. He stated that the City Attorney has suggested that process be more formalized rather than following the waiver provision. He noted that there were some outliers when reviewing other communities, such as Corcoran which does not have a tree preservation ordinance and Chanhassen which established a minimum canopy amount. He provided details on an appeals court case related to tree replacement requirements. Jacob asked if there is an inspection of trees to ensure the replacement is followed. Finke explained the inspection process that is followed to ensure the trees are planted and survive the two-year warranty period. Jacob asked if the ordinance only applies to new construction or whether it would apply to a homeowner that chose to clear cut their property they have been living in for a number of years. Finke replied that the ordinance does cover all properties. He noted that two trees can be removed without application of the ordinance, but any additional removal would need a permit. He stated that the permitting for the property would then be tracked to ensure a property does not go over the removal threshold. Popp referenced some definitions, such as old growth terminology and asked if that is discretion based or an actual definition. Finke stated that old growth forest remnant is a defined forestry term from the state/DNR and therefore he would not suggest adjusting that definition. Popp commented that he would guess that mature trees are declining and therefore there may not be a lot of trees exceeding 100 years in age. Finke stated that it is not just the age but the multi-age diversification. Jacob asked about trees that are poorly sited on a property. Finke commented that there is an exemption for trees that would be a hazard. Nielsen asked if there is a project on the horizon that is leading toward prompting these changes, as sometimes ordinance changes are reactive. Finke replied that there is not such a project and explained that there have been previous experiences in development that have suggested that it would make sense for the City to review the ordinance. He commented that the thought behind the policy is not to punish people for removing trees, but that the ordinance should incentivize a design that is least impactful to trees. He stated that the ordinance does not prohibit tree removal, it simply requires replacement and/or payment at a certain threshold. He Medina Planning Commission Excerpt from 8/8/2023 Minutes 2 reviewed the recommended changes that would formalize past practices such as allowing off-site replacement of trees and/or a contribution to the City’s environmental fund for forest management, and the public agency exemption for tree removal within the right-of-way. Nielsen asked if other cities require tree replacement for right-of-way removal. Finke replied that he could look into that. He noted that while the City would replant trees where appropriate, he would also not want to require tree calculations along a road corridor and payment by the City to the City’s own fund, essentially transferring funds from the road fund to the environmental fund. He reviewed the next proposed change which would exempt tree removal on the boundary of a property that becomes right-of-way to support a road improvement such as a turn lane. He stated that there is language within the existing ordinance that would allow planted trees to be claimed as credit for tree replacement that may be required, and staff would suggest changing that to allow planted trees to be exempt as they do not want to disincentivize people from planting trees on their property. Rhem commented that he is confused by that concept and asked for additional clarification. Finke replied that it is supposed to work in the manner that trees planted would count towards replacement but could also be counted as a denominator in the calculation. He explained that the City has not enforced it in that manner. He reviewed different scenarios with the Commission and how the exemption would apply. Nielsen asked how someone would prove the number of trees that they planted. Jacob asked how trees that voluntarily grow would be counted. Finke stated that would be part of the discussion process. He used the example of Marsh Point which was a farm field in the 1980s and additional trees were planted for landscaping, which led to volunteer trees that became significant. He stated that in that case they exempted the landscaped trees as part of the PUD process. Rhem asked how often the planted tree provision has been used. Finke replied that he is aware of three developments that used that provision. Rhem commented that this is a very complicated and difficult to enforce provision, no matter how the language is written. Finke noted that aerial photos have been used in past scenarios. Rhem asked if that exemption should be reviewed in its entirety as they review the Code, asking if there is benefit in having the provision. Nielsen stated that she reviewed the provision as it is within the Code and it is fairly clear, therefore she is fine leaving it as is. Popp commented that he is also okay with how it reads. He stated that he does have concern with the transfer in ownership and how that would apply. Nielsen stated that a developer would seem to have trouble selling a development without any trees. Medina Planning Commission Excerpt from 8/8/2023 Minutes 3 Finke stated that staff suggests removing the old growth forest provision as it would seem not to apply to Medina. Popp commented that if it is not relevant today, it would most likely not be relevant in the future. Jacob commented that he would think there is less deforestation and more forestation, therefore it may become more applicable in 50 years. Finke commented that he would think there would be better tools in place should an old growth area come to fruition in order to protect it, rather than requiring two to one replacement of removed areas. Popp agreed that would make sense. Finke stated that staff suggests removing ash trees from the allowed trees to be planted. Popp asked the type of process that would allow that species to reenter the list. Finke stated that staff would track it and if an EAB resistant ash tree is developed, it could come back similar to elms. He noted that those are the changes as proposed and the remainder are simply items for discussion. He noted that the City is on the lower end of allowed removal compared to other cities and asked for confirmation that is where the City would like to be. He did not think there had been discussion about changing those percentages and simply wanted to point out where the City falls compared to others. Rhem commented that he believes the two-tiered system is probably overly complex compared to other cities. He stated that he is fine with where the City is compared to the other cities but thinks the two- tiered system could be simplified to make it easier for applicants and staff. Finke confirmed that there is comfort from the Commission with the percentages but perhaps that could be calculated in a simplified manner. He provided density bonus incentives used by other communities, specifically Maple Grove, which actually allows a transfer. He noted that ability to transfer would be almost impossible in Medina because of the land of land available. He stated that staff could use the density bonus under the current PUD process. Rhem commented that he would be comfortable leaving the process as is, using the PUD process for density bonus consideration. Finke noted that if someone owned two sites, one with a lot of trees and one without trees, he would think the density transfer could still be considered through the PUD process. Plec noted that if the language is not specifically within the ordinance, a developer may not propose such a situation. Finke confirmed the consensus of the Commission to leave that language as it is. He noted that most cities differentiate between types of development, such as commercial and residential, whereas Medina does not. He provided an example of areas within Uptown Hamel that have large, landscaped trees that would have had significant impact on commercial development. Rhem commented that example would be inconsistent with what they are attempting to achieve in Uptown Hamel. Medina Planning Commission Excerpt from 8/8/2023 Minutes 4 Popp agreed that would challenge the vision for Uptown Hamel but was uncertain he would want to extend the change beyond that area. Jacob commented that there are some large silver maples on adjacent residential properties, and he would not want to see those cut down and replaced with two-inch trees. He noted that perhaps park dedication could be used to assist in preserving those trees. Finke confirmed the consensus of the Commission to lessen the replacement requirements in Uptown Hamel. He moved to the topic of park dedication noting that is a tool that could be used for tree preservation and provided suggestions of how that could potentially be used. Nielsen commented that using park dedication would seem to make things more complicated. Rhem agreed that would make calculations more complicated. Finke discussed the concept of reducing the replacement requirement of certain species such as boxelders and other less desirables. He noted that previously adjustments for large quantities of those species has been done through waiver. Nielsen confirmed that she would support a lesser replacement for those types of trees. Finke asked if inch per inch replacement also makes sense for the trees. Jacob noted that they would need to consider future growth for certain trees, over density to ensure long term health and success. Finke used the example of another community that requires two trees to be planted for each tree removed. He referenced the scenario where a large tree is removed and using inch per inch replacement, that would result in many small trees being planted. He stated that he understands the concept but perhaps a cap is placed on the number of trees needed to replace a large tree to ensure they do not have that overcrowding. Jacob stated that he would support the concept of a cap. Popp commented that he would have a hard time commenting on that as he does not necessarily have that forestry expertise. Finke commented that ultimately a site cannot be designed to avoid all the trees, therefore this would be designed to recommend the number of replacement trees and/or amount that would need to be paid into the environmental fund. Nielsen commented that she would be uncomfortable placing a cap on replacement trees. Finke agreed that may not be needed, especially if they are going to reduce the replacement required for boxelders and the other less desirables. Rhem opened the public hearing at 8:10 p.m. No comments. Rhem noted that the public hearing will be continued at the following meeting. Medina Planning Commission Excerpt from Draft 9/12/2023 Minutes 1 Public Hearing–Ordinance Amendment – Chapter 8 of the City Code Related to Tree Preservation Rhem noted that this is a continuation of the public hearing from the last meeting. Finke stated that the draft resolution includes the changes as discussed at the last meeting and provided a brief summary of those changes. He stated that the ordinance as proposed also adjusts the replacement ratios for Uptown Hamel and provided a summary as well as additional options that could be considered for that area. He stated that there was additional discussion related to less desirable trees and reviewed proposed regulation on how those trees could be addressed within the ordinance. He also provided examples used by other communities. Rhem commented that the layers of complexity would seem to go against the intent to simplify the ordinance. He commented that as drafted it would seem relatively burdensome. He acknowledged that it would make sense to incentivize removal of diseased trees, or low value trees, rather than high value trees, but the process seems burdensome. Finke stated that the survey would already be completed, and the intent would be to require that information to be provided on an electronic spreadsheet to make calculations and changes easier. He noted that staff is already doing the work on the fly without these guides. Jacob noted that ultimately you need to consider what you want the lot to look like in terms of the canopy. Finke noted that the City avoids the situation of overplanting and in those situations where trees would not be viable if replanted in the required numbers through payment to the reforestation fund. Ahmed used the Meander Boardwalk site as an example and asked how this would apply to a certain area. Finke replied that area is not being purchased and therefore would not be touched as part of that project. He commented that in that type of scenario where trees are out of the way, removal of those trees would be more likely to be avoided as a result of the regulations. Rhem commented that he is comfortable with the changes but asked if it could be simplified, although he did not have a suggestion on how that could be done. Nielsen commented that while she does not disagree, staff is in charge of enacting these regulations and therefore feels comfortable if staff is proposing that type of calculation. She liked the idea of requiring the electronic spreadsheet. Finke asked and received confirmation that the Commission supports the language as presented related to ash and elm trees. Rhem asked the type of impact that would have on the reforestation fund, as that fund could be used to mitigate ash trees. Nielsen asked if staff is comfortable with the language as drafted, as staff would be implementing the regulations. Finke stated that in terms of implementing, he is not concerned. He stated that idea of the impact on the reforestation fund is a good point as that would be a significant reduction. He recognized that while the payment into the fund for a large diseased tree is helpful, there should also be consideration that the tree would ultimately need to come down at some time in the future at a cost as well. Medina Planning Commission Excerpt from Draft 9/12/2023 Minutes 2 Rhem noted that the Council could have additional discussions about the impact to the reforestation fund. Motion by Nielsen, seconded by Rhem, to recommend approval with the additional requirement that the tree survey be submitted as an electronic spreadsheet. Motion carries unanimously. (Absent: Piper, Plec, and Popp) Rhem closed the public hearing at 8:04 p.m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`a@5`8>G] &.#)1**#% (.'&#) a5`;<>>Gb",&'()(#,$' c75`d7DE9e" $*"))++Y f`[77?>@<9@<:V )*"&"),&'/$' f6@8cE5`<G<g ."&'(#,$' c@>56[h@?<>g ."&'+'+^$#i $' c@>56[==<>]'.'&+')+ *#1)' j8>96<>DJ97=k#(l,1/#&1/' m@D`K8k& %#.)#'.$#'*'(.W1)#( $X#)n)++Ya8D<G785E:9[968>D7<::O77?>@<9@<:k^X(1*&'%")%#1#*") J8FF<<9><<[o<D9E5`Gp#&#')++Y q@DA<D[77?>@<9@<:r&X"))++Y 4qZ[s4sO><:@:9D9?>@<9@<:T   t V* $,#(('&'u Z=7<[vCE>VX &'(*W# $)++Y _<>?@5<;<>>G8>wED<;<>>G]$'.' ,"))++Y aB968>D[77?>@<9@<:x'&"))++Y J>;==7<[::8>9<AF78B<>@DKOy>@<9@<:z).$^'0#$,#(#'(' {>8DB88A|1+"&").$ X"&1#% ) v:=<D}1$/"))++Y v:6[Z8ED9@D[77?>@<9@<:|W &&1% (%$1('X"$ () vCE>J8>`9><<|$"(")* $')#i $'~ €+1$.~ 7EC j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lanning Department Update Page 1 of 2 September 19, 2023 City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: September 14, 2023 MEETING: September 19, 2023 City Council SUBJECT: Planning Department Updates Land Use Application Review A) 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 intends to present at the September 19 meeting. B) 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 submitted an amendment to the plat and plans which would add a strip of property along the east of the property, increase the size of the daycare, add parking, and proposes solar panel “carports” over much of the parking lot. Staff is reviewing information and will present if complete, potentially at the October 10 Planning Commission meeting. C) 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 and Council provided comments in the fall of 2022. The developer held a series of neighborhood workshops with neighboring property owners, and intends to meet again on September 21, 2023. D) 1225 Maplewood Concept Plan – John and Lisa James have requested review of a concept plan for a three-lot subdivision. Staff is conducting preliminary review and will schedule for a public hearing when complete. E) 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 City Council granted general plan of development and preliminary plat approval on August 2. Staff will await final plat application. F) 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 has been informed that the acquisition may not be proceeding. Staff is investigating to determine what action, if any, is necessary with pending applications. G) 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. The Council approved the variance at the August 15 meeting and the project will now be closed. H) BAPS Site Plan Review – 1400 Hamel Road – BAPS Minneapolis Medina has requested an amendment to their approved site plan review. The Council approved the amended Site Plan MEMORANDUM Planning Department Update Page 2 of 2 September 19, 2023 City Council Meeting Review at the December 6, 2022 meeting. The applicant has indicated that they may potentially begin construction during the spring of 2024. I) 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. J) 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. K) Pioneer Trail Preserve – This project has been preliminarily approved and the City is awaiting final plat application. Other Projects A) Morningside/Maplewood ravine and pond – staff has been coordinating with Minnehaha Creek Watershed staff related to grant funds for the project. Staff will present a Memorandum of Understanding related to the project at the September 5 meeting. WSB staff is also proceeding with modeling and feasibility report. B) Tree Preservation Ordinance – staff presented the Tree Preservation Ordinance to the Planning Commission for preliminary discussion. The Planning Commission provided recommendations at their September 12 meeting and staff intends to present to Council on September 19. C) City Hall cell phone/back up internet improvement – staff met with our new cell phone service provider (FirstNet/AT&T) related to poor cell phone service at City Hall. Back-up internet at City Hall will also be provided via cellular service. FirstNet is providing options for an antennae booster at City Hall which will help with AT&T service at City Hall, including our backup cellular service. Public Works installed the exterior antenna and planning staff ran interior cabling. D) Edible Cannabinoid Products Ordinance – City Attorney Anderson prepared a draft ordinance which would prohibit the sale of the hemp derived edible cannabinoid products (ECPs) prior to the time sale is licensed by the State of Minnesota under the new cannabis legislation approved during 2023. The Planning Commission held a public hearing and recommended an ordinance prohibiting sales. Staff intends to present to Council on October 3. E) Emerald Ash Borer grants – WSB is preparing grant applications for state funding related to EAB. Staff has been meeting with WSB and providing background information. TO: Honorable Mayor and City Council FROM: Jason Nelson, Director of Public Safety DATE: September 14, 2023 RE: Department Updates Community Service Officer Tanner Wiese has completed all his conditional job offer items and on September 13th, he turned in his light blue Community Service Officer uniform for his dark blue Police Officer uniform. He is now Medina’s newest Police Officer. He will be replacing the spot that was open when Officer Scharf left a few months ago. We have an active hiring process going right now for both the Police Officer and Community Service Officer positions. The closing deadline for Community Service Officer was last week and we didn’t have any applicants. This position has been reposted. The Police Officer position has closed on September 13th, and we have a handful of applicants that applied. The applications will be reviewed and scored by HR and interviews will be conducted in the next week or two. On September 9th, we assisted in providing security and officer presence at the Loretto Fun Fest and the West Suburban Fire Department Street Dance. The weather was pretty good. We had some light rain showers before the fireworks display. After the fireworks the sky cleared, and it turned out to be a beautiful evening. There were between 2000-2500 people that showed and all had a great time. The event was a great success not only for the City of Loretto but also for the West Suburban Fire Department. Auto theft and theft from autos are still occurring all over the metro and we are not immune to this. This past week officers were notified of an attempt to locate a stolen BWM from Scott County. Virtual tracking of this vehicle advised it was in the City of Medina. The area was checked and others in the area were alerted. The vehicle was located by the Plymouth Police Department and when they attempted to stop a pursuit ensued. The vehicle was successfully stopped, and four occupants were arrested. They were found to be very young with the youngest being 12 years old. Officers checked the area of the city and found that they had tampered with autos in Medina, Independence, and many other cities. This is common throughout the metro and the ages of the youth seem to be getting younger and younger. From an investigative standpoint, this is a perfect example of why I budgeted for Flock Cameras in the CIP. In this instance, if this stolen vehicle entered our city past where a camera was installed, we would have received a real time informational hit of a stolen vehicle entering our city. This allows officers to be proactive instead of reactive taking theft from auto or auto theft reports after the fact. Several cities around us have already purchased these cameras. In speaking with those cities, several private neighborhoods have also purchased these cameras on their own. By using the same system, it allows police to have access to their private cameras as well and strengthens the network of cameras within the system. This allows us to track thieves in real time and even follow up on suspicious vehicles after the fact as it stores data for 30 days. This is a great investigative tool. Patrol: The following are updates of Patrol Officers between August 30th, 2023, and September 11th, 2023: Citations – 20 Warnings – 38 PD Accidents – 2 PI Accidents – 0 Medicals – 12 Falls – 1 Suspicious Calls – 7 Traffic Complaints – 7 Other Agency Assists – 10 Business/Residential Alarm - 5 Welfare Checks - 4 Disturbance Calls - 7 On 08/31/2023 at 1513 hours officers were dispatched to a traffic complaint that was westbound on Highway 55 from Willow Drive. It was reported a vehicle was all over the road and crossing into the opposite lane of traffic and nearly striking vehicles head on. Multiple callers reported the same. Near Lake Sarah Heights Drive two semi-truck drivers forced the vehicle to the shoulder and boxed it in to keep it from continuing. It was determined that the driver was having a diabetic issue and had extremely low blood sugar. North Paramedics arrived on scene and treated the driver to get his sugar levels raised. After some time, the driver became coherent again and refused transport. Paramedics advised the driver to stop somewhere and eat some food and additional sugar. On 08/31/2023 at 1944 hours officer stopped a pickup for driving 91 mph on Highway 55 in the 55- mph zone. Driver said a female had been tailgating him and then attempted to pass him, so he sped up. The driver was issued a citation for driving more than 20 mph over the posted limit. On 08/31/2023 officers received notification from surveillance equipment of someone on a property in the 1100 block of Medina Road that has been the area of numerous burglaries. Officers checking the area stopped a pickup truck and found a metal gate in the bed of the truck that was believed to have been stolen from the property. Officers contacted the homeowner who confirmed the gate in the truck belonged to his property. The driver was arrested for theft and during a search of the vehicle narcotics were found. While the officer was transporting the suspect back to the Medina Police Department and was driving by the property from the theft when he observed a second male cross the street with a flashlight. A perimeter was set up and a K-9 and drone from neighboring agencies assisted. The second male was later located in the area and also arrested. On 09/02/2023 a set of valuable mud flaps was located along Medina Road. They were taken back to the PD for safe keeping. The following day officers located a sign posted in the area of lost mud flaps with a reward offered. Officers located the property owner and released the mud flaps and refused to accept the reward. The property owner was grateful. On 09/05/2023 at 1545 an officer was dispatched to a welfare check in the area of County Road 101 and Clydesdale Trail. It was reported that a family with small children was panhandling on the corner of this intersection and believed it to be dangerous for the kids. Officer arrived and monitored the family. They were panhandling from private property and were not causing an issue. On 09/07/2023 at 1917 hours officers were called to a fall on the pickleball courts. A female had been playing when she fell backwards onto her back and was in pain and unable to walk. When officers arrived, they found family had already carried the patient and loaded her into the back seat of one of their vehicles. North Ambulance arrived and evaluated the patient, and it was decided that the family would self-transport to the hospital to avoid having to move her again from the back seat where she was currently comfortable. On 09/08/2023 at 1907 hours officers were called to a welfare check in the area of Medina Golf & Country Club. It was reported an elderly Asian female was wandering around the Country Club lot and that she did not speak English and was last seen walking on Evergreen Road. The area and surrounding neighborhoods were checked but the female was not located. On 09/09/2023 the majority of the department assisted with the West Suburban Fire Department Street dance in Loretto. There were no issues during the event. On 09/11/2023 at 1809 hours an officer was dispatched to the intersection of Highway 55 and Rolling Hills Road on an iPhone crash alert notification. While checking the area the officer found an iPhone in the middle of the road. A short time later a parent of the phone owner arrived and advised they had received notification that their son was in a crash at that intersection. It was determined that the phone owner had left their phone on the bumper of a vehicle, and it fell off while driving. The phone was turned over to the parents. On 09/12/2023 at 0020 hours an officer stopped a vehicle for driving 79 mph on Highway 55. The driver showed indications of being under the influence of alcohol and was subsequently arrested for DWI. The driver later submitted to a DMT test which showed a BAC of .13. The driver was issued a citation for DWI and released to a sober responsible person. Investigations: Wrote a search warrant for a phone seized in relation to a burglary. Wrote a search warrant for a phone recovered in a stolen vehicle. Wrote a search warrant for cell phone location data on a theft. Received a theft report and wrote a subpoena for the case. Was forwarded a school bus stop arm violation that was sent in for charging. Received an HRO violation and sent it in for charging. Investigations currently has 12 open/active cases. 1 TO: Medina Mayor and Members of the City Council FROM: Lisa DeMars, through Public Works Director Steve Scherer DATE: September 13, 2023 MEETING: September 19, 2023 SUBJECT: Public Works Update Streets • The first lift is complete, and curbing was poured yesterday on the Townline Road - Juniper Curve project. Public Works will backfill and shoulder where necessary prior to the second lift. • Roadside ditch mowing was completed late last week. • Public Works cleaned up some curb work in the Foxberry Farms neighborhood last week. Water/Sewer/Stormwater • The water system has been running smooth over the past few weeks. • The Willow Drive Lift Station Project is well on its way. We are on schedule for a late September or early October startup date. • Fall hydrant flushing and inspections will begin in early October. The process will take a few weeks, and a notice was included in the newsletter and on our webpage. Parks/Trails • The grandstand project at Hamel Legion Park will be completed this month. HAC is also working on field maintenance, including mound work and new sod. • Public Works seeded the field at Hunter Park and installed an irrigation system. • Woodchip paths leading to the popular seating areas at Lakeshore Park were installed last week. The benches are due to arrive in early October and will be installed. The kayak rack will be installed soon as well. • Public Works crack sealed the trail adjacent to Clydesdale Trail ahead of seal coating, which will be completed on Friday. • Public Works will help with setup at Celebration Day. We also plan to have a couple of pieces of equipment on hand for the event. Other • Public Works is removing dead and diseased trees in the wooded area known as “Harriet’s Woods” inside the Enclave development. MEMORANDUM 2 • Public Works completed a few maintenance tasks including planting grass, mounting an antenna at city hall, fixing restroom fixtures at the community center, and replacing a broken emergency light in the PW conference room. • Volunteers from OSI reached out with interest in participating in World Cleanup Day and have agreed to collect trash and litter on Clydesdale Trail from Co Rd 116 to Co Rd 101 on Saturday, September 16. • Volunteers from Scout Troop 283 will be cleaning storm drain grates in the Foxberry Farms neighborhood on Sunday, September 17. ORDER CHECKS SEPTEMBER 5, 2023 – SEPTEMBER 19, 2023 054772 ERIN BARNHART ................................................................... $1,999.98 054773 BHASKAR, VASU ...................................................................... $975.00 054774 BHATI, DEVI .............................................................................. $200.00 054775 CAVANAUGH, JOE, SR. ............................................................. $66.48 054776 EDINA REALTY ........................................................................... $32.39 054777 ELAM, TIMOTHY OR MEGAN .............................................. $10,000.00 054778 FUST, CONNIE.......................................................................... $500.00 054779 GREGORY, OLIVIA ................................................................... $255.00 054780 HANSON BUILDERS, INC .................................................... $20,000.00 054781 JUST FOR KIDS FOUNDATION ................................................ $600.00 054782 KENNEDY & GRAVEN CHARTERED .................................. $10,381.90 054783 KLAERS, JOSHUA .................................................................... $187.85 054784 KUNKEL, BRENDA ................................................................. $1,075.00 054785 LEGACY TITLE ........................................................................... $50.00 054786 MARTIN, SARA .................................................................... $10,000.00 054787 METROPOLITAN COUNCIL ................................................. $27,061.65 054788 NALLAMOTHU, JAYARAM ..................................................... $1,000.00 054789 REGIS TITLE LLC ..................................................................... $580.13 054790 TIMESAVER OFFSITE .............................................................. $514.75 054791 TUMKUR NAGARAJU, NAVEENA ............................................ $250.00 054792 WSB & ASSOCIATES INC.................................................... $78,642.00 054793 BEAUDRY OIL & PROPANE .................................................. $4,426.05 054794 BLUE CROSS BLUE SHIELD OF MN ................................... $42,685.85 054795 BRAUN, ROBERT .................................................................. $6,500.00 054796 CONTEMPORARY IMAGES ........................................................ $43.11 054797 CORE & MAIN LP ...................................................................... $317.65 054798 ECM PUBLISHERS INC ............................................................ $148.06 054799 EPA AUDIO VISUAL ............................................................... $5,927.00 054800 ESS BROS. & SONS, INC. ..................................................... $2,064.00 054801 GOPHER STATE ONE CALL .................................................... $363.15 054802 HAMEL LUMBER INC ........................................................... $10,186.84 054803 HAMEL LIONS CLUB ............................................................. $2,275.00 054804 HAWKINS INC. ....................................................................... $3,332.58 054805 HENN COUNTY INFO TECH .................................................. $2,407.07 054806 KRAEMER MINING AND MATERIALS ................................. $42,407.01 054807 KUSTOM SIGNALS, INC. .......................................................... $239.00 054808 LANGUAGE LINE SERVICES ..................................................... $14.00 054809 LAW ENFORCEMENT LABOR .................................................. $472.50 054810 LEAGUE OF MINNESOTA CITIES ......................................... $8,263.00 054811 LEXISNEXIS RISK DATA MGMT INC .......................................... $51.50 054812 CITY OF MAPLE PLAIN ......................................................... $4,913.35 054813 METROPOLITAN COUNCIL ................................................. $36,562.86 054814 MINNESOTA OCCUPATIONAL HEALTH .................................. $643.00 054815 MINNESOTA TOPSOIL ........................................................ $24,880.00 054816 MN DEPT OF LABOR/INDUSTRY ............................................... $10.00 054817 MN MAYORS ASSOCIATION ...................................................... $30.00 054818 MOTLEY AUTO SERVICE LLC ................................................. $869.50 054819 NAPA OF CORCORAN INC ...................................................... $143.73 054820 NEATON BROTHERS EROSION LLC .................................... $1,830.00 054821 NELSON ELECTRIC MOTOR REPAIR .................................. $2,100.00 054822 ODP BUSINESS SOLUTION LLC .............................................. $531.74 054823 CITY OF ORONO ................................................................... $8,282.85 054824 PEMBER COMPANIES INC ............................................... $236,299.91 054825 PREMIUM WATERS INC ............................................................. $56.74 054826 SCHERERS PUMPKIN PATCH ................................................. $225.00 054827 SOLUTION BUILDERS INC .................................................... $5,279.40 054828 STREICHER'S ............................................................................. $14.99 054829 SUBURBAN TIRE WHOLESALE INC ........................................ $544.00 054830 SYMBOLARTS .......................................................................... $140.00 054831 STEVEN TALLEN ATTORNEY AT LAW ................................. $5,590.17 054832 TEGRETE CORP ....................................................................... $468.00 054833 TWIN CITY OUTDOOR SERVICES INC ............................... $13,507.69 054834 VACKER INC ............................................................................. $943.00 054835 VALLEY PAVING ................................................................ $610,086.53 054836 VESSCO, INC. ........................................................................... $134.00 054837 WESTSIDE WHOLESALE TIRE ................................................ $322.78 Total Checks $1,250,904.74 ELECTRONIC PAYMENTS SEPTEMBER 5, 2023 – SEPTEMBER 19, 2023 006985E FURTHER ................................................................................... $58.50 006986E PR PERA .............................................................................. $21,421.55 006987E PR FED/FICA ....................................................................... $21,279.51 006988E PR MN Deferred Comp ........................................................... $3,967.47 006989E PR STATE OF MINNESOTA .................................................. $4,727.59 006990E CITY OF MEDINA ........................................................................ $25.00 006991E FURTHER .............................................................................. $2,127.39 006992E AFLAC ....................................................................................... $491.08 006993E CENTURYLINK.......................................................................... $251.28 006994E CULLIGAN-METRO ..................................................................... $38.70 006995E FP MAILING SOL POSTAGE BY PHON ................................. $1,000.00 006996E FRONTIER .................................................................................. $57.53 006997E FURTHER ................................................................................. $340.04 006998E MARCO (LEASE) ....................................................................... $855.28 006999E MEDIACOM OF MN LLC ........................................................ $1,085.95 007000E PAYMENT SERVICE NETWORK INC .................................... $1,575.07 007001E THE VALVOLINE COMPANY 68 ............................................... $153.05 007002E XCEL ENERGY ...................................................................... $5,805.64 Total Electronic Checks $65,260.63 PAYROLL DIRECT DEPOSITS SEPTEMBER 13, 2023 0512993 WIESE, TANNER L .................................................................... $892.82 0512994 ALBERS, TODD M. .................................................................... $230.87 0512995 ALTENDORF, JENNIFER L. ................................................... $1,171.01 0512996 BARNHART, ERIN A. ............................................................. $3,019.12 0512997 BOECKER, KEVIN D. ............................................................. $3,749.95 0512998 CAVANAUGH, JOSEPH ............................................................ $230.87 0512999 CONVERSE, KEITH A. ........................................................... $2,519.87 0513000 DEMARS, LISA ....................................................................... $1,614.86 0513001 DESLAURIERS, DEAN .............................................................. $230.87 0513002 DION, DEBRA A. .................................................................... $2,198.97 0513003 ENDE, JOSEPH...................................................................... $2,121.37 0513004 FINKE, DUSTIN D. ................................................................. $3,122.31 0513005 GLEASON, JOHN M. .............................................................. $1,945.62 0513006 GREGORY, THOMAS ............................................................ $2,823.82 0513007 GROTH, BRENNA L ............................................................... $1,504.52 0513008 HALL, DAVID M. ..................................................................... $2,842.14 0513009 HANSON, JUSTIN .................................................................. $2,502.39 0513010 JOHNSON, SCOTT T. ............................................................ $2,784.01 0513011 KLAERS, ANNE M. ................................................................. $1,769.78 0513012 LEUER, GREGORY J. ............................................................ $2,165.81 0513013 MARTIN, KATHLEEN M ............................................................ $327.07 0513014 MCGILL, CHRISTOPHER R. .................................................. $1,645.00 0513015 MCKINLEY, JOSHUA D .......................................................... $2,789.37 0513016 MYHRE, JORDAN J ............................................................... $2,719.25 0513017 NELSON, JASON ................................................................... $3,044.15 0513018 RATKE, TREVOR J ................................................................ $2,405.34 0513019 REID, ROBIN ............................................................................. $230.87 0513020 REINKING, DEREK M ............................................................ $2,458.74 0513021 RUCKE, MARIA ...................................................................... $1,888.39 0513022 SCHEIBE, CONNIE L ............................................................. $1,599.50 0513023 SCHERER, STEVEN T. .......................................................... $2,730.26 0513024 VINCK, JOHN J ...................................................................... $2,636.96 0513025 VOGEL, NICHOLE .................................................................. $1,077.11 0513026 WALKER, CAITLYN M. ........................................................... $2,056.31 0513027 BURSCH, JEFFREY ............................................................... $1,530.41 Total Payroll Direct Deposit $68,579.71