HomeMy Public PortalAbout2024-15 Resolution Accepting Street Impr - Meadowview 2nd AddResolution No. 2024-15
April 2, 2024
Member DesLauriers introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2024-15
RESOLUTION ACCEPTING TAMARACK DRIVE STREET AND STORM SEWER
IMPROVEMENTS ADJACENT TO MEADOWVIEW COMMONS 2ND ADDITION
WHEREAS, the City of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, U.S. Home Corporation (the “Developer”) has constructed improvements
within the platted development known as Meadowview Commons 2nd Addition for the purpose of
developing townhome lots; and
WHEREAS, the Developer and the City have previously entered into an agreement dated
April 26, 2021 (the “Development Agreement”) related to the development of the subdivision; and
WHEREAS, pursuant to the terms of the Agreement, the Developer completed
construction of public sanitary sewer and watermain infrastructure improvements in 2022 and the
City subsequently accepted the sanitary sewer and water improvements as public improvements;
and
WHEREAS, the Developer has now completed construction of public street and storm
sewer improvements adjacent to the Subdivision along Tamarack Drive (the “Improvements”);
and
WHEREAS, the city engineer has inspected the Improvements along Tamarack Drive, and
determined that they have been constructed in accordance with the plans incorporated in the
Development Agreement; and
WHEREAS, the estimated cost of construction of the Improvements was $140,000.00 for
the street and $35,000.00 for the storm sewer, the total amount of the Improvements was $175,000;
and
WHEREAS, the Development Agreement requires the Developer or the Developer’s
contractor to submit a warranty bond guaranteeing repair or replacement of any defects in the
Improvements for two years following completion as a condition of being accepted by the City.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
as follows:
1. The City hereby accepts the Improvements as public improvements upon the date of this
resolution or the date indicated on the warranty bond, whichever is later. Thereafter, the
Resolution No. 2024-15 2
April 2, 2024
City shall maintain the Improvements as public improvements, except as provided for
herein.
2. The Developer shall remain responsible to repair or replace defective portions of the
Improvements if they show signs of failure within two years of date of this resolution or
the date indicated on the warranty bond, whichever is later, normal wear and tear excepted.
3. If the Developer fails to repair or replace defective portions of the Improvements as
required herein and pursuant to the Development Agreement, the City may utilize the
warranty bond for such purpose.
4. Upon receipt of the warranty bond and at the discretion of the city engineer, the City
authorizes a reduction of the letter of credit for the Improvements as described herein.
5. Acceptance of the Improvements is subject to the terms and conditions of the letter from
the city engineer dated March 27, 2024.
6. City staff and consultants are authorized and directed to take all steps necessary or
convenient to carry out the intent and purpose of this resolution.
Dated: April 2, 2024.
Kathleen Martin, Mayor
ATTEST:
Caitlyn Walker, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Albers upon vote being taken thereon, the following voted in favor thereof:
Albers, DesLauriers, Martin, Reid
And the following voted against same: (Absent: Cavanaugh)
None
Whereupon said resolution was declared duly passed and adopted.