HomeMy Public PortalAbout11.21.2023 City Council Meeting Packet Posted 11/17/2023 Page 1 of 1
AGENDA FOR THE REGULAR MEETING
OF THE MEDINA CITY COUNCIL
Tuesday, November 21, 2023
7:00 P.M.
Medina City Hall
2052 County Road 24
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. MOTION TO DELEGATE DUTIES TO PRESIDE OVER THE
MEETING TO COUNCIL MEMBER ALBERS
IV. ADDITIONS TO THE AGENDA
V. APPROVAL OF MINUTES
A. Minutes of the November 8, 2023, Regular City Council Meeting
VI. CONSENT AGENDA
A. Approve 2024 Meeting Calendar
B. Approve Work Completion and Escrow Agreement for Property Located at 1755 Tamarack Drive
C. Approve Personnel Policy 8.95 Severe Weather
D. Adopt Resolution Approving Lot Split of Property Located Southwest of 1248 Highway 55
E. Adopt Ordinance Establishing a Planned Unit Development District for “Meander Park and Boardwalk”
and Amending the Official Zoning Map
F. Adopt Resolution Authorizing Publication of Ordinance by Title and Summary
G. Resolution Granting Final Plat Approval for Meander Park and Boardwalk
H. Approve Planned Unit Development Agreement with Medina Ventures, LLC for Meander Park and
Boardwalk
I. Approve Resolution Authorizing Interfund Loan for Land Acquisition
VII. COMMENTS
A. From Citizens on Items Not on the Agenda
B. Park Commission
C. Planning Commission
VIII. PRESENTATION
A. Swearing In Ceremony for Officer Jordan Myhre
IX. CITY ADMINISTRATOR REPORT
A. Planning Commission Letter Regarding Potential Acquisition of PID 0411823110002 and PID
0411823140004
X. MAYOR & CITY COUNCIL REPORTS
XI. APPROVAL TO PAY BILLS
XII. CLOSED SESSION: Consideration of Land Acquisition at PID 0411823110002 and PID 0411823140004
Pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(c)
XIII. ADJOURN
Meeting Rules of Conduct to Address
the City Council:
• Fill out & turn in comment card
• Give name and address
• Indicate if representing a group
• Limit remarks to 3 minutes
(period may be reduced by
Council)
Mayor Kathleen Martin will
participate in the meeting virtually
from the Poolside Area of Lobby at
the Kenwood Inn & Spa, 10400
Sonoma Highway, Kenwood,
CA 95452
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MEMORANDUM
TO: Medina Mayor and City Council
FROM: Scott Johnson, City Administrator
DATE OF REPORT: November 16, 2023
DATE OF MEETING: November 21, 2023
SUBJECT: City Council Meeting Report
VI. CONSENT AGENDA
A. Approve 2024 Meeting Calendar – Staff has put together the meeting calendar for the
City of Medina for 2024. Staff recommends approval.
See attached calendar.
B. Approve Work Completion and Escrow Agreement for Property Located at 1755
Tamarack Drive – The owners conducted various grading and construction activities on
the Property without obtaining required City permits and the activities resulted in impacts
to wetlands upon the Property. An after-the-fact wetland replacement plan review
pursuant to the Minnesota Wetland Conservation Act was conducted. The owners now
must enter into the attached agreement with the City to ensure adherence to the
conditions for approval. Staff has reviewed and recommends approval.
See agreement.
C. Approve Personnel Policy 8.95 Severe Weather – Staff identified two changes that need
to be made to the severe weather policy to comply with the recent changes to the earned
sick and safe leave policy as required by law. Staff recommends approval.
See attached memo and policy.
D. Adopt Resolution Approving Lot Split of Property Located Southwest of 1248 Highway
55 - The proposed lot split for the property is consistent with the direction provided by
the City Council at the November 8, 2023, meeting. Staff recommends approval.
See attached resolution.
E. Adopt Ordinance Establishing a Planned Unit Development District for “Meander Park
and Boardwalk” and Amending the Official Zoning Map – The proposed ordinance
establishing the PUD district for “Meander Park and Boardwalk” and amending the
official zoning map is consistent with the direction provided by the City Council at the
November 8, 2023, meeting. Staff recommends approval.
See attached ordinance.
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F. Adopt Resolution Authorizing Publication of Ordinance by Title and Summary –
Attached is a resolution for summary publication of the ordinance. Staff recommends
approval.
See attached resolution.
G. Resolution Granting Final Plat Approval for Meander Park and Boardwalk – The
proposed final plat approval for the property is consistent with the direction provided by
the City Council at the November 8, 2023, meeting. Staff recommends approval.
See attached resolution.
H. Approve Planned Unit Development Agreement with Medina Ventures, LLC for
Meander Park and Boardwalk – The proposed PUD agreement with Medina Ventures,
LLC for Meander Park and Boardwalk is consistent with the direction provided by the
City Council at the November 8, 2023, meeting. Staff recommends approval.
See attached agreement.
I. Approve Resolution Authorizing Interfund Loan for Land Acquisition – Staff was
directed to draft a resolution authorizing an interfund loan for possible future land
acquisition. Staff recommends approval.
VIII. PRESENTATION
A. Swearing In Ceremony for Officer Jordan Myhre – Police Officer Jordan Myhre recently
completed his probation period. Officer Myhre will be sworn-in at the meeting.
See attached oath.
XI. CITY ADMINISTRATOR REPORT
A. Planning Commission Letter Regarding Potential Acquisition of PID 0411823110002 and
PID 0411823140004 – The Planning Commission at their November 14, 2023, meeting
found that the land acquisition could be consistent with the Comprehensive Plan. The letter
in your packet from the Planning Commission memorializes their review. No action is
requested.
See attached letter.
XI. APPROVAL TO PAY BILLS
Recommended Motion: Motion to approve the bills, order check numbers 055004-
055068 for $1,812,336.90, EFT 007059E-007073E for $63,524.09, payroll EFT
0513123-0513157 for $65,663.39.
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XII. CLOSED SESSION: Consideration of Land Acquisition at PID 0411823110002 and
PID 0411823140004 Pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(c)
Medina City Council Meeting Minutes
November 8, 2023
1
DRAFT 1
2
MEDINA CITY COUNCIL MEETING MINUTES OF NOVEMBER 8, 2023 3
4
The City Council of Medina, Minnesota met in regular session on November 8, 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 (7:01 p.m.) 19
20
III. ADDITIONS TO THE AGENDA (7:02 p.m.) 21
The agenda was approved as presented. 22
23
IV. APPROVAL OF MINUTES (7:02 p.m.) 24
25
A. Approval of the October 17, 2023 Regular City Council Meeting Minutes 26
Moved by Albers, seconded by Reid, to approve the October 17, 2023 regular City 27
Council meeting minutes as presented. Motion passed unanimously. 28
29
V. CONSENT AGENDA (7:02 p.m.) 30
31
A. Appoint Stephen Mattayer to the Position of Community Service Officer 32
B. Approve 2024 TimeSaver Agreement 33
C. Approve Grancius Proposal 34
D. Adopt Resolution Granting Extension of Time to Request Final Plat 35
Approval for Preserve of Medina; Amending Resolution 2023-83 36
E. Approve Right of First Refusal Agreement with Loram Maintenance of Way, 37
Inc. 38
F. Approve Hackamore Road Change Order #2 39
Cavanaugh requested to remove Item 5C from the Consent Agenda for additional 40
discussion. 41
42
Albers referenced Item F and stated that he interpreted that the change order was a 43
result of things the City did not have control of and is related to the trenching. He asked 44
why the City would be responsible for that additional cost. 45
46
Stremel stated that they coordinated a joint trench process for the private utility work, 47
which was intended to go ahead of the City’s contractor. He stated that things extended 48
into the summer/late summer for the private utility work which held up the City’s 49
contractor. 50
51
Medina City Council Meeting Minutes
November 8, 2023
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Martin commented that the City’s contractor was then unable to perform the work under 1
the conditions agreed upon in the contract, which results in the change order. 2
3
Stremel noted that the slowdown was not a subcontractor of the City’s contractor. He 4
noted that this change order cost is a relatively small amount compared to the entire 5
contract cost. 6
7
Scherer stated that the lines were in the way of the project, therefore that portion of the 8
project had to be completed first. 9
10
Moved by Albers, seconded by Reid, to approve the consent agenda as amended. 11
Motion passed unanimously. 12
13
C. Approve Grancius Proposal 14
Cavanaugh asked for more information. 15
16
Johnson stated that staff may need to pull this tonight in order to provide more 17
information on the potential savings and efficiencies. 18
19
Martin asked if one of the goals of the proposal is to improve the website and make it 20
easier to maneuver. 21
22
Johnson confirmed that is true. 23
24
Walker commented that currently the City is not receiving IT assistance for its website 25
and therefore staff is limited in the ability to improve the City website, which is why this 26
recommendation is made to move to Grancius to develop and manage the website. She 27
stated that the current website cannot sustain the City as it moves forward. 28
29
Cavanaugh commented on the challenges in finding information online for previous 30
Council packets. 31
32
Walker commented that while she has not experienced that issue, Laserfiche holds 33
those files and is separate from the website. She stated that she can help Cavanaugh 34
look into the settings and formatting in an attempt to assist. 35
36
Martin commented that virtual meeting participation is not as smooth as they would like it 37
to be and asked if this would assist with that. 38
39
Walker commented that would be one of the add on options including packet 40
management, videography, and meeting minutes that could be added in the future for an 41
additional cost. 42
43
Albers stated that he would be interested in being part of the design review for the 44
website development. 45
46
Moved by Martin, seconded by DesLauriers, to appoint Albers to assist with the design 47
review for the new website. Motion passed unanimously. 48
49
It was determined that action on this proposal would be delayed in order to bring back 50
additional information as requested by Cavanaugh. 51
Medina City Council Meeting Minutes
November 8, 2023
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1
VI. COMMENTS (7:14 p.m.) 2
3
A. Comments from Citizens on Items not on the Agenda 4
There were none. 5
6
B. Park Commission 7
Park Commissioner Sharp reported that the Park Commission met on October 18th to 8
discuss the Capital Improvement Plan and heard from several residents in the Deerhill 9
neighborhood and summarized the recommendations that were made. The Commission 10
continued discussion regarding pickleball at Hunter Lions Park and proceeded to provide 11
a recommendation that it believes is in the best interest of all residents and not in 12
violation of the MPCA noise regulations. He stated that the Commission agreed with the 13
staff recommended trail and easement dedications related to Medina Park and 14
Boardwalk. He also provided an update on maintenance activity and updates. 15
16
Martin asked for more information on the rationale related to the pickleball 17
recommendation. 18
19
Sharp commented that the Commission spent a lot of time doing research to ensure 20
adequate feedback from residents, noting that the initial planning began in 2020 and 21
provided details on the multiple platforms used to collect input. He stated that the 22
Commission reviewed all the feedback and there were no negative comments related to 23
the concern for noise from pickleball. He stated that the Commission also reviewed the 24
sound study results. He stated that the Commission also reviewed the feedback 25
received from the residents with noise concerns along with the positive feedback and 26
usage of the park. 27
28
Martin asked how long the park has existed in that location. 29
30
Scherer replied that the park was built in the 1980s and confirmed the park existed long 31
before The Enclave neighborhood. 32
33
Sharp stated that the Commission reviewed all the information from start to finish in 34
order to make its recommendation. 35
36
Martin referenced the concept of a sound curtain and asked the thought of the 37
Commission related to that type of mitigation. 38
39
Sharp replied the option of a sound curtain was reviewed, along with the cost, and did 40
not believe that there would be a cost/benefit to that type of improvement. He noted that 41
several of the residents that have a concern with noise and provided input at the October 42
meeting said that they did not support any of the mitigation efforts/sound curtain. He 43
stated that the Commission ultimately decided that based upon those comments, it was 44
decided that the added expense of noise mitigation would not be helpful as those 45
residents would still not be satisfied. He noted that those residents only wanted the 46
courts moved to another park. He stated that the addition of the pickleball courts has 47
transformed Hunter Lions Park from a park that was not being used to a park that is 48
being enjoyed by residents. 49
50
DesLauriers asked the thought process between the time changes. 51
Medina City Council Meeting Minutes
November 8, 2023
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1
Sharp commented that sunset would be a natural thing to regulate play as courts are not 2
utilized in the dark. He stated that a lot of residents came to the meetings to explain why 3
they enjoy the early morning start as that allows people to play before they go to work or 4
once their kids leave for school. He stated that the Commission decided that those 5
residents should not be penalized. He stated that since this issue arose, he has gone to 6
Hunter Lions Park over 200 times to observe the activity at different times of the day. He 7
noted that there are many times when the courts are not being used. He stated that the 8
courts are not being used during that full timeframe and estimated maybe five to six 9
hours per day. He noted that hot temperatures also limit when people play. He noted 10
that the goal is to provide recreational opportunities to residents, and it is exciting to see 11
the park being used again. 12
13
Cavanaugh asked if there would still be a plan for trees to be added. 14
15
Sharp commented that the original plan included landscaping, which was approved. He 16
noted that the original plan included the landscaping closer to the baseball fields than 17
the courts because of irrigation availability. 18
19
DesLauriers asked if the trees would be planted this year. 20
21
Scherer confirmed that the trees could be planted once he receives that direction and 22
could be extended as close to the courts as feasible working within the site constraints. 23
He noted that the plantings may be delayed because of the time of year. 24
25
DesLauriers asked if there would be plans to put trees across the street in the gap. 26
27
Scherer replied that was not planned. He stated that the $5,000 that was budgeted was 28
for the west side of the trail on the City side of the street. 29
30
Cavanaugh asked if it would be possible to slide arborvitaes near the fence. 31
32
Scherer replied that there is a pipe in the ditch and the ditch conveys water. He stated 33
that it would not be feasible to have trees in that area but perhaps some shrubbery could 34
be added to provide screening, as long as it would not be deep rooted. 35
36
Martin asked if the 7 a.m. open time is consistent with other park usage. 37
38
Sharp confirmed that 7 a.m. is an average start time noting that many courts in other 39
communities open at 6 a.m. 40
41
DesLauriers commented that Medina does not have a noise ordinance, so people could 42
be cutting grass at 6 a.m. 43
44
Sharp commented that he lives on Medina Country Club and that business starts 45
mowing and yard work at 5 a.m. 46
47
Cavanaugh recognized the huge contribution of time and effort Sharp has spent on this 48
topic. 49
50
Medina City Council Meeting Minutes
November 8, 2023
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C. Planning Commission 1
Finke reported that the Planning Commission may meet the following week to potentially 2
review an ordinance update related to non-conforming uses and structures. He stated 3
that the meeting may be canceled due to lack of quorum as the issue is not time 4
sensitive. 5
6
DesLauriers referenced the lift station on Willow which appeared to go in well. He asked 7
if any of that was contingent on the build out of the Cates project and whether there 8
would be any potential issues with a new buyer. 9
10
Finke commented that there was an easement agreement with the property owner, 11
noting that an easement is not fee ownership. He stated that there could be potential 12
payment due depending on land use entitlements. He stated that the northern parcel 13
was not contemplated to be staged now for development and the southern parcel was 14
not going to flow to the lift station, therefore those two parcels are not linked in terms of 15
the lift station. 16
17
Martin asked and received confirmation that the easement has been recorded. 18
19
VII. NEW BUSINESS 20
21
A. Hunter Lions Park Pickleball Courts Recommendation (7:31 p.m.) 22
Johnson stated that the Park Commission held its October 18th meeting where the 23
Commission discussed the cost-benefit of the different mitigation efforts, the various 24
outcomes of those mitigation efforts, reviewed the sound study and concluded that the 25
pickleball activities at the park are within the MPCA noise threshold. He stated that the 26
Commission unanimously voted to make the following recommendations: sound curtains 27
are not purchased, the courts are not moved, trees are planted per the original 28
landscaping plan, the court hours are to be 7 a.m. to sunset, and the court season is at 29
discretion of the Public Works Director. 30
31
Scherer stated that the courts were opened in spring and within one-week residents 32
began to express complaints about the noise. The Park Commission discussed this 33
topic on four different occasions and the Council also discussed this on multiple 34
occasions. He stated that the Council temporarily restricted the hours of play and 35
authorized a sound study to be completed. He stated that the results of the sound study 36
were found not to violate the MPCA thresholds. He reviewed the cost estimates for the 37
different options including moving the courts from Hunter Lions to Hamel Legion or 38
installing sound curtains. He recapped the recommendation from the Park Commission 39
noting that the Council could choose to affirm that recommendation or modify that 40
recommendation. 41
42
Reid commented that hours should be established and enforced. She stated that she 43
would agree with 7 a.m. to sunset and with the other recommendations of the 44
Commission. 45
46
DesLauriers stated that while he originally leaned towards an 8 a.m. start, he agrees 47
with the Park Commission recommendation of 7 a.m. He stated that he would also like 48
to see trees on the other side of the street in that gap which is perhaps 50 feet. 49
50
Albers asked the life expectancy of a sound curtain. 51
Medina City Council Meeting Minutes
November 8, 2023
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1
Scherer commented that they would plan to remove the curtain in the fall rather than 2
leave it up during the winter to extend the life, but estimated between five to seven years 3
for the curtain. He noted that estimated price is not just the curtain but the posts and 4
other related elements. 5
6
Sharp commented that he believed the life expectancy of the sound curtain was three to 7
five years. 8
9
Cavanaugh asked if adding the trees across the street, as suggested by DesLauriers, 10
would double the $5,000 landscaping estimate to $10,000. 11
12
Scherer confirmed that to be true. 13
14
Martin referenced the recommendation not to purchase the sound curtains, noting that 15
the Commission did not believe that would satisfy the neighbors with the complaints. 16
She noted that this is a park that has existed prior to the construction of the homes in 17
The Enclave and it would seem that people purchasing those homes made the decision 18
to do so knowing that there was a park in that location. She recognized that there are 19
pros and cons to living near a park and people purchasing a home near a park would 20
have taken those things into consideration. She stated that she would be inclined not to 21
expend resources on something that would not mitigate the issue, or if it did would only 22
be for a small number of residents. 23
24
Albers agreed with the comments of Martin. He stated that there would also be an 25
ongoing expense to install a sound curtain as that curtain could have a replacement cost 26
every five years. He stated that if that would not solve the problem, it would not seem to 27
make sense. 28
29
The other members of the Council agreed with Martin and Albers. 30
31
Martin referenced the recommendation not to move the courts from Hunter Lions Park. 32
33
Cavanaugh noted that a significant amount of money and research was spent to place 34
the courts in this location, therefore it would be a waste of resources to move the courts. 35
36
Albers commented that there would be a cost in excess of $80,000 to relocate the 37
courts, which is not fiscally responsible. 38
39
Martin agreed. She noted that there were opportunities for the public to participate in the 40
planning of the park and there was no resistance to pickleball expressed during that 41
time. 42
43
Reid commented that is true, but the residents also may not have anticipated the noise 44
that came along with pickleball. 45
46
Martin commented that she visited three homes and was inside two of the homes, noting 47
that the noise was not at a level you could hear inside the home, but you could hear 48
people playing pickleball from the backyards. She referenced the recommendation to 49
plant trees as originally planned in the landscaping plan and confirmed agreement from 50
the Council. 51
Medina City Council Meeting Minutes
November 8, 2023
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1
Albers stated that perhaps additional trees are contemplated on both sides of the street 2
to provide additional screening. He stated that perhaps a not to exceed amount could 3
be set. 4
5
Martin recognized that the plantings may not be installed until the next planting season. 6
7
Albers suggested a not to exceed amount of $12,500 for total tree/landscaping plantings. 8
9
Martin confirmed that the not to exceed amount would include the original landscaping 10
plan with the additional funds to be spent on trees to be planted on both sides of Hunter 11
Drive. She confirmed the consensus of the Council in support of the hours of operation 12
as proposed by the Commission of 7 a.m. to sunset. 13
14
Scherer confirmed that those hours are similar to the hours allowed for tennis. 15
16
Anderson noted the ordinance hours for parks in Medina which is sunrise to sunset. 17
18
Martin noted that these proposed hours would be more restrictive than regular park 19
hours but confirmed the consensus of the Council that this would be a good 20
compromise. She also confirmed consensus of the Council in support of the ability for 21
Public Works to lock access to the court when the weather becomes inclement. 22
23
Moved by Martin, seconded by Albers, to adopt the recommendations provided by the 24
Park Commission during its October 18, 2023 with the addition that the Public Works 25
Director would have a budget of up to $12,500 to install the landscaping plan and 26
additional trees along both sides of Hunter Drive as discussed. Motion passed 27
unanimously. 28
29
B. Meander Park and Boardwalk – Lot Split and Amended PUD (7:54 p.m.) 30
Cavanaugh recused himself from this discussion. 31
32
Johnson stated that the Council granted approval to an amendment to the PUD and 33
Final Plat approval in April of 2023. The applicant is now requesting a change to the 34
general plan of development. 35
36
Finke stated that the main reason for the review is that the applicant has an agreement 37
to purchase the 60-foot strip of property east of the commercial portion of the 38
development to incorporate into the site in order to increase the size of the daycare 39
building and to add additional parking. He stated that staff has proposed a lot split to 40
split that 60-foot strip of property from the property is currently belongs to as one action. 41
He stated that the amended plat would then incorporate that strip of property. He stated 42
that one condition of the lot split approval would be that it becomes effective with the 43
plat. He presented a comparison of the previously approved site plan to the proposed 44
site plan, highlighting the differences to the daycare building size and increased parking. 45
He referenced dashed lines shown over the parking lot which would be a carport with 46
solar panels installed above. He stated that the location of the trash enclosure for the 47
event center also changed from the north side of the building to the west end of the 48
service drive to be more accessible for collection. He asked if the new location would be 49
in agreement with the Council. 50
51
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November 8, 2023
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Albers asked if all the trash would end up in that location. 1
2
Finke replied that each building has its own trash enclosure, and this relocated location 3
would only be for the event center. 4
5
Martin noted that the change would be that the enclosure is not adjacent to the building. 6
7
Finke commented that it is not uncommon that an enclosure does not directly abut a 8
building. He stated that this could be found to be adjacent as the service drive does 9
serve the building. 10
11
Martin reviewed the different changes proposed and confirmed that there were not any 12
objections from the Council related to the incorporation of the additional strip of land, 13
increased size of the daycare center, increased parking, location of the trash enclosure, 14
and increased size of the basement. She moved to the concept for the solar panel 15
carport. She commented that she believes it to be an ingenious idea. 16
17
Reid also agreed that it would be wonderful. 18
19
Albers commented that aesthetically he does not love it but that would be his only 20
hesitation. 21
22
Martin commented that it would not be very visible from outside of the property to people 23
driving. She stated that this would be a good location to try this concept. 24
25
DesLauriers commented that he recently traveled and noticed something similar and 26
while it is not pretty, the panels are not that noticeable when driving by. He recognized 27
that this does serve a purpose. He commented that it seemed from the minutes of the 28
Planning Commission that only two thirds of the parking would have this carport/panel 29
concept and asked why they would not fully utilize that space for panels. He asked if the 30
intention would be to have some of the landscaping screen this area. 31
32
Finke identified the area that would be proposed for the carport/panel concept. 33
34
DesLauriers commented that he would think the daycare parking would be a great fit for 35
the carport/panels. He noted that the lighting proposed under the carport will also be 36
great for safety. 37
38
Chris Pederson, applicant, stated that the turning radius on the northern side for trucks 39
would have an issue if that entire area had the carport concept. He stated that they did 40
contemplate having half of that area but believed that would look out of place. It was 41
noted that there is also underground storm water treatment in that area. He stated that 42
the daycare developer seems to be interested in using solar panels on that building. He 43
recognized that there is an opinion of aesthetic but noted that a parking lot is also not 44
very aesthetic. He commented that solar panels are becoming an increasing trend in 45
new development, and this is a great opportunity to generate additional energy through 46
solar utilizing an area that will already be hardcover. He stated that the things they are 47
building on this site are going to look nice and this is a unique opportunity to be forward 48
thinking as well. 49
50
DesLauriers asked the height of the solar panels. 51
Medina City Council Meeting Minutes
November 8, 2023
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1
Pederson replied that the panels are 16 feet at the peak and 12 feet at the low point. 2
3
DesLauriers asked if there is any concern for a fire truck. 4
5
Finke noted that the plans state 15 feet, and if that is 12 feet that might be a concern. 6
7
Pederson commented that the plans would be accurate. He stated that they will also 8
have four car charging stations under the carport. 9
10
DesLauriers asked if staff would confirm that the height requirement is met. 11
12
Finke confirmed that he would verify that height. 13
14
DesLauriers asked if the lighting underneath the carport would be triggered with 15
sunset/sunrise. 16
17
Pederson confirmed that the lights would be automatic, turning on at dusk and turning off 18
in daylight. He also provided additional details on the proposed location of the trash 19
enclosure, noting that this allows for a larger space and the ability to compost. He stated 20
that the location also allows easier access for collection. 21
22
Moved by DesLauriers, seconded by Reid, to direct staff to prepare documents 23
approving the lot split and the amended Meander Park and Boardwalk PUD and Plat 24
subject to the conditions as presented. Motion passed unanimously. 25
26
Cavanaugh rejoined the Council. 27
28
VIII. OLD BUSINESS 29
30
A. Tree Preservation Ordinance Discussion (8:20 p.m.) 31
Johnson stated that the Council reviewed this at two previous meetings providing 32
direction to staff, along with additional information it would like to review. 33
34
DesLauriers recused himself from this discussion. 35
36
Finke provided a brief overview of his written report. He noted that the longer warranty 37
is not suggested by the forestry expert he consulted with, therefore the two-year 38
warranty was left in the draft. He referenced the replacement ratio for pioneer and 39
hardwood trees and the consensus of the Council previously for a lower replacement 40
ratio for pioneering trees and higher replacement ratio for hardwoods. He stated that he 41
would not recommend exceeding the one for one replacement for hardwoods but noted 42
that a lower ratio could be provided for pioneering trees. 43
44
Martin appreciated the additional research and education provided and noted that she 45
seems to agree with this draft. The other members of the Council also agree with the 46
draft as presented. 47
48
1. Ordinance Amending Chapter 8 of the City Code Pertaining to Tree 49
Preservation and Replacement 50
Medina City Council Meeting Minutes
November 8, 2023
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Moved by Albers, seconded by Martin, to adopt the ordinance pertaining to Tree 1
Preservation and Replacement as presented. Motion passed unanimously. 2
3
2. Resolution to Publish Ordinance by Title and 4
Summary 5
Moved by Albers, seconded by Martin, to adopt the resolution to publish the ordinance 6
by title and summary. Motion passed unanimously. 7
8
DesLauriers rejoined the Council. 9
10
IX. CITY ADMINISTRATOR REPORT (8:26 p.m.) 11
Johnson had nothing further to report. 12
13
X. MAYOR & CITY COUNCIL REPORTS (8:26 p.m.) 14
Martin commented that prior to this meeting the Council held a worksession where it 15
concluded a review of the City Administrator. 16
17
Anderson clarified that the meeting was conducted in a special meeting rather than a 18
worksession. 19
20
Martin commented that she and Johnson attended the future fire planning meeting 21
earlier this month and provided a recap and some of the future steps. 22
23
DesLauriers commented that he attended a quarterly Loretto fire department meeting 24
and provided a recap. He also noted planned retirements. 25
26
It was suggested that the Council recognize the retirement of Chief Ruchti and a detail of 27
the resolution could thank all that have served Hamel Fire throughout the years. 28
29
Nelson commented that they could begin to recognize the retiring members of the fire 30
departments, along with those that received special awards during the year at the 31
holiday party to recognize their years of service. 32
33
XI. APPROVAL TO PAY THE BILLS (8:40 p.m.) 34
Moved by Cavanaugh, seconded by Reid, to approve the bills, order check numbers 35
054945-055003 for $223,516.70, EFT 007037E-007058E for $79,528.10, and payroll 36
EFT 0513093-0513122 for $64,914.35. Motion passed unanimously. 37
38
XII. CLOSED SESSION: CONSIDERATION OF LAND ACQUISITION AT PID 39
0411823110002 AND PID 0411823140004 PURSUANT TO MINN. STAT. SEC. 40
13D.05, SUBD. 3(C) 41
Moved by Martin, seconded by Cavanaugh, to adjourn the meeting to closed session at 42
8:42 p.m. to consider land acquisition at PID 0411823110002 and PID 0411823140004 43
pursuant to Minn. Stat. 13D.05, subd. 3(c). Motion passed unanimously. 44
45
The meeting returned to open session at 9:50 p.m. 46
47
XIII. ADJOURN 48
Moved by Albers, seconded by DesLauriers, to adjourn the meeting at 9:51 p.m. Motion 49
passed unanimously. 50
51
Medina City Council Meeting Minutes
November 8, 2023
11
1
__________________________________ 2
Kathleen Martin, Mayor 3
Attest: 4
5
____________________________________ 6
Caitlyn Walker, City Clerk 7
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14 15 16 17 18 19 20 13 14 15 16 17 18 19 CITY COUNCIL - 7:00 pm
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WORK SESSION - 6:00 pm
CITY COUNCIL - 7:00 pmSMTWTFSSMTWTFS3rd Tuesdays*
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5 6 7 8 9 10 11 3 4 5 6 7 8 9 PLANNING COMMISSION - 7:00 pm
12 13 14 15 16 17 18 10 11 12 13 14 15 16 2nd Tuesdays*
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26 27 28 29 30 31 24 25 26 27 28 29 30 PARK COMMISSION - 7:00 pm
3rd Wednesdays*
S M T W T F S S M T W T F S HOLIDAYS
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2 3 4 5 6 7 8 8 9 10 11 12 13 14 ELECTION DAYS
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16 17 18 19 20 21 22 22 23 24 25 26 27 28 CITY EVENTS
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30 *unless otherwise noted
February 27: Precinct Caucuses
March 5: Presidential Nominating Primary Election (Council Moved to Wednesday)
April 3: 6:30 PM Board of Appeal and Equalization Meeting
April 16: 6 PM - Continuation of Board of Appeal Meeting
April 27: 8 AM to Noon Clean-up Day
May 15: Annual Park Commission Park Tour
August 6: Night to Unite Neighborhood Celebrations (Council moved to Wednesday)
August 13: Primary Election Day (Planning moved to Wednesday)
September 3: 6 PM Budget Open House
September 21: Medina Celebration Day
November 5: General Election Day (Council moved to Wednesday)
JUNE
NOVEMBER
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JANUARY
FEBRUARY
MARCH
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MAY
JULY
AUGUST
SEPTEMBER
OCTOBER
2024
MEETING
CALENDAR
Agenda Item #6A
1
WORK COMPLETION AND ESCROW AGREEMENT FOR
PROPERTY LOCATED AT 1755 TAMARACK DRIVE
This WORK COMPLETION AND ESCROW AGREEMENT (“Agreement”) is made and
entered into this ____ day of _____________, 2023 by and among Jeffrey Alan Striggow and Barbara
Michelle Striggow, formerly known as Barbara Michelle Hagman, husband and wife (collectively,
the “Owners”), and the city of Medina, a Minnesota municipal corporation (the “City”).
RECITALS
A. The Owners are fee owners of the real property located at 1755 Tamarack Drive, Medina,
Minnesota, 55356 and legally described on Exhibit A attached hereto (the “Property”).
B. The Owners conducted various grading and construction activities on the Property without
obtaining required City permits and the activities resulted in impacts to wetlands upon the
Property.
C. The Owners recently submitted to the City an application (“Application”) for an after-the-fact
wetland replacement plan review pursuant to the Minnesota Wetland Conservation Act (the
“Act”) which proposed restoration of a portion of the wetland impacts and mitigation for the
portion of the wetland impacts which are not proposed to be restored.
D. In accordance with the Act, the City reviewed and approved the Application, although such
approval was expressly conditioned, in part, on the Owners (i) strictly adhering to a wetland
restoration and monitoring plan; and (ii) the Owners purchasing wetland credits within six months
of the date of the Application’s approval.
E. The aforementioned approval was also expressly conditioned on the Owners entering into this
Agreement with the City to ensure adherence to the aforementioned conditions.
AGREEMENT
In consideration of the mutual covenants and promises contained herein, the parties hereto
agree and stipulate as follows:
1. Obligations of Owners. The Owners hereby agree to strictly adhere to that certain Wetland
Restoration/Buffer Establishment, Seeding/Management, and Monitoring Plan, which is attached
hereto as Exhibit B (the “Plan”). Such obligations include all express requirements contained in
the Plan, including, without limitation, all construction/grading, seeding, vegetation management,
Agenda Item #6B
2
and reporting activities memorialized therein. Such obligations will be considered fully satisfied
only following (i) a final inspection by the City, or its designee; and (ii) a written determination
by the City, or its designee, that all requirements contained in the Plan were fully satisfied. If the
City determines, in its sole but reasonable discretion, that all such obligations have not been fully
satisfied, the Owners shall be required to perform such corrective or additional work as identified
by the City to attain strict compliance with the Plan.
Additionally, and in accordance with the City’s conditional approval of the Application, the
Owners shall provide the City with proof of purchase of 0.1684 wetland credits from the wetland
bank identified in the Notice of Decision approving the Application. Such proof of purchase shall
be provided to the City within six months of said Notice of Decision.
2. City’s Rights. The City shall retain throughout the term of this Agreement a right of entry upon
the Property at all reasonable times, upon three days’ advanced written notice, to inspect the
Property for compliance and enforce all terms and conditions contained herein. Additionally,
following any determination by the City of non-compliance by the Owners of any obligations
required in section 1 of this Agreement, the City shall have the right, but not the obligation, to do
either or both of the following, as the case may be and at the Owners’ sole expense:
a. If such non-complinace is related to lack of compliance with the Plan, the City may enter
the Property and perform any obligations required in the Plan.
b. If such non-compliance is related to the purchase of wetland credits, the City may purchase
such required wetland credits.
Prior to exercising any rights to perform the Owners’ obligations to the extent authorized above,
the City shall make reasonable efforts to notify the Owners in writing at least 30 days before any
such efforts commence, and the Owners shall thereafter be provided with the subsequent 30 days
to cure such non-compliance. Such 30-day notice is required only prior to the City affirmatively
performing any of the Owners’ obligations herein, as mere inspections instead require only three
days’ advanced written notice as provided above. Nothing contained in this Agreement shall
create liability on behalf of the City for entering onto the Property or otherwise performing the
obligations of the Owners as authorized herein, and the Owners shall have no right to recover any
damages, at law or in equity, for such efforts if done by the City in accordance with the terms
contained herein.
3. Costs; City Reimbursement; Cash Escrow. The Owners agree that all costs associated with the
requirements provided in section 1 above, irrespective of whether performed by the Owners or
the City, must be paid solely by Owners. The City shall assume no cost, either directly or
indirectly, for the performance of such obligations. Additionally, the Owners shall reimburse the
City for its review of the Application, including all professional costs related to processing the
Application, which shall include, but are not necessarily limited to, engineering fees required to
inspect and monitor the site on an ongoing basis and legal fees related to the drafting and recording
of this Agreement. In order to ensure adherence to all such obligations, the Owners shall deliver
to the City immediately upon the execution of this Agreement $18,780.00 (the “Escrow”), which
amount represents the estimated cost to the City should it have to exercise its right to cure the
Owners’ non-compliance, including all incidental costs associated therewith, and the City’s
anticipated professional fees for engineering and legal. The Escrow shall remain in a non-interest
bearing account held by the City until released by the City. The Escrow may be used by the City
to perform the Owners’ obligations provided in section 1 above, following notice and an
opportunity to cure, and to reimburse the City for professional fees due from the Owners pursuant
3
to this Agreement. The City may draw upon the Escrow to pay any costs or expenses it may incur
related to such obligations, as well as any costs and expenses, including attorneys’ fees, that the
City may incur to enforce this Agreement and to recover its costs. If the Escrow is not sufficient
to cover the City’s costs incurred, the Owners shall be required to reimburse the City for any
unreimbursed costs within 30 days of being invoiced by the City. The City agrees to release the
Escrow in accordance with section 4 below.
In the event the City does not recover all of its costs under the provisions of this section 3, as an
additional remedy, the City may, at its option, assess the Property in the manner provided by
Minnesota Statutes, chapter 429, and the Owners hereby consent to the levy of such special
assessment without notice or hearing and waive their rights to appeal such assessments pursuant
to Minnesota Statues, section 429.081, provided that the amount levied, together with the Escrow
deposited with the City under this section, does not exceed the expenses actually incurred by the
City. Further, the City may, at its option, as an additional remedy, recover such expenses actually
incurred by the City as service charges, in the manner provided by Minnesota Statutes, sections
415.01, 366.011, and 366.012, and the Owners hereby consent and agree that any such
unreimbursed costs shall constitute a service fee the City may collect as provided pursuant to the
above-referenced statutes and the Owners further consent to the levy of such assessment without
notice or hearing and waive their rights to appeal such assessments pursuant to Minnesota Statues,
provided the amount levied does not exceed the expenses actually incurred by the City pursuant
to this Agreement. This section 3 shall survive termination of this Agreement.
4. Release of Escrow. Upon the completion of all obligations provided in section 1, the Owners
will notify the City that such obligations have been fully performed. Upon receipt of such
notification, the City shall arrange for a final inspection of the Property to determine compliance
with all such requirements. If the inspection determines that any remaining obligations exist, the
City shall notify the Owners of any outstanding components that are required to satisfactorily
perform. If and when the City verifies, in its sole but reasonable discretion, that all obligations of
the Owners pursuant to this Agreement have been satisfactorily performed, the City shall issue a
check for the release, without interest, of the Escrow balance to the Owners.
5. Representations and Acknolwedgments. The Owners represent that they are fee owners of the
Property, that they have full legal power and authority to encumber the Property as provided in
this Agreement, that in doing so they are not in violation of the terms or conditions of any
instrument or agreement of any nature to which the Owners are bound or which relates in any
manner to the Property. By signing this Agreement, the Owners grant the City a license, and such
other permissions as may be required, to enter the Property as needed, subject to the respective
notice requirements in section 2 above, to conduct inspections and to perform the Owners’
obligations herein, as otherwise provided for and authorized in this Agreement.
6. Liability; Indemnification. Notwithstanding anything to the contrary in this Agreement, the
City, its officers, agents, and employees shall not be liable or responsible in any manner to the
Owners, Owners’ successors or assigns, the Owners’ contractor or subcontractors, material
suppliers, laborers, or to any other person or persons for any claim, demand, damage, or cause of
action of any kind or character arising out of or by reason of the execution of this Agreement or
the performance of this Agreement, or the City’s exercise of its rights under this Agreement, nor
will Owners make any claim against the City for or on account of any injury, loss or damage
resulting from Owners’ Property or use thereof.
The Owners agree to indemnify, protect, hold harmless and defend the City, its officials,
employees, contractors and agents from and against any and all liability, loss, costs, damages,
4
expenses, claims, actions or judgments, including attorneys’ fees which Owners or their
contractors and subcontractors may hereinafter sustain, incur, or be required to pay, arising out of
by reason of any act or failure to act by Owners, its officers, employees, agents or contractors or
arising out of or by reason of this Agreement. Nothing in this Agreement shall constitute a waiver
or limitation of any immunity or limitation on liability to which the City is entitled under
Minnesota Statutes, Chapter 466, or otherwise.
7. Termination. This Agreement shall terminate once all obligations of the Owners memorialized
herein are complete, the City has been fully reimbursed for all costs and expenses it may incur as
provided herein, and the City has returned the Escrow balance to the Owners.
8. Miscellaneous Provisions.
a. Covenant; Assignment. The promises and obligations contained within this Agreement
are covenants running with the Property and are binding on the Owners and their
successors and assigns until this Agreement is terminated as provided herein. This
Agreement and any rights granted to the Owners hereunder shall not be transferred or
assigned without the prior written consent of the City.
b. Entire Agreement; Modification. This Agreement, together with any exhibits hereto,
which are incorporated by reference, constitutes the complete and exclusive statement of
all mutual understandings between the parties with respect to this Agreement, superseding
all prior or contemporaneous proposals, communications, and understandings, whether
oral or written, concerning this Agreement. This Agreement may be modified or amended
only by court order or by a writing executed by all the parties hereto under the provisions
of this Agreement.
c. Notice. Any notice which is required under this Agreement will be deemed "given" upon
hand delivery or three (3) days after prepaid posting in the U. S. Mail whichever will first
occur. Notices shall be delivered or mailed to, or to such other address as a party may
designate by notice to the other party:
If to the Owners: Jeffrey and Barbara Striggow
1755 Tamarack Drive
Medina, Minnesota, 55356
Email: jeffstriggow@endisys.com
If to the City: City of Medina
2052 County Rd 24
Hamel, MN 55340
Attn: City Administrator
Notwithstanding the above, any notice of inspection from the City, which requires three
days’ advanced written notice as provided in section 2 above, may be sent by email to the
Owners at the email address above in lieu of mailed notice.
d. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
e. Recording; Release. The covenants and agreements contained in this Agreement shall
bind the Owners and their successors and assigns and shall run with the Property. It is the
5
intent of the parties to this Agreement that this Agreement be in a form which is recordable
among the property records of Hennepin County, Minnesota. The City intends to record
this Agreement with the County at the Owners’ expense. Upon termination of this
Agreement, the city administrator shall be authorized, upon a written request by the
Owners or their successors or assigns, to execute and deliver a document releasing the
Property from this Agreement and confirming that there are no outstanding obligations to
be performed hereunder.
f. Choice of Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota. Any disputes, controversies, or claims
arising out of this Agreement shall be heard in the state or federal courts of Minnesota,
and all parties to this Agreement waive any objection to the jurisdiction of these courts,
whether based on convenience or otherwise.
g. Waiver. A waiver by the City or the Owners of any breach of any term of this Agreement
shall not be deemed a waiver of any prior or subsequent breach of the same term or any
other term of this Agreement.
h. Headings. Any headings appearing at the beginning of the several sections contained in
this Agreement have been inserted for identification and reference purposes only and shall
not be used in the construction and interpretation of this Agreement.
i. Severability. If any part of this Agreement shall be held invalid, it shall not affect the
validity of the remaining parts of this Agreement, provided that such invalidity does not
materially prejudice either party under the remaining parts of this Agreement and this
Agreement shall be construed as if the unlawful or unenforceable provision or application
had never been contained herein or prescribed hereby.
j. Public Data. This Agreement and the information related to it are subject to the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13, which presumes that data
collected by the City is public data unless classified otherwise by law.
k. Relationship of Parties. Nothing contained in this Agreement shall be deemed to create a
partnership, association or joint venture between the City and the Owners, or to create any
other relationship between the parties other than that of the City and the Owners.
l. Compliance with Laws. The Owners agree to abide by and conform to all laws, rules, and
regulations, including future amendments, controlling or affecting the use or occupancy
of the Property.
m. Attorney Fees. The Owners agree to pay the City's costs and expenses, including attorney
fees, in the drafting and review of this Agreement. The Owners further agrees to pay the
City’s costs and expenses, including attorney fees, in the event a suit or action is brought
by the City against the Owners to enforce the terms of this Agreement.
n. Recitals. The recitals set forth above are incorporated into the Agreement.
[signature pages to follow]
6
IN WITNESS WHEREOF, the undersigned have executed this Agreement to be effective as of
the date first written above.
THE OWNERS:
___________________________________________ Date: ____________________
Jeffrey Alan Striggow
___________________________________________ Date: ____________________
Barbara Michelle Striggow
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of ____________, 2023,
by Jeffrey Alan Striggow and Barbara Michelle Striggow, a married couple.
_____________________________________
Notary Public
7
THE CITY:
CITY OF MEDINA
By: ______________________________
Kathleen Martin
Its: Mayor
Date: ______________________________
By: ______________________________
Scott Johnson
Its: City Administrator
Date: ______________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of ____________, 2023,
by Kathleen Martin, the mayor of the city of Medina, a Minnesota municipal corporation, on behalf of
the City.
_____________________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of ____________, 2023,
by Scott Johnson, the city administrator of the city of Medina, a Minnesota municipal corporation, on
behalf of the City.
_____________________________________
Notary Public
This document was drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9274
A-1
EXHIBIT A
The Property is situated in Hennepin County, Minnesota and legally described as follows:
Abstract Property
PID 2311823340014
B-1
EXHIBIT B
The Plan
[attached]
Page 1 of 1
TO: City Council
FROM: Caitlyn Walker, City Clerk/Assistant to the City Administrator
DATE: November 15, 2023
MEETING: November 21, 2023, City Council Meeting
SUBJECT: Personnel Policy Update
Background
At the October 17, 2023, City Council meeting, the City Council approved amended
personnel policies in response to several recent legislative changes. After the changes
were approved, staff identified that policy 8.95 Severe Weather Policy needs to be
updated to comply with the changes to the sick and safe leave policy. The draft policy is
updated to include sick and safe leave as an option for employees to use if they are
unable to report to work due to severe weather as this is an eligible use under the law.
Additionally, the section stating that police officers and Public Works employees must
report to work regardless of weather conditions is removed as this contradicts the sick
and safe leave policy.
Potential Action: Motion to approve the amended policy 8.95.
MEMORANDUM
Agenda Item #6C
8.95 Severe Weather Conditions
8.95 Severe Weather Conditions
Purpose:
To set forth an appropriate emergency response for employees at City Hall and facilities in the
event of a tornado or other severe weather event, which may require taking shelter or closing of
City offices.
Policy:
1. In the event of a tornado, proceed to the areas marked on the evacuation floor plan as a
safe weather area. Go to the closest area, sit down on the floor along the wall, and
quietly await your Department head. After you have been counted, the supervisor will
give you directions for safety or dismissal. Employees must not leave the area without
their Department head approval.
2. Employees are to be alert for changing weather conditions and act accordingly. If the
City of Medina is open and an employee does not report to work or leaves early in the
interest of their own safety, then that employee must report off work and use sick and
safe leave, compensatory, personal or vacation time or leave without pay.
3. In the event of a severe weather event, the Mayor or City Administrator may close City
offices. Certain employees may not be required to report to work and are not required to
use compensatory, personal time, vacation time or leave without pay. Police Officers and
Public Works employees shall report to work regardless of weather conditions.
Approved By: Medina City Council Date: December 20, 2005; Amended December 21,
2010; Amended September 5, 2017, Amended DATE
Resolution No. 2023-##
DATE
DOCSOPEN-ME230-812-915835.v1-11/16/23
Member ______ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2023-##
RESOLUTION APPROVING LOT SPLIT OF PROPERTY
LOCATED SOUTHWEST OF 1248 HIGHWAY 55
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Paul E. Hermann and Robert M. Clarke (collectively, the “Owners”) each
own an undivided ½ interest of a strip of property located north of Highway 55 and east of
Arrowhead Drive (the “Property”), legally described in Exhibit A, attached hereto; and
WHEREAS, the Property is bisected by Meander Road, a public roadway and the City
has established different land use guiding and zoning designations for the portion of the Property
north of Meander Road and south of Meander Road; and
WHEREAS, Medina Ventures, LLC (the “Applicant”) intends to acquire the portion of
the Property south of Meander Road and include it in the final plat of Meander Park and
Boardwalk (the “Plat”); and
WHEREAS, the Applicant has concurrently requested final approval of the Plat and has
requested that the lot split of the Property be effectuated in coordination with recordation of the
Plat, such that practical combined effect of the lot split and Plat does not result in additional
parcels; and
WHEREAS, on October 10, 2023, the Planning Commission held a duly noticed public
hearing, reviewed the information provided by the Applicant and City staff, heard testimony from
interested parties, and recommended approval of the lot split subject to a series of terms and
conditions; and
WHEREAS, on November 8, 2023, the City Council reviewed the lot split, considered the
recommendation of the Planning Commission and heard additional testimony; and
WHEREAS, subject to the fulfillment of the conditions noted below, the City Council
makes the following findings of fact regarding the proposed lot split based on the requirements of
the Subdivision Ordinance:
a. The proposed lot split 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 #6D
Resolution No. 2023-##
DATE
c. The Property is bisected by Meander Road and the portions north and south of Meander
Road are zoned differently. The Property does not meet the minimum dimensional
standards of either zoning district. The proposed lot split is conditioned on the southern
portion of the Property being combined with an adjoining plat, which practically
improves conformity and serves the purposes of the city zoning and subdivision
regulations.
d. The proposed lot split is not likely to cause substantial environmental damage.
e. The proposed lot split is not likely to be injurious to public health.
f. The proposed lot split and its improvements will not conflict with public or private
streets, easements, or right-of-ways.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby approves the lot split such that the resulting parcels shall be legally described as shown in
Exhibit B, attached hereto, subject to the following conditions:
1) The lot split of the Property shall only be effectuated in coordination with the recordation
of the Meander Park and Boardwalk plat.
2) The Owners and Applicant acknowledge that the proposed division results in two parcels
which do not meet minimum dimensional standards and which are not buildable without
being combined with additional land. The division is nevertheless approved at the request of
the Owners and Applicant in-lieu of platting the parcels as outlots.
3) Park dedication shall be deferred for this division until subsequent platting/subdivision of
the parcels.
4) The Owners and Applicant shall abide by the requirements of the City Attorney related to
title matters and recording instructions, including but not limited to those deemed necessary
to facilitate the recordation of this lot split in conjunction with the Meander Park and
Boardwalk plat.
5) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the lot split and other relevant documents.
6) The lot split shall be effectuated within 180 days of the date of this resolution or the
approval shall be considered void, unless a written request for time extension is submitted
by the Applicant and approved by the City Council.
Dated:
Kathleen Martin, Mayor
ATTEST:
Caitlyn Walker, City Clerk
Resolution No. 2023-##
DATE
The motion for the adoption of the foregoing resolution was duly seconded by member
___________ and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2023-##
DATE
EXHIBIT A
Existing Legal Description of the Property Prior to Lot Split
Resolution No. 2023-##
DATE
EXHIBIT B
Proposed Legal Descriptions After the Lot Split
Parcel North of Meander Road
That part of Government Lot 4, Section 2, Township 118, Range 23 lying and being south of the
following described line: Commencing at a point on the East Line of Government Lot 4, Section
2, Township 118, Range 23, 400 feet north of the Southeast Corner of said Government Lot 4,
thence west on a line parallel to the South line of said Government Lot 4 a distance of 1000 feet
to a point; thence southwest to the Southwest corner of said Government Lot 4 and there ending;
Excepting the East 220 feet thereof.
And
The East 220 feet as measured along the South line of Government Lot 4 of the following
described parcel: That part of Government Lot 4, Section 2, Township 118, Range 23, Hennepin
County, Minnesota lying and being south of the following described line: Commencing at a point
on the East line of Government Lot 4, Section 2, Township 118, Range 23, 400 feet north of the
Southeast corner of said Government Lot 4; thence west on a line parallel to the South line of
said Government Lot 4 a distance of 1000 feet to a point; thence southwest to the Southwest
corner of said Government Lot 4 and there ending.
And
That part of the East 60.00 feet of the East Half of the Southwest Quarter of the Southwest
Quarter of Section 2, Township 118, Range 23, Hennepin County, Minnesota lying northerly of a
line describes as commencing at the southeast corner of said Southwest Quarter of the
Southwest Quarter; thence North 00 degrees 16 minutes 12 seconds East, assumed bearing,
along the east line of said Southwest Quarter of the Southwest Quarter a distance of 518.85 feet
to the point of beginning of the line to be described; thence North 87 degrees 21 minutes 24
seconds West a distance of 13.70 feet; thence southwesterly, westerly and northwesterly 70.66
feet along a non-tangential curve concave to the north having a radius of 45.93 feet and a central
angle of 88 degrees 08 minutes 28 seconds, the chord of said curve bears North 87 degrees 21
minutes 24 seconds West and there terminating.
(Being Registered Land)
Parcel South of Meander Road
That part of the East 60.00 feet of the East Half of the Southwest Quarter of the Southwest
Quarter of Section 2, Township 118, Range 23, Hennepin County, Minnesota lying southerly of a
line describes as commencing at the southeast corner of said Southwest Quarter of the
Southwest Quarter; thence North 00 degrees 16 minutes 12 seconds East, assumed bearing,
along the east line of said Southwest Quarter of the Southwest Quarter a distance of 518.85 feet
Resolution No. 2023-##
DATE
to the point of beginning of the line to be described; thence North 87 degrees 21 minutes 24
seconds West a distance of 13.70 feet; thence southwesterly, westerly and northwesterly 70.66
feet along a non-tangential curve concave to the north having a radius of 45.93 feet and a central
angle of 88 degrees 08 minutes 28 seconds, the chord of said curve bears North 87 degrees 21
minutes 24 seconds West and there terminating.
(Being Registered Land)
And
The East 60.00 feet of that part of the Northwest Quarter of the Northwest Quarter lying north
of State Highway Number 55 and being in Section 11, Township 118, Range 23, Hennepin County,
Minnesota, excepting that part which lies southwesterly of the following described line:
Commencing at the southwest corner of the Southwest Quarter of Section 2, Township 118,
Range 23; thence run northerly along the west line of said Southwest Quarter on an assumed
bearing of North 00 degrees 04 minutes 04 seconds East for a distance of 379.45 feet (115.655
meters); thence South 34 degrees 59 minutes 05 seconds East for 92.45 feet (28.180 meters) to
the actual point of beginning of the line to be described; thence South 69 degrees 59 minutes 37
seconds East for 1443.57 feet (440.00 meters) and said line there terminating.
(Abstract Property)
Ordinance No.### 1
DATE
CITY OF MEDINA
ORDINANCE NO. ###
AN ORDINANCE ESTABLISHING A PLANNED UNIT DEVELOPMENT DISTRICT
FOR “MEANDER PARK AND BOARDWALK”
AND AMENDING THE OFFICIAL ZONING MAP
THE CITY COUNCIL OF MEDINA, MINNESOTA ORDAINS AS FOLLOWS:
Section 1. The City of Medina previously adopted Ordinance No. 700, establishing a
Planned Unit Development (PUD) District for Meander Park and Boardwalk and changing the
zoning classification of a portion of the property legally described in Exhibit A to Planned Unit
Development. The City of Medina has also previously adopted Ordinance No. 706, establishing
an amended PUD District for Meander Park and Boardwalk and rescinding Ordinance No. 700.
Ordinance No. 706 has not yet taken effect and the City subsequently received a request to
approve an amended version of the Planned Unit Development, proposed to include all property
legally described in Exhibit A (the “Property”). Based on the written and oral record before the
Planning Commission and City Council during review of Ordinance Nos. 700 and 706, during
review of the present request to amend said previous approvals, as well as all additional
testimony submitted to the City, the City Council has found that the proposed rezoning of the
Property to Planned Unit Development is consistent with the Comprehensive Plan and serves the
purpose of the Planned Unit Development district.
Section 2. The Property is hereby rezoned to PUD, Planned Unit Development. The
location of the zoning amendment is depicted on the map in Exhibit B, attached hereto.
Section 3. The Meander Park and Boardwalk Planned Unit Development General Plan
is hereby approved.
A. All entitlements, including but not limited to, allowed uses, density, dimensional
standards, setbacks and development standards established within this PUD District
are hereby set forth by the Meander Park and Boardwalk General Plan dated
9/11/2023 (the “General Plan”) which are incorporated herein by reference, except as
may be expressly modified by this ordinance or Resolution 2023-##.
B. Unless specifically addressed by this ordinance, the Property shall be subject to the
requirements set forth by the City of Medina Zoning Ordinance, including the Two-
Family Residential (“R2”) zoning district north of Meander Road, the Commercial-
Highway (“CH”) zoning district south of Meander Road, as well as other relevant
standards which are not district-specific.
C. The lots within the Property south of Meander Road shall be classified as
“Commercial Lots” and the lots within the Property north of Meander Road shall be
classified as “Twinhome Lots” as described in Exhibit B. The Commercial Lots and
Twinhome Lots shall be subject to the relevant standards described herein.
Agenda Item #6E
Ordinance No.### 2
DATE
Section 4. Allowed Uses. The allowed uses within the PUD District shall be as follows:
A. Commercial Lots.
i. Permitted Uses. Permitted uses shall be those described in the General Plan.
Other permitted uses described in the CH zoning district shall be allowed
upon the Commercial Lots, subject to administrative review by City staff for
compliance with relevant standards, including but not limited to parking
requirements.
ii. Conditional Uses. The following shall be permitted within the Commercial
Lots, subject to separate conditional use permit approval, the specific
requirements established in Section 838.5.08, and other applicant provisions
of the city code:
a. Indoor Recreational Uses, including but not limited to bowling alleys,
dance halls, movie theaters, and live entertainment. Notwithstanding the
foregoing, the Event Venue and Conservatory as described within the
General Plan shall be considered permitted uses and shall not require
separate conditional use permit approval.
b. Retail and service uses which include the keeping of animals on-site.
iii. Accessory Uses. Allowed accessory uses shall be those described in the CH
district, except Ground-mounted Solar Equipment shall be permitted only to
the extent shown in the General Plan and Outdoor Storage shall not be
permitted.
B. Twinhome Lots. The permitted, conditional, and accessory uses shall be those
described in the R2 zoning district, except that Accessory Dwelling Units shall not
be permitted. Dwellings, or any portion thereof, shall not be used for short-term
rentals. For the purpose of this ordinance, the term short-term rental means the
rental of a dwelling or portion thereof for less than 30 consecutive days.
Section 5. Lot Standards.
A. The layout of the Commercial Lots and the structures and improvements thereon shall
be substantially consistent with the General Plan. Minor deviations may be approved
by City staff provided the square footage of the structures does not exceed that shown
on the General Plan and the setbacks of the structures and parking lot do not decrease
from that shown.
B. The Twinhome Lots shall be subject to the requirements of the R2 zoning district
except as explicitly described below.
i. Minimum lot size: 4,500 square feet
ii. Minimum front yard setback: 5 feet from front lot line
iii. Minimum side yard setback: 6 feet, except the side yard setback shall be
reduced to zero for the common wall between two dwelling units.
iv. Maximum impervious surface coverage: 62%
v. The shared driveway shall be setback a minimum of 4-feet from the eastern
property line of Oulot B.
Ordinance No.### 3
DATE
Section 6. Design and Development Standards. All standards not specified by this
ordinance are to be the same as found in the Medina Zoning Ordinance for the relevant
underlying zoning districts specified herein. The following deviations from the underlying
performance standards are hereby in effect for the Meander Park and Boardwalk Planned Unit
Development:
A. Building Materials and Design shall be consistent with the standards approved by
the City Council at the time of final plat review, which shall be subject to review
for consistency with any enhancements required in Resolution 2023-##.
B. Landscaping and tree replacement shall be consistent with the landscaping plan
approved by the City Council at the time of final plat review, which shall be
subject to review for consistency with any enhancements required in Resolution
2023-##.
C. The location of Upland Buffers shall be as depicted on the General Plan. Fencing
shall be provided along the edge of the Upland Buffer adjacent to the Twinhome
Lots. Vegetation and signage shall meet relevant ordinance standards.
D. Signage shall abide by the requirements of the City Sign Ordinance except as
expressly described below. Signage on the Commercial Lots shall meet the
requirements described for the Commercial-Highway district except as follows:
i. A maximum of one freestanding sign shall be permitted adjacent to the
Highway 55 frontage on the Property. This sign shall be subject to the
requirements for freestanding signs in the CH district.
ii. One monument sign shall be permitted adjacent to the shared access of
the Commercial Lots adjacent to Meander Road. No pylon sign shall
be permitted along the frontage of Meander Road. The monument
sight shall meet the requirements for monument signs in the CH
district.
iii. Any wall sign on the north or east elevation of the building on Lot 2,
Block 2 shall not be internally illuminated.
iv. No wall sign shall be permitted above the first story of the north
elevation of the building on Lot 1, Block 2.
v. No wall sign shall be permitted above the second story of the east
elevation of the building on Lot 1, Block 2.
vi. Projecting signs shall be permitted, provided adequate clearance is
provided and that the area of such signs is included within the allowed
area of wall signage for the building in question.
E. The owner(s) of the Commercial Lots shall implement active parking
management practices consistent with a plan approved by the City Council at the
time of final plat review. Off-site parking and shuttling shall be implemented as
necessary for larger events within the Event Venue and Conservatory. If the City
Ordinance No.### 4
DATE
determines, in its sole discretion, that such active parking management is
inadequate, the owner(s) shall implement additional practices to the satisfaction of
City staff or limit attendance at events as necessary based on parking supply. Such
determination by the City will be communicated to the owner(s) in writing, and
thereafter the owner(s) will be provided 60 days to adequately address the
inadequacies to the City’s satisfaction.
Section 7. The City of Medina Zoning Administrator is hereby directed to place this
ordinance into effect and to make the appropriate changes to the official zoning map of the City of
Medina to reflect the change in zoning classifications as set forth above only upon recording of
the Meander Park and Boardwalk plat.
Section 8. Ordinance No. 700, adopted January 18, 2023 and Ordinance No. 706,
adopted April 18, 2023, are hereby rescinded, having never become effective.
Section 9. A copy of this ordinance and the updated map shall be kept on file at the
Medina City Hall.
Section 10. This ordinance shall be effective upon its passage, publication, and recording
of the Meander Park and Boardwalk plat.
Adopted by the Medina City Council this ____ day of ______, 2023.
CITY OF MEDINA
By:
Kathleen Martin, Mayor
Attest:
By:
Caitlyn Walker, City Clerk
Published in the Crow River News on this day the _____ of ______, 2023.
Ordinance No.### 5
DATE
EXHIBIT A
Legal Description of the Property
Ordinance No.### 6
DATE
EXHIBIT B
Map Depicting “Commercial” and “Twinhome” Lots
Commercial Lots Twinhome Lots
Resolution No. 2023-##
DATE
Member _________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2023-##
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. ### BY TITLE AND SUMMARY
WHEREAS, the city council of the City of Medina has adopted Ordinance No. ###, an
ordinance establishing a planned unit development district for “Meander Park and Boardwalk”
and amending the official zoning map; and
WHEREAS, Minnesota Statues § 412.191, subdivision 4 allows publications by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the ordinance is six pages in length and contains a map; and
WHEREAS, the city council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina
that the city clerk shall cause the following summary of Ordinance No. ### to be published in the
official newspaper in lieu of the ordinance in its entirety:
Public Notice
The city council of the City of Medina has adopted Ordinance No. ###, an ordinance establishing
a planned unit development district for “Meander Park and Boardwalk.” The ordinance rezones
property located at 1472 Highway 55, which is proposed to be subdivided and developed as to
planned unit development. The development includes four residential lots north of Meander Road
and four commercial lots south of Meander Road. The ordinance establishes regulations related
land use of the property and standards for the design and construction of the development. The
Ordinance rescinds and takes the place of Ordinance No. 706, which was previously adopted by
the City but has not yet taken effect.
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 #6F
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
_____ 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-##
DATE
Member _______ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2023-##
RESOLUTION GRANTING FINAL PLAT APPROVAL FOR
MEANDER PARK AND BOARDWALK
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Medina Ventures, LLC (the “Applicant”) intends to purchase and develop
certain property (the “Property”) located north of Highway 55 and east of Arrowhead Drive,
which is legally described in Exhibit A, attached hereto; and
WHEREAS, on January 17, 2023, the City Council adopted Resolution 2023-07 granting
preliminary plat and planned unit development general plan of development approval to
subdivide and develop most of the Property into four commercial lots, four twinhome lots, and
outlots to contain common improvements and space; and
WHEREAS, on April 18, 2023, the City Council adopted Resolution 2023-58, granting
final approval of the Meander Park and Boardwalk plat; and
WHEREAS, the Applicant has requested to make certain changes to the plat, primarily
adding an additional strip of property along the southeast of the plat; and
WHEREAS, the Applicant has also requested certain changes to the Planned Unit
Development general plan of development; and
WHEREAS, on October 10, 2023, the Planning Commission held a duly noticed public
hearing, reviewed the information provided by the Applicant and City staff, heard testimony from
interested parties, and recommended approval of the modified general plan and plat; and
WHEREAS, on November 8, 2023, the City Council reviewed the proposed modified
general plan and plat, considered the recommendation of the Planning Commission and heard
additional testimony; and
WHEREAS, the City has, as part of its comprehensive plan, conducted a study of the need
for new parks and recreational facilities created by new development, and that study deemed that
projects of this type create additional demand for such facilities; and
WHEREAS, this project will generate more intensive uses and traffic in the area, including
both a residential impact north of Meander Road and commercial impact south of Meander Road
with large groups and overnight lodging facilities, and so the abovementioned study and the City’s
park dedication requirements established in light thereof and required below provide a roughly
Agenda Item #6G
Resolution No. 2023-## 2
DATE
proportionate estimate of the additional need for parks and recreational facilities generated by the
proposed project; and
WHEREAS, regarding the purpose of the Planned Unit Development regulations, the City
Council finds that the proposed modified Planned Unit Development:
a. encourages a variety of uses to support economic expansion and a more efficient use of
land;
b. allows higher standards and more desirable building design;
c. results in limited need for additional utilities or streets and therefor lowers future public
investments;
d. effectuates the objectives of the Comprehensive Plan; and
e. results in a more desirable and creative environment than might be possible through strict
application of zoning and subdivision regulations.
WHEREAS, subject to the fulfillment of the conditions noted below, the City Council
makes the following findings of fact regarding the preliminary plat based on the
requirements of the Subdivision Ordinance:
a. The proposed plat is not in conflict with the Comprehensive Plan and is not premature for
consideration.
b. The subdivision is appropriate for the physical conditions on the site including the
topography, storm water, natural resources, and soils.
c. That the site is physically suitable for the proposed density of development and meets
minimum lot size standards.
d. The proposed subdivision is not likely to cause substantial environmental damage.
e. The proposed subdivision is not likely to be injurious to public health.
f. The proposed subdivision and its improvements will not conflict with public or private
streets, easements, or right-of-ways.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby grants final plat approval for Meander Park and Boardwalk, as depicted on the plat dated
10/18/2023, subject to the following changes, terms and conditions:
1) Approval of the plat is contingent upon effectuation of a subdivision for the additional
property to the east, which if approved shall be effectuated in conjunction with the plat.
2) The Applicant shall enter into a development agreement with the City, which shall include
the conditions described below as well as other requirements by City ordinance or policy.
3) The Applicant shall install all improvements shown on the plans dated 09/11/2023 except
as may be modified herein. The plans shall be updated to address the comments of the
City Engineer.
4) Use of the lower level of the event venue shall be limited to data center use or accessory
storage/service space for the venue.
5) Solar equipment shall be designed and constructed in compliance with all applicable
building and electrical codes and shall be in compliance with all state and federal
regulations regarding co-generation of energy.
6) The Applicant shall incorporate design features and landscaping to improve the
appearance of the vertical poles (legs) of the solar equipment.
Resolution No. 2023-## 3
DATE
7) The Applicant shall construct turn lane improvements on Meander Road as recommended
by the City Engineer.
8) The Applicant shall execute and record instrument(s) in a form and of substance
satisfactory to the City Attorney to ensure all lots have access to a public roadway.
9) The Applicant shall ensure that the secondary emergency access is maintained/plowed to
ensure usability.
10) Vehicle-resistant barriers or fencing shall be provided between Meander Road and the
play area for the daycare.
11) The Applicant shall submit emergency vehicle turning exhibits and adjust solar equipment
and parking lot layout as necessary to ensure adequate circulation to the satisfaction of
City staff.
12) The Applicant shall submit updated lighting plans and photometrics and ensure that light
trespass does not exceed 0.5 FC at the property line.
13) The plat shall dedicate drainage and utility easements over all water mains and hydrants,
over stormwater improvements and in other locations recommended by the City Engineer.
14) The watermain and hydrants within the commercial lots shall be privately maintained.
15) The Applicant shall submit a letter of credit in an amount of 150% of the cost of site
improvements in order to ensure completion.
16) Park dedication for the subdivision shall be provided as follows:
a. Trail easement north of Meander Road
b. Fee title conveyance of the eastern 26-feet of the Property south of Meander Road (Outlot
D), free and clear of any encumbrances
c. Grading/slope easement for trail construction over eastern 10-feet of lots 1 & 3, block 2
d. $26,038 cash-in-lieu of additional dedication
17) The Applicant shall execute and record two Stormwater Maintenance Agreements in a form
and of substance acceptable to the City Attorney to describe the responsibility of the
property owners to maintain the private stormwater improvements.
18) The Applicant shall implement the Wetland Conservation Act Wetland Replacement Plan.
19) The Applicant shall establish Upland Buffers in the locations identified on the General Plan
of Development. Such buffers shall meet the requirements of the wetland protection
ordinance including but not limited to: execution and recordation of two Upland Buffer
Easement Agreements in a form and of substance acceptable to the City Attorney, planting
of appropriate vegetation, and installation of signage.
20) The commercial property shall be subject to the City’s lawn and landscaping irrigation
regulations. No lawn or landscape irrigation systems shall be permitted to be connected to
the City water system.
21) The Applicant shall obtain all permits required by Elm Creek Watershed District, Minnesota
Department of Transportation, the Minnesota Department of Health, the Minnesota
Pollution Control Agency, the Metropolitan Council and any other relevant agencies.
22) The Applicant shall enter into a petition and waiver with the City in a form and of substance
acceptable to the City Attorney related to future assessment for construction of Tamarack
Drive.
23) The Applicant shall provide proof of agreement(s) for off-site commercial parking during
peak usage that meets the satisfaction of the City.
24) The Applicant shall provide for ongoing active management of the lodging facilities located
on the commercial property.
Resolution No. 2023-## 4
DATE
25) Building plans shall be subject to review and approval by City staff for general compliance
with the general plan of development and Architectural Narrative document created by
Villamil Architecture dated 09/01/2023, except as required to be modified herein.
26) The Applicant shall address all comments and requirements of the City Attorney’s plat
opinion and abide by the recommendations of the City Attorney with regard to title matters
and recording instructions.
27) The plat shall be recorded in the office of the Hennepin County Recorder and Registrar of
Titles within 180 days of the date of the resolution or the approval shall be considered void,
unless a written request for time extension is submitted by the Applicant and approved by
the City Council.
28) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the plat, general plan of development, construction plans, and other
relevant documents.
Dated:
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-## 5
DATE
EXHIBIT A
Legal Description of the Property
ME230-800-859539.v7
DRAFT
November 16, 2023
PLANNED UNIT DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF MEDINA
AND
MEDINA VENTURES, LLC
FOR
MEANDER PARK AND BOARDWALK
This document drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
Agenda Item #6H
ME230-800-859539.v7 i
TABLE OF CONTENTS
PAGE
1. Zoning; Number of Units; Adherence to General Plan ................................................................. 1
2. Right to Proceed ............................................................................................................................ 2
3. Plans; Improvements ..................................................................................................................... 3
4. Erosion Control ............................................................................................................................. 3
5. Site Grading; Haul Route .............................................................................................................. 4
6. Construction of Subdivision Improvements ................................................................................. 4
7. Shared Driveway ........................................................................................................................... 6
8. Meander Road Improvements and Access to Commercial Lots ................................................... 6
9. Sanitary Sewer and Water Improvements ..................................................................................... 7
10. Stormwater Improvements ............................................................................................................ 7
11. Landscaping Plan; Landscape Irrigation Plan; Tree Removal ...................................................... 8
12. Lighting ......................................................................................................................................... 9
13. Trails and Boardwalk .................................................................................................................... 9
14. Additional Parking; Management of Lodging .............................................................................. 9
15. Letter of Credit ............................................................................................................................ 10
16. Homeowners’ Association .......................................................................................................... 11
17. Wetlands; Upland Buffer Easement Agreement ......................................................................... 11
18. Tamarack Drive Improvements .................................................................................................. 11
19. City Trunk Connection Rates; SAC Fees ................................................................................... 12
20. Park Dedication Requirements ................................................................................................... 12
21. Responsibility for Costs; Escrow for Construction Inspection ................................................... 12
22. Developer’s Default .................................................................................................................... 13
23. Insurance ..................................................................................................................................... 13
24. No Building Permits Approved; Certificates of Occupancy ....................................................... 13
25. Clean up and Dust Control .......................................................................................................... 14
26. Compliance with Laws ............................................................................................................... 14
27. Agreement Runs with the Land .................................................................................................. 14
28. Indemnification ........................................................................................................................... 14
29. Assignment ................................................................................................................................. 15
30. Notices ........................................................................................................................................ 15
31. Severability ................................................................................................................................. 15
32. Non-waiver ................................................................................................................................. 16
33. Estoppel Certificate; Partial Release ........................................................................................... 16
34. Counterparts ................................................................................................................................ 16
SIGNATURES .......................................................................................................................................... 17-18
EXHIBIT A LEGAL DESCRIPTION OF PROPERTY
EXHIBIT B LIST OF PLAN DOCUMENTS
EXHIBIT C FORM OF STORMWATER MAINTENANCE AGREEMENT
EXHIBIT D FORM OF TRAIL EASEMENT
EXHIBIT E SUBDIVISION IMPROVEMENT COST ESTIMATE
EXHIBIT F FORM OF UPLAND BUFFER AREA EASEMENT AGREEMENT
EXHIBIT G FORM OF PETITION AND WAIVER AGREEMENT
ME230-800-859539.v7 1
This Planned Unit Development Agreement (the “Agreement”) is made and entered into
this ____ day of ______________, 20__, by and between the city of Medina, a municipal
corporation under the laws of Minnesota (the “City”), and Medina Ventures, LLC, a Minnesota
limited liability company (the “Developer”).
WITNESSETH:
WHEREAS, the Developer is fee owner of the property located at 1472 Trunk Highway 55
which is located north and south of Meander Road and legally described in Exhibit A attached
hereto (the “Property”); and
WHEREAS, the City has adopted Ordinance ______ rezoning the Property to Planned Unit
Development and Resolution ______ granting final approval of the plat of Meander Park and
Boardwalk (the “Subdivision); and
WHEREAS, the Developer intends to develop the Property with four twin homes north of
Meander Road and commercial uses south of Meander Road; and
WHEREAS, the aforementioned ordinances and resolutions related to the rezoning, the
General Plan for Development, and the final plat of the Subdivision shall be collectively referred to
herein as the “City Approvals”; and
WHEREAS, the City Approvals are contingent upon the Developer entering into a planned
unit development agreement satisfactory to the City.
NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the
parties agree as follows:
1. Zoning; Number of Units; Adherence to General Plan. a) Subject to execution of this
Agreement and all other conditions contained in the City Approvals, the Property has been zoned
Planned Unit Development and may be developed with no more than four twin homes to the north of
Meander Road and commercial development on four lots to the south of Meander Road. This
represents an increase in the density allowed and flexibility from other requirements under the
previous zoning designations of the Property and was approved because the City, based on the plans
submitted by the Developer, determined that the development, with its proposed features, met the
intent and purposes of its planned unit development ordinance. Approval of the development
described herein is strictly conditioned upon the Developer’s compliance with all terms and
conditions of the City Approvals and this Agreement.
b) Adherence to the City Approvals involves restrictions on the Developer’s ability to
use and develop the Property. The Developer has carefully reviewed the City’s planned unit
development ordinance and the terms and conditions of the City Approvals and understands the
limitations on the use and development of the Property that such regulations and approvals impose.
The Developer has knowingly and willingly agreed to be bound by such regulations and approvals
because it has concluded it is in its best interests to see the Property developed pursuant to such
regulations and approvals.
ME230-800-859539.v7 2
2. Right to Proceed. The Developer may not construct public or private improvements
or any buildings within the Subdivision until all of the following conditions precedent have been
satisfied:
a) the final plat of Meander Park and Boardwalk has been approved by the
City;
b) this Agreement has been executed by the Developer and the City and
recorded with Hennepin County land records;
c) the required Letter of Credit (as hereinafter defined) has been received by
the City from or on behalf of the Developer;
d) final engineering and construction plans in digital form regarding the
Subdivision Improvements (as hereinafter defined) have been submitted by
the Developer and approved by the City engineer;
e) the Developer has reimbursed the City for all legal, engineering and
administrative expenses reasonably incurred to date by the City regarding
the Subdivision and has deposited with the City the additional inspection
escrow required by this Agreement;
f) the Developer has executed an instrument providing perpetual access over
the shared driveway for the residential lots in a form approved by the city
attorney;
g) the Developer has executed an instrument providing perpetual access over
Lot 1, Block 2 for the commercial lots in a form approved by the city
attorney;
h) the Developer has executed two Stormwater Maintenance Agreements
substantially in the form attached hereto as Exhibit C;
i) the Developer has executed a trail easement substantially in the form
attached hereto as Exhibit D;
j) the Developer has executed two Upland Buffer Easement Agreements
substantially in the form attached hereto as Exhibit F;
k) the Developer has executed the Petition and Waiver Agreement in the form
attached hereto as Exhibit G;
l) the Developer has conveyed Outlot D of the Subdivision to the City and paid
the park dedication fee as required in section 20;
m) the Developer has submitted and the City has approved the certified grading
plan;
n) all erosion control measures are in place;
o) the Developer has received all required permits from the Elm Creek
Watershed District, the Minnesota Pollution Control Agency, the Minnesota
Department of Transportation, the Minnesota Department of Health, the
Metropolitan Council and any other entity having jurisdiction over the
Subdivision;
p) the Developer or the Developer’s engineer has initiated and attended a
pre-construction meeting with the City engineer and staff; and
ME230-800-859539.v7 3
q) the City has issued a notice that all conditions precedent have been satisfied
and that the Developer may proceed to construct the improvements
contemplated by this Agreement.
Notwithstanding the foregoing, the Developer may request written approval from the City to allow
the commencement of grading activities prior to the satisfaction of one or more of the conditions
above, provided, however, that any decision regarding whether to grant such written approval shall
be left entirely to the discretion of City staff and consultants. If approved, the Developer assumes
any and all risk associated with performing such grading work prior to the satisfaction of any
uncompleted conditions.
3. Plans; Improvements. a) The Developer agrees to develop the Subdivision in
accordance with the final plat of Meander Park and Boardwalk and the terms and conditions of the
City Approvals, which are hereby fully incorporated by reference into this Agreement and made a
part hereof, and to construct all required improvements in accordance with the approved engineering
and construction plans (collectively, the “Plans”) and this Agreement. In the event of a conflict
between the terms of the City Approvals and this Agreement, this Agreement shall control. The
documents which constitute the Plans are those on file with and approved by the City and are listed
on Exhibit B attached hereto. The Plans may not be modified by the Developer without the prior
written approval of the City or except as expressly provided in this Agreement. Notwithstanding the
foregoing, City staff may approve minor changes to the Plans.
b) In developing the Subdivision in accordance with the Plans, the Developer shall make
or install at its sole expense the following public and private improvements (collectively, the
“Subdivision Improvements”):
1. site grading;
2. shared driveway;
3. improvements to Meander Road;
4. trails;
5. sanitary sewer;
6. municipal water distribution system;
7. stormwater facilities;
8. parking lot improvements;
9. landscaping;
10. landscape irrigation system;
11. upland buffers; and
12. lighting.
c) All work performed by or on behalf of the Developer on or related to the Subdivision,
including construction of the Subdivision Improvements and construction of any building within the
Subdivision, shall be restricted to the hours of 7:00 a.m. through 8:00 p.m., Monday through Friday
and 8:00 a.m. through 5:00 p.m. on Saturday.
4. Erosion Control. a) All construction regarding the Subdivision Improvements shall
be conducted in a manner designed to control erosion and in compliance with all City ordinances
ME230-800-859539.v7 4
and other requirements, including the City’s permit with the Minnesota Pollution Control Agency
regarding municipal separate storm sewer system program. Before any portion of the Property is
rough graded, an erosion control plan shall be implemented by the Developer as approved by the
City. The City may impose additional reasonable erosion control requirements after the City’s
initial approval if the City deems such necessary due to a change in conditions. All areas disturbed
by the excavation shall be reseeded promptly after the completion of the work in that area unless
construction of streets, utilities, parking areas, buildings, stormwater facilities or other
improvements is anticipated soon thereafter. Except as otherwise provided in the erosion control
plan, seed shall provide a temporary ground cover as rapidly as possible. All seeded areas shall
be mulched, and disc anchored as necessary for seed retention. The parties recognize that time is
of the essence in controlling erosion.
b) If the Developer does not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems
reasonably appropriate to control erosion based on the urgency of the situation. The City agrees
to provide reasonable notice to the Developer in advance of any proposed action, including notice
by telephone or email in the case of emergencies, but limited notice by the City when conditions
so dictate will not affect the Developer’s obligations or the City’s rights hereunder.
c) The Developer agrees to reimburse the City for all expenses it reasonably incurs in
connection with any action it takes to control erosion. No grading or construction of the
Subdivision Improvements will be allowed and no building permits will be issued within the
Subdivision unless the Developer is in full compliance with the erosion control requirements. The
erosion control measures specified in the Plans or otherwise required within the Subdivision shall
be binding on the Developer and its successors and assigns.
5. Site Grading; Haul Route. a) In order to construct the Subdivision Improvements
and otherwise prepare the Property for development, it will be necessary for the Developer to grade
the Property. All site grading must be done in compliance with the Plans and the requirements of
the Minnesota Pollution Control Agency regarding contaminated soils. The City may withhold
issuance of building permits for structures within the Subdivision until the approved certified
grading plan is on file with the City and all erosion control measures are in place as determined by
the City. Within 30 days after completion of the grading, the Developer shall provide the City
with an “as constructed” grading plan and a certification by a registered land surveyor or engineer.
b) The Developer agrees that any fill or other material which must be brought to or
removed from the Property while grading or during construction of the Subdivision Improvements
or any buildings within the Subdivision will be transported using the haul routes established by
the City. The City designates the haul routes as Meander Road to Arrowhead Drive to T.H. 55
and Meander Road to County Road 116.
6. Construction of Subdivision Improvements. a) All Subdivision Improvements
shall be installed in accordance with the Plans, the City Approvals, this Agreement, the City’s
subdivision regulations, the City’s engineering standards (as hereinafter defined) for utility
construction, and the requirements of the report from the City engineer dated ______________,
20__. The Developer shall submit plans and specifications for the Subdivision Improvements
ME230-800-859539.v7 5
prepared by a registered professional engineer. The Developer shall obtain any necessary permits
from the Minnesota Pollution Control Agency, the Metropolitan Council, the Minnesota
Department of Health, the Elm Creek Watershed Management Commission, the Minnesota
Department of Transportation and any other agency having jurisdiction before proceeding with
construction. The City shall inspect all work at the Developer’s expense. The Developer, its
contractors and subcontractors, shall follow all instructions received from the City’s inspectors.
Prior to beginning construction, the Developer or the Developer’s engineer shall schedule a
pre-construction meeting with all parties concerned, including the City staff and engineers, to
review the program for the construction work.
b) Within 45 days after the completion of the Subdivision Improvements, the Developer
shall supply the City with a complete set of reproducible “as constructed” plans and three complete
sets of paper “as constructed” plans, each prepared in accordance with City standards and in
AutoCADD format based on Hennepin County coordinates. Sanitary sewer, water and stormwater
“as constructed” plans shall also be submitted to the City in GIS format compatible with ArcMap
10 in the coordinates and with the attributes directed by the City Engineer. Iron monuments must
be installed in the Subdivision in accordance with state law. The Developer’s surveyor shall
submit a written notice to the City certifying that the monuments have been installed. Subject to
events of force majeure that are entirely outside of the Developer’s control and unless otherwise
extended by the City, in its sole discretion, all Subdivision Improvements required by this
Agreement shall be completed by no later than May 1, 2025, unless specifically noted otherwise
in this Agreement.
c) The Developer agrees to require its contractor to provide to the City a warranty bond
for the improvements to Meander Road, sanitary sewer, and municipal water distribution system
that will become public to cover defects in labor and materials for a period of two years from the
date of completion of such improvements. During such warranty period, the Developer agrees to
repair or replace, or to cause its contractor to repair or replace, any defective Subdivision
Improvement covered, or portion or element thereof, normal wear and tear excepted. A decision
regarding whether a Subdivision Improvement is defective shall be made by the City in the
reasonable exercise of its judgment. If the Developer or its contractor fails to repair or replace a
defective Subdivision Improvement during the warranty period after prior written notice to
Developer and opportunity to cure as provided in section 22 of this Agreement, the City may repair
or replace the defective portion and may use the Letter of Credit, as hereinafter defined, to
reimburse itself for such costs. The Developer agrees to reimburse the City fully for the cost of
all defective Subdivision Improvement repairs or replacement if the cost thereof exceeds the
remaining amount of the Letter of Credit. Such reimbursement must be made within 45 days of
the date upon which the City notifies the Developer of the cost due under this section. If the
Developer fails to make required payments to the City, the Developer hereby consents to the City
levying special assessments for any unreimbursed amount associated with such costs against the
lots in the Subdivision which are benefited by the Subdivision Improvement. The Developer, on
behalf of itself and its successors and assigns, acknowledges the benefit to the lots within the
Subdivision of the repair or replacement of the Subdivision Improvements and hereby consents to
such assessment and waives the right to a hearing or notice of hearing or any appeal thereon under
Minnesota Statutes, Chapter 429.
ME230-800-859539.v7 6
d) Construction of the Subdivision Improvements will require some wetland filling and
will necessitate the submission and approval of a Wetland Conservation Act Wetland Replacement
Plan. The Developer shall strictly adhere to all requirements of the approved Wetland
Replacement Plan.
e) Notwithstanding the deadline for completion of the Subdivision Improvements provided
in section 6b above or the earlier deadline for completion of those located within the Meander Road
right-of-way provided in section 8a below, the parties have agreed to a later deadline for certain non-
public Subdivision Improvements that will serve the residential portion of the development north of
Meander Road. Specifically, the Developer shall complete the following Subdivision Improvements
located north of Meander Road on or before November 30, 2025: the private driveway, landscaping,
and stormwater improvements (the “Non-Public Residential Improvements”). Nothing contained
herein shall be interpreted to alter or affect any mandatory prerequisites of the issuance of building
permits, as provided in section 24.
7. Shared Driveway. The Developer will construct a shared driveway over Outlot A
of the Subdivision, in accordance with the Plans, to serve each of the four twin home lots (the
“Shared Driveway”). The Shared Driveway shall remain privately owned and maintained by the
Developer, its successors in title, an HOA, as hereinafter defined, or by the individual lot owners
within the Subdivision. The Developer will prepare, execute, and record a shared driveway
easement or declaration instrument, which must provide for perpetual access rights to the owners
of all four twin home lots over the portion the Shared Driveway necessary to adequately access
their respective lots. Said instrument shall be in a form acceptable to the city attorney, and no
building permits will be issued for any of the twin home lot unless and until said declaration has
been duly recorded.
8. Meander Road Improvements and Access to Commercial Lots. a) To facilitate the
transportation needs prompted by the commercial development, the Plans include certain
improvements to Meander Road, including the construction of a left turn lane into the portion of the
Subdivision south of Meander Road. Notwithstanding the deadline for the other Subdivision
Improvements provided in section 6 above, all Subdivision Improvements contemplated within the
Meander Road right-of-way shall be completed on or before September 30, 2024.
b) There is no public or private road planned within the commercial area of the Subdivision
which will provide access to the commercial lots. Ingress and egress to Meander Road will be by
means of an access over a portion of Lot 1, Block 2 and drive aisles or other similar improvements to
all lots contained within Block 2. The Developer must record an easement instrument burdening Lot
1, Block 2 and benefiting Lots 2, 3 and 4, Block 2 which provides adequate pedestrian and vehicular
access to and from Meander Road and parking for all lots south of Meander Road. The instrument
creating said easements must be reviewed and approved by the city attorney prior to its recordation.
c) The Developer shall provide a secondary access from Meander Road to the four
commercial lots in a location and of a design reasonably approved by the city engineer. The secondary
access must be maintained and kept open by the Developer, its successors and assigns, throughout the
year.
ME230-800-859539.v7 7
d) While no direct vehicular access between the commercial portion of the Subdivision and
the property to the east is planned at the present time, such an access may be needed in the future
upon development of the abutting property. The Developer shall design the parking and drive aisles
on the commercial portion of the Subdivision so that, upon notice by the City to the Developer, an
access point could be constructed to the property to the east or any public or private street adjacent to
the Subdivision.
9. Sanitary Sewer and Water Improvements. The Developer agrees to construct all
sanitary sewer and water improvements to serve the residential lots and the commercial lots within
the Subdivision. The Developer’s work in constructing and extending the utilities must be in
accordance with the Plans and must comply with all City requirements regarding such utilities.
The sanitary sewer main and water main extensions for the residential lots will be dedicated by the
Developer to the City as public improvements upon completion and acceptance by the City
notwithstanding their location underneath the Shared Driveway. All sewer and water utilities and
hydrants located on the commercial lots shall be located in easements dedicated to the public on
the plat but such utilities will be privately maintained.
10. Stormwater Improvements. a) The Developer agrees to construct the stormwater
facilities in accordance with the Plans and in compliance with all City requirements regarding such
improvements. The stormwater facilities include but are not limited to the dry basin north of
Meander Road and the biofiltration and underground storage south of Meander Road, all as shown
on the Plans. In the event that the Developer installs a well to supplement the water used by its
irrigation reuse system for the commercial lots, it shall meter and keep record of the amount of
water utilized by said well and it shall make said records available to the City upon request. The
Developer acknowledges that an appropriation permit may be required depending on the amount
of water utilized by said well, per state requirements.
b) The stormwater facilities serving the Subdivision will remain private and will be
maintained by the Developer at its sole expense until taken over by the HOA (north of Meander
Road), as hereinafter defined, or the individual property owners (south of Meander Road). The City
does not intend to accept the stormwater facilities as public and does not intend to maintain them. In
order to meet the requirements of the Elm Creek Watershed Management Commission and City code,
the Developer agrees to enter into two Stormwater Maintenance Agreements with the City, one for
the residential portion of the Subdivision north of Meander Road and one for the commercial portion
of Subdivision south of Meander Road. The agreements shall be in the general form attached hereto
as Exhibit C. The purpose of the Stormwater Maintenance Agreements is to ensure that the Developer
maintains the stormwater facilities until taken over by the HOA or individual property owners, as the
case may be, and to give the City the right but not the obligation to do so if the Developer or any
successor fails in its obligations. The Stormwater Maintenance Agreements will be recorded against
the respective portions of the Subdivision and will run with the land. The Developer acknowledges
that i) the stormwater facilities have not and will not be accepted by the City; ii) the City does not
plan to maintain or pay for maintenance, repair or replacement of the stormwater facilities and that
the Developer and ultimately the HOA or individual property owners will have primary
responsibility for such work; iii) the City has the right but not the obligation to perform necessary
work upon the failure or refusal by the responsible party to do so; and iv) if the City performs any
work on the stormwater facilities after reasonable notice to the Developer, HOA, or individual
ME230-800-859539.v7 8
property owners, as the case may be, and the failure of any responsible party or parties to perform
the work, the City intends to specially assess the cost of such work against the lots within the
Subdivision benefited by the stormwater facilities.
c) The Developer will make an HOA responsible for the maintenance, repair or
replacement of the residential stormwater facilities north of Meander Road as needed and the HOA
documents recorded with Hennepin County shall so require. Likewise, the Developer will make
the individual property owners south of Meander Road responsible for the maintenance, repair or
replacement of the commercial stormwater facilities as needed and a declaration recorded against
said lots with Hennepin County shall so require. The Developer agrees to inform purchasers of
lots within the Subdivision that i) the City does not plan to maintain or pay for maintenance, repair
or replacement of the stormwater facilities and that either the HOA (north of Meander Road) or
individual property owners (south of Meander Road) will have primary responsibility for such
work; ii) the City has the right but not the obligation to perform necessary work upon the failure
or refusal by the responsible party to do so; and iii) if the City performs any work on the stormwater
facilities after reasonable notice to the responsible party and the failure to perform the work, the
City intends to recover the cost of such work against the benefitting lots within the Subdivision.
d) The Developer acknowledges that the City intends to establish a storm sewer
improvement tax district to include all land to the north of Meander Road. The district will be
established pursuant to Minnesota Statutes, sections 444.16 to 444.21 and will authorize the City to
acquire, construct, reconstruct, extend, maintain, and otherwise improve storm sewer systems and
related improvements within or serving said property if such work becomes necessary in the opinion
of the City. In recognition of this possibility, the Developer agrees to provide prospective lot
purchasers with a disclosure statement informing them of the existence of the storm sewer
improvement tax district and that a tax could be imposed on the residential lots within the Subdivision
if the City is required to repair or maintain the storm sewer systems and related improvements. The
wording of the disclosure statement must be approved by the City for use in connection with the sale
of residential lots in the Subdivision prior to its distribution or use by the Developer.
e) Notwithstanding the City’s longstanding policy and practice of requiring that
stormwater facilities be privately inspected and maintained by the respective property owners and/or
owners’ associations served by them, nothing contained in this Agreement shall be interpreted to
prohibit or in any way limit the City from amending that policy and practice, via ordinance or
otherwise, and taking over such inspection and maintenance responsibilities, if deemed necessary by
the City in its sole discretion and irrespective of compliance with the provisions contained herein by
the Developer, the HOA, or the individual lot owners.
11. Landscaping Plan; Landscape Irrigation Plan; Tree Removal. a) The Developer
agrees to install landscaping in accordance with the Plans. All landscaping shall include hardy, non-
invasive and drought tolerant species appropriate for Minnesota in accordance with the Plans. All
landscaping materials shall be maintained and replaced if they die within two years from the date of
installation.
b) Any automatic water irrigation system utilized within the Subdivision shall be
equipped with rain sensors or soil moisture sensors. Any automatic water irrigation system utilized
ME230-800-859539.v7 9
within the commercial portion of the Subdivision is subject to the City’s irrigation ordinance and
water conservation ordinance which prohibits the use of treated municipal water in connection with
landscape irrigation systems. Notwithstanding the aforementioned prohibition regarding water
irrigation systems, water may be utilized from the public water system for a limited period of time
until the landscaping material within the applicable portion of the Subdivision has been
established. The Developer will submit the plans for the irrigation system prior to any permit
being issued for any structures within the Subdivision.
c) The City has approved a tree removal plan, as part of the Plans, that permits the
Developer to remove more trees within the Subdivision than is otherwise permitted due to the
predominance of ash, box elder and cottonwood trees on the Property. Any tree removal on the
Property beyond what is permitted in the Plans shall be subject to replacement or fees in
accordance with the City’s tree preservation ordinance.
12. Lighting. The Developer agrees to install lighting within the Subdivision at its sole
cost. Prior to the issuance of any building permits, the Developer shall submit lighting details to
the City for review and approval by City staff. All lighting shall meet City standards and shall be
equipped with luminaries which allow no light more than five percent above the horizontal plane.
The Developer shall ensure that the lighting does not exceed 0.5FC at the property line. The HOA
(north of Meander Road) or individual property owners (south of Meander Road), as the case may
be, will be required to maintain the lighting fixtures and said improvements will not be accepted
by the City as public improvements.
13. Trails and Boardwalk. a) The trails and boardwalk shall be constructed by the
Developer in accordance with the Plans. The boardwalk and private trails shall be owned and
maintained by the individual property owners. The City shall have no obligation to maintain,
repair, or replace the boardwalk or private trails.
b) The Developer shall construct a trail on the north side of Meander Road from the eastern
Property line to the crossing at the commercial access. Following the satisfactory completion of
said trail, the City will accept it as a public improvement and thereafter, the Developer shall have
no obligation to maintain, repair, or replace the public trail. The Developer shall also execute a
trail easement in the form attached hereto as Exhibit D.
14. Additional Parking; Management of Lodging. a) The proposed commercial uses
have an aggregate parking requirement under the city code of 264 spaces but the portion of the site
south of Meander Road has only 249 spaces planned. While this may be adequate a majority of
the time because parking demand will occur at different times of the day for different uses, there
are likely to be occasions when parking is insufficient when the event center is in use. To
accommodate peak parking demand, the Developer agrees to enter into an agreement with one or
more owners of nearby property allowing overflow parking from the Subdivision on nearby
property. Developer shall use commercially reasonable efforts to cause such an agreement to
remain in place at all times and be satisfactory to the City. Accommodation of parking needs on
the commercial site shall be the sole responsibility of the Developer, and accordingly, the
Developer agrees that it will limit attendance in the event center if parking, whether on-site or as
provided through any parking agreement with nearby owners, is anticipated to be insufficient.
ME230-800-859539.v7 10
b) The commercial portion of the Subdivision will include 12-15 lodging rooms for the
use of overnight guests attending functions at the proposed event center. Said lodging
accommodations must be actively managed on site and the Developer will, prior to operation,
submit a plan reasonably satisfactory to the City detailing how the lodging units will be staffed
and managed.
15. Letter of Credit. a) In order to ensure completion of the Subdivision Improvements
required under this Agreement and satisfaction of all fees due to the City, the Developer agrees to
deliver to the City prior to the City’s release of the final plat of the Subdivision for recording, a
letter of credit (the “Letter of Credit”) in the amount of $682,500 which represents 150 percent of
the estimated cost of the Subdivision Improvements as specified in the Plans. This amount
represents the maximum risk exposure for the City, based on the anticipated sequence of
construction and the estimate of cost of each element of the Subdivision Improvements, rather than
the aggregate cost of all required Subdivision Improvements. The Letter of Credit shall be
delivered to the City prior to beginning any work on the Subdivision Improvements and shall
renew automatically thereafter or be replaced with a new Letter of Credit 60 days prior to the
expiration thereof until released by the City. The estimated cost of the work covered by the Letter
of Credit is itemized on Exhibit E attached hereto. The Letter of Credit shall be issued by a bank
determined by the City to be solvent and creditworthy and shall be in a form acceptable to the City.
The Letter of Credit shall allow the City to draw upon the instrument, in whole or part, in order to
complete construction of any or all of the Subdivision Improvements and other specified work
within the Subdivision and to pay any fees or costs due to the City by the Developer after written
notice to Developer and Developer’s failure to cure the default as provided in section 22 of this
Agreement.
b) The amount of the Letter of Credit may be reduced as the Subdivision
Improvements are completed upon written request from the Developer. Upon such request, the
City agrees to reduce the Letter of Credit to an amount roughly equal to 150 percent of the cost of
the remaining work, subject to evaluation of the City’s maximum risk exposure and satisfaction of
the Developer’s financial obligations to the City. The Letter of Credit shall be released in full and
returned to the Developer within 60 days following completion of all Subdivision Improvements
and acceptance of all public elements of the Improvements; expiration of the two-year warranty
period for the landscaping and after satisfaction of all financial obligations by the Developer to the
City. Prior to releasing any portion of the Letter of Credit or accepting another letter of credit in
replacement, the City shall first be satisfied regarding the quality and completeness of the work
and that the Developer has taken such steps as may be necessary to ensure that no liens will attach
to the Subdivision. Notwithstanding anything herein to the contrary, the Letter of Credit shall not
be reduced to less than $50,000, until such time as the City releases the entire Letter of Credit and
subject to delivery of the required warranty bond to the City.
c) It is the intention of the parties that the City at all times have available to it a Letter
of Credit in an amount adequate to ensure completion of all elements of the Subdivision
Improvements and other obligations of the Developer under this Agreement. To that end and
notwithstanding anything herein to the contrary, all requests by the Developer for a reduction or
release of the Letter of Credit shall be evaluated by the City in light of that principle.
ME230-800-859539.v7 11
d) If at any time the City reasonably determines that the bank issuing the Letter of
Credit no longer satisfies the City’s requirements regarding solvency and creditworthiness, the
City shall notify the Developer and the Developer shall provide to the City within 30 days a
substitute Letter of Credit from another bank meeting the City’s requirements. If within 30 days
of notice the Developer fails to provide the City with a substitute Letter of Credit from an issuing
bank satisfactory to the City, the City may draw under the existing Letter of Credit.
16. Homeowners’ Association. a) The Developer agrees to establish a homeowners’
association (the “HOA”), which shall include all residential land within the Subdivision. The
Developer agrees to record covenants against said land for this purpose, which covenants must be
in form and substance acceptable to the City. The covenants shall be filed by the Developer with
Hennepin County prior to any building permits being issued for the twin homes.
b) The HOA covenants must provide, among other things, for HOA maintenance of
the Shared Driveway, lighting and signage along the Shared Driveway, stormwater facilities,
upland buffers, the private landscape irrigation system (if any), and all common areas in the
residential portion of the Subdivision. The City must approve the HOA covenants and will require
that certain provisions thereof may not be amended or deleted without prior written City approval.
17. Wetlands; Upland Buffer Easement Agreement. The Developer also agrees to execute
two Upland Buffer Easement Agreements in the form attached hereto as Exhibit F, one for the
residential portion of the Subdivision north of Meander Road and one for the commercial portion of
Subdivision south of Meander Road. The purpose of said agreements is to enhance water quality in
the wetlands; provide, following completion of construction, no structures or fill are placed in those
areas; and to ensure that those areas are maintained in such condition thereafter. The materials to be
planted within the disturbed areas are specified in the Plans and vegetation therein shall be established
consistent with the City’s ordinances. The Upland Buffer Easement Agreements will be recorded
against the respective portions of the Subdivision and will run with the land. The Developer agrees
to make the HOA responsible for its maintenance obligations under the Upland Buffer Easement
Agreement for the area north of Meander Road and the individual property owners responsible for its
maintenance obligations under the Upland Buffer Easement Agreement for the area south of Meander
Road.
18. Tamarack Drive Improvements. Increased traffic volumes to and from the Property
resulting from the Subdivision Improvements and the Developer’s commercial development will
contribute to the need for improvements to Tamarack Drive near the Property, which will include,
without limitation, street improvements north of T.H. 55 and intersection and signaling improvements
at Tamarack Drive and T.H. 55 (collectively, the “Tamarack Drive Improvements”). Instead of the
City requiring the Developer to construct the Tamarack Drive Improvements immediately and bear
the cost of said project prematurely, the parties have determined that it is preferable for the Tamarack
Drive Improvements to be constructed in the future and for the Developer to contribute to said project
only at that time, if and when the project is constructed by the City. Accordingly, the Developer
agrees to enter into a Petition and Waiver Agreement in the form attached hereto as Exhibit G to
ensure that the City has a valid and collectible assessment for the Tamarack Drive Improvements.
ME230-800-859539.v7 12
19. City Trunk Connection Rates; SAC Fees. a) In accordance with City policy and
to distribute uniformly the costs of public utility infrastructure improvements, the City will charge
trunk connection fees for the availability of sanitary sewer and water within the Subdivision. The
rates are typically adjusted annually. The trunk connection fees for sanitary sewer and water shall
be payable by the person or entity that obtains a building permit for the applicable lot at the time
of issuance of such building permit at the then-current rates.
b) The Metropolitan Council also charges the City a sewer availability charge for each
new connection to the metropolitan sanitary sewer disposal system or increase in capacity demand.
Any sewer availability charge paid by the City to the Metropolitan Council shall be reimbursed by
the person or entity that obtains the building permit for the applicable lot at the time of issuance
of such building permit. The Metropolitan Council’s current rate is $2,485 per unit.
20. Park Dedication Requirements. The Subdivision contains a mix of residential and
commercial uses. The City has carefully reviewed the type and intensity of the proposed commercial
uses and evaluated their likely impact on the recreational needs of the community. Based on that
analysis, the Developer shall meet its park dedication obligations, as required in the City’s subdivision
ordinance, through land dedication and fee in lieu. As for land dedication, the Developer shall (i)
execute a trail easement and construct the public trail as required in section 13 of this Agreement; and
(ii) convey Outlot D of the Subdivision to the City, free and clear of encumbrances and via limited
warranty deed in a form approved by the city attorney. Upon acceptance of the public trail as provided
in the Plans, the City shall be responsible for all costs of maintenance, repair and replacement of the
public trail. In addition, the Developer shall pay a fee in lieu of $26,038 to satisfy the remainder of
its park dedication requirement. Such fee shall be paid within 60 days following the City’s release of
the plat of Meander Park and Boardwalk for recording.
21. Responsibility for Costs; Escrow for Construction Inspection. a) The Developer
agrees to pay to the City an administrative fee in the amount necessary to reimburse the City for
its reasonable costs and expenses in reviewing the Subdivision, including the drafting and
negotiation of this Agreement and other necessary documents. The Developer agrees to reimburse
the City in full for such reasonable costs within 45 days after notice in writing by the City. The
Developer further agrees to reimburse the City for the reasonable cost incurred in the enforcement of
any provision of this Agreement, including reasonable engineering and attorneys’ fees.
Reimbursement of such costs and fees shall be subject to the Developer’s right to review of invoices,
billing records, and other data to ensure that the costs are reasonable and fairly attributed to the
Subdivision.
b) The Developer shall also pay a fee for City construction observation and administration
relating to construction of the Subdivision Improvements. Construction observation shall include
inspection of all the Subdivision Improvements. In order to reimburse the City for the reasonable
cost of inspection of the Subdivision Improvements, the Developer shall deposit an additional
$120,000 into an escrow account with the City, which shall receive and hold such funds solely
under the terms of this Agreement. The City shall reimburse itself for expenses from the escrow
and will provide the Developer with a copy of any invoice from the city engineer or evidence of
other cost or expense attributed to the escrow prior to deducting such funds from the escrow. If
any funds held under this escrow exceed the amount necessary to reimburse the City for its costs
ME230-800-859539.v7 13
under this section, such funds shall be returned to the Developer without interest. If it appears that
the actual costs incurred will exceed the estimate, the Developer and the City shall review the costs
required to complete the project and the Developer shall deposit additional sums with the City.
Reimbursement of such costs and fees shall be subject to the Developer’s right to review of invoices,
billing records, and other data to ensure that the costs are reasonable and fairly attributed to
construction of the Subdivision Improvements.
22. Developer’s Default. In the event of default by the Developer as to construction or
repair of any of the Subdivision Improvements or any other work or undertaking required by this
Agreement, and such default continues for 30 days after the City provides notice to the Developer
of the nature of the default pursuant to the notice requirements in this Agreement, or if such default
cannot be cured within 30 days, after such time period as may be reasonably required to cure the
default provided that Developer is making a good faith effort to cure said default, the City may, at
its option, perform the work and the Developer shall promptly reimburse the City for any expense
incurred by the City in doing so. This Agreement is a license for the City to act, and it shall not
be necessary for the City to seek an order from any court for permission to enter the Property for
such purposes. If the City does any such work, the City may, in addition to its other remedies,
levy special assessments against the lots within the applicable portion of the Subdivision to recover
the costs thereof, except those which have been sold to individual homeowners. For this purpose,
the Developer, for itself and its successors and assigns, expressly waives any and all procedural
and substantive objections to the special assessments, including but not limited to, hearing
requirements and any claim that the assessments exceed the benefit to the land so assessed. The
Developer, for itself and its successors and assigns, also waives any appeal rights otherwise
available pursuant to Minnesota Statutes, section 429.081.
23. Insurance. The Developer agrees to take out and maintain or cause to be taken out
and maintained until six months after the City has accepted the public Subdivision Improvements,
public liability and property damage insurance covering personal injury, including death, and
claims for property damage which may arise out of Developer’s work or the work of its contractors
or subcontractors. Liability limits shall not be less than $500,000 when the claim is one for death
by wrongful act or omission or for any other claim and $1,500,000 for any number of claims arising
out of a single occurrence. The City shall be named as an additional insured on the policy. The
certificate of insurance shall provide that the City must be given the same advance written notice
of the cancellation of the insurance as is afforded to the Developer.
24. No Building Permits Approved; Certificates of Occupancy. a) Approvals granted
to date by the City regarding the Subdivision do not include approval of a building permit for any
structure within the Subdivision. The party applying for a building permit must submit and the
City must approve building plans prior to an application for a building permit for a structure on
any lot within the Subdivision. All building pads must be certified prior to initiation of
construction. The party applying for a building permit shall be responsible for payment of the
customary fees associated with the building permit and all other deferred fees as specified in this
Agreement.
b) No building permit shall be issued for any structure within the Subdivision until
utilities and adequate access are available to the respective lot, provided, however, that no
ME230-800-859539.v7 14
certificate of occupancy shall thereafter be issued until all utilities are available and the first lift of
bituminous has been completed for all streets, drive aisles or other improvements providing access
to said lot.
c) Additionally, no certificate of occupancy shall be issued for any twin home
constructed in the Subdivision unless prior thereto the lot has been graded and all landscaping
installed in accordance with the Plans, the Shared Driveway and any individual driveway has been
installed, the footing drain tile or sump pump is discharging in an approved location, the water
service valve is in proper working order and an as built survey of the lot has been submitted and
approved by the City. In cases in which seasonal weather conditions, acts of god, supply chain
disruptions, or other circumstances beyond the control of the Developer, which make compliance
with these conditions impossible, the City will accept an escrow of sufficient amount to ensure
completion of the work during the following construction season.
25. Clean up and Dust Control. The Developer shall clean , or caused to be cleaned, on
a daily basis if deemed necessary, dirt and debris from streets adjoining the Subdivision resulting
from construction work by the Developer, its contractors, agents or assigns, including any party
constructing buildings within the Subdivision. Prior to any construction on the Property, the
Developer shall identify to the City in writing a responsible party for erosion control, street
cleaning, and street sweeping. The Developer shall provide dust control to the reasonable
satisfaction of the City’s engineer throughout construction within the Subdivision.
26. Compliance with Laws. The Developer agrees to comply with all laws, resolutions,
ordinances, regulations and directives of the state of Minnesota and the City applicable to the
Subdivision. This Agreement shall be construed according to the laws of Minnesota. Breach of the
terms of this Agreement by the Developer shall, among other remedies available to the City, be
grounds for denial of building permits for lots within the Subdivision.
27. Agreement Runs with the Land. This Agreement shall run with the Property and
shall be recorded against the title thereto and shall bind and inure to the benefit of the City and the
Developer and their successors and assigns. The Developer’s successors in title may be
responsible for certain obligations under this Agreement as required by the City. Upon request by
Developer or its successors or assigns, the City will issue a certificate in recordable form which
certifies the extent which the Developer is in compliance with the terms of this Agreement. As of
the date hereof, the Developer warrants that to Developer’s actual knowledge, there are no
unrecorded encumbrances or interests relating to the Property, except as herein contemplated. In
the event that any financing documents are made of record prior to the recording of any instrument
referenced or required herein, the Developer agrees to use commercially reasonable efforts to
secure any respective mortgagee’s consent to ensure such instruments will not be extinguished in
the event of foreclosure. The Developer agrees to indemnify and hold the City harmless for any
breach of the foregoing covenants. This Agreement and all documents referenced herein shall be
recorded against the Property in an order approved by the city attorney.
28. Indemnification. The Developer hereby agrees to indemnify and hold the City and
its officers, employees, and agents harmless from claims made by third parties for damages
sustained or costs incurred resulting from approval of the Subdivision. The Developer hereby
ME230-800-859539.v7 15
agrees to indemnify and hold the City and its officers, employees, and agents harmless for all costs,
damages, or expenses which the City may pay or incur in consequence of such claims, including
reasonable attorneys’ fees, except matters involving intentional acts or gross negligence by the
City or its agents or employees.
29. Assignment. The Developer may not assign this Agreement without the prior
written permission of the City, which consent shall not be unreasonably withheld, conditioned or
denied. The Developer has indicated that it may assign its obligations related to the Non-Public
Residential Improvements to a third party. In the event of any assignment of any rights and
obligations provided herein, the Developer and the respective assignee shall enter into a separate
agreement with the City that meets the satisfaction of the city attorney to ensure that all parties
acknowledge and understand such assignment and the delegation of rights and obligations
associated therewith.
30. Notices. Any notice or correspondence to be given under this Agreement shall be
deemed to be given if delivered personally or sent by United States certified or registered mail,
postage prepaid, return receipt requested:
a) as to Developer: Medina Ventures, LLC
4130 Fescue Dr
Medina, MN 55340
Attn: Chris Pederson
with a copy to: Mark S. Radke
Felhaber Larson
220 South Sixth Street, Suite 2200
Minneapolis, MN 55402
b) as to City: City of Medina
2052 County Road 24
Medina, MN 55340
Attention: City Administrator
with a copy to: David T. Anderson
Kennedy & Graven
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
or at such other address as either party may from time to time notify the other in writing in accordance
with this section. The Developer shall notify the City if there is any change in its name or address.
31. Severability. In the event that any provision of this Agreement shall be held invalid,
illegal or unenforceable by any court of competent jurisdiction, such holding shall pertain only to such
section and shall not invalidate or render unenforceable any other section or provision of this
Agreement.
ME230-800-859539.v7 16
32. Non-waiver. Each right, power or remedy conferred upon the City by this
Agreement is cumulative and in addition to every other right, power or remedy, express or implied,
now or hereafter arising, or available to the City at law or in equity, or under any other agreement.
Each and every right, power and remedy herein set forth or otherwise so existing may be exercised
from time to time as often and in such order as may be deemed expedient by the City and shall not
be a waiver of the right to exercise at any time thereafter any other right, power or remedy. If
either party waives in writing any default or nonperformance by the other party, such waiver shall be
deemed to apply only to such event and shall not waive any other prior or subsequent default.
33. Estoppel Certificate; Partial Release. a) The City agrees, within 10 business days
after receipt of written request by the Developer, to execute a certification in writing and in such form
as will enable it to be recorded in the proper office for the recordation of deeds and other instruments
that (i) this Agreement is unmodified and in full force and effect, or if there have been modifications,
the identify of such modifications and that the same are in full force and effect as modified; (ii) no
party is in default under any provisions of this Agreement or, if there has been a default, the nature of
such default; (iii) all Subdivision Improvements to be constructed under this Agreement have been
constructed, or, if not, specifying the Subdivision Improvements yet to be constructed; and (iv) as to
any other matter that the requesting party shall reasonably request. Any such statement on behalf of
the City may be executed by the city administrator without city council approval.
b) Following the Developer’s completion of the Subdivision Improvements and all other
obligations contained herein, and at the written request of the Developer, the City agrees to execute a
certification in writing releasing the lot or lots from the Developer’s obligations under this Agreement.
Such certification shall not release the lot or lots from any ongoing obligations of the HOA or
individual lot owners, as applicable, the liability under the storm sewer improvement tax district or
any other ongoing obligations regarding the Subdivision.
34. Counterparts. This Agreement may be executed simultaneously in any number of
counterparts, each of which shall be an original and shall constitute one and the same Agreement.
*********************
ME230-800-859539.v7 17
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the day and year first above written.
CITY OF MEDINA
By: __________________________________
Kathleen Martin, Mayor
By: __________________________________
Scott T. Johnson, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of __________, 20__,
by Kathleen Martin, the mayor of the city of Medina, a Minnesota municipal corporation, on behalf
of the municipal corporation.
____________________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of __________, 20__,
by Scott T. Johnson, the city administrator of the city of Medina, a Minnesota municipal corporation,
on behalf of the municipal corporation.
____________________________________
Notary Public
ME230-800-859539.v7 18
THE DEVELOPER:
By:
Chris Pederson
Its: Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
This instrument was acknowledged before me on ________________ 20__, by Chris
Pederson, the Manager of Medina Ventures, LLC, a Minnesota limited liability company, on behalf
of the company.
____________________________________
Notary Public
This document drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
A-1
ME230-800-859539.v7
EXHIBIT A TO
PLANNED UNIT DEVELOPMENT AGREEMENT
Legal Description of the Property
Lots 1 through 4, Block 1;
Lots 1 through 4, Block 2; and
Outlots A, B, C, and D, all in Meander Park and Boardwalk, Hennepin County, Minnesota
ME230-800-859539.v7 B-1
EXHIBIT B TO
PLANNED UNIT DEVELOPMENT AGREEMENT
List of Plan Documents
[to be included]
C-1
ME230-800-859539.v7
EXHIBIT C TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FORM OF
STORMWATER MAINTENANCE AGREEMENT
THIS AGREEMENT (the “Agreement”) is made and entered into as of the ____ day of
_________, 20__, by and between the city of Medina, a Minnesota municipal corporation (the
“City”), and Medina Ventures, LLC, a Minnesota limited liability company (the “Developer”).
WITNESSETH:
WHEREAS, the Developer is the fee owner of certain real property located in Hennepin
County, Minnesota, legally described on Exhibit A attached hereto (the “Property”); and
WHEREAS, the City has obtained drainage and utility easements over portions of the
Property (the “Easement Areas”); and
WHEREAS, by a separate planned unit development agreement (the “PUD Agreement”),
the Developer has agreed to construct and maintain certain stormwater facilities (the “Stormwater
Improvements”) for the benefit of the Property; and
WHEREAS, the Stormwater Improvements which are the subject of this Agreement
include, but are not necessarily limited to, the [dry basin or biofiltration and underground storage]
and all related facilities. The location of the Stormwater Improvements are shown on Exhibit B
attached hereto; and
WHEREAS, the Elm Creek Watershed Management Commission requires permanent
provisions for handling of storm runoff, including terms and conditions for operation and
maintenance of all Stormwater Improvements, and requires such provisions to be set forth in an
agreement to be recorded against the Property; and
WHEREAS, the City and the Developer intend to comply with certain conditions,
including entering into a maintenance agreement regarding the Stormwater Improvements.
NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein
and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1. Maintenance of the Stormwater Improvements. The Developer, for itself and its
successor or assigns, agrees to maintain the Stormwater Improvements and observe all drainage
laws governing the operation and maintenance of the Stormwater Improvements. The Developer
or its successors or assigns shall make periodic inspection and perform maintenance of the
Stormwater Improvements as described in Exhibit C attached hereto. The Developer or its
successors or assigns shall make all such scheduled inspections and maintenance, keep record of
all inspections and maintenance activities, and submit such records annually to the City. The cost
C-2
ME230-800-859539.v7
of all inspections and maintenance, including but not limited to skimming and cleaning of the
Stormwater Improvements, shall be the obligation of the Developer and its successors or assigns
as the fee owner of the Property, which obligation shall be assigned to the HOA, as defined
hereinafter, in accordance with section 7 of this Agreement.
2. City’s Maintenance Rights. The City may inspect the Stormwater Improvements
at any time and shall have the right to enter upon the Easement Areas and such portions of the
Property as may reasonably be necessary to gain access to the Easement Areas to perform such
inspections. Additionally, the City may maintain the Stormwater Improvements, as provided in
this paragraph, if the Developer or its successors or assigns has failed to maintain the Stormwater
Improvements in accordance with applicable drainage laws and other requirements set forth herein
and such failure continues for 30 days after the City gives the Developer or its successors or assigns
written notice of such failure or, if such tasks cannot be completed within 30 days, after such time
period as may be reasonably required to complete the required tasks provided that Developer or
its successors or assigns is making a good faith effort to complete said task. The City’s notice shall
specifically state which maintenance tasks are to be performed. If Developer does not complete
the maintenance tasks within the required time period after such notice is given by the City, the
City shall have the right to enter upon the Easement Areas and such portions of the Property as
may reasonably be necessary to gain access to the Easement Areas to perform such maintenance
tasks. In such case, the City shall send an invoice of its reasonable maintenance costs to the
Developer or its successors or assigns, which shall include all reasonable staff time, engineering
and legal and other reasonable costs and expenses incurred by the City. If the Developer or its
successors or assigns fails to reimburse the City for its costs and expenses reasonably incurred in
maintaining the Stormwater Improvements within 30 days of receipt of an invoice for such costs,
the City shall have the right to assess the full cost thereof against the Property. The Developer, on
behalf of itself and its successors and assigns, acknowledges that the maintenance work performed
by the City regarding the Stormwater Improvements benefits the Property in an amount which
exceeds the assessment and hereby waives any right to hearing or notice and the right to appeal
the assessments otherwise provided by Minnesota Statutes, Chapter 429. Notwithstanding the
foregoing, in the event of an emergency, as reasonably determined by the city engineer, the 30-
day notice requirement to the Developer or its successors or assigns for failure to perform
maintenance tasks shall be and hereby is waived in its entirety, and the Developer or its successors
or assigns shall reimburse the City and be subject to assessment for any expense so incurred by
the City in the same manner as if written notice as described above has been given.
3. Hold Harmless. The Developer or its successors or assigns hereby agrees to
indemnify and hold harmless the City and its agents and employees against any and all claims,
demands, losses, damages, and expenses (including reasonable attorneys’ fees) arising out of or
resulting from the Developer’s or its successors or assigns, or their respective agents’ or
employees’ negligent or intentional acts, or any violation of any safety law, regulation or code in
the performance of this Agreement, without regard to any inspection or review made or not made
by the City, its agents or employees or failure by the City, its agents or employees to take any other
prudent precautions, except to the extent of intentional or grossly negligent acts of the City, its
employees, agents and representatives. In the event the City, upon the failure of the Developer or
its successors or assigns to comply with any conditions of this Agreement, performs said
conditions pursuant to its authority in this Agreement, the Developer or its successors or assigns
C-3
ME230-800-859539.v7
shall indemnify and hold harmless the City, its employees, agents and representatives for its own
negligent acts in the performance of the Developer’s or its successors or assigns required work
under this Agreement, but this indemnification shall not extend to intentional or grossly negligent
acts of the City, its employees, agents and representatives.
4. Costs of Enforcement. The Developer or its successors or assigns agrees to
reimburse the City for all reasonable costs prudently incurred by the City in the enforcement of
this Agreement, or any portion thereof, including court costs and reasonable attorneys’ fees after
providing written notice to Developer or its successors or assigns and a reasonable opportunity to
cure.
5. Rights Not Exclusive. No right of the City under this Agreement shall be deemed
to be exclusive and the City shall retain all rights and powers it may have under Minnesota Statutes,
sections 444.16 to 444.21 to acquire, construct, reconstruct, extend, maintain and otherwise
improve the Stormwater Improvements.
6. Notice. All notices required under this Agreement shall either be personally
delivered or be sent by United States certified or registered mail, postage prepaid, and addressed
as follows:
a) as to Developer: Medina Ventures, LLC
4130 Fescue Dr
Medina, MN 55340
Attn: Chris Pederson
with a copy to: Mark S. Radke
Felhaber Larson
220 South Sixth Street, Suite 2200
Minneapolis, MN 55402
b) as to City: City of Medina
2052 County Road 24
Medina, MN 55340
Attention: City Administrator
with a copy to: David T. Anderson
Kennedy & Graven
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
or at such other address as either party may from time to time notify the other in writing in
accordance with this paragraph.
7. Successors and Assigns; City Policy. All duties and obligations of Developer under
this Agreement shall also be duties and obligations of Developer’s successors and assigns. The
C-4
ME230-800-859539.v7
terms and conditions of this Agreement shall run with the Property. Notwithstanding the
foregoing, upon the recordation of a declaration in a form satisfactory to the City which requires
either an HOA or the individual owners of the lots that make up the Property to collectively
perform the obligations and responsibilities of the Developer under this Agreement, said party or
parties, as the case may be, shall be bound by all terms and conditions of this Agreement as if it
were the original signatory hereto and the Developer, its successors and assigns, shall be released
from all personal liability under this Agreement but the Property shall remain subject to the terms
and conditions of this Agreement. Notwithstanding the City’s longstanding policy and practice of
requiring that stormwater facilities, including the Stormwater Improvements, be privately inspected
and maintained by the respective property owners and/or owners’ associations served by them,
nothing contained in this Agreement shall be interpreted to prohibit or in any way limit the City from
amending that policy and practice, via ordinance or otherwise, and taking over such inspection and
maintenance responsibilities, if deemed necessary by the City in its sole discretion and irrespective of
the Developer’s, the HOA’s, or the individual lot owners’ compliance with the provisions contained
herein.
8. Effective Date. This Agreement shall be binding and effective as of the date first
written above.
[signature pages to follow]
C-5
ME230-800-859539.v7
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the day and year first above written.
CITY OF MEDINA
By: __________________________________
Kathleen Martin, Mayor
By: __________________________________
Scott T. Johnson, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of __________, 20__,
by Kathleen Martin, the mayor of the city of Medina, a Minnesota municipal corporation, on behalf
of the municipal corporation.
____________________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of __________, 20__,
by Scott T. Johnson, the city administrator of the city of Medina, a Minnesota municipal corporation,
on behalf of the municipal corporation.
____________________________________
Notary Public
C-6
ME230-800-859539.v7
THE DEVELOPER:
By:
Chris Pederson
Its: Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
This instrument was acknowledged before me on ________________ 20__, by Chris
Pederson, the Manager of Medina Ventures, LLC, a Minnesota limited liability company, on behalf
of the company.
____________________________________
Notary Public
This document drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
C-A-1
ME230-800-859539.v7
EXHIBIT A TO
STORMWATER MAINTENANCE AGREEMENT
Legal Description of the Property
[to be inserted]
C-B-1
ME230-800-859539.v7
EXHIBIT B TO
STORMWATER MAINTENANCE AGREEMENT
Depiction of Location of Stormwater Improvements
[to be inserted]
C-C-1
ME230-800-859539.v7
EXHIBIT C TO
STORMWATER MAINTENANCE AGREEMENT
[to be inserted]
D-1
ME230-800-859539.v7
EXHIBIT D TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FORM OF TRAIL EASEMENT
TRAIL EASEMENT
THIS INSTRUMENT is made by Medina Ventures, LLC, a Minnesota limited liability
company, Grantor, in favor of the city of Medina, a Minnesota municipal corporation, Grantee.
Recitals
A. Grantor is the fee owner of the property located in Hennepin County, Minnesota and legally
described on Exhibit A attached hereto (the “Property”).
B. Grantor desires to grant to the Grantee a trail easement, according to the terms and conditions
contained herein.
C. The easement is legally described in Exhibit B attached hereto. The easement is depicted in
Exhibit C attached hereto.
Terms of Easements
1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged
by Grantor, Grantor grants and conveys to the Grantee a perpetual, non-exclusive easement for
public trail purposes over, under, across and through the portion of the Property legally described
in Exhibit B attached hereto.
2. Scope of Easement. The perpetual easement for trail purposes granted herein includes
the right of the Grantee, its contractors, agents, and employees to locate, construct, operate,
maintain, alter and repair trail facilities within the described easement area. The easement granted
herein also includes the right to cut, trim, or remove from the easement areas trees, shrubs, or other
vegetation which unreasonably interfere with the easement or facilities of the Grantee, its
successors or assigns. The Grantor shall have no obligation to maintain, repair, or replace the
public trails.
3. Warranty of Title. The Grantor warrants that it is the owner of the Property and has the
right, title and capacity to convey to the Grantee the easement herein.
4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release of
any hazardous substances, pollutants, or contaminants which may have existed on, or which relate
to, the easement area or Property prior to the date of this instrument.
D-2
ME230-800-859539.v7
5. Indemnification and Hold Harmless. Grantee agrees to indemnify, defend and hold Grantor
harmless from any liability, claim, loss, cost or expense, including reasonable attorney fees, solely
and directly arising from or relating to the use, maintenance, repair or replacement of the trail
facilities by the Grantee, its contractors, agents, and employees within the described easement area.
6. Binding Effect. The terms and conditions of this instrument shall run with the land and be
binding on the Grantors, their heirs and assigns.
STATE DEED TAX DUE HEREON: NONE
Dated this _____ day of ______________, 20__.
THE DEVELOPER:
By:
Chris Pederson
Its: Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
This instrument was acknowledged before me on ________________ 20__, by Chris
Pederson, the Manager of Medina Ventures, LLC, a Minnesota limited liability company, on behalf
of the company.
____________________________________
Notary Public
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
ME230-800-859539.v7 D-A-1
EXHIBIT A TO
TRAIL EASEMENT
Legal Description of the Property
[to be inserted]
ME230-800-859539.v7 D-B-1
EXHIBIT B TO
TRAIL EASEMENT
Legal Description of Easement
[to be inserted]
ME230-800-859539.v7 D-C-1
EXHIBIT C TO
TRAIL EASEMENT
Depiction of Easement
[to be inserted]
ME230-800-859539.v7 E-1
EXHIBIT E TO
PLANNED UNIT DEVELOPMENT AGREEMENT
SUBDIVISION IMPROVEMENT COST ESTIMATE
[to be added]
ME230-800-859539.v7 F-1
EXHIBIT F TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FORM OF UPLAND BUFFER EASEMENT AGREEMENT
This Upland Buffer Easement Agreement (the “Agreement”) is made this __ day of
____________, 20__ by and between the city of Medina, a Minnesota municipal corporation (the
“City”), and Medina Ventures, LLC, a Minnesota limited liability company (the “Grantor”).
RECITALS
A. Grantor is the fee owner of property located in Hennepin County, Minnesota, legally
described in Exhibit A attached hereto (the “Property”); and
B. Grantor and the City have entered into a separate planned unit development agreement (the
“PUD Agreement”) regarding the development of the Property.
C. The City has rezoned the Property to Planned Unit Development, approved a General Plan
of Development and granted approval of the plat of Meander Park and Boardwalk
concerning the Property (collectively, the “City Approvals”), under the terms of which the
Grantor is required to establish upland buffers adjacent to wetlands on portions of the
Property consistent with City regulations, the location of which are legally described in
Exhibit B attached hereto and depicted on Exhibit C attached hereto. Those areas described
and depicted on Exhibits B and C shall be collectively referred to herein as the “Easement
Area”.
D. Grantor is willing to grant the Easement and to fulfill the other terms of this Agreement.
PROVISIONS
In consideration of the mutual promises of the parties contained herein, the parties agree
as follows:
1. Grantor hereby grants and conveys to the City and its successors and assigns, an Easement
in, under, on, over and across the Easement Area, and the City hereby accepts such grant.
The duration of this easement is perpetual, subject to Minnesota law governing granting of
easements to governmental bodies, and shall bind and inure to the benefit of the parties,
their successors and assigns.
2. The following terms and conditions shall apply to the Easement Area:
a. The Easement Area shall be planted with native grasses and other vegetation
consistent with the Plans, as that term is defined in the PUD Agreement, and
thereafter be preserved predominantly in its natural condition, except to the extent
set forth below. Following construction of the Subdivision Improvements, as that
ME230-800-859539.v7 F-2
term is defined in the PUD Agreement, no use shall be made of the Easement Area
except uses, if any, which would not change or alter the condition of the Easement
Area or its drainage, water conservation, erosion control, soil conservation, or fish
and wildlife habitat and characteristics.
b. No structures, hardcover or other improvements shall be constructed, erected, or
placed upon, above, or beneath the Easement Area, with the exception of a
boardwalk or dock not to exceed four feet in width to allow reasonable access to
and across the wetland.
c. Following construction of the Subdivision Improvements, no trees, shrubs or other
vegetation shall be destroyed, cut or removed from the Easement Area except as is
necessary to remove storm damage, diseased or non-native vegetation or as
authorized by the prior written consent of the City consistent with the city code. A
path no more than four feet in width may be mowed to allow reasonable access to
the wetland.
d. Following construction of the Subdivision Improvements, no earth, peat, gravel or
soil, sand or any other natural material or substance shall be moved or removed
from the Easement Area and there shall be no dredging or excavation of any nature
whatsoever or any change of the topography of the Easement Area without the prior
written consent of the City.
e. No soil, sand, gravel or other substance or material as landfill shall be placed,
dumped or stored upon the Easement Area, and no waste, trash, yard waste, manure
or other materials shall be placed, dumped or stored upon the Easement Area
without the prior written consent of the City.
3. Grantor represents that Grantor owns the Easement Area in fee simple, subject only to the
encumbrances of record.
4. The Grantor conveys to the City and its successors and assigns, the following rights:
a. The City may enter upon the Easement Area for the purposes of inspection and
enforcement of the covenants contained herein and to cause to be removed from the
Easement Area without any liability any structures, uses, materials, substances, or
unnatural matter inconsistent with the covenants contained herein and the natural
state of the Easement Area. If there is a violation of the covenants contained herein,
the City shall provide notice and an order for corrective action consistent with City
regulations. If the Grantor does not take the required corrective action, the City
may enter the Property in order to perform the action. In such case, the City shall
send an invoice of its reasonable maintenance costs to the Grantor, which shall
include all reasonable staff time, engineering and legal and other reasonable costs
and expenses incurred by the City. If the Grantor fails to reimburse the City for its
costs and expenses within 45 days of receipt of an invoice for such costs, the City
ME230-800-859539.v7 F-3
shall have the right to assess the full cost thereof against the Property. The Grantor,
on behalf of itself and its successors and assigns, acknowledges that any such
corrective work performed by the City benefits the Property in an amount which
exceeds the assessment and hereby waives any right to hearing or notice and the
right to appeal the assessments otherwise provided by Minnesota Statutes, Chapter
429.
b. The City may bring an action in any court of competent jurisdiction against the
Grantor to enforce the terms of this Agreement; to require restoration of the
Easement Area to its planted or more natural condition; to enjoin such non-
compliance by temporary or permanent injunction and to recover any damages
arising from such non-compliance. If a court determines that the Grantor has failed
to comply with this Agreement, Grantor or Grantor’s successors or assigns shall
reimburse the City for any reasonable costs of enforcement, including costs of
restoration, court costs and reasonable attorneys’ fees, in addition to any other
payments ordered by the court.
5. Grantor its succesors and assigns retains all responsibilities and shall bear all costs and
liabilities of any kind related to ownership, operation and maintenance of the Property and
the Easement Area.
6. Grantor or its succesors and assigns agrees to indemnify, defend and hold harmless the
City, its officials, employees and agents, against any and all loss, costs, damage and
expense, including reasonable attorneys’ fees and costs that the City incurs because of the
breach of any of the above covenants and/or resulting from or due to Grantor’s or its
succesors and assigns intentional misrepresentation of any material fact contained therein.
The Grantor or its succesors and assigns and the City agree that each shall be responsible
for their own acts and the results of such acts and shall not be responsible for the act of the
other party and the results of such acts.
7. This Agreement may be amended only by mutual written agreement of the parties.
8. Nothing herein shall give the general public a right of access to the Property.
9. Grantor’s obligations under this Agreement run with the Property and shall be binding on
the Grantor’s successors and assigns. Grantor’s personal obligations under this Agreement
terminate upon transfer or termination of its interest in the Property, provided that any
liability for acts or omissions occurring prior to the transfer or termination shall survive
that transfer or termination. Nothing in this Paragraph 9 is deemed to alter or amend the
remaining terms of the Agreement in the event of a transfer of the Grantor’s interest.
10. Any notice required in this Agreement shall be delivered personally or sent by U.S.
certified mail, return receipt requested:
ME230-800-859539.v7 F-4
a) as to Developer: Medina Ventures, LLC
4130 Fescue Dr
Medina, MN 55340
Attn: Chris Pederson
with a copy to: Mark S. Radke
Felhaber Larson
220 South Sixth Street, Suite 2200
Minneapolis, MN 55402
b) as to City: City of Medina
2052 County Road 24
Medina, MN 55340
Attention: City Administrator
with a copy to: David T. Anderson
Kennedy & Graven
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
or at such other address as either party may from time to time notify the other in writing in
accordance with this paragraph.
************************
ME230-800-859539.v7 F-5
IN WITNESS WHEREOF, the parties to this Upland Buffer Easement Agreement have
caused these presents to be executed as of the day and year aforesaid.
GRANTOR:
By:
Chris Pederson
Its: Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
This instrument was acknowledged before me on ________________ 20__, by Chris
Pederson, the Manager of Medina Ventures, LLC, a Minnesota limited liability company, on behalf
of the company.
____________________________________
Notary Public
ME230-800-859539.v7 F-6
CITY OF MEDINA
By: __________________________________
Kathleen Martin, Mayor
By: __________________________________
Scott T. Johnson, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of __________, 20__,
by Kathleen Martin, the mayor of the city of Medina, a Minnesota municipal corporation, on behalf
of the municipal corporation.
____________________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of __________, 20__,
by Scott T. Johnson, the city administrator of the city of Medina, a Minnesota municipal corporation,
on behalf of the municipal corporation.
____________________________________
Notary Public
This instrument drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
ME230-800-859539.v7 F-A-1
EXHIBIT A TO
UPLAND BUFFER AREA EASEMENT AGREEMENT
Legal Description
[to be included]
ME230-800-859539.v7 F-B-1
EXHIBIT B TO
UPLAND BUFFER AREA EASEMENT AGREEMENT
Legal Description of Upland Buffers
[to be inserted]
F-C-1
ME230-800-859539.v7
EXHIBIT C TO
UPLAND BUFFER AREA EASEMENT AGREEMENT
Depiction of Upland Buffers
[to be inserted]
G-1
ME230-800-859539.v7
EXHIBIT G TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FORM OF PETITION AND WAIVER AGREEMENT
PETITION AND WAIVER AGREEMENT
THIS PETITION AND WAIVER AGREEMENT (this “Agreement”) is made this ____ day
of ______________, 20__, by and between the city of Medina, a municipal corporation under the
laws of Minnesota (the “City”), and Medina Ventures, LLC, a Minnesota limited liability company (the
“Developer”).
WITNESSETH:
WHEREAS, the Developer owns certain land (the “Property”), which land is legally
described on Exhibit A attached hereto; and
WHEREAS, the City has rezoned the Property to Planned Unit Development, approved a
General Plan of Development and approved a final plat of Meander Park and Boardwalk (collectively,
the “City Approvals”) to facilitate the commercial development of the Property; and
WHEREAS, to accommodate increased traffic associated with development of the Property
and surrounding lands, improvements are necessary on Tamarack Drive north of T.H. 55, including
a signalized intersection and other improvements at Tamarack Drive and T.H. 55 (the “Tamarack
Drive Improvements”); and
WHEREAS, it is in the interest of the parties to avoid requiring the Developer and the owners
of other properties to bear the expense of constructing the Tamarack Drive Improvements prematurely
while offering the City sufficient assurances that the Developer and the owners of other benefited
properties will pay for said work it is when completed; and
WHEREAS, because of the size, cost and complexity of such a project, the City intends to
construct the Tamarack Drive Improvements as a public project and assess benefited properties for
the cost thereof; and
WHEREAS, the City is willing to construct the Tamarack Drive Improvements without
notices or hearings, provided the assurances and covenants hereinafter stated are made by the
Developer to ensure that the City will have valid and collectable special assessments as it relates to
the Property to finance a portion of the cost of the Tamarack Drive Improvements; and
WHEREAS, were it not for the assurances and covenants hereinafter provided, the City would
not construct the Tamarack Drive Improvements without such notices and hearings and would be
doing so solely at the behest, and for the benefit, of the Developer; and
G-2
ME230-800-859539.v7
WHEREAS, the parties have entered into this Agreement pursuant to and in satisfaction of
the terms of the City Approvals previously granted by the City.
NOW, THEREFORE, ON THE BASIS OF THE COVENANTS AND OBLIGATIONS
CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Developer represents and warrants that it has full legal power and authority to encumber
the Property as herein provided, that in doing so it is not in violation of the terms or conditions
of any instrument or agreement of any nature to which it is bound or which relates in any
manner to the Property and that there are no other liens or encumbrances against the Property
except those of record.
2. The Developer hereby petitions the City for construction of the Tamarack Drive
Improvements at such time as the City, in its reasonable discretion, deems necessary. Such
determination and subsequent initiation and construction of the project may be made by the
City at any time within ten years following the date of this Agreement. This Agreement does
not preclude the Developer from independently petitioning the City for construction of the
Tamarack Drive Improvements or any other project at any time the Developer believes any
public improvements are necessary or desirable.
3. The Developer consents to the City levying a special assessment for 5.6 percent of the costs
of the Tamarack Drive Improvements against the Property, equally against each of the four
lots, in accordance with Minn. Stat., Section 429.061. However, the total principal amount of
the special assessments shall not exceed $85,253.26, or $21.313.31 per lot, indexed for
increases in construction costs from the date of this Agreement, according to the ENR
Construction Cost Index for Minneapolis, Minnesota, to the month and year of the start of
construction of the Tamarack Drive Improvements. The current ENR Construction Cost
Index is ______. $85,253.26 is 5.6 percent of the total estimated cost of the Tamarack Drive
Improvements based on the preliminary plans, attached hereto as Exhibit B. The parties
understand and agree that said plans might be modified if and when the Tamarack Drive
Improvements are ultimately constructed and that the preliminary plans included on Exhibit
B were created merely for the purpose of estimating the cost of construction based on the
presently contemplated elements of the project.
4. The Developer waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031,
on the Tamarack Drive Improvements and notice of hearing and hearing on the special
assessments levied to finance the Tamarack Drive Improvements pursuant to Minn. Stat.
Section 429.061 and specifically requests that the Tamarack Drive Improvements, as and
when required, be constructed and the special assessments be levied against the Property
without notice of hearing or hearing.
5. The Developer waives the right to appeal the levy of special assessments in accordance with
this Agreement pursuant to Minn. Stat. Section 429.081 and further specifically agrees with
respect to such special assessments against the Property that:
G-3
ME230-800-859539.v7
a. All requirements of Minn. Stat., Chapter 429 with which the City does not comply are
hereby waived by the Developer; and
b. The increase in fair market value of the Property resulting from construction of the
Tamarack Drive Improvements will be at least equal to the amount of the special
assessments levied against the Property and that such increase in fair market value is
a special benefit to the Property.
6. The special assessments levied against the Property shall be payable over such period as the
City may determine, but not less than 10 years, and shall bear interest at a rate determined by
the City, but not more than 2 percent above the City’s cost of financing. The City’s cost of
financing shall mean the average coupon rate if the City sells debt to finance the Tamarack
Drive Improvements. If no debt is sold for the Tamarack Drive Improvements, the rate shall
be set using the same formula based on special assessment bonds of Minnesota municipalities
which have the same credit rating as that of the City and are issued and sold at approximately
the same time as the adoption of the resolution levying the special assessments. The first
installment of principal and interest shall be included in the first tax rolls completed after
adoption of the resolution levying the special assessments.
7. The covenants, waivers and agreements contained in this Agreement shall bind the Developer
and its successors and assigns and shall run with the Property. It is the intent of the parties
hereto that this Agreement be in a form which is recordable among the land records of
Hennepin County, Minnesota and the Developer and the City agree to make any changes in
this Agreement which may be necessary to effect the recording and filing of this Agreement
against the title of the Property.
8. Any notice required to be given under this Agreement shall be deemed given if delivered
personally or sent by U.S. mail, postage prepaid, certified and return receipt requested:
a) as to Developer: Medina Ventures, LLC
4130 Fescue Dr
Medina, MN 55340
Attn: Chris Pederson
with a copy to: Mark S. Radke
Felhaber Larson
220 South Sixth Street, Suite 2200
Minneapolis, MN 55402
b) as to City: City of Medina
2052 County Road 24
Medina, MN 55340
Attention: City Administrator
G-4
ME230-800-859539.v7
With a copy to: David T. Anderson
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
or at such other address as either party may from time to time notify the other in writing in
accordance with this paragraph.
9. This Agreement shall terminate (a) upon the final payment of all special assessments levied
against the Property for the Tamarack Drive Improvements if the City determines within 10
years from the date of this Agreement that the Tamarack Drive Improvements are necessary;
or (b) 10 years from the date of this Agreement if at that time the City has not made a
determination that the Tamarack Drive Improvements are necessary. Upon termination, if
requested the City agrees to execute and deliver such documents, in recordable form, as are
necessary to extinguish its rights hereunder.
10. Nothing contained in this Agreement shall be deemed a waiver by the City of its right to make
local improvements in accordance with Minn. Stat. Ch. 429 and assess the costs thereof
against benefiting properties, including potentially the Property, subject to its adherence to all
statutory requirements. Likewise, nothing contained in this Agreement shall be deemed a
waiver by the Developer of any of the statutory rights afforded to it for special assessments
levied against the Property that otherwise exceed the total amount specified in paragraph 3 of
this Agreement.
**************************
G-5
ME230-800-859539.v7
IN WITNESS WHEREOF, the parties to this Petition and Waiver Agreement have caused
these presents to be executed as of the day and year aforesaid.
THE DEVELOPER:
By:
Chris Pederson
Its: Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
This instrument was acknowledged before me on ________________ 20__, by Chris
Pederson, the Manager of Medina Ventures, LLC, a Minnesota limited liability company, on behalf
of the company.
____________________________________
Notary Public
This instrument drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
G-6
ME230-800-859539.v7
CITY OF MEDINA
By: __________________________________
Kathleen Martin, Mayor
By: __________________________________
Scott T. Johnson, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of __________, 20__,
by Kathleen Martin, the acting mayor of the city of Medina, a Minnesota municipal corporation, on
behalf of the municipal corporation.
____________________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of __________, 20__,
by Scott T. Johnson, the city administrator of the city of Medina, a Minnesota municipal corporation,
on behalf of the municipal corporation.
____________________________________
Notary Public
G-B-1
ME230-800-859539.v7
EXHIBIT A TO
PETITION AND WAIVER AGREEMENT
Legal Description
Lots 1 through 4, Block 2, Meander Park and Boardwalk, Hennepin County, Minnesota.
G-B-1
ME230-800-859539.v7
EXHIBIT B TO
PETITION AND WAIVER AGREEMENT
Preliminary Plans
[to be inserted]
OATH OF OFFICE FOR POLICE OFFICER
CITY OF MEDINA, MINNESOTA
I, Jordan Myhre, do solemnly swear that I will support the constitution of the
United Stated of America, the constitution of the State of Minnesota, and that I
will faithfully, justly, and impartially discharge the duties of police officer, for the
City of Medina, Minnesota, to the best of my judgment and ability, so help me
God.
Signed: _________________________ Date: _____________________
Subscribed and sworn before me this 21st day of November 2023.
_______________________
Caitlyn Walker
City Clerk
Agenda Item #8A
Agenda Item #9A
Planning Department Update Page 1 of 2 November 21, 2023
City Council Meeting
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director
DATE: November 16, 2023
MEETING: November 21, 2023 City Council
SUBJECT: Planning Department Updates
Land Use Application Review
A) 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. City Council reviewed at the November 8 meeting and directed staff to
prepare approval documents, which are scheduled to be presented at the November 21 meeting.
B) 500 Hamel Road Apartment Site Plan Review – Medina Apartments LLC has requested review
of a site plan review for development of an 89-unit apartment building at 500 Hamel Rd. The
application is currently incomplete for review. Staff will present for a public hearing at the
Planning Commission when complete, potentially at the December 12 meeting.
C) 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 a public
hearing when complete.
D) 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 City Council granted
approval at the September 19 meeting. Staff will work with the applicant to finalize documents
necessary to meet the conditions of approval.
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) 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
Review at the December 6, 2022 meeting. The applicant has submitted site/civil construction
plans for review and has indicated that they may move forward with site work in the fall of 2023
or spring of 2024. The applicant has indicated that building construction likely would not begin
until the spring of 2024.
G) 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.
MEMORANDUM
Planning Department Update Page 2 of 2 November 21, 2023
City Council Meeting
H) 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.
I) Pioneer Trail Preserve – This project has been preliminarily approved and the City is awaiting
final plat application.
Other Projects
A) Hennepin County Conservation funding presentation – I attended a presentation related to
various funding opportunities Hennepin County has available for conservation. These include
funding for acquisition of conservation easements, as well as funding for maintenance and
improvement of natural resource areas. Staff has reached out to a couple of owners who appear
to be within the County’s “priority areas” and who staff thought may have some interest. Staff
will also discuss whether there are opportunities within the City’s natural areas for funding.
B) Nonconformity Ordinance – staff prepared and presented an ordinance update regarding
nonconforming uses and structures for a public hearing at the November 14 Planning
Commission meeting. The Planning Commission recommended adoption of the ordinance and
staff intends to present to Council in December.
C) Land Acquisition – staff presented potential land acquisition to Planning Commission for
feedback on its consistency with the Comprehensive Plan.
D) Elevate Hennepin update – staff received an update from Hennepin County that two local
businesses utilized services last quarter, with a total over 30 hours of technical assistance.
TO: Honorable Mayor and City Council
FROM: Jason Nelson, Director of Public Safety
DATE: November 16, 2023
RE: Department Updates
On November 15, we held our mandatory cold weather low light firearms qualifications shoot at the
Delano Range. It was an unexpected, pleasant night for once that we all enjoyed. This is something
that we do annually as a requirement of our peace officer license.
On November 15, Officer Weise and I attended first responder refresher training in Corcoran. We are
required to attend 16 hours of first responder training every two years to keep our first responder
certification valid through the Minnesota Emergency Medical Services Regulatory Board.
Officer Weise is progressing well with his field officer training (FTO). He has been moved into Phase
3 within the past two weeks and is taking on more of the responsibilities while handling calls and
doing reports. It is exciting to see someone new to the field learning and blending in with the others so
well. I am excited to continue to watch him mature and grow within the department.
This past week we welcomed Stephen Mettayer as our newest Community Service Officer (CSO). He
is currently a first-year student in law enforcement. We are excited to have him on board. We have
been without a CSO for several months.
Sergeants Boecker and Hall are completing the background investigation on an out-of-state police
officer candidate and should be presenting the final background investigation to me within the week.
This is to backfill for the newly created Sergeant position which occurred in July. With the lack of
candidates, we have been unable to fill that position to date.
Patrol:
The following are updates of Patrol Officers between November 1st and November 14th, 2023:
Citations – 7 Warnings – 39 PD Accidents – 6
PI Accidents – 0 Medicals – 8 Falls – 2
Suspicious Calls – 3 Traffic Complaints – 7 Other Agency Assists – 11
Business/Residential Alarm - 9 Welfare Checks - 7 Disturbance Calls - 2
Officers have also been issuing warnings for the seasonal parking violations which began 11-01,
having written 31 written warnings.
On 11/01/2023 at approximately 0155 hours officers were dispatched to a possible physical domestic
in the 500 block of Clydesdale Circle. Reporting party could hear yelling and screaming as though
there may be a physical domestic taking place. Officers arrived and ultimately made contact with both
a male and female at the residence who advised they were having a heated argument but there was no
physical altercation. One of the parties agreed to stay with a relative next door.
On 11/01/2023 at approximately 0504 hours officer was dispatched to horses in the roadway near the
intersection of Hamel Road and Pinto Drive. Officer was able to locate the horse’s owner who came
and brought the horses back home.
On 11/02/2023 at 2023 hours officers located a resident with a felony warrant out of Wright County
and he was placed under arrest. Officers transported the subject to the Wright County border where he
was handed over to Wright County Deputies.
On 11/02/2023 officer took a theft report from Highway 55 Rental regarding a stolen Bobcat. Officer
in Illinois reported recovering a Bobcat belonging to Highway 55 Rental along with two other Bobcats
that were found stolen. Highway 55 Rental reported the Bobcat was rented and had not been returned
on time. Case was forwarded to Investigations. It is believed the Bobcat was rented fraudulently with
intent to steal it.
On 11/03/2023 at 1708 hours officer took a phone call regarding a theft report in the 700 block of
Lilium Trail. Resident reported an iPhone was delivered by FedEx to his residence and shortly after a
U-Haul van pulled into his driveway and a passenger got out and stole the package. It is believed the
U-Haul was following the FedEx driver and stealing packages. The case has been forwarded to
Investigations for follow up.
On 11/04/2023 at 2223 hours officer came upon an accident that had just occurred at the intersection
of County Road 24 and Holy Name Drive. Vehicle had pulled out to go east on County Road 24 from
Holy Name Drive and had pulled out in front of a westbound vehicle. No injuries were reported. The
driver who pulled out in front of the other vehicle was cited for failing to yield.
On 11/07/2023 at 1238 hours officer took a theft report from a resident in the 4100 block of
Arrowhead Drive. Resident reported they had mailed a property tax check in October and later found
out that someone had intercepted it, changed the payable name, and the check was cashed in the
amount of $7,000. Case was forwarded to Investigations. Resident reported the bank was expected to
reimburse her account for the fraudulent cashing of the check.
On 11/07/2023 at 2200 hours officer was dispatched to an assault report at the Holiday, 200 Highway
55. Officer learned a female had been riding with an acquaintance in a vehicle when the person
accused her of stealing her lighter and cigarettes. The person eventually pulled over and forced her
out of the car and left her stranded. Officer took information from the victim who only had a first
name of the suspect. She advised she may be able to get a last name and would contact the officer at a
later date if she was able to identify her.
On 11/08/2023 at 1331 hours officer took a theft report that had occurred at the Medina Ballroom.
Reporting party reported theft of cash from a pull tab booth for the Wayzata Youth Hockey
Association. $2395 was reported missing. Case was forwarded to investigations for follow up.
On 11/08/2023 at 1703 hours officers located a female with two felony warrants in the 1400 block of
Baker Park Road. She was placed under arrest without incident and was transported to Hennepin
County Jail.
On 11/10/2023 at 1640 hours officer responded to reported neighbor dispute in the 2600 block of
Bobolink Road. Upon arrival the officer spoke with both homeowners and was able to mediate the
situation.
On 11/11/2023 at 2256 hours officers were dispatched to an unwanted person at Inn Kahoots Bar.
Staff reported a subject was being disorderly in the bar and had pushed staff and wanted the person
removed from the property. Upon arrival the officer found the subject seated out front waiting for an
Uber. The officer waited on scene until the Uber arrived and the subject left the property.
On 11/11/2023 at 2135 hours officer was dispatched to a drug overdose in the 2600 block of Deer Hill
Road. Subject reported to have taken approximately 70 prescription pills in a suicide attempt and now
wanted help. Officers administered medical assistance until North Ambulance arrived. Patient was
transported to the hospital to be evaluated.
On 11/11/2023 at approximately 2100 hours officers received multiple reports of possible shots fired
in the area of the Reserve Development. Officers located subjects at a residence on Aster Road
shooting off illegal fireworks. They were advised to cease with the illegal fireworks show.
On 11/13/2023 at 1647 hours officer was dispatched to a damage to property report in the 2100 block
of Hollybush Road. Resident reported someone had damaged a lamp post at the end of the driveway.
It appeared a vehicle had driven off the roadway and struck the post. There was no evidence left on
scene and no witnesses to the incident.
Investigations:
Received assist from a PD in Maryland for follow up with an address in our city.
Illinois recovered a Bobcat on a traffic stop that was rented/not returned out of our city. Coordinated
with Illinois State Police for suspect/case information.
Received a package theft and issued a crime alert for the suspect.
Received a theft/check fraud case.
Received/completed pull tab theft case. Charges will be sent in within the week.
Coordinated with Minneapolis PD on a recovered stolen gun from 2017.
Coordinated with Broward Co SO in Florida on fraud case.
Investigations currently has 10 open/active cases.
1
TO: Medina Mayor and Members of the City Council
FROM: Steve Scherer, Public Works Director
DATE: November 16, 2023
MEETING: November 21, 2023
SUBJECT: Public Works Update
Streets
• The Hackamore Road project is winding down for the year. The base course is
installed, and most of what was expected to be completed by the contractor in 2023 is
done. The remaining work includes signal replacement in the intersection at 116 and
Hackamore, trail paving, final wear course, and landscaping work. The street should
be open for travel by Monday, November 20th.
• Public Works is taking advantage of the warm weather to complete a final round of
patching on City streets.
• Staff is working with Mark Smith at Weston Woods to resolve infrastructure issues
prior to winter setting in. The final lift of asphalt was installed from the south up to
Hackamore Road, and then north to match the pavement. The culverts under
Chippewa Road settled and will have to be re-installed next year before that portion
of the project is complete.
• All trucks are now DOT certified for the upcoming winter season; the newer
equipment cuts down on repairs related to DOT inspections.
• Public Works has been shouldering on several streets where the excessive rain has
washed the shoulder material away.
Water/Sewer/Stormwater
• Meters were read this past week. Staff continue to install the upgraded metering
system and radios that have been delayed for nearly two years due to supply issues.
• Dusty and I met with our consultant from WSB to discuss post-construction
stormwater mandates. We are working to develop an economical plan to inspect,
track, and make necessary repairs. I am planning to move up the annual stormwater
hearing to January, where we will present the SWPPP and discuss this topic with the
council. This item is not ready to be for the November 21st Work Session.
Parks/Trails
• The fall cleanup has been completed with the mowing contractor. Our two-year
contract expired with TCO so I am attempting to negotiate an extension which would
save staff time in sending out proposal packets as well as re-educating a new
contractor on our properties.
• The benches are installed in the new seating areas in Lakeshore Park.
• Lisa is closing out the last seasonal court and ballfield contracts and returning
security deposits to lessees.
MEMORANDUM
ORDER CHECKS NOVEMBER 8, 2023 – NOVEMBER 21, 2023
055004 ART 2 HEART ........................................................................... $100.00
055005 BAMBOO EARLY LEARNING LLC ......................................... $1,000.00
055006 DITTER PROPERTIES ........................................................... $7,235.75
055007 METROPOLITAN COUNCIL ................................................... $7,380.45
055008 RENGARATHINAM, MADHAN KUMAR ..................................... $100.00
055009 SPOTLESS & SEAMLESS EXTERIORS ................................ $1,000.00
055010 STRANIK, NANCY ..................................................................... $500.00
055011 THUKARAM, UMASHANKAR .................................................... $300.00
055012 WSB & ASSOCIATES INC.................................................... $56,553.25
055013 ACME TOOLS ........................................................................... $229.00
055014 ADAMS PEST CONTROL INC .................................................. $285.11
055015 AMERICAN MAILING MACHINES ............................................... $49.77
055016 BEAUDRY OIL & PROPANE .................................................. $5,154.97
055017 BLUE CROSS BLUE SHIELD OF MN ................................... $42,665.23
055018 BOYER FORD TRUCKS INC .................................................. $1,776.89
055019 CORNER HOUSE/INTERAGENCY CTR. ............................... $1,290.00
055020 CRAIG RAPP, LLC ................................................................. $1,800.00
055021 DATAWORKS PLUS LLC .......................................................... $367.92
055022 JUN DENG .................................................................................. $55.67
055023 DESIGNING NATURE, INC. ................................................... $1,054.00
055024 ECM PUBLISHERS INC .............................................................. $82.25
055025 EGAN ........................................................................................ $821.00
055026 ESS BROS. & SONS, INC. ........................................................ $196.00
055027 GMH ASPHALT CORP ....................................................... $118,979.68
055028 GOPHER STATE ONE CALL .................................................... $310.50
055029 GREGERSON ROSOW JOHNSON NILAN ............................ $4,805.51
055030 GUARDIAN FLEET SUPPLY LLC ......................................... $16,752.40
055031 HAMEL LUMBER INC .................................................................. $98.79
055032 HAMEL LIONS CLUB ............................................................. $2,025.00
055033 HENN COUNTY INFO TECH .................................................. $2,407.07
055034 HENNEPIN COUNTY TREASURER ............................................ $50.00
055035 HOTSY MINNESOTA ................................................................ $602.77
055036 JENCO PROPERTY MAINTENANCE ..................................... $5,817.00
055037 KD & COMPANY RECYCLING INC ........................................ $1,593.23
055038 KRAEMER MINING AND MATERIALS ................................... $2,830.49
055039 KRIS ENGINEERING INC....................................................... $5,131.84
055040 LAW ENFORCEMENT LABOR .................................................. $540.00
055041 LEAGUE OF MINNESOTA CITIES .............................................. $30.00
055042 LEXISNEXIS RISK DATA MGMT INC .......................................... $55.00
055043 LORETTO AUTO BODY ......................................................... $5,640.35
055044 CITY OF MAPLE PLAIN ......................................................... $1,731.26
055045 MARTIN MARIETTA MATERIALS INC ................................... $1,390.29
055046 MATHESON TRI-GAS INC .......................................................... $63.61
055047 METROPOLITAN COUNCIL ................................................. $36,562.86
055048 MN DEPT OF LABOR/INDUSTRY ............................................. $100.00
055049 TRUST AGREEMENT DENNIS MORROW ............................... $166.15
055050 NAPA OF CORCORAN INC ...................................................... $158.89
055051 NELSON, ERIK ..................................................................... $10,000.00
055052 OAK RIDGE PET BOARDING ................................................ $1,200.00
055053 ODP BUSINESS SOLUTION LLC .............................................. $390.89
055054 CITY OF ORONO ................................................................... $2,441.22
055055 PEMBER COMPANIES INC ............................................... $205,310.24
055056 PFEFFER, DAVID ........................................................................ $86.74
055057 PREMIUM WATERS INC ............................................................. $79.73
055058 ROLF ERICKSON ENTERPRISES INC .................................. $9,958.00
055059 SCHARF, ANDREW .................................................................. $129.36
055060 SIR LINES-A-LOT LLC ......................................................... $11,973.72
055061 SOLUTION BUILDERS INC .................................................... $5,262.60
055062 STREETER & ASSOCIATES ................................................ $10,000.00
055063 STREICHER'S ............................................................................. $30.00
055064 TEGRETE CORP .................................................................... $1,418.00
055065 TIMESAVER OFFSITE .............................................................. $406.50
055066 TOTAL CONTROL SYSTEMS INC. ........................................... $767.80
055067 TWIN CITY OUTDOOR SERVICES INC ............................... $13,633.31
055068 VALLEY PAVING ..............................................................$1,201,408.84
Total Checks $1,812,336.90
ELECTRONIC PAYMENTS NOVEMBER 8, 2023 – NOVEMBER 21, 2023
007059E PR PERA .............................................................................. $20,480.38
007060E PR FED/FICA ....................................................................... $20,294.01
007061E PR MN Deferred Comp ........................................................... $3,967.47
007062E PR STATE OF MINNESOTA .................................................. $4,525.30
007063E CITY OF MEDINA ........................................................................ $25.00
007064E FURTHER .............................................................................. $2,727.39
007065E CENTURYLINK.......................................................................... $278.48
007066E CIRCLE K FLEET ........................................................................ $43.15
007067E CULLIGAN-METRO ................................................................... $134.70
007068E FP MAILING SOL POSTAGE BY PHON ................................. $1,000.00
007069E FRONTIER .................................................................................. $58.00
007070E FURTHER .............................................................................. $1,605.98
007071E MEDIACOM OF MN LLC ........................................................ $1,108.97
007072E XCEL ENERGY ...................................................................... $7,255.26
007073E FARMERS STATE BANK OF HAMEL ......................................... $20.00
Total Electronic Checks $63,524.09
PAYROLL DIRECT DEPOSITS NOVEMBER 8, 2023
0513123 ALBERS, TODD M. .................................................................... $230.87
0513124 ALTENDORF, JENNIFER L. ................................................... $1,171.01
0513125 BARNHART, ERIN A. ............................................................. $3,019.12
0513126 BOECKER, KEVIN D. ............................................................. $3,095.52
0513127 CAVANAUGH, JOSEPH ............................................................ $230.87
0513128 CONVERSE, KEITH A. ........................................................... $2,361.14
0513129 DEMARS, LISA ....................................................................... $1,614.86
0513130 DESLAURIERS, DEAN .............................................................. $230.87
0513131 DION, DEBRA A. .................................................................... $2,198.97
0513132 ENDE, JOSEPH...................................................................... $2,121.37
0513133 FINKE, DUSTIN D. ................................................................. $3,122.31
0513134 GLEASON, JOHN M. .............................................................. $1,945.63
0513135 GREGORY, THOMAS ............................................................ $2,125.47
0513136 GROTH, BRENNA L ............................................................... $1,504.52
0513137 HALL, DAVID M. ..................................................................... $2,586.78
0513138 HANSON, JUSTIN .................................................................. $2,563.44
0513139 JOHNSON, SCOTT T. ............................................................ $2,784.01
0513140 KLAERS, ANNE M. ................................................................. $1,750.78
0513141 LEUER, GREGORY J. ............................................................ $2,180.54
0513142 MARTIN, KATHLEEN M ............................................................ $327.07
0513143 MCGILL, CHRISTOPHER R. .................................................. $1,631.79
0513144 MCKINLEY, JOSHUA D .......................................................... $2,207.57
0513145 MYHRE, JORDAN J ............................................................... $2,469.63
0513146 NELSON, JASON ................................................................... $3,044.15
0513147 RATKE, TREVOR J ................................................................ $2,181.49
0513148 REID, ROBIN ............................................................................. $230.87
0513149 REINKING, DEREK M ............................................................ $2,199.08
0513150 RUCKE, MARIA ...................................................................... $1,888.39
0513151 SCHEIBE, CONNIE L ............................................................. $1,624.64
0513152 SCHERER, STEVEN T. .......................................................... $2,730.26
0513153 VINCK, JOHN J ...................................................................... $1,992.68
0513154 VOGEL, NICHOLE ..................................................................... $927.11
0513155 WALKER, CAITLYN M. ........................................................... $2,074.29
0513156 WIESE, TANNER .................................................................... $1,789.94
0513157 BURSCH, JEFFREY ............................................................... $1,506.35
Total Payroll Direct Deposit $65,663.39