HomeMy Public PortalAbout01.20.2015 City Council Meeting PacketNIEDINA
AGENDA FOR THE REGULAR MEETING
OF THE MEDINA CITY COUNCIL
Tuesday, January 20, 2015
7:00 P.M.
Medina City Hall
2052 County Road 24
Meeting Rules of Conduct:
• Fill out and turn in white
comment card
• Give name and address
• Indicate if representing a group
• Limit remarks to 3-5 minutes
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
IV. APPROVAL OF MINUTES
A. Minutes of the January 6, 2015 Regular Council Meeting
V. CONSENT AGENDA
A. Approve Letters Opposing Heavier Trucks on Minnesota Roads
B. Appoint Joe Ende to the Position of Public Works Maintenance Worker
C. Approve Job Description and Authorize Recruitment for a Part -Time Planning Position
D. Resolution Approving the Final Plat of Medina Clydesdale Townhomes
E. Development Agreement by and between the City of Medina and Medina Leased Housing
Associates I, Limited Partnership for Medina Clydesdale Townhomes
VI. COMMENTS
A. From Citizens on Items Not on the Agenda
B. Park Commission
C. Planning Commission
VII. PRESENTATIONS
A. Resolution Recognizing Cec Vieau for 25 Years of Service to the City of Medina
VIII. OLD BUSINESS
A. Resolution Approving A Comprehensive Plan Amendment Regarding the Staging and Growth
Plan and the Pace of Development
IX. NEW BUSINESS
A. Tower Drive Plans and Specifications
1. Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
Public Improvements Associated with the Tower Drive Improvement Project
B. Well #8 and Submersible Pump Specification Approval and Authorization to Advertise for Bid
X. CITY ADMINISTRATOR REPORT
XI. MAYOR & CITY COUNCIL REPORTS
XII. APPROVAL TO PAY BILLS
XIII. ADJOURN
Posted 1/16/2015 Page 1 of I
MEMORANDUM
TO: Medina City Council
FROM: Scott Johnson, City Administrator
DATE OF REPORT: January 14, 2015
DATE OF MEETING: January 20, 2015
SUBJECT: City Council Meeting Report
V. CONSENT
A. Approve Letters Opposing Heavier Trucks on Minnesota Roads — Mayor Mitchell
and staff were made aware of recent proposals at the State Legislature to increase the
State weight limit for semi -trucks traveling on our local roadways. The proposed
letters oppose the increase which would cause additional maintenance and expense
for area roads. Staff recommends approval.
See attached letters.
B. Appoint Joe Ende to the Position of Public Works Maintenance Worker - Staff
recommends the appointment of Joe Ende to the position of Public Works
Maintenance Worker effective February 2, 2015 as defined by the terms in the
attached memo.
See attached appointment memo.
C. Approve Job Description and Authorize Recruitment for a Part-time Planning
Position — In the Planning/Building Department this temporary position will
concentrate on scanning documents into the new Laserfiche system (electronic
filing) and provide administrative assistance for this department. Staff recommends
approval.
See attached advertisement and job description.
D. Resolution Approving the Final Plat of Medina Clydesdale Townhomes — At the
December 2nd meeting, the City Council reviewed the proposal and directed staff to
bring forward items for approval. Staff recommends approval.
See attached resolution.
E. Development Agreement by and between the City of Medina and Medina Leased
Housing Associates I, Limited Partnership for Medina Clydesdale Townhomes - At
the December 2nd meeting, the City Council reviewed the proposal and directed
staff to bring forward items for approval. Staff recommends approval.
See attached agreement.
VII. PRESENTATIONS
A. Resolution Recognizing Cec Vieau — Police Administrative Assistant Cec Vieau will
be present at the meeting to receive a resolution and be commended for her 25 years
of service. Staff recommends approval.
See attached resolution.
Recommended Motion: Approve resolution recognizing Cec Vieau for 25
years of service to the City of Medina
VIII. OLD BUSINESS
A. Resolution Approving a Comprehensive Plan Amendment Regarding the Staging and
Growth Plan and the Pace of Development — The City Council reviewed this item at
the January 6th meeting. Council Member Pederson recused himself from the
discussion due to a conflict of interest because of a piece of property he owns in the
planning area. Staff normally includes this item on the Consent Agenda, but has
included it under Old Business on the agenda to allow Council Member Pederson to
recuse himself from the possible approval of the resolution. Staff recommends
approval.
See attached resolution.
Recommended Motion: Approve Resolution approving a comprehensive plan
amendment regarding the staging and growth plan and the pace of
development.
IX. NEW BUSINESS
A. Tower Drive Plans and Specifications — Staff and WSB have worked together to
complete the plans and specifications. The next step in the process is to formally
approve the plans and specifications and authorize advertising to bid the project.
See attached memo, resolution and plans.
Recommended Motion: Approve resolution approving plans and
specifications and ordering advertisement for bids for public improvements
associated with the Tower Drive improvement project.
B. Well # 8 and Submersible Pump Specification Approval and Authorization to
Advertise for Bid — Specifications for this project are now complete and the next step
in the process is to formally approve the specifications and authorize advertising to
bid the project. We would expect to open bids sometime in March, 2015. The
estimated construction cost is $180,000.
See attached memo and plans.
Recommended Motion: Motion to approve the specifications for the Well #8
and Submersible Pump Improvement Project and authorization to advertise
for bids.
2
X. CITY ADMINISTRATOR REPORT
XII. APPROVAL TO PAY BILLS
Recommended Motion: Motion to approve the bills, EFT 002963E-002987E for $61,855.45,
order check numbers 042344-042416 for $218,112.53, and payroll EFT 506152-506182 for
$50, 711.26.
INFORMATION PACKET
• Planning Department Update
• Police Department Update
• Public Works Department Update
• Claims List
Meeting Reminders for January 20, 2015
• Goals Work Session at 4:00 PM
• Economic Development Authority Meeting (EDA) at 6:30 PM
3
DRAFT
2
3 MEDINA CITY COUNCIL MEETING MINUTES OF JANUARY 6, 2015
4
5 The City Council of Medina, Minnesota met in regular session on January 6, 2015 at
6 7:00 p.m. in the City Hall Chambers. Mayor Weir presided.
7
8 I. ROLL CALL
9
10 Members present: Anderson, Cousineau, Pederson, Martin, and Mitchell
11
12 Members absent: None.
13
14 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer
15 Tom Kellogg, City Planner Dusty Finke, Public Works Director Steve Scherer, Chief of
16 Police Ed Belland, and Recording Secretary Amanda Staple.
17
18 II. PLEDGE OF ALLEGIANCE & CEREMONIAL MATTERS (7:00 p.m.)
19
20 A. Oath of Office for Mayor Bob Mitchell
21 Johnson administered the oath of office to Mayor Bob Mitchell.
22
23 B. Oath of Office for Councilmember Kathleen Martin
24 Johnson administered the oath of office to Councilmember Kathleen Martin.
25
26 C. Oath of Office for Councilmember Lorie Cousineau
27 Johnson administered the oath of office to Councilmember Lorie Cousineau.
28
29 Mitchell stated that he and Cousineau are very pleased to be joining the Council and he
30 thanked the other members of the Council and staff for their hard work.
31
32 III. ADDITIONS TO THE AGENDA (7:05 p.m.)
33 The agenda was approved as presented.
34
35 IV. APPROVAL OF MINUTES (7:06 p.m.)
36
37 A. Approval of the December 16, 2014 Special City Council Meeting Minutes
38 It was noted on page one, section two, the second sentence "In light of the absence of
39 issues related to multi -housing properties in Medina and staff resources required to
40 implement such a program, the City Council.... On page one, section four, the first
41 sentence, it should state, "...building code section 1306..." On page one, section four,
42 the third sentence, it should state, "...building code and using uses of existing buildings
43 for new uses, without which requires adding..." On page one, section four, the fifth
44 sentence, it should state, "...keeping section 1306 as a restriction in place..." On page
45 one, section four, the last sentence, it should state, "...and find out if lenders that
46 financing finance renovation of existing facilities typically require sprinkling."
47
48 Moved by Anderson, seconded by Pederson, to approve the December 16, 2014 special
49 City Council meeting minutes as amended. Motion passed unanimously.
50
Medina City Council Meeting Minutes 1
January 6, 2015
B. Approval of the December 16, 2014 Regular City Council Meeting Minutes
2 It was noted on page five, line 19, it should state, "...requirements of the PUD, and also
3 benefits the golf course, and also benefits the City by helping the golf course to remain
4 as open space." On page five, on line 34, it should state, "...modifying condition 1C to
5 reflect the change to a 35 foot changc to the front setback..." On page six, line eight, it
6 should state, "Anderson questioned if confirmed that the..." On page six, line 30, it
7 should state, "She noted that they she and her spouse..." On page six, line 31, it should
8 state, "...property of their properties..."
9
10 Moved by Anderson, seconded by Pederson, to approve the December 16, 2014 regular
11 City Council meeting minutes as amended. Motion passed unanimously.
12
13 V. CONSENT AGENDA (7:12 p.m.)
14
15 A. Approve 2015 Meeting Calendar
16 B. Approve Settlement Agreement and General Release with Panasonic for
17 Squad Cameras
18 C. Resolution No. 2015-01 Accepting Donation from Elizabeth Weir
19 D. Resolution No. 2015-02 Accepting Donation from the Loretto Fire
20 Department
21 E. Resolution No. 2015-03 Relating to Parking Restrictions on Hamel Road
22 from Pinto.Drive to 1300 Feet East of Pinto Drive
23 F. Riesolu}♦ion Re ognizinq and Honoring Mayor Elie h Weira�-r for Dedicated
24 Service to 4he City of Medina
25 G. Resolution No. 2015-04 Recognizing Melissa Martinson for Four Years of
26 Service to the City of Medina
27 H. Resolution No. 2015-05 Recognizing Ann Thies for Her Service to the City
28 of Medina on the Medina Park Commission
29 Moved by Martin, seconded by Anderson, to approve the consent agenda. Motion
30 passed unanimously.
31
32 F. Resolution No. 2015-06 Recognizing and Honoring Mayor Elizabeth Weir for
33 Dedicated Service to the City of Medina
34 Mitchell read aloud the Resolution Recognizing and Honoring Mayor Elizabeth Weir for
35 Dedicated Service to the City of Medina.
36
37 Moved by Martin, seconded by Anderson, to approve Resolution No. 2015-06
38 Recognizing and Honoring Mayor Elizabeth Weir for Dedicated Service to the City of
39 Medina. Motion passed unanimously.
40
41 VI. COMMENTS (7:18 p.m.)
42
43 A. Comments from Citizens on Items not on the Agenda
44 Fernando Vivanco, 4508 Bluebell Trail South, congratulated the new Mayor and
45 Councilmembers that were recently elected as well as exiting Mayor Weir. He stated
46 that this was one of the closest Mayoral elections in the history of Medina, noting that the
47 Councilmember races were also close. He reminded the Councilmembers of the
48 platforms they ran on, that of slowing growth and keeping Medina rural. He stated that
49 the Medina community is following the Council actions closely and wished everyone luck
50 on continuing the path on which they ran their campaigns.
51
Medina City Council Meeting Minutes 2
January 6, 2015
1 B. Park Commission
2 Scherer reported that the Park Commission met on December 17th to hear two separate
3 presentations from two separate Eagle Scouts. He stated that the Park Commission has
4 recommended moving forward on the Holy Name project while a few additional details
5 were requested for the ball field project.
6
7 C. Planning Commission
8 Finke reported that the Planning Commission will meet in the next week to consider two
9 items; the first to consider a variance and site plan review for expansion of the parking
10 lot at 695 Tower Drive and the second to consider regulations regarding solar energy.
11
12 VII. OLD BUSINESS
13
14 A. Villas at Medina Golf and Country Club General Plan PUD/Preliminary Plat
15 (7:23 p.m.)
16 Pederson recused himself from the discussion.
17
18 Finke stated that the Council directed staff to prepare these documents for approval at
19 their December 16th meeting. He noted that normally this item would have been
20 included on the Consent Agenda but explained that staff presented the item in this
21 manner because Pederson would need to recuse himself.
22
23 Mitchell reviewed the guidelines regarding conflict of interest.
24
25 Cousineau stated that she was a member of the Country Club but left the club as of
26 December 31, 2014 and simply wanted to state that information although that would not
27 be a conflict of interest.
28
29 1. Ordinance No. 573 Establishing a Planned Unit Development District
30 for "Villas at Medina Country Club" and Amending the Official
31 Zoning Map
32 Moved by Anderson, seconded by Cousineau, to approve Ordinance No. 573
33 Establishing a Planned Unit Development District for "Villas at Medina Country Club" and
34 Amending the Official Zoning Map. Motion passed unanimously.
35
36 2. Resolution No. 2015-07 Authorizing Publication of the Ordinance by
37 Title and Summary
38 Moved by Anderson, seconded by Martin, to approve Resolution No. 2015-07
39 Authorizing Publication of Ordinance No. 573 by Title and Summary. Motion passed
40 unanimously.
41
42 3. Resolution No. 2015-08 Approving a Preliminary Plat and
43 Establishing Findings of Fact for a General Plan Planned Unit
44 Development for a Subdivision to be Known as "Villas at Medina
45 Country Club"
46 Moved by Anderson, seconded by Martin, to approve Resolution No. 2015-08 Approving
47 a Preliminary Plat and Establishing Findings of Fact for a General Plan Planned Unit
48 Development for a Subdivision to be Known as "Villas at Medina Country Club". Motion
49 passed unanimously.
50
51 B. Comprehensive Plan — Staging and Growth Plan (7:28 p.m.)
Medina City Council Meeting Minutes 3
January 6, 2015
1 Pederson recused himself from the discussion as he owns property in the staging and
2 growth discussion area.
3
4 Finke provided background information on the discussion the Council and Planning
5 Commission have had recently regarding staging and growth plans related to the
6 Comprehensive Plan. He advised that the Planning Commission recommends removing
7 the ability for a property to "jump ahead" and to amend the staging and growth plan to
8 shift property into the staging period on later, with the exception of business, commercial
9 and industrial properties. He stated that later discussion of the Planning Commission
10 recommended for a property to be allowed to "jump ahead" but only by two years. He
11 provided information displaying how the capacity for development would be impacted by
12 the proposed amendment, noting that the City would be able to meet or exceed the
13 Metropolitan (Met) Council requirements even with the proposed amendment. He
14 restated that the Planning Commission recommended reducing the ability to "jump
15 ahead" from five years to two years, noting that the incentive based criteria would still
16 apply. He stated that because of the incentive criteria necessary to "jump ahead" staff
17 did not believe that many developers would choose to utilize the option with a period of
18 two years because of the additional measures that are required. He stated that the
19 Council should consider the concentration of development within a staging period,
20 explaining that through this model there will still be large portions of contiguous land that
21 will be developed noting that the development would simply be postponed five years.
22 He stated that in order to avoid this, the plan would need to be amended to break up the
23 staging periods to avoid the large contiguous areas.
24
25 Mitchell stated that he was on the Planning Commission the previous month and voted
26 in favor of this request. He stated that most of the Councilmembers ran their election
27 based on slowing growth.
28
29 Anderson stated that as he understands it this will simply slow down the growth within a
30 geographic area of the City and does not alleviate the concentration of that growth,
31 noting that if that concern is to be addressed it would need to be done in a different
32 manner. He stated that this plan is not lacking but simply believed that more could be
33 done to break up that growth.
34
35 Cousineau agreed that this would simply be slowing the growth and noted that further
36 changes could be made when the Comprehensive Plan is amended in the next few
37 years.
38
39 Martin agreed that this plan follows the direction of the Council to slow the growth until
40 the time when the Comprehensive Plan is amended, which also allows additional time
41 for possible intersections to be upgraded. She commended staff for their efforts.
42
43 Johnson stated that this was the product of Finke's phenomenal work and he should
44 receive the credit.
45
46 Martin stated that this is also a result of public input and comment.
47
48 Anderson stated that this is a great first step.
49
Medina City Council Meeting Minutes 4
January 6, 2015
1 Mitchell stated that his decision was based on the decrease in the forecast from the Met
2 Council as well as the public sentiment. He agreed that this is the first step in the
3 process in a better method of planning.
4
5 Moved by Martin, seconded by Anderson, to direct staff to prepare a Resolution
6 Approving the Comprehensive Plan Amendment. Motion passed unanimously.
7
8 Pederson rejoined the Council.
9
10 VIII. NEW BUSINESS
11
12 A. Daniel Munsell — Easement Vacation — 3157 Wild Flower Trail — Public
13 Hearing (7:52 p.m.)
14 Finke stated that the property owner at 3157 Wild Flower Trail has requested the
15 vacation of an existing upland buffer easement. He explained that during construction
16 the patio was inadvertently constructed in the buffer. He advised that the applicant
17 proposes a replacement easement approximately four feet narrower in return. He stated
18 that staff believes it to be in the public interest to vacate the easement as requested,
19 with the replacement easement, as the regulations would have allowed for an easement
20 of this width.
21
22 Mitchell opened the public hearing at 7:55 p.m.
23
24 No comments made.
25
26 Mitchell closed the public hearing at 7:55 p.m.
27
28 Anderson referenced the language "inadvertently constructed" and questioned if that
29 was the fault of the developer.
30
31 Finke believed the error to be of the landscaping contractor used by the property owner.
32
33 1. Resolution No. 2015-09 Vacating Upland Buffer Easement on 3157
34 Wild Flower Trail
35 Moved by Pederson, seconded by Anderson, to approve Resolution No. 2015-09
36 Vacating Upland Buffer Easement on 3157 Wild Flower Trail. Motion passed
37 unanimously.
38
39 B. Ordinance Regarding Nursing Homes, Assisted Living Facilities, and
40 Similar Uses; Amending Chapter 8 of the City Code (7:58 p.m.)
41 Finke stated that staff reviewed this language in the City Code because of a recent
42 application of this nature. He explained that staff reviewed the regulations related to this
43 type of use, while the issue was still fresh in their minds, to identify any conflicts in the
44 different zoning districts. He identified certain aspects such as the proximity to an
45 arterial roadway and stated that the current regulations are not comparable to other
46 similar multi -family housing buildings, such as apartments. He advised that the Planning
47 Commission considered the information and recommended the amended language
48 apply to the business district but not to amend the language applying to the commercial
49 or lower density districts.
50
Medina City Council Meeting Minutes 5
January 6, 2015
1 Cousineau questioned if the current regulations for assisted living facilities also apply to
2 group homes.
3
4 Finke explained that group homes are addressed separately in another area of the
5 Code.
6
7 Martin referenced the language "and similar uses" and questioned if that language is a
8 bit broad.
9
10 Finke noted the language "and similar uses" could simply be removed. He stated that
11
12 Martin suggested the language "similarly licensed facilities".
13
14 Batty stated that there are other elements, such as independent living, and was unsure if
15 that use would be licensed. He stated that the Council may not want to inadvertently
16 exclude that use.
17
18 Finke noted that there is no timeline for this amendment and advised that additional staff
19 time could be used to gather additional information and definitions.
20
21 Moved by Anderson, seconded by Cousineau, to table the Ordinance Regarding Nursing
22 Homes, Assisted Living Facilities, and Similar Uses; Amending Chapter 8 of the City
23 Code, directing staff to provide additional information including definition to bring the
24 matter back no later than the second Council meeting in February. Motion passed
25 unanimously.
26
27 4 Resolution Authr�ri�ing Publica ion of the Ordinance by Title and
28 Summary
29
30 C. Resolution No. 2015-10 Establishing 2015 Appointments and Designations
31 to Various City Services, Authorities, Commissions and Agencies (8:09
32 p.m.)
33 Johnson presented the annual action item to establish the appointment and designations
34 for 2015. He referenced page two and advised that South Crow River News is now titled
35 Crow River News and will be updated as such.
36
37 Mitchell stated that he was able to talk to the other members of the Council to ensure
38 that everyone was satisfied with their appointment and designations. He was pleased
39 that the liaison position has become more robust. He was also pleased with the
40 recruiting efforts and appointments to the Planning Commission.
41
42 Moved by Martin, seconded by Anderson, to approve Resolution No. 2015-10
43 Establishing 2015 Appointments and Designations to Various City Services, Authorities,
44 Commissions and Agencies. Motion passed unanimously.
45
46 D. Saturday City Council Office Hours Discussion (8:13 p.m.)
47 Johnson stated that in the past the Council has set Saturday City Council hours, which
48 have previously been held the third Saturday of each month. He stated that he has been
49 approached by members of the Council who questioned why the hours are still being
50 held. During the past three years there have only been one or two residents that have
Medina City Council Meeting Minutes 6
January 6, 2015
1 taken advantage of the Saturday hours. He stated that residents are able to request
2 meetings with members of the Council as needed.
3
4 Pederson stated that in his experience he would plan to attend his Saturday hours and
5 would then not meet with anyone.
6
7 Martin stated that she had only had one resident come into the Saturday hours. She
8 stated that she found the conversation to be nice and would welcome meeting with any
9 residents at their request.
10
11 Johnson confirmed that staff could take a request from a resident and set the necessary
12 appointment with a member of the Council if necessary.
13
14 It was the consensus of the Council to not hold Saturday City Council hours going
15 forward.
16
17 IX. CITY ADMINISTRATOR REPORT (8:15 p.m.)
18 Johnson reported that the 2015 Council Goals Planning Session will be held on January
19 20th at 4:00 p.m.
20
21 A. Clean -Up Day Trees
22 Scherer stated that staff reviewed a request to determine if there are areas that could
23 benefit from additional tree planting. He stated that the previous year Pederson donated
24 funds which were used to reduce the price of trees at Clean -Up Day and advised that
25 the trees were sold quickly. He stated that perhaps a similar subsidy could be used to
26 purchase 100 trees that could then be planted by residents on private property. He
27 stated that he would like to use some of the environmental funds that will be gained
28 through the Tree Ordinance to subsidize the trees at 50 percent, noting that trees would
29 need to be ordered soon in order to be available at the Clean -Up Day. He advised that
30 60 trees were purchased the previous year and were sold out in 90 minutes. He stated
31 that in the past 100 trees were purchased and would recommend moving back to that
32 number.
33
34 It was the consensus of the Council to direct staff to purchase trees for Clean -Up Day
35 with a subsidy of 50 percent.
36
37 B. Lake Ardmore
38 Johnson stated that staff would also like to provide additional information to the Council
39 regarding Lake Ardmore and engineering costs.
40
41 Scherer stated that the WSB quote stated an amount not to exceed $3,750. He
42 explained that this work would be in conjunction with a paving project in Independence
43 Beach which would capture some of the water before it goes into Lake Ardmore. He
44 advised that engineering services would be needed before a project can be brought
45 forward.
46
47 Johnson stated that the item is within the budget and was simply to advise the Council.
48
49 X. MAYOR & CITY COUNCIL REPORTS (8:23 p.m.)
50 No comments made.
51
Medina City Council Meeting Minutes 7
January 6, 2015
1 XI. APPROVAL TO PAY THE BILLS (8:23 p.m.)
2 Moved by Anderson, seconded by Pederson, to approve the bills, EFT 002927E-
3 002962E for $82,782.12, order check numbers 042263-042343 for $347,442.11, and
4 payroll EFT 506100-506151 for $94,027.28 and payroll check 020430 for 713.23.
5 Motion passed unanimously.
6
7 XII. ADJOURN
8 Moved by Martin, seconded by Anderson, to adjourn the meeting at 8:23 p.m. Motion
9 passed unanimously.
10
11
12
13
14 Bob Mitchell, Mayor
15 Attest:
16
17
18 Scott Johnson, City Administrator
Medina City Council Meeting Minutes 8
January 6, 2015
Agenda Item # 5A
January 21, 2015
Representative Jerry Hertaus
315 State Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
Saint Paul, Minnesota 55155
Dear Representative Hertaus:
As the Mayor of Medina, I am writing to express Medina City Council's concern regarding
proposals to increase the State weight limit for semi -trucks traveling on our local
roadways. My understanding is that legislation raising the limit from 80,000 pounds to
97,000 pounds will be offered early this year.
Medina is opposed to increased State truck weights, because of the negative consequences
these heavier vehicles would have on our transportation infrastructure for which we all
pay taxes, and because of their potential negative impacts on public safety.
Trucks are a key part of our shipping economy, but the damage 97,000 pound vehicles
would do to our public infrastructure is substantial. More than half of the bridges on the
National Highway System are at least 40 years old (US DOT 2011 National Bridge
Inventory). State and local budgets are under pressure, having absorbed millions of dollars
of cuts from federal and state infrastructure aid over the past decade. The cost to repair the
damage of bigger and heavier trucks is an added tax burden that we should not have to
bear.
Heavier truck loads pose a clear risk to public safety. Many of us have experienced the
feeling of unease when passing a large semi -truck, traveling at speed down a state or
county road that has no median. Heavier trucks (over 97,000 pounds) would intensify
those worries. Because heavily loaded trucks typically have a higher center of gravity, they
have a greater propensity to roll over (USDOT, 2000). A 2013 review of decades of safety
research by the USDOT concluded that gross vehicle weight is associated with higher crash
rates and increased crash severity.
To prolong the longevity of our State, county and local roads and bridges, to save tax payer
dollars in costly infrastructure maintenance and replacement and to prioritize public
safety, I respectfully ask that you oppose any such legislation.
Sincerely,
Robert Mitchell
Mayor of the City of Medina
January 21, 2015
Senator David Osmek
100 Rev. Dr. Martin Luther King Jr. Blvd.
State Office Building, Room 19
St. Paul, MN 55155-1206
Dear Senator Osmek
As the Mayor of Medina, I am writing to express Medina City Council's concern regarding
proposals to increase the State weight limit for semi -trucks traveling on our local
roadways. My understanding is that legislation raising the limit from 80,000 pounds to
97,000 pounds will be offered early this year.
Medina is opposed to increased State truck weights, because of the negative consequences
these heavier vehicles would have on our transportation infrastructure for which we all
pay taxes, and because of their potential for negative impacts on public safety.
Trucks are a key part of our shipping economy, but the added damage 97,000 pound
vehicles would do to our public infrastructure is substantial. More than half of the bridges
on the National Highway System are at least 40 years old (US DOT 2011 National Bridge
Inventory). State and local budgets are under pressure, having absorbed millions of dollars
of cuts from Federal and State infrastructure aid over the past decade. The cost to repair
the damage to transportation infrastructure of bigger and heavier trucks is an added tax
burden that tax payers should not have to bear.
Heavier truck loads pose a clear risk to public safety. Many of us have experienced the
feeling of unease when passing a large semi -truck, traveling at speed down a state or
County road that has no median. Heavier trucks (over 97,000 pounds) would intensify
those worries. Because heavily loaded trucks typically have a higher center of gravity, they
have a greater propensity to roll over (USDOT, 2000). A 2013 review of decades of safety
research by the USDOT concluded that gross vehicle weight is associated with higher crash
rates and increased crash severity.
To prolong the longevity of our State, county and local roads and bridges, to save tax payer
dollars in costly infrastructure maintenance and replacement and to prioritize public
safety, I respectfully ask that you oppose any such legislation.
Sincerely,
Robert Mitchell
Mayor of the City of Medina
MEMORANDUM
TO:
FROM:
DATE OF REPORT:
DATE OF MEETING:
SUBJECT:
Medina City Council
Steve Scherer
January 13, 2015
January 20, 2015
Public Works Maintenance Worker Appointment
General Background
The formal review of the Public Works Maintenance Worker applicants was completed
earlier this week. Based on the final scoring of applicants, committee interviews, and
background/reference checks, I am recommending the appointment of Joe Ende to the
position of Public Works Maintenance Worker. Mr. Ende has verbally accepted the
position with a starting date of February 2, 2015, contingent on City Council approval.
Appointee Background
Mr. Ende's current and past employment has been at the Wilfred Strehler Dairy Farm,
Leuer Farms, Designing Nature and contracted work plowing for the City of Plymouth.
His relevant work experience and skills include holding a Class A Driver's License,
driving one -ton, tandem, and tractor trailer trucks. He also operates backhoes, bobcats,
and a variety of tractors and farm implements. He has experience driving/operating a
plow with wing while plowing the City of Plymouth's streets.
Mr. Ende's references were all able to attest to his hard work, dependability, getting a job
well-done, and his availability to be on -call 24/7.
I am excited with the opportunity to have Mr. Ende join our staff and have confidence in
his strengths through his experience and his ability to be cross -trained in other areas of
the Public Works Department.
Selection Process
• The City Council approved the job description and directed staff to recruit for a
full-time Public Works Maintenance Worker on November 18, 2014.
• Advertisements for the position were published through the League of Minnesota
Cities, Crow River Newspaper and the City Website.
• 27 applications were received, reviewed and scored on December 29th by Public
Works Director Steve Scherer and Assistant to City Administrator Jodi Gallup.
• Six applicants were invited to an oral interview before a committee on January 8th
& 9th. The committee consisted of Public Works Director Steve Scherer, Public
Works Foreman Ivan Dingmann, and Assistant to City Administrator Jodi Gallup.
• The Medina Police Department conducted background checks on Mr. Ende,
consisting of a criminal background check and driving history check.
1
" S t e v e S c h e r e r c o n d u c t e d p a s t e m p l o y m e n t a n d p e r s o n n e l r e f e r e n c e c h e c k s . T h e
b a c k g r o u n d / r e f e r e n c e c h e c k s w e r e a l l p o s i t i v e w i t h n o c o n c e r n s b e i n g n o t e d i n
t h e r e p o r t .
" S t e v e S c h e r e r o f f e r e d t h e p o s i t i o n t o M r . E n d e o n T u e s d a y , J a n u a r y 1 3 t h a n d h e
v e r b a l l y a c c e p t e d t h a t s a m e d a y . M r . E n d e ' s s t a r t i n g d a t e w i l l b e F e b r u a r y 2 ,
2 0 1 5 , w i t h a n h o u r l y w a g e ( n o n - e x e m p t ) o f $ 2 2 . 5 0 / h r . , v a c a t i o n t o b e g i n a c c r u i n g
a t 1 0 d a y s p e r y e a r w i t h t w o p e r s o n a l f l o a t i n g h o l i d a y , a n d o t h e r b e n e f i t s t o b e a t
t h e s a m e r a t e a s o t h e r n o n - u n i o n e m p l o y e e s , i n a c c o r d a n c e w i t h t h e C i t y
P e r s o n n e l P o l i c i e s . F o l l o w i n g a s i x - m o n t h p r o b a t i o n a r y p e r i o d , M r . E n d e ' s
p e r f o r m a n c e w i l l b e r e v i e w e d w i t h a p o s s i b l e 2 % r a i s e u p t o $ 2 2 . 9 5 / h r . M r . E n d e
h a s b e e n n o t i f i e d t h a t o u r r e c o m m e n d a t i o n i s c o n t i n g e n t u p o n C i t y C o u n c i l
a p p r o v a l .
R e c o m m e n d a t i o n
I r e c o m m e n d t o t h e C i t y C o u n c i l , a t t h e J a n u a r y 2 0 , 2 0 1 5 m e e t i n g , t h e a p p o i n t m e n t
o f J o e E n d e t o t h e p o s i t i o n o f f u l l - t i m e P u b l i c W o r k s M a i n t e n a n c e W o r k e r , e f f e c t i v e
F e b r u a r y 2 , 2 0 1 5 , w i t h a n h o u r l y w a g e ( n o n - e x e m p t ) o f $ 2 2 . 5 0 / h r . , v a c a t i o n t o b e g i n
a c c r u i n g a t 1 0 d a y s p e r y e a r , a n d o t h e r b e n e f i t s t o b e a t t h e s a m e r a t e a s o t h e r n o n -
u n i o n e m p l o y e e s , i n a c c o r d a n c e w i t h t h e C i t y P e r s o n n e l P o l i c i e s . F o l l o w i n g a s i x -
m o n t h p r o b a t i o n a r y p e r i o d , M r . E n d e ' s p e r f o r m a n c e w i l l b e r e v i e w e d w i t h a
p o s s i b l e 2 % r a i s e u p t o $ 2 2 . 9 5 / h r .
2
Agenda Item # 5C
OFFICE ASSISTANT — PLANNING/BUILDING. The City of Medina is accepting
applications from individuals to provide temporary administrative assistance in the
Planning Department and Building function. The position will permit a flexible schedule
between 16 and 40 hours per week during regular business hours for an anticipated term
of 750 hours. The position will assist the planning department with conversion of records
to electronic format, as well as other general administrative support. Experience with
Laserfiche software or similar is preferred. Hourly rate is $15.00 - 18.08/hr DOQ. An
application packet and instructions to the applicant can be found on the City's website at
http://medinamn.us/citygov/employment/ Phone: (763) 473-8850. E-mail:
jodi.gallup@ci.medina.mn.us. Applications are to be returned by February 20, 2015.
City of Medina Position Description
OFFICE ASSISTANT
Position Title: Office Assistant
Department: Planning
Supervisor's Title: City Planner
Pay Grade: $15.00 - $18.08/hour DOQ
FLSA Status: NON-EXEMPT
Work Status: Temporary, Part-time
PRIMARY OBJECTIVE OF POSITION
Performs non -supervisory administrative work to support and assist the planning/building department.
Primary responsibility is to convert City records to electronic format utilizing scanner and Laserfiche
software. Position will also provide general administrative and clerical support for the Planning
Department.
ESSENTIAL FUNCTIONS OF POSITION
■ Scan paper records into electronic format, create and organize electronic records management
system using Laserfiche software.
OTHER DUTIES AND RESPONSIBILITIES
■ Performs administrative/clerical tasks as delegated by supervisor.
■ Receives telephone calls and either personally responds or refers to appropriate person.
■ Performs other duties as delegated by supervisor or apparent.
■ Provides good working habits and a willingness to cooperate with others and contribute in a
positive way to a pleasant working climate.
HIRING AND PERFORMANCE ASSESSMENTS WILL INCLUDE THE FOLLOWING
KNOWLEDGE, SHILLS, AND ABILITIES
■ Ability to perform administrative work such as typing, data entry, filing, etc.
■ Ability to produce timely work products with completeness and accuracy.
■ Ability to establish effective work relationships and communicate (verbally and in writing) with
other employees and the general public with courtesy and an appropriate degree of tact.
■ Ability to understand and follow verbal and written instructions.
■ Ability to organize assignments, prioritize tasks and independently complete work in a timely
manner including during stressful situations and under deadlines.
■ Knowledge of the City's operations and structure.
■ Knowledge of office and secretarial standards and practices.
■ Knowledge of proper spelling, business English, grammar, and basic legal terminology.
Machines, tools, and equipment used: Computer, copier, scanner, telephone, and calculator.
MINIMUM REQUIREMENTS
■ High school diploma or equivalent.
■ Working knowledge of personal computers, Microsoft Windows, and Microsoft Office programs.
DESIRABLE QUALIFICATIONS
■ Experience with Laserfiche or similar software
■ Previous administrative experience in a municipal planning or building department or comparable
public agency.
WORKING CONDITIONS
Most work is performed indoor at city hall. The exception is trips to meetings and training. Generally, the
position requires light lifting, usually less than 10 pounds, with up to 50 pounds on occasion. Aside from
cleansers for cleaning office workspace, no hazardous materials or chemicals are used on this job.
City Council Approved:
Agenda Item # 5D
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2015-
RESOLUTION APPROVING THE FINAL PLAT OF
MEDINA CLYDESDALE TOWNHOMES
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Medina Recreations, Inc. is the fee owner of land within the City (the
"Property") which is legally described as Outlot D, Medina Clydesdale Marketplace, Hennepin
County, Minnesota; and
WHEREAS, Medina Leased Housing Associates I, Limited Partnership, a Minnesota
limited partnership (the "Applicant"), intends to purchase and develop the Property; and
WHEREAS, on December 16, 2014, the City Council adopted Resolution 2014-93,
which granted approval for a preliminary plat to replat the Property from an outlot into a single
parcel to allow development; and
WHEREAS, subject to certain terms and conditions, Resolution 2014-93 also approved a
Mixed Use Stage II Plan for a mixed use development consisting of 26 twnhomes and accessory
improvements for an affordable housing project to be known as Medina Clydesdale Townhomes;
and
WHEREAS, the Applicant has requested final plat approval; and
WHEREAS, the City Council reviewed the final plat at the January 20, 2015 meeting;
and
WHEREAS, the City Council has found that, subject to the terms and conditions
contained herein, the plat is substantially consistent with the approved preliminary plat and the
requirements of the City's subdivision regulations.
NOW, THEREFORE BE IT RESOLVED, by the City Council of Medina, Minnesota
that final approval is hereby granted for the plat of Medina Clydesdale Townhomes, subject to
the following terms and conditions:
1. All comments by the City Attorney related to title issues and recording procedures shall
be followed.
2. This final plat shall be recorded within 120 days of the date of this resolution or this
approval shall be considered void, unless a written request for a time extension is
Resolution No. 2015-
January 20, 2015
submitted by the Applicant within said 120 days and approved by the City Council for
good cause.
BE IT FURTHER RESOLVED that City staff are authorized to grant Mixed Use Stage III
approval upon the following terms and conditions:
1. The Applicant shall enter into a development agreement as drafted by the City which
shall include the requirements described below as well as other relevant requirements of
City ordinance or policy.
2. The Applicant shall address all comments of the City Engineer and the Fire Marshal, as
well as the Consulting City Planner dated 1/13/2015.
3. The Applicant shall provide the City a letter of credit as required by City ordinances to
ensure completion of the proposed development improvements.
4. The Applicant shall install the improvements within the property as shown on the plans
received by the City on December 23, 2014, except as modified herein.
5. The Applicant shall provide for a recreational feature for children 10-18 years old in the
common area subject to review and approval by City Staff.
6. No parking signs shall be installed along both sides of the private drive to allow adequate
circulation.
7. The Applicant shall enforce policies and install signage to ensure that parking spaces are
reserved for guest parking and not commonly used by residents.
8. The Applicant shall enforce policies to ensure that trash and recycling bins are stored
within garages and are not prominently visible from surrounding property or streets.
9. The Property shall be subject to current City regulations related to lawn and landscaping
irrigation. Irrigations systems shall not be connected to the City Water Supply System.
10. The Applicant shall install vegetative upland buffers adjacent to wetland as well as
required signage consistent with the City wetland preservation ordinance
11. The Applicant shall obtain necessary approvals and permits from the Elm Creek
Watershed, Hennepin County, the Minnesota Pollution Control Agency, the Minnesota
Department of Health, the Metropolitan Council, and other relevant agencies.
12. All fees incurred by the City regarding the processing and review of this application shall
be paid by the Applicant, including the drafting and review of relevant agreements and
documents and the review of construction plans.
Resolution No. 2015-
January 20, 2015
Dated: January 20, 2015.
By:
Bob Mitchell, Mayor
Attest:
By:
Scott T. Johnson, City Administrator -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. 2015-
January 20, 2015
Agenda Item # 5E
DRAFT
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF MEDINA
AND
MEDINA LEASED HOUSING ASSOCIATES I, LIMITED PARTNERSHIP
FOR
MEDINA CLYDESDALE TOWNHOMES
This document drafted by:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300 (RHB)
453946v5 RHB ME230-596
I. TABLE OF CONTENTS
PAGE
1. Right to Proceed 1
2. Development Improvements; Plans 2
3. Erosion Control 3
4. Site Grading; Haul Route 3
5. Construction of Development Improvements 4
6. Streets and Parking Areas 4
7. Sanitary Sewer and Water Improvements 5
8. Stormwater Improvements 6
9. Landscaping Plan; Landscape Irrigation System 6
10. Street Lighting and Signs; Recreational Facilities 7
11. Letter of Credit 7
12. Upland Buffer Easement Agreement 8
13. City Trunk Connection Rates; SAC Fees 8
14. Responsibility for Costs; Escrow for Construction Inspection 8
15. Developer's Default 9
16. Insurance 9
17. No Building Permits Approved; Certificates of Occupancy 9
18. Clean up and Dust Control 10
19. Compliance with Laws 10
20. Agreement Runs With the Land 10
21. Affordability 10
22. Assignment 11
23. Notices 11
24. Severability 11
25. Non -waiver 11
26. Counterparts 12
SIGNATURES 12-13
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
LEGAL DESCRIPTION OF PROPERTY
LIST OF PLAN DOCUMENTS
FORM OF STORMWATER MAINTENANCE AGREEMENT
DEVELOPMENT IMPROVEMENT COST ESTIMATE
FORM OF UPLAND BUFFER EASEMENT AGREEMENT
453946v5 RHB ME230-596
1
This Development Agreement (the "Agreement") is made and entered into this day of
, 2015 by and between the city of Medina, a municipal corporation under the laws
of Minnesota (the "City"), and Medina Leased Housing Associates I, Limited Partnership, a
Minnesota limited partnership (the "Developer").
WITNES SETH:
WHEREAS, the Developer is the fee owner of the real property legally described on Exhibit
A attached hereto (the "Property"); and
WHEREAS, the Developer intends to develop the Property with 26 twnhomes and
accessory improvements for an affordable housing project to be known as Medina Clydesdale
Townhomes (the "Development"); and
WHEREAS, on October 21, 2014 the City granted Stage I Plan approval under the City's
mixed use zoning district for the Development; and
WHEREAS, the Developer and the City entered into that certain Mixed Use Stage I Plan
Agreement dated November 4, 2014, recorded December 5, 2014 as document no. T05219111 in
the Office of the Registrar of Titles, Hennepin County, Minnesota regarding the Development; and
WHEREAS, on December 16, 2014, the City granted Stage II Plan and preliminary plat
approval for Development; and
WHEREAS, approval of the Stage II Plan and of the preliminary and final plat are
contingent upon the Developer entering into a development agreement satisfactory to the City.
NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the
parties agree as follows:
1. Right to Proceed. The Developer may not construct public or private improvements
or any buildings within the Development until all the following conditions precedent have been
satisfied:
a) the final plat of Medina Clydesdale Townhomes has been filed with
Hennepin County;
b) this Agreement has been executed by the Developer and the City and
recorded with Hennepin County;
c) all erosion control measures are in place;
d) the Developer has submitted and the City has approved the certified
grading plan;
e) final engineering and construction plans for the Development
Improvements (as hereinafter defined) in digital form have been submitted
by the Developer and approved by the city engineer;
453946v5 RHB ME230-596
1
f) the Developer has executed the Stormwater Maintenance Agreement in the
form attached hereto as Exhibit C;
g) the Developer has executed the Upland Buffer Easement Agreement in the
form attached hereto as Exhibit E;
h) the required Letter of Credit (as hereinafter defined) has been received by
the City from or on behalf of the Developer;
i) the Developer has received all required permits from the Elm Creek
Watershed Management Commission, Hennepin County, the Minnesota
Pollution Control Agency, the Minnesota Department of Health, the
Metropolitan Council and any other entity having jurisdiction over the
Development;
j) the Developer has reimbursed the City for all legal, engineering and
administrative expenses incurred to date by the City regarding the
Development and has given the City the additional escrow required by
section 14 of this Agreement;
k) the Developer or the Developer's engineer has initiated and attended a
preconstruction meeting with the city engineer and staff;
1) the Developer has received Stage III Plan approval from City staff; and
m) the City has issued a notice that all conditions precedent have been
satisfied and that the Developer may proceed.
2. Development Improvements; Plans. a) The Developer agrees to develop the
Development in accordance with the Stage II Plan and Stage III Plan, the final plat of Medina
Clydesdale Townhomes and the terms and conditions of City resolutions 2014-74 and 2014-
(the "Resolutions"), which Resolutions are hereby incorporated by reference into this Agreement
and made a part hereof In the event of a conflict between the terms of the Resolutions and this
Agreement, this Agreement shall control. The Developer agrees to construct all required
improvements within the Development in accordance with the approved engineering and
construction plans (collectively, the "Plans") and other applicable ordinances, codes and regulations.
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.
b) In developing the Development in accordance with the Plans, the Developer shall
make or install at its sole expense the following public and private improvements (collectively, the
"Development Improvements"):
1. site grading;
2. private streets and parking spaces;
3. sanitary sewer;
4. municipal water distribution system;
5. stormwater facilities and reservoir;
6. landscaping, including boulevard trees;
7. landscape irrigation system; and
8. street lighting and signage.
453946v5 RHB ME230-596
2
c) All work performed by or on behalf of the Developer on or related to the
construction of the Development Improvements 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. Work related to
construction of the townhomes and accessory improvements within the Development shall be
restricted to the hours of 7:00 a.m. through 8:00 p.m., Monday through Friday and 8:00 a.m. to 5:00
p.m. on Saturday and Sunday.
3. Erosion Control. a) All construction regarding the Development Improvements
shall be conducted in a manner designed to control erosion and in compliance with all City
ordinances and other requirements, including the City's permit with the Minnesota Pollution
Control Agency regarding municipal separate storm sewer system program dated June, 2006.
Before any portion of the Property is graded, an erosion control plan approved by the City shall
be implemented by the Developer. The City may impose reasonable additional 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 or utilities, buildings or other
improvements is anticipated immediately 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 approved erosion control plan and
schedule or supplementary instructions received from the City, the City may take such action as
it deems 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 require will not affect the Developer's obligations or the City's rights hereunder.
c) The Developer agrees to reimburse the City for all reasonable expenses the City
incurs in connection with any action it is required to take to control erosion. No grading or
construction of the Development Improvements will be allowed and no building permits will be
issued within the Development unless the Developer is in full compliance with Developer's
responsibilities to comply with the erosion control requirements provided herein. The erosion
control measures specified in the Plans or otherwise required within the Property shall be binding
on the Developer and its successors and assigns.
4. Site Grading; Haul Route. a) In order to construct the Development
Improvements and otherwise prepare the land 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
with all requirements of the Minnesota Pollution Control Agency. Within 30 days after
completion of the grading, or such other period acceptable to the City's engineer, the Developer
shall provide the City with an "as constructed" grading plan and a certification by a registered
land surveyor or engineer. The City may withhold issuance of a building permit for any
structure within the Development until an approved certified grading plan is on file with the City
and all erosion control measures are in place as determined by the City.
453946v5 RHB ME230-596
3
b) The Developer agrees that any fill material which must be brought to or removed
from the Property while grading will be transported using the haul route established by the City.
All construction traffic during construction of the Development Improvements or any buildings
within the Development shall also utilize the haul route. The City designates Clydesdale Trail to
T.H. 55 as the haul route.
5. Construction of Development Improvements. a) All Development Improvements
shall be installed in accordance with the Stage II Plan, the Stage III Plan, the Plans, this
Agreement, the City ordinances, the City's engineering standards (as hereinafter defined) for
utility and street construction and all requirements of the City engineer. The Developer shall
submit plans and specifications for the Development Improvements 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, Hennepin County and any other agency having
jurisdiction over the Development 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 preconstruction 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 Development 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 AutoCAD 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 9.3 in the coordinates and with the attributes directed by the City
engineer. Iron monuments must be installed in connection with the final plat in accordance with
state law. The Developer's surveyor shall submit a written notice to the City certifying that the
monuments have been installed. All Development Improvements required by this Agreement
shall be completed by no later than March 31, 2016, except as specifically noted otherwise in this
Agreement.
c) No building permit shall be issued for any structures within the Development until
sanitary sewer and water and the bituminous base course of the streets have been constructed.
No temporary or permanent certificate of occupancy shall be issued for any structure within the
Development until all streets, except for the final wear course of bituminous, and all utilities have
been completed for the Development.
6. Streets; Parking Areas. a) The Developer agrees to construct the streets within
the Development in accordance with the Plans and with City specifications for private streets.
The City's specifications for the private streets are the same as those for public streets and are
contained in the edition of its engineering standards (the "Engineering Standards") dated January,
2011, which is hereby incorporated into this Agreement by reference. If there is a conflict between
the Plans and the Engineering Standards, the Engineering Standards shall prevail except when an
alternative has been explicitly approved in writing by the City.
453946v5 RHB ME230-596
4
b) The streets shall be completed by no later than the date for completion of all
Development Improvements except that the final wear course of bituminous on the streets may
be delayed until after 80 percent of the townhomes in the Development have been completed.
Notwithstanding the above, the City reserves the right to require installation of the wear course
regardless of the number of townhomes completed whenever, at its sole discretion, it deems that
to be in the public interest. The Developer shall also repair or replace all broken or failing curbs
and sidewalks at the time of installation of the final wear course of bituminous within the
Development.
c) The streets will be private and will not be accepted by the City for maintenance. The
Developer agrees not to allow parking along the main access drive within the Development in order
to facilitate emergency vehicle access.
d) The Developer shall construct the off-street parking spaces shown on the Plans.
These parking spaces are intended for guest parking within the Development. The Developer
agrees to regulate the use of these parking spaces so that they are reserved for guests and are not
used regularly by tenants.
7. Sanitary Sewer and Water Improvements. a) The Developer agrees to construct
sanitary sewer and water lines to serve the townhomes within the Development. The Developer's
work in constructing the utilities must be in accordance with the Plans and must comply with all
City requirements regarding such utilities. The elements of the Development Improvements
related to water will be dedicated by the Developer to the City as public improvements upon
completion and acceptance by the City. The Developer agrees to grant the City an easement
over the private streets to maintain the water system. The elements of the Development
Improvements related to sanitary sewer will remain private and will not be accepted by the City
for maintenance.
b) The Developer agrees to require its contractor to provide to the City a warranty
bond for the water portion of the Development Improvements to cover defects in labor and
materials for the water Improvements for a period of two years from the date of its acceptance by
the City. During such period, the Developer agrees to repair or replace any portion or element of
the water Improvements which shows signs of failure, normal wear and tear excepted. A
decision regarding whether the water Improvements show signs of failure shall be made by the
City in the reasonable exercise of its judgment. If the Developer fails to repair or replace a
defective water Improvement during the warranty period after prior written notice to Developer
and opportunity to cure as provided in paragraph 15, 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 water 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 Property. The Developer, on behalf
of itself and its successors and assigns, acknowledges the benefit to the Property regarding the
453946v5 RHB ME230-596
5
repair or replacement of the water 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.
8. 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 four rain gardens along the southern
portion of the Development. Following initial treatment in the rain gardens, storm water will be
discharged into the pond on an adjacent parcel which was designed to accommodate storm water
from the Property.
b) The stormwater facilities serving the Development will remain private and will be
maintained by the Developer at its sole expense. 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 a
Stormwater Maintenance Agreement with the City in the form attached hereto as Exhibit C. The
purpose of the Stormwater Maintenance Agreement is to ensure that the Developer maintains the
stormwater facilities and to give the City the right but not the obligation to do so if the Developer
fails in its obligations. The Stormwater Maintenance Agreement will be recorded against the
Property and will run with the land. The Developer acknowledges that i) the stormwater facilities
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 will have full
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 Developer to do so; and iv) if the City performs
any work on the stormwater facilities after reasonable notice to the Developer and the failure of
the Developer to perform the work, the City intends to specially assess the cost of such work
against the Property.
9. Landscaping Plan; Landscape Irrigation Plan. 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. All landscaping materials shall be maintained
and replaced if they die within two years after acceptance by the City. Any landscape irrigation
system utilized within the Development shall be operated in accordance with the Stormwater
Management Plans and is subject to the City's irrigation ordinance and water conservation
ordinance. Water from the City's treated public water system may be utilized for irrigation
purposes only for such limited period of time as the City may permit, which generally means
until the landscaping material has been established. After establishment of the landscaping, the
public water system may not be used for landscape irrigation.
b) The reservoir to be constructed by the Developer or private wells shall be the sole
water source for irrigation of landscaping by means of an irrigation system. The Developer may
construct a private well within the Development if permitted by the Minnesota Department of
Health to supplement the water in the reservoir. If a private well is constructed, the Developer
agrees to provide the City with all geological and well log information obtained when drilling.
Pumping records must also be maintained and provided to the City upon request.
453946v5 RHB ME230-596
6
10. Street Lighting and Signs; Recreational Facilities. a) The Developer agrees to
install street lighting and street signs within the Development in accordance with the Plans. The
Developer shall pay for the cost of the street lighting and street signs. Street signs shall include
signs prohibiting parking on the main access drive and restricting the off-street parking lots to
use by guests. Street lighting shall be equipped with luminaries which allow no light more than
five percent above the horizontal plane. Street signs shall be of a design approved by the City.
b) The Developer agrees to construct the recreational facilities shown on the Plans
within the Development or such alternate facilities as may subsequently be approved by the City.
11. Letter of Credit. a) In order to ensure completion of the Development
Improvements required under this Agreement and satisfaction of all fees due to the City, the
Developer agrees to deliver to the City prior to beginning any construction or work within the
Development a letter of credit (the "Letter of Credit") in the amount of $847,905. This amount
represents 150 percent of the estimated maximum risk exposure for the City, based on the
anticipated sequence of construction and the estimated cost of selected elements of the
Development Improvements, rather than the aggregate cost of all required Development
Improvements. The Letter of Credit, in a form reasonably acceptable to the City and issuing
bank, shall be delivered to the City prior to beginning any work on the Development
Improvements and shall provide for renewals thereafter until released by the City. The estimated
costs of the elements of the Development Improvements covered by the Letter of Credit are
itemized on Exhibit D 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 Development Improvements and other specified work
within the Development 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 within a reasonable
period.
b) The City will retain the entire Letter of Credit until utility testing and the
bituminous base course for the streets within the Development are complete. Within 30 days
thereafter, the City shall reduce the Letter of Credit to an amount roughly equal to 150 percent of
the cost of the remaining work, subject to delivery of the required warranty bond to the City for
the water improvements and satisfaction of all of the Developer's financial obligations to the
City. Thereafter, at any time and from time to time following completion by Developer of any
portion of the remaining work to the satisfaction of the City, the Developer may request an
additional reduction and the City shall grant such reduction of the Letter of Credit to an amount
equal to 150 percent of the then remaining work. The Letter of Credit shall be released in full
and returned to the Developer within 30 days of the following: installation of the final wear
course of bituminous on the streets; satisfaction of all financial obligations by the Developer to
the City; and completion of all other requirements of this section. Prior to releasing any portion
of the Letter of Credit or accepting another Letter of Credit in replacement, the City shall first be
satisfied that all work has been completed according to the Plans and that the Developer has
taken such steps as may be necessary to ensure that no liens will attach to the Development.
453946v5 RHB ME230-596
7
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 Development
Improvements being accepted by the City or for which financial security is required by City
ordinance or policy 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.
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.
12. Upland Buffer Easement Agreement. The Developer agrees to execute the Upland
Buffer Easement Agreement in the form attached hereto as Exhibit E. The purpose of the Upland
Buffer Easement Agreement is to enhance water quality in the wetlands, provide that no structures
or fill are placed in those areas and ensure that they are maintained in such condition thereafter. The
Upland Buffer Easement Agreement will be recorded with Hennepin County.
13. 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 the Developer trunk connection fees for the availability of sanitary sewer and water to the
Development. The trunk connection fees for sanitary sewer and water shall be payable at the
time of issuance of each building permit at the then -current rates. Rates for 2015 are $7,575 for
water and $1,075 for sanitary sewer. The rates are typically adjusted annually.
b) The Metropolitan Council charges the City a sewer availability charge for each
new connection to the metropolitan sanitary sewer disposal system or increase in capacity
demand. The Developer agrees to reimburse the City for any sewer availability charge paid by
the City to the Metropolitan Council in regard to the Development.
14. 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 Development, including the drafting and
negotiation of this Agreement. 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 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.
b) The Developer shall also pay a fee for City construction observation and
administration relating to construction of the Development Improvements. Construction
observation shall include inspection of all the Development Improvements. In order to reimburse
the City for the reasonable cost of inspection of the Development Improvements, the Developer
shall deposit $48,000 into an escrow account with the City, which shall receive and hold such
453946v5 RHB ME230-596
8
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 costs or expenses 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 under this section, such funds shall be returned to the Developer
without interest. If it appears that the actual costs incurred will exceed the escrow, the Developer
and the City shall review the costs required to complete the project and the Developer shall
deposit additional sums with the City.
15. Developer's Default. In the event of default by the Developer as to construction or
repair of any of the Development 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. 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 Property to recover
the costs thereof. 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.
16. 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 water element of the
Development 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.
17. No Building Permits Approved; Certificates of Occupancy. a) Approvals granted
to date by the City regarding the Development do not include approval of a building permit for
any structure within the Development. The Developer must submit and the City must approve
building plans prior to an application for a building permit for a structure within the
Development. All building pads must be certified prior to initiation of construction of a building.
The Developer or 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.
453946v5 RHB ME230-596
9
b) No certificate of occupancy shall be issued for any townhome constructed in the
Development unless prior thereto the building site has been graded and all landscaping installed
in accordance with the Plans, the driveway has been installed, any 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 building site has been submitted and approved by the City. In cases
in which seasonal weather conditions make compliance with these conditions impossible, the
City may accept an escrow of sufficient amount to ensure completion of the work during the
following construction season.
18. Clean up and Dust Control. The Developer shall clean on a daily basis dirt and
debris from streets adjoining the Development resulting from construction work by the
Developer, its contractors, agents or assigns, including any party constructing buildings within
the Development. Prior to any grading or construction within the Development, 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 satisfaction of the City's
engineer throughout construction within the Development.
19. 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
Development. This Agreement shall be construed according to the laws of Minnesota. Breach of
the terms of this Agreement by the Developer shall be grounds for denial of building permits for the
townhomes within the Development.
20. 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. 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. The Developer agrees to indemnify and hold the City harmless for any breach of
the foregoing covenant.
21. Affordability. Housing within the Development is intended to be affordable to
persons of low and moderate income. The City's support of the Development is based, in part,
on the contribution made by the Development to meeting the City's affordable housing goals as
described in the City's comprehensive plan. The City has allowed greater density within the
Development because of that affordability. The Developer agrees to adhere to any limitations on
rental rates which may be required by the Minnesota Housing Finance Agency or any other
similar restrictions applicable to the Development. The Developer agrees to maintain these
affordability requirements for such period of time as may be required by the Minnesota Housing
Finance Agency or any other restriction or covenant applicable to the Development. The
Developer agrees to provide evidence to the City of the Developer's compliance with the above
affordability standards upon request by the City, which request shall not be made more than once
per year.
453946v5 RHB ME230-596
10
22. 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.
23. 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 Leased Housing Associates I,
Limited Partnership
2905 Northwest Boulevard, Suite 150
Plymouth, MN 55441
Attention: Jeffrey R. Huggett
with a copy to:
b) as to City:
with a copy to:
Winthrop & Weinstine, P.A.
225 South Sixth Street, Suite 3500
Minneapolis, MN 55402
Attention: Jon L. Peterson
City of Medina
2052 County Road 24
Medina, MN 55340
Attention: City Administrator
Ronald H. Batty
Kennedy & Graven
470 U.S. Bank Plaza
200 South Sixth 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.
24. 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.
25. 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
453946v5 RHB ME230-596
11
party, such waiver shall be deemed to apply only to such event and shall not waive any other prior
or subsequent default.
26. 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.
1N WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the day and year first above written.
By:
By:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY OF MEDINA
Bob Mitchell, Mayor
Scott T. Johnson,
City Administrator -Clerk
The foregoing instrument was acknowledged before me this day of , 2015,
by Bob Mitchell and Scott T. Johnson, the mayor and city administrator -clerk, respectively, of the
city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation.
Notary Public
453946v5 RHB ME230-596
12
MEDINA LEASED HOUSING ASSOCIATES I,
LIMITED PARTNERSHIP
By: Medina Leased Housing Associates I, LLC
Its: General Partner
By:
Name: Jeffrey R. Huggett
Its: Vice President
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me this day of , 2015, by
Jeffrey R. Huggett, the vice president of Medina Leased Housing Associates I, LLC, a Minnesota
limited liability company, which is the general partner of Medina Leased Housing Associates I,
Limited Partnership, a Minnesota limited partnership, on behalf of the limited partnership.
This document drafted by:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300 (RHB)
Notary Public
453946v5 RHB ME230-596
13
EXHIBIT A TO
DEVELOPMENT AGREEMENT
Legal Description of the Development
The land to which this Development Agreement applies is legally described as follows:
Outlot D, Medina Clydesdale Marketplace, Hennepin County, Minnesota
A-1
453946v5 RHB ME230-596
EXHIBIT B TO
DEVELOPMENT AGREEMENT
List of Plan Documents
The following documents constitute the Plans:
[to be completed]
453946v5 RHB ME230-596
B-1
EXHIBIT C TO
DEVELOPMENT AGREEMENT
FORM OF
STORMWATER MAINTENANCE AGREEMENT
THIS AGREEMENT (the "Agreement") is made and entered into as of the day of
, 2015, by and between the city of Medina, a Minnesota municipal corporation (the
"City") and Medina Leased Housing Associates I, Limited Partnership, a Minnesota limited
partnership (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 as shown on the plat of Medina Clydesdale Townhomes (the "Easement Areas"); and
WHEREAS, by a separate development agreement (the "Development Agreement"), the
Developer has agreed to construct and maintain certain stormwater facilities (the "Stormwater
Improvements") within the Easement Areas; and
WHEREAS, the Stormwater Improvements which are the subject of this Agreement
include the four rain gardens in the southern portion of the Property near Clydesdale Trail. 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
shall make periodic inspection and perform maintenance of the Stormwater Improvements as
described in Exhibit C attached hereto. The Developer shall make all such scheduled inspections
and maintenance, keep record of all inspections and maintenance activities, and submit such
C-1
453946v5 RHB ME230-596
records annually to the City. The cost of all inspections and maintenance of the Stormwater
Improvements shall be the obligation of the Developer as the fee owner of the Property.
2. City's Maintenance Rights. The City may maintain the Stormwater
Improvements, as provided in this paragraph, if the City reasonably believes that the Developer
has failed to maintain the Stormwater Improvements in accordance with applicable drainage laws
and other requirements and such failure continues for 30 days after the City gives the Developer
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 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 to perform such maintenance tasks. In
such case, the City shall send an invoice of its reasonable maintenance costs to the Developer,
which shall include all reasonable staff time, engineering and legal and other reasonable costs
and expenses incurred by the City. If the Developer fails to reimburse the City for its costs and
expenses in maintaining the Stormwater Improvements within 30 days of receipt of an invoice
for such costs, the City shall have the right to specially assess the full cost thereof against the
Property. The Developer 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 determined by the city engineer, the 30-day notice
requirement to the Developer for failure to perform maintenance tasks shall be and hereby is
waived in its entirety by the Developer, and the Developer 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 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 the Developer's agents' or employees' gross negligence or willful misconduct, or any
knowing 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.
4. Costs of Enforcement. The Developer agrees to reimburse the City for all
reasonable costs 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 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
C-2
453946v5 RHB ME230-596
otherwise improve the Stormwater Improvements in the event the City subsequently establishes a
storm sewer improvement district covering the Property.
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 Leased Housing Associates I,
Limited Partnership
2905 Northwest Boulevard, Suite 150
Plymouth, MN 55441
Attention: Jeffrey R. Huggett
with a copy to:
b) as to City:
with a copy to:
Winthrop & Weinstine, P.A.
225 South Sixth Street, Suite 3500
Minneapolis, MN 55402
Attention: Jon L. Peterson
City of Medina
2052 County Road 24
Medina, MN 55340
ATTN: City Administrator
Ronald H. Batty
Kennedy & Graven
470 U.S. Bank Plaza
200 South Sixth 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. All duties and obligations of Developer under this
Agreement shall also be duties and obligations of Developer's successors and assigns. The terms
and conditions of this Agreement shall run with the Property.
8. Effective Date. This Agreement shall be binding and effective as of the date first
written above.
C-3
453946v5 RHB ME230-596
MEDINA LEASED HOUSING ASSOCIATES I,
LIMITED PARTNERSHIP
By: Medina Leased Housing Associates I, LLC
Its: General Partner
By:
Name: Jeffrey R. Huggett
Its: Vice President
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me this day of , 2015, by
Jeffrey R. Huggett, the vice president of Medina Leased Housing Associates I, LLC, a Minnesota
limited liability company, which is the general partner of Medina Leased Housing Associates I,
Limited Partnership, a Minnesota limited partnership, on behalf of the limited partnership.
Notary Public
C-4
453946v5 RHB ME230-596
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
SS.
CITY OF MEDINA
By:
By:
Bob Mitchell, Mayor
Scott T. Johnson
City Administrator -Clerk
The foregoing instrument was acknowledged before me this day of
2015, by Bob Mitchell and Scott T. Johnson, the mayor and the city administrator -clerk,
respectively, of the city of Medina, a Minnesota municipal corporation, on behalf of the
municipal corporation.
This instrument drafted by:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
Notary Public
C-5
453946v5 RHB ME230-596
EXHIBIT A TO
STORMWATER MAINTENANCE AGREEMENT
Legal Description of the Property
The property to which this Stormwater Maintenance Agreement applies is legally described
as follows:
Outlot D, Medina Clydesdale Marketplace, Hennepin County, Minnesota
C-A-1
453946v5 RHB ME230-596
EXHIBIT B TO
STORMWATER MAINTENANCE AGREEMENT
Depiction of Location of Stormwater Improvements
USE: •1 ERGY ASSOCIATES LLC
ZONf a, 1NDUSTRIAt; PARK (IP)
LOT 2 •
BLOCK if
THORP.E--BISTRIBlera P Cr l710N
USE: CLYDESDALE RKETPLACE
ZONING: PLANNED Yl151/T D•loeLD126(£NT (RUB`\
C-B-1
453946v5 RHB ME230-596
EXHIBIT C TO
STORMWATER MAINTENANCE AGREEMENT
Inspection and Maintenance Schedule
1. The Developer or its successors or assigns shall inspect the rain gardens at least
annually and shall submit inspection and maintenance reports to the City. The
inspection and maintenance reports shall include, at a minimum:
a. Measurement of sediment depth in the rain gardens;
b. Verification that the rain gardens are clear of debris;
c. Verification that draw -down time for 0.5" rain event does not exceed 48 hours;
and
d. Description of maintenance activities in the past year.
2. At a minimum, the Developer or its successors or assigns shall remove and replace the
top 3"-6" of engineered soils and reseed the rain gardens. The depth of the
replacement shall be established following inspection.
3. If the rain gardens exhibit standing water 48 hours following a 0.5" rain event, the
Developer or its successors or assigns shall remove all engineered soils down to native
soils, replace, and reseed.
C-C-1
453946v5 RHB ME230-596
EXHIBIT D
TO DEVELOPMENT AGREEMENT
Development Improvement Cost Estimate
MEDINA TOWNHOMES, DOMIIIIUM. MEDINA
12;9i2„'4
LOC CALCULATION
CIVIL SITE GROUPANSB
ITEM
ESTIM.
ACCEPTED
ENGINEER'S
ENGINEER'S
INCLUDED
NO,
DESCRIPTION
UNIT
QTY.
CITY.
UNIT PRICE
TOTAL
IN ORIGINAL LOC
SANITARY SEWER
Al
8' PVC SDR35 SAN. SEWER (w1 bedding)
LF
748
$25.00
S18,700.00
$0.00
A2
4' PVC SDR-26 SERV. (incl. trrye & risers)
EA
27
5950.00
S25,650.00
$0.00
(incl. service protection)
A3
MANHOLE (incl. adjustments)
EA
8
53,300.00
526,400.00
50.00
A4
CONSTRUCT MANHOLE OVER EXISTING SANITARY
LS
1
$1,500.00
51,500.00
51,560.00
AS
REMOVE EXISTING SANITARY SERV.
LS
1
$2,000.00
52,000.00
$2,000.00
A6
CONSTRUCT INSIDE DROP
LS
1
$1,500.00
51,500_00
$1,500_00
TOTAL SANITARY SEWER
$75,750.00
$5,000.00
WATERMAIN
B1
8' PVC WATERMAIN (Ind_ finings)
LF
692
$25_00
517,300.00
517,300_00
B2
6' PVC WATERMAIN (intl. fittings)
LF
34
$22.00
5748.00
5748.00
B3
1' WATER SERVICE (incl. carp and stop)
LS
27
51.500.00
340,560.00
S40,500.00
(inci. service protection)
$0.00
B4
HYDRANT W! 6" GATE VALVE 8 BOX
EA
5
$5,200.00
S26,000.00
S26,000.00
BS
8' GATE VALVE 8 BOX (mrl. adjustments)
EA
3
51,900.00
55,700.00
$5,700 00
B6
8'X8" CONNECTION TO EX WATER MAIN
EA
2
$2,500.00
S5,000.00
$5,000.00
TOTAL WATERMAIN
595,248.00
S95,248.00
,
STORM SEWER
C1
15""RCP
LF
142
$40.40
55,680-00
55,680_00
C2
12" RCP
LF
522
538.00
519,836.00
519,83600
C3
CB (27" dia) (incl. castings 8 adjustments)
EA
2
Si,500.00
$3,000.00
$3,000.00
C4
CB MH (4' dia.) (incl. castings & adjustments),
EA
6
$1,900.00
311,400.00
511,400.00
C5
CB MH (24"X36") (incl. castings 8 adjustments)
EA
4
$1,750.00
57,000.00
S7,000.00
C6
15" RCP FLARED END (incl_ nprap, trash guard)
EA
2
570000
51 400_00
$1,40000
C7
6' PERF DRAIN TILE (STREET SECTION) (ind rock bedding)
LF
240
$10.00
52.400.00
$2,400 00
C8
8" PERF DRAIN TILE (RAIN GARDENS) {ncl rock bedding)
LF
342
$15.00
S5.130-00
S5,130.00
C9
"RAIN GUARDIAN' STRUCTURES
EA
3
53,500,00
S10,500-00
510,500_00
TOTAL STORM SEWER
566,346.00
$66,346.00
STREETS
D1
SUBGRADE PREP_ (to 12" back of curb; plan quantity)
SY
2,738
$0.50
51,36900
51,36900
D2
1.5- SPW EB2408 WEAR COURSE
SY
2,098
$6.00
512,568.00
$0.00
(next year, incl. tack coat, plan quantity)
D3
2.0" SPNWB203B BASE COURSE (plan quantity)
SY
2,098
S8.00
516,784.00
516,784.00
D4
10 0" CL 5 BASE 100% CRUSHED LIMESTONE QUARRY OR
SY
278
$12.00
53,336.00
$3 33600
RECYCLED EQUAL (MnDOT 3138) (to 12" back of curb)
D5
24" SAND SUBBASE (to 3' back of curb) or required)
CY
201E
$9.00
518,135.00
518,135.00
D6
SUBGRADE WOVEN GEOTEXTILE FABRIC
SY
2,738
$5.00
513"690_00
513,690_00
D7
CONC. CURB 8 GUTTER ('B612)
LF
420
512.00
55,040.00
55,04000
D8
CONC. CURB 8 GUTTER (SURMOUNTABLE)
LF
1,232
$11.00
313,552.00
313,552.00
D9
CONC. VALLEY GUTTER
LF
57
520.00
51,140.00
$1,140.00
D10
CITY DRIVEWAY APRON
EA
2
$7,500.00
515,000.00
515,000_00
DI
CONC. CURB REPLACEMENT (PUBLIC STREET)
LF
60
S50.00
53,000.00
$3,000.00
D72
CONCRETE SIDEWALtS WI SAND BASE
5Y
750
S40.00
_
530,Q6000
_. _.
530,000.00
013
136RIMINOUS PATH PATCH
SY
675
510.00
56.750-00
$6,750.00
D13
TRENCH DRAIN GRATE
EA
2
$2,000.00
S4,1300.00
54,000.00
TOTAL STREETS
$144,364.00
513t,796.00
SITE GRADING
E1
DEMOLITION OF EX_ DRIVEWAY APRON
LS
1
55,00000
55,000.00
$5,000 00
D-1
453946v5 RHB ME230-596
E2
SITE GRADING, COMMON EXCAVATION, CORRECTION
LS
10.000
$3-00
530,000-00
530.000-00
E3
SOIL EXPORT (haul oft site) (fill soils)
CY
9,000
$8.00
572,000.00
572.,000.00
E4
SOIL CORRECTION BUILDING PAD AREAS. EXCAVATE A RECOMPACT
LS
1
570,002.00
570,000.00
570,000.00
E5
TREE PROTECTION FENCES
LF
160
52.00
5320.00
5320.00
E6
TREE CLEAR AND GRUB (plan quantity)
EA
0
$500.00
50.00
$0.00
E7
TREE TRANSPLANT (plan quantity)
EA
2
51,000.00
$2,000,00
52.,000.00
Ea
FILTRATION BASIN SOIL AREA (excavate to draimile depth,
CY
455
$100.00
545,500.00
545,500.00
replace top 1.5' with be 70% sand, 30%organic leaf compost for
planting) (incl. turf restoration)
TOTAL GRADING
$224,820.06
$224,820.00
EROSION CONTROL
F1
TEMP SEED AND MULCH
AC
3.5
$50.00
$175.00
5175.00
F2
EROSION BLANKET CAT 3 (if regd.) lin landscape bid)
SY
5,357
$5.00
526?85.00
526,785.00
F3
SILT FENCE (incl. maint.:. removal by builder)
LF
2,550
$200
$5.100.00
$5,100.00
F4
ROCK CONSTRUCTION ENTRANCE
EA
2
51,1300.00
52,000.00
52,000.00
F5
INLET PROTECTION
EA
16
$50000
5 ,000.09
58000.00
TOTAL EROSION CONTROL
$42,060.00
542,060.00
LANDSCAPE (FROM BID 12.444 KAHNKE BROS)
G 1
PRINCETON ELM 2_5"
EA
6
G2
MAJESTY SUGAR MAPLE 2.5'
EA
9
G3 1
W HITE PINE 6'
EA
6
G4
WHITE PINE 3'
EA
3
G5
NORWAY SPRUCE 6'
EA
15
G6 I
AUTUMN BRILLIANCE SERVICEBERRY 1-5"
EA
3
G7
HARVEST GOLD CRAB 1.5'
EA
8
G6
DAKOTA PINNACLE BIRCH 1.5'
EA
4
G9
SWAMP WHITE OAK 2.5'
EA
5
G 10
MISS KIM LILAC 24'
EA
34
G11
SEM SORBARIA 24°
EA
7
G 12
MANEY JUNIPER 24'
EA
15
G13
FABRIC
SF
3,793
G14
SHREDDED HARDWOOD MULCH
SF
1,140
G 15
RIVER ROCK MULCT[
SF
2,308
G16
MESIC PRAIRIE SEEDING
SY
3,605
G17
'STEEL EDGER
LF
1,223
G18
TREE MULCHING
SY
885
G19
SODDING
SY
5.357
G20
EROSION CONTROL BLANKET
SY
3.966
SUBTOTAL LUMP SUM PER BID
S60,406.00
SO.00
IRRIGATION, 2' LOOPED MAIN, 15 ZONES, 398 HEADS
L5
1
$25, 158.00
525,158 00
$0.00
RECORD PLANS
LS
1
$6,000.00
56,000.00
50.00
MODULAR BLOCK RETAINING WALL 754 SF FACE
LS
1
$17,590.00
517,590 00
50 00
TOTAL LANDSCAPE
$109,154.00
$0.00
TOTAL ESTIMATED CONSTRUCTION COST
5757,762.00
5565,270.00
PLUS 60%
$282,635.00
TOTAL LOC REQUIRED
5847,905.00
Nate: Calculations for the initial letter of credit are based on
maximum exposure and does not include costs for record plans, landscaping,
tree replacement, irrigation, or bituminous wear course paving. The completion
of all improvements identified in the Plans and described in the Development
Agreement is guaranteed by the letter of credit even if the estimated cost of a
specific element of the improvements was not included in the calculation
of the initial letter of credit amount.
D-2
453946v5 RHB ME230-596
EXHIBIT E TO
DEVELOPMENT AGREEMENT
FORM OF UPLAND BUFFER EASEMENT AGREEMENT
THIS UPLAND BUFFER EASEMENT AGREEMENT (the "Agreement") is made this
day of , 2015, by and between the city of Medina, a Minnesota municipal
corporation (the "City"), and Medina Leased Housing Associates I, Limited Partnership, a
Minnesota limited partnership (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").
B. Grantor and the City have entered into a separate development agreement (the
"Development Agreement") regarding the subdivision and development of the Property.
C. The City has granted approval of a Stage I Plan, Stage II Plan and Stage III Plan under
the mixed use zoning district and the plat of Medina Clydesdale Townhomes concerning
the Property (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 "Easement Area").
D. In accordance with the Development Agreement, the City Approvals and the City's
wetland preservation ordinance, the City has requested that Grantor grant to the City a
conservation easement (the "Upland Buffer Easement") over the Easement Area.
E. The Easement Area is legally described in Exhibit B and depicted in Exhibit C, both
attached hereto.
F. Grantor is willing to grant the Upland Buffer Easement in accordance with the 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 Upland
Buffer 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.
453946v5 RHB ME230-596
E-1
2. The following terms and conditions shall apply to the Easement Area:
a. The Easement Area shall be preserved predominantly in its natural condition,
except to the extent set forth below. 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 not to exceed four feet in width to allow reasonable access to the
wetland.
c. 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 wetland preservation ordinance. A path no more than four feet
in width may be mowed to allow reasonable access to the wetland unless the
boardwalk authorized above is constructed.
d. 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 within the time period required in the order for corrective action
or 30 days, whichever is longer, 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
453946v5 RHB ME230-596
E-2
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 shall have the right to
specially 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 prior 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 hereby grants and conveys to the City a perpetual flowage easement and right
and privilege to trespass with water over and upon any or all of the Easement Area.
6. Grantor 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
except to the extent caused by intentional or grossly negligent acts of the City, its
employees, agents and representatives.
7. Grantor 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 or resulting from or due to Grantor's intentional misrepresentation of any
material fact contained therein.
8. This Agreement may be amended only by mutual written agreement of the parties.
9. Nothing herein shall give the general public a right of access to the Property.
10. Grantor's obligations under this Agreement run with the Property and shall be binding on
the Developer's successors and assigns. Grantor's 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.
11. Any notice required in this Agreement shall be delivered personally or sent by U.S.
certified mail, return receipt requested:
453946v5 RHB ME230-596
E-3
a) as to Developer: Medina Leased Housing Associates I,
Limited Partnership
2905 Northwest Boulevard, Suite 150
Plymouth, MN 55441
Attention: Jeffrey R. Huggett
with a copy to: Winthrop & Weinstine, P.A.
225 South Sixth Street, Suite 3500
Minneapolis, MN 55402
Attention: Jon L. Peterson
b) as to City: City of Medina
2052 County Road 24
Medina, MN 55340
ATTN: City Administrator
with a copy to: Ronald H. Batty
Kennedy & Graven
470 U.S. Bank Plaza
200 South Sixth 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.
************************
453946v5 RHB ME230-596
E-4
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.
MEDINA LEASED HOUSING ASSOCIATES I,
LIMITED PARTNERSHIP
By: Medina Leased Housing Associates I, LLC
Its: General Partner
By:
Name: Jeffrey R. Huggett
Its: Vice President
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me this day of , 2015, by
Jeffrey R. Huggett, the vice president of Medina Leased Housing Associates I, LLC, a Minnesota
limited liability company, which is the general partner of Medina Leased Housing Associates I,
Limited Partnership, a Minnesota limited partnership, on behalf of the limited partnership.
Notary Public
453946v5 RHB ME230-596
E-5
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
SS.
CITY OF MEDINA
By:
By:
Bob Mitchell, Mayor
Scott T. Johnson, City Administrator -Clerk
The foregoing instrument was acknowledged before me this day of
2015, by Bob Mitchell and Scott T. Johnson, the mayor and city administrator -clerk,
respectively, of the city of Medina, a Minnesota municipal corporation, on behalf of the
municipal corporation.
This instrument drafted by:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
Notary Public
453946v5 RHB ME230-596
E-6
EXHIBIT A TO
UPLAND BUFFER EASEMENT AGREEMENT
Legal Description
The Property to which this Upland Buffer Easement Agreement applies is legally described
as follows:
Outlot D, Medina Clydesdale Marketplace, Hennepin County, Minnesota
453946v5 RHB ME230-596
E-A-1
EXHIBIT B TO
UPLAND BUFFER EASEMENT AGREEMENT
Legal Description of Upland Buffer Easement
[to be completed]
E-B-1
453946v5 RHB ME230-596
EXHIBIT C TO
UPLAND BUFFER EASEMENT AGREEMENT
A.Depiction of Upland Buffer Easement
[to be completed]
E-C-1
453946v5 RHB ME230-596
Agenda Item # 7A
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2015-
RECOGNIZING CEC VIEAU FOR TWENTY-FIVE YEARS
OF SERVICE TO THE CITY OF MEDINA
WHEREAS, Cec Vieau has been a valued full time City of Medina employee in the Police
Department of the City since January 8, 1990; and
WHEREAS, Cec has served as an administrative assistant for 25 years; and
WHEREAS, Cec serves as the department Terminal Agency Coordinator (TAC); and
WHEREAS, Cec manages the CJIS systems for the Police Department; and
WHEREAS, Cec has learned three different record management systems and numerous
database and search systems used in the criminal justice field; and
WHEREAS, Cec has assisted with two major remodels of the Police Demi ment in 1997,
2006 and assisted with the planning and the moving of the police department to the new facility in
2013 and;
and
WHEREAS, Cec has worked for two Chiefs, eight Mayors and two City Administrators;
WHEREAS, Cec has assisted with 30 hiring processes; and
WHEREAS, Cec has processed over 2,300 DWIs; and
WHEREAS, Cec has entered over 64,000 traffic contacts and processed over 210,000
incident reports; and
WHEREAS, Cec had been, and still is, a dedicated, reliable hard working police employee
with the highest work ethic throughout her career: and
WHEREAS, the City of Medina expresses sincere gratitude for Cec's dedication,
professionalism and continued service to the Medina community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Medina
acknowledges and thanks Cec Vieau for twenty-five years of service to the community.
Dated: January 20, 2015.
Bob Mitchell, Mayor
Resolution No. 2015-
January 20, 2015
Attest:
Scott T. Johnson, City Administrator - 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. 2015- 2
January 20, 2015
Agenda Item # 8A
Member
introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2015-##
RESOLUTION APPROVING A COMPREHENSIVE PLAN
AMENDMENT REGARDING THE STAGING AND GROWTH PLAN
AND THE PACE OF DEVELOPMENT
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, substantial residential development has occurred in the City within the past
three years and in neighboring jurisdictions which has raised concerns related to the capacity of
regional infrastructure and services to support such growth; and
WHEREAS, the Metropolitan Council has released updated household and employment
forecasts which project a reduction in the pace of growth in the City in upcoming years; and
WHEREAS, as a result of the factors noted above, the City Council directed staff to
study the pace of development and various aspects of the City's Comprehensive Plan related to
Staging and Growth; and
WHEREAS, a study was prepared which included substantial amounts of feedback
received from residents and from attendees at open houses; and
WHEREAS, the study informed a potential amendment to the Comprehensive Plan; and
WHEREAS, the planning commission held public hearings on September 9, 2014,
October 14, 2014, and November 12, 2014 where testimony was heard from all interested parties
and the commission further reviewed the amendment on December 9, 2014 and following these
hearings recommended approval of an amendment to the Comprehensive Plan; and
WHEREAS, on October 21, 2014 and January 6, 2015, the city council reviewed the
amendment, considered the recommendations of the planning commission, reviewed materials
prepared by staff, and heard comments from interested parties.
NOW, THEREFORE, BE IT RESOLVED, by the city council of the City of Medina,
Minnesota, that the Comprehensive Plan amendment as identified in Exhibit A, attached hereto,
is hereby preliminarily approved, but shall not take effect until and unless the City Council
formally adopts the amendment after:
1) considering comments from affected jurisdictions; and
2) review and approval by the Metropolitan Council.
Resolution No. 2015-##
January 20, 2015
BE IT FURTHER RESOLVED, that city staff is directed to submit the amendment of
the Comprehensive Plan to appropriate jurisdictions for review and, if no substantive comments
are received, to the Metropolitan Council for review.
Dated: January 20, 2015.
Bob Mitchell, Mayor
ATTEST:
Scott T. Johnson, City Administrator -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. 2015-## 2
January 20, 2015
Exhibit A
Proposed Comprehensive Plan Amendment
Proposed Amendment to Chapter 3 — Community Background (pages 3-2 through 3-3)
Population and Household Trends
Table 3-A below shows historical and projected population and household size data for the City of Medina.
The 1990, and 2000, and 2010 population and household data is from the U.S. Census. The 2005
population and household estimates and the 2010 2030 2040 population and household projections are from
the Metropolitan Council's 2030 Regional Development FrameworkThriveMSP2040 documents. The
in 2005. According to the Metropolitan Council, the average household size is expected to continue to
decline regionally over the next 20 years due to an increase in the number of seniors and lifestyle changes.
TABLE 3-A
Metropolitan Council Forecasts
Growth and
Forecast
Population
Households
Employment
1990*
3,096
1,007
2,155
2000*
4,005
1,309
2,928
2005**
1,770
1,616
3,910
2010***
5,800 4,892
2,100 1,702
5,500 3,254
2020***
9400
3,210
6T700
2030***
1,150
7,900
-1-27.00
2040***
9,000
3,500
4,580
Source: U.S. Census
Metropolitan
Metropolitan
Bureau 000*
Council Estimates**
Council Projections***
The City experienced relatively constant growth up to the 1990s before rapidly increasing in the last 5 to
4015 years. This population trend will continue to increase as areas within the City guided for urban
residential densities are developed. The City had a population of 4,892 at the time of the 2010 Census and
Tthe Metropolitan Council forecasts a population of 5,800 in 2010, 9,200 in 2020 and 12,7009,000 in 2030
2040 which corresponds to an 30 84 percent increase over each 10 year period. Current development
patterns suggest that the City may fall short of these projections due to the 2007 housing slump.
Table 3-B below was developed based on the Guide Plan and Staging Plan developed as a part of this Plan.
This table demonstrates the City's projections for future growth in the community The City plans to grow
and has anticipated a population of approximately 11,2119,000 in 2-0302040. Although this population
forecast is lower than that of the Metropolitan Council, the forecast is based on a lower person per
household estimate then utilized by the Metropolitan Council. If the City utilized the same person per
household estimate as the Metropolitan Council, the forecast would be 98 percent of the Metropolitan
Council forecast. The City has also projected much lower growth in the number of unsewered households
than projected by the Metropolitan Council. This lower forecast is based on historical trends and an analysis
of remaining undivided property. In terms of sewered households, the City forecast slightly exceeds
Metropolitan Council forecasts,
Resolution No. 2015-## 3
January 20, 2015
TABLE 3-B
Medina Pouulation and Households Forecast based on Future Land Use
1990
2000*
2005**
2010
2020
2030
2040
Change
20002010-
20302040
Total
Population
Sewered
3096
2158
2745
3066 2838
6958 4922
8993
6801
7006
317 147%
Unsewered
1848
2025
2145 2053
2146 2024
2218
1976
1994
20% -3%
Total
Households
Sewered
1007
705
927
1050 987
2530 1856
3597
2547
2725
410%176%
Unsewered
604
685
715
740
765
775
27% 8%
*2000 Sewered and Unsewered numbers are estimates based on US Census Data, exact sewer units is unknown.
**2005 population and households from 2000 US Census, employment from Minnesota Department of Employment and Economic
Development (DEED) estimates.
Source: 2000 US Census and City of Medina Data collected and processed in 2007.
Source: 2000 US Census and City of Medina Data collected and processed in 2007.
Proposed Amendment to Chapter 5 — Land Use and Growth (pages 5-19 through 5-20)
Staging Plan
Resolution No. 2015-##
January 20, 2015
4
The staging plan is tied to infrastructure plans, including water, wastewater and transportation, to ensure
that services are provided to new residents and businesses in an efficient and cost-effective manner.
The staging plan, Map 5-3, utilizes flexible staging boundaries to direct where and when development
should proceed within the City and is built on the following principles:
• Compact growth will occur along the TH 55 corridor to ensure the preservation of the rural heart
of the City.
• Growth will proceed in an east -west pattern to develop efficiently the City's infrastructure,
including sewer and water.
• The City shall promote contiguous growth within the urban service areas to provide efficient and
cost-effective services to residents.
• Growth should encompass a balance of land uses to provide residential and business areas for
development throughout the planning period.
• The staging plan identifies staged increments of 5-year periods and provides some flexibility
between adjacent staging periods. Development Flexibility shall be limited to a maximum of two
years prior to one staging increment beyond the existing staging period for residential/mixed use
and five years prior to the existing staging period for commercial/business/industrial uses. The
flexibility, and will be tied to an incentive based points system (see Chapter 7; Growth Strategy,
Page 7 — 4).
These principles are developed based on known development constraints related to existing water and
sewer infrastructure. When development is proposed, the City will review the staging plan for
consistency with the water and sewer plans attached as appendices to this document. The following are
some of the constraints to be considered when guiding development:
• There is presently capacity for approximately 160 additional water units through 2009, which
needs to include a variety of growth options over the short-term planning timeline. The
construction of additional wells and water storage facility will increase the availability of water
units.
• The City's sewer infrastructure has capacity for approximately 2,000 additional units that is
expected to be adequate through at least 2015.
• The City plans on developing the water system to match the Guide Plan which stages growth
through 2030 and may include the development of a well field in the western area of the urban
service boundary that may allow growth near Loretto.
• Sewer improvements will be required to meet 2030 projection population growth.
The following table describes the land use allocation by 5-year staging increments and is a guide for the
City when developing infrastructure and future planning efforts.
Table 5-F
Land Use in 5-Year Increments
Land Use Designation
1 Residential Uses
Allowed
Density Ranges
Min
Max
Existin I
2010 2015 1 2020 1 2025 I 2030 I %Change
g 2008 2010-2030
(acres)
Resolution No. 2015-## 5
January 20, 2015
(acres
(acres
)
(acres
)
(acres
)
(acres
i
- Rural Residential 2.5 acres or
less
212
212
212
212
212 0%
- Rural Residential 2.5 -10 acres
1U/10
A
TBD1
2197
2207
2217
2227
2237
1.8%
- Rural Residential 10-40 acres
1U/40
A
1U/10
A
3591
3661
3691
3721
3751
4.5%
- Rural Residential 40+ acres
1U/40
A
1835
1755
1715
1675
1635
-10.9%
- Agricultural 40+ acres
1U/40
A
251
251
251
251
251
0%
Subtotal Unsewered
Low Density Residential (LDR)
8086
2
3.49
346
8086
8086
600
713
637
Medium Density Residential
(MDR)
3.5
6.9
181
326
454-
358
8086
911
711
451
8086
944
905
8086
0%
944
57%
451
451
38%
High Density Residential
(HDR)
7
30
17
21
21
21
21
123
486%
Mixed Use (MU)2
Mixed Use — Business (MU-B)/
3.5
7
6.9
45
0
5
80
59
166
59
166
59
239
166
59
338
59
323%
0%
Future Developing Areas
1U/10
A
2501
1954
1372
982
771
444
_77%
Commercial Uses
Commercial (C)
General Business (GB)
Industrial (IB)
246
256
349
380
380
427
67%
92
92
214
375
480
558
507%
25
25
68
68
68
68
172%
Institutional Uses
Public Semi -Public (PSP)
Parks and Recreation
Parks and Recreation —
Regional/State
Private Recreation (PREC)
Open Space (OS)
Closed Sanitary Landfill (SL)
271
271
271
271
271
271
0%
93
93
93
93
93
93
0%
2519
2519
2519
2519
2519
2519
0%
358
358
358
358
358
358
0%
208
208
208
208
208
208
0%
192
192
192
192
192
192
0%
Right -of -Ways
!IF 912
Lakes 1,283
Wetlands and Floodplains 5,335
Total Cit 17,335
To be determined later for cluster/open-space developments. Density in excess of one unit per ten acres will not be allowed within
Metropolitan Council's long term sewer service area.
2 This land use require a minimum 50% of the developable property includes a residential component within the density range
3 The Mixed Use -Business (MU-B) land use requires residential units equivalent to the minimum density over the entire developable area. The
MU-B "Existing 2008" acreage is based on the approximate area which has been developed consistent with the Objectives of the MU-B land
use.
The staging plan supports the timing and planning for future improvements and recognizes the existing
limitations of water and sewer systems in 2007.
Proposed Amendment to Map 5-3: Staging and Growth
Resolution No. 2015-## 6
January 20, 2015
Map 5-3 MEDINA
Staging and Growth
Urban Services Phasing Plan
Developed MO
_m 2001-2010
201 t-2015
20162020
Y/✓/rI "2016-2020
I= 2021-2025
"2021-2025
20262030
-—20262030
Pint 2030
[ 1
_4I Met Council LTSSA
—Note Crosshatched areas are proposed
to be amended from an earlier staging
penod to the period indicated.
There are several critical infrastructure
milestones that nett control growth including:
-The existing water infrastructure has
capacdy of apMoximulely 150 ends
available un1i12909.
- The sewer constraints shall lane
developrrent to 2,000 units without
improvements.
Generally, the phasing plan demonstrates that
development shall proceed In art east to west
paten hs Pus! ea Os fine Iha hl av N..
ac we a. esanr for dvvIlonivere
of !@ the,n,,L+WO phase: to allow forproper
Inhaseunure panning and development.
The Grey area reflects the area identified by
the Cary to be developed Post 2030_
The Met COUCCit has identified the LTSSA
for potential future access to urban services.
No services are panned dumhg the bmehane
cevered by this Plan.
Proposed Amendment November 20fa
Seale_ 1:30000
Map Date_ December 24, 2014
Resolution No. 2015-## 7
January 20, 2015
Agenda Item # 9A
MEMORANDUM
TO: City Council, through City Administrator Scott Johnson
FROM: Tom Kellogg, City Engineer
DATE: January 14, 2015
MEETING: January 20, 2015
SUBJECT: Tower Drive Plan Approval
Background:
On July 1, 2014 the City Council adopted Resolution No. 2014-41 ordering the Tower Drive
Improvement Project and authorizing the preparation of plans and specifications for the Project.
Staff and WSB have worked together to complete the plans and specifications. The next step in
the process is to formally approve the plans and specifications and authorize advertising to bid
the project. At this point the bid date will likely be sometime in March, 2015 but is dependent on
working through some environmental issues on the Raskob property where the pond will be
constructed. We are currently working with the Minnesota Pollution Control Agency (MPCA) to
get the approvals necessary to construct the pond.
In the interest of conserving paper we have included the plan cover sheet and general layout with
this memo. A full set of plans is available at City Hall for your review. We have also included an
updated cost estimate for your information.
City Council Action Requested:
Adopt the Resolution approving the plans and specifications for the Tower Drive Improvement
Project and authorization to advertise for bids. The blanks in the Resolution for the dates of the
bid opening and council consideration of the bids will be filled in once those dates are
confirmed.
PROJECT COST SUMMARY - JANUARY
TOWER DRIVE HAMEL ROAD IMPROVEMENTS
PROPOSED SURFACE IMPROVEMENTS
DESCRIPTION
ESTIMATED COST
TOTAL SCHEDULE A. SURFACE IMPROVEMENTS - TOWER DRIVE
$502,000
TOTAL SCHEDULE B. SURFACE IMPROVEMENTS - HAMEL ROAD WEST
$352,000
TOTAL SCHEDULE C. SURFACE IMPROVEMENTS - HAMEL ROAD EAST
$297,000
TOTAL SCHEDULE N. TRAIL IMPROVEMENTS - HAMEL ROAD
$91,000
TOTAL SCHEDULE D. SURFACE IMPROVEMENTS - KILKENNY LANE
$32,000
TOTAL
PROPOSED UTILITY IMPROVEMENTS
DESCRIPTION
ESTIMATED COST
TOTAL SCHEDULE E. SANITARY SEWER IMPROVEMENTS - TOWER DRIVE
$101,000
TOTAL SCHEDULE F. SANITARY SEWER IMPROVEMENTS - HAMEL ROAD
$52,000
TOTAL SCHEDULE G. WATERMAIN IMPROVEMENTS - TOWER DRIVE
$208,000
TOTAL SCHEDULE H. WATERMAIN IMPROVEMENTS - HAMEL ROAD
$172,000
TOTAL SCHEDULE I. SANITARY SEWER AND WATER SERVIECS - TOWER DRIVE
$79,000
TOTAL SCHEDULE J. WATER SERVICES - HAMEL ROAD
$62,000
TOTAL
PROPOSED STORM SEWER IMPROVEMENTS
DESCRIPTION
ESTIMATED COST
TOTAL SCHEDULE K. STORM SEWER IMPROVEMENTS - TOWER DRIVE
$137,000
TOTAL SCHEDULE L. STORM SEWER IMPROVEMENTS - HAMEL ROAD WEST
$71,000
TOTAL SCHEDULE M. STORM SEWER IMPROVEMENTS - HAMEL ROAD EAST
$84,000
TOTAL POND IMPROVEMENTS (RASKOB / NEWVESCO SITES)
$401,000
TOTAL
SUMMARY
DESCRIPTION
ESTIMATED COST
TOTAL SURFACE IMPROVEMENTS
$1,274,000
TOTAL UTILITY IMPROVEMENTS
$674,000
TOTAL STORM WATER MANAGEMENT IMPROVEMENTS
$693,000
TOTAL
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.
RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT
FOR BIDS FOR PUBLIC IMPROVEMENTS ASSOCIATED
WITH THE TOWER DRIVE IMPROVEMENT PROJECT
WHEREAS, pursuant to previous actions by the city council, WSB and Associates, has
caused to be prepared plans and specifications for the public improvements associated with the
Tower Drive Improvement Project; and
WHEREAS, such plans and specifications have been presented to the city council for
approval.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota, as follows:
1. The plans and specifications, a copy of which is attached hereto and made a part
hereof, are hereby adopted.
2. The city administrator -clerk shall prepare and cause to be inserted in the city's
official newspaper and a trade publication advertisement for bids upon the making of such
improvement under the approved plans and specifications. The advertisement shall be published
once at least three weeks prior to the last day of taking of bids, shall specify the work to be done,
shall state that bids will be received by the administrator -clerk until m. on ,
2015, at which time they will be publicly opened in the council chambers at city hall by the
administrator -clerk and consulting engineer, will then be tabulated and will be considered by the
city council at 7:00 p.m. on , 2015, in the council chambers at city hall. Any bidder
whose responsibility is questioned during consideration of the bid will be given an opportunity to
address the council on the issue of responsibility. No bids will be considered unless sealed and filed
with the administrator -clerk and accompanied by a bid bond payable to the city for five percent of
the amount of such bid.
Dated: January 20, 2015.
Bob Mitchell, Mayor
ATTEST:
Scott Johnson, Administrator -Clerk
Resolution No. 2015-
January 20, 2015
The motion for the adoption of the foregoing resolutions 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. 2015- 2
January 20, 2015
PLAN SYMBOLS
STATE LINE
COUNTY LINE
TOWNSHIP OR RANGE LINE
SECTION LINE
QUARTER LINE
SIXTEENTH LINE
RIGHT-OF-WAY LINE
SLOPE EASEMENT
PRESENT RIGHT-OF-WAY
CONTROL OF ACCESS LINE
PROPERTY DNES (EXCEPT LAND LINES)
VACATED PLATTED PROPERTY
CORPORATE OR CITY LIMITS
TRUNK HIGHWAY CENTER LINE
RETAINING WALL
RAILROAD
RAILROAD RIGHT-OF-WAY
RIVER OR CREEK
DRY RUN
DRAINAGE DITCH
DRAIN TILE
CULVERT
DROP INLET
GUARD RAIL
BARBED WIRE FENCE
WOVEN WIRE FENCE
CHAIN LINK FENCE
RAILROAD SNOW FENCE
STONE WALL OR FENCE
HEDGE
RAILROAD CROSSING SIGN
RAILROAD CROSSING BELL
ELECTRIC WARNING SIGN
CROSSING GATE
MEANDER CORNER
SPRINGS
MARSH
TIMBER
ORCHARD
BRUSH
NURSERY
CATCH BASIN
FIRE HYDRANT
CATTLE GUARD
OVERPASS (HIGHWAY OVER)
UNDERPASS (HIGHWAY UNDER)
BRIDGE
BUILDING (ONE STORY FRAME)
F - FRAME C - CONCRETE
S - STONE T - TILE
B - BRICK ST- STUCCO
IRON ROD OR PIPE
MONUMENT (STONE, CONCRETE, OR METAL)
WOODEN HUB
GRAVEL PIT
SAND PIT
BORROW PIT
ROCK QUARRY
SE
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NAME d
SIZE b
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M
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•
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CD
ao
co
UTILITY SYMBOLS
POWER POLE LINE
TELEPHONE OR TELEGRAPH POLE LINE
JOINT TELEPHONE AND POWER
ON POWER POLE
ON TELEPHONE POLES
ANCHOR
STREET LIGHT
PEDESTAL (TELEPHONE CABLE TERMINAL)
GAS MAIN
WATER MAIN
CONDUIT
TELEPHONE CABLE IN CONDUIT
ELECTRIC CABLE IN CONDUIT
TELEPHONE MANHOLE
ELECTRIC MANHOLE
BURIED TELEPHONE CABLE
BURIED ELECTRIC CABLE
AERIAL TELEPHONE CABLE
FIBER OPTICS
SEWER (SANITARY OR STORM)
SEWER MANHOLE
SCALES
C
•
4
•
O
PED.
G-
i
f T
f P
ET1
EP1
— T-BUR-
- P-BUR-
- 8-T-AE
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> >
-> a >
INDEX MAP ®®
O 500 1000
PLAN
O 30 60
PROFILE HORIZ ®®
O 30 60
VERT
O 5 10
MINNESOTA DEPARTMENT OF TRANSPORTATION
STREET AND UTILITY CONSTRUCTION PROJECT
FOR THE
CITY OF MEDINA
CONSTRUCTION PLAN FOR STREET, STORM SEWER, BITUMINOUS TRAIL AND APPURTENANT WORK
LOCATED ON
TOWER DRIVE, KILKENNY LANE AND HAMEL ROAD
S. A. P. 250-101-001 LOCATED ON HAMEL ROAD FROM PINTO DR TO 640' EAST OF TOWER DR,
PROJE
BEGIN
S.A.P.250-101-001
STA.-0+41.5
HAMEL ROAD
END
S.A.P.250-101-001
STA.13+25
HAMEL ROAD
THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE DRAWINGS CONCERNING TYPE
AND LOCATION OF PRIVATE UTILITIES HAS BEEN DESIGNATED UTILITY QUALITY LEVEL D.
THESE QUALITY LEVELS WERE DETERMINED ACCORDING TO THE GUIDELINES OF Cl/ASCE
38-02, ENTITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF
EXISTING SUBSURFACE DATA".
THE CONTRACTOR IS TO DETERMINE THE TYPE AND LOCATION OF PRIVATE UTILITIES AS
MAY BE DEEMED NECESSARY TO AVOID DAMAGE THERETO.
GROSS LENGTH
BRIDGE —LENGTH
EXCEPTIONS —LENGTH
NET —LENGTH
DESIGN DESIGNATION
HAMEL ROAD
R VALUE = 30
ADT (Current Year) 2015 = 2144
ADT (Future Year) 2035 = 2380
D (DIRECTIONAL DISTR.) = 50%
HADT (Future Year) 2035 = N/A
ESALS 202,000
DESIGN SPEED 40 MPH
BASED ON STOPPING SIGHT DISTANCE
HEIGHT OF EYE 3.5 HEIGHT OF OBJECT 0.5
FUNCTIONAL CLASSIFICATION URBAN COLLECTOR
NO. OF TRAFFIC LANES 2
NO. OF PARKING LANES 1
SHOULDER WIDTH 2
TON DESIGN
9
PROJECT LOCATION
COUNTY: HENNEPIN
DISTRICT: METRO
DESIGN DESIGNATION (TRAIL)
HAMEL ROAD
DESIGN SPEED 20 MPH
BASED ON STOPPING SIGHT DISTANCE
HEIGHT OF EYE 45 HEIGHT OF OBJECT 00
1366.5
0
0
1366.5
FT
FT
FT
FT
0.259
0.259
MILES
O MILES
O MILES
MILES
EXCAVATION NOTICE SYSTEM
A CALL TO GOPHER STATE ONE (651-454-0002)
IS REQUIRED A MINIMUM OF 48 HOURS PRIOR TO
PERFORMING ANY EXCAVATION.
TICKET NO. 142902455, 142902511
GOVERNING SPECIFICATIONS
THE CITY OF MEDINA STANDARD DETAIL PLATES FOR STREET AND UTILITY
CONSTRUCTION.
WATER MAIN AND SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE CITY
ENGINEERS ASSOCIATION OF MINNESOTA STANDARD UTILITIES SPECIFICATIONS
(2013).
THE 2014 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION
"STANDARD SPECIFICATIONS FOR CONSTRUCTION" AND THE 2014 EDITION OF
THE "MATERIALS LAB SUPPLEMENTAL SPECIFICATIONS FOR CONSTRUCTION"
SHALL GOVERN.
ALL TRAFFIC CONTROL DEVICES AND SIGNING SHALL CONFORM TO THE MN
MUTCD INCLUDING THE FIELD MANUAL FOR TEMPORARY TRAFFIC CONTROL
ZONE LAYOUTS, ALL TRAFFIC CONTROL DEVICES SHALL HAVE RETROREFLECTIVE
SHEETING.
INDEX
SHEET NO. DESCRIPTION
1 TITLE SHEET
2 GENERAL LAYOUT
3 STAGING PLAN
4-7 DETOUR PLANS
8 ESTIMATED QUANTITIES
9 EARTHWORK TABULATION
10 STORM SEVER TABULATION
11 TYPICAL SECTIONS
12-22 DETAILS
23-26 REMOVAL PLAN
27-31 SANITARY SEVER AND WATER MAIN
32-39 STREET AND STORM SEVER
40-41 SIGNING AND STRIPING PLAN
42-44 SIGN DETAILS
45-48 SWPPP NARRATIVE
49-52 EROSION CCNTROL PLANS
53-58 CROSS SECTIONS
ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND ORDINANCES WILL
WITH IN THE CONSTRUCTION OF THIS PROJECT.
Aik
Y YV/../
2c associates, Inc.
701 Xenia Avenue South, Suite 300
Minneapolis, MN 55416
Tel: (763) 541-4800 • Fax: (763) 541-1700
wsbeng.com
engineering • planning environmental • construction
BE COMPLIED
APPROVED: CITY OF MEDINA ENGINEER
APPROVED: HENNEPIN COUNTY
METRO DISTRICT STATE AID ENGINEER: REVIEWED FOR
COMPLIANCE WITH STATE AID RULES/POLICY
APPROVED FOR STATE AID FUNDING: STATE AID ENGINEER
DATE
DATE
DATE
DATE
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT
SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE
LAWS OF THE STATE OF MINNESOTA.
ENGR.
JAMES L. STREMEL, PE
DATE DECEMBER 2, 2014 LIC. NO. 45782
S.A.P.250-101-001
TITLE SHEET SHEET NO. 1 OF 58 SHEETS
\02066-730\Cad\Plan\02065-73-GLdwg
TOWER DRIVE
BEGIN
STA.0+25
3672 PINTO DR.
3574 PINTO DR.
3535 KI
00 HAMEL ROAD
a BEGIN
S.A.P. 250-101
STA.0+17
3564 PINTO DR
791 HAMEL RD
741 HAMEL RD
721 HAMEL RD
705 HAMEL RD
625 HAMEL RD
STATE TRUNK
y,GNWAY
NO. 55
615 HAMEL RD
607 HAMEL RD
60
x
�Elm
LEGEND
0 FT
589 HAMEL RD
S.A.P. 250-101-001
120
581 HAMEL RD
X
REMOVAL PLAN
SANITARY SEWER AND WATER MAIN
STREET CONSTRUCTION / STORM SEWER PLANS
HAMEL ROAD
575 HAMEL RD
GENERAL LAYOUT
001
s
a
E
TOWER DR, KILKENNY LN AND HAMEL RD
UTILITY AND STREET IMPROVEMENTS
CITY PROJECT -
wT
s
MEDINA, MINNESOTA
SHEET 2 OF 58 SHEETS
Agenda Item # 9B
MEMORANDUM
TO: City Council, through City Administrator Scott Johnson
FROM: Tom Roushar and Tom Kellogg, WSB and Associates
DATE: January 14, 2015
MEETING: January 20, 2015
SUBJECT: Well #8 and Submersible Pump Specification Approval
Background:
On May 6, 2014 the City Council authorized the preparation of specifications for the Well #8
and Submersible Pump Project. Well #8 will be located along Brockton Lane within Outlot B of
the Enclave at Brockton 4th subdivision (see attached). The Developer of this subdivision has
deeded all of Outlot B to the City. Specifications for this project are now complete and the next
step in the process is to formally approve the specifications and authorize advertising to bid the
project. We would expect to open bids sometime in March, 2015. The estimated construction
cost is $180,000.
We have included a project location drawing and the Minnesota Department of Health approval
memo for your review. A full set of project specifications is available at City Hall.
City Council Action Requested:
Motion to approve the specifications for the Well #8 and Submersible Pump Improvement
Project and authorization to advertise for bids.
i./ o,\i
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' \ \ ( `\
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I\ \\
EXISTING UTILITIES SHOWN ARE SHOWN IN AN APPROXIMATE WAY ONLY.
THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ANY AND ALL
EXISTING UTILITIES BEFORE COMMENCING WORK. HE AGREES TO BE FULLY
RESPONSIBLE FOR ANY AND ALL DAMAGES ARISING OUT OF HIS FAILURE TO
EXACTLY LOCATE AND PRESERVE ANY AND ALL EXISTING UTILITIES.
NOTE:
CITY OF MEDINA OWNS
ENTIRETY OF OUTLOT B
EXPLORATION BORING
(UNIQUE NO. 272262)
WELL NO. 8
LOCATION
I
11
II
II
I II
II
1
\I
NORTH
50 25 0 25 50 100
SCALE IN FEET
WSB
III
701 Xenia Avenue South, Suite 300
Minneapolis, MN 55416
www.wsbeng.com
& Associates, Inc.
` 1763-641-4800 -Fax 763-541-1700
INFRASTRUCTURE ENGINEERING PLANNING CONSTRUCTION
MUNICIPAL WELL NO. 8
PROJECT LOCATION
MEDINA, MINNESOTA
WSB Project No. 02712-01
CITY Project No. 416
January 2015
DRAWING
PROJECT LOCATION
K:\02712-010\Cad\Plan\Well Design\Well 8 Design.dwg, 1/13/2015 2:20:34 PM
MINNESOTA DEPARTMENT OF HEALTH
Division of Environmental Health
REPORT ON PLANS
Plans and specifications on well: Municipal Production Well No. 8, Medina, Hennepin County, Plan No. 150208
OWNERSHIP: Medina City Council, c/o Mr. Steve Sherer, Medina City Hall, 2052 County Road 24, Hamel,
Minnesota 55340
SUBMITTER(S): WSB & Associates, Inc., c/o Mr. Tom Roushar, , 701 Xenia Avenue South, Suite 300,
Minneapolis, Minnesota 55416
Date Received: October 16, 2014
Date Reviewed: December 5, 2014
SCOPE: This report covers the design of this project insofar as the safety and sanitary quality of the water for
public consumption may be affected, and applies to this project only and not to the entire system or any other part
thereof. The examination of plans is based upon the supposition that the data on which the design is based are
correct, and that necessary legal authority has been obtained to construct the project. The responsibility for the
design of structural features and the efficiency of equipment must be taken by the project designer. Approval is
contingent upon satisfactory disposition of any requirements included with this report. It is the project owner's
responsibility to retain the plans at the project location.
Water supply plans are examined with regard to the location, construction and operational features of the design
and maintenance of all parts of the system which may affect the safety and sanitary quality of the water.
Examination is based on the standards of this department.
It is the contractor's responsibility to contact the Minnesota Department of Health (MDH) for inspections as
indicated in the report pertaining to inspections. If you have any questions regarding information contained in this
report, please contact me at 651/201-4683. Please direct all questions regarding plumbing inspections to the
Minnesota Department of Labor and Industry at 651/284-5067.
This project consists of the installation of a 12-inch steel cased well, approximately 190 feet deep, finished in
unconsolidated material. The proposed construction will consist of drilling an 18-inch nominal diameter borehole
to 190 feet deep, installing 132 feet of 12-inch diameter steel well casing and 55 feet of 12-inch stainless steel well
screen. The annular space around the casing will be grouted with neat cement, and the well will be developed. The
wellhead will be completed with a Baker Monitor pitless unit, a submersible pump with a 50 horsepower motor. It
is anticipated that the well will have a capacity of 500 gpm. The legal location of the well is the SE'/4 of the NE '/<
of the NE'/4 of Section 13, Tl 18N, R23W, Hennepin County.
Requirement(s):
Well
I. All well contracting activities, including well construction, pump installation, and well sealing, must be done
by or under the direct supervision of a person licensed by the MDH to perform those activities.
2. The well must be located according to the distances specified in Minnesota Rules, part 4725.4450, but in no
case less than 50 feet from a source of contamination, including buried sewers, except as specified in
Minnesota Rules, part 4725.5850, subpart 3. Isolation distances of up to 300 feet are required for some
contamination sources.
Municipal Production Well No. 8
Well
Plan No. 150208
Page 2
December 5, 2014
3. The owner of a community water supply well must own or legally control, through a permanent easement, the
property within a 50-foot radius of the well.
4. The ground surface must be sloped to drain away from the well and be graded to prevent the accumulation and
retention of surface water within 50 feet of the well.
5. Sanitation facilities used during construction, such as a portable privy, must be located at least 50 feet from the
well.
6. All casing joints, including welded joints, must be watertight. Welded casing must have beveled joints, except
where an approved welding coupling is used. The weld must extend the full circumference of the casing and
must completely fill the bevel.
7. Any portion of the borehole drilled more than 10 feet below the bottom of the screened depth must be filled
with approved neat cement, cement -sand, or bentonite grout in accordance with grouting procedures specified
in Minnesota Rules, part 4725.3050. Gravel pack, cuttings, or collapsed formation are not acceptable sealing
materials in this portion of the borehole.
8. Effective January 4, 2014, all newly installed or replacement pipes, pipe fittings, plumbing fittings and
fixtures, including backflow preventers, that are installed on potable water systems or systems that are
designed to distribute water for potable water use, are required to meet the new Reduction of Lead in Drinking
Water Act, which establishes a maximum lead content of 0.25 percent by weighted average of the wetted
surfaces. This includes piping, valves and fittings for water service lines, and piping and fittings associated
with potable water well installations.
9. The well must be grouted in accordance with Minnesota Rules, part 4725.3050. The annular space between
the casing and borehole wall must be full length grouted with neat cement grout, cement -sand grout, or
bentonite grout to within 10 feet of the screen, in accordance with Minnesota Rules, part 4725.3050, subpart 3
and part 4725.5825.
10. The well must be disinfected in accordance with Minnesota rules, part 4725.5550. In addition, a public water
supply well that is constructed in an unconsolidated formation with a drilling method that creates an annular
space and uses a bentonite drilling fluid must also be either: 1) disinfected upon completion of drilling and
prior to grouting by placing a minimum 200 mg/I free chlorine solution in the bottom of the well and
circulating the solution both inside and outside the casing and in the annular space to the established ground
surface for a minimum of 30 minutes; or 2) developed by agitating and forcing water out of the screen for a
minimum of 1 hour. Longer development times are recommended.
11. A well completed as proposed, screened in unconsolidated materials, must not extend more than 10 feet into
consolidated bedrock. Any portion of the borehole drilled more than 10 feet into the St. Peter sandstone must
be filled with approved neat cement grout or cement -sand grout in accordance with grading procedures
specified in Minnesota Rules, part 4725.3050. Gravel pack, cuttings, bentonite, or collapsed formation are not
acceptable sealing materials in this portion of the bore hole.
12. Any connection made to the pitless unit casing or cap, including the connection for the water level monitoring
device described on Page No. 1 1170-7, Part 2.07 of the project specifications, must meet the requirements for
casing connections in Minnesota Rules, part 4725.3150. The MDH recommends that any connections to the
pitless unit be part of the pitless unit assembly provided by the manufacturer.
Municipal Production Well No. 8
Well
Plan No. 150208
Page 3
December 5, 2014
13. The well casing must extend at least 12 inches above the ground, or above the finished floor if in a
pumphouse, whichever is higher (see Minnesota Rules, part 4725.2250, subpart 11, and Ten States Standards,
part 3.2.5.9).
14. If the well is gravel packed, the gravel pack shall not extend more than 10 feet above the static water level nor
more than 10 feet above the top or below the bottom of the well screen (see Minnesota Rules, part 4725.2850).
15. An identification label must be attached to the well (see Minnesota Rules, part 4725.3550).
16. The well contractor or well owner must submit a Well Construction Notification to the MDH prior to
beginning well construction.
17. The well casing must be capped and vented in accordance with Minnesota Rules, part 4725.3150, and
part 4725.5450. The vent must be screened and pointed downward. The vent connection to the well casing
must be at least 12 inches above the established ground surface or floor of an approved well house. The
casing vent must terminate at least 18 inches above the established ground surface or floor of an approved well
house.
18. The well casing must be temporarily covered at all times when not actively working on the well, until the well
is completed and a permanent cap or cover is installed. The temporary cap must meet the requirements in
Minnesota Rules, part 4725.2250, subpart 17, or must be a weatherproof, tamper -proof cover, such as an
overlapping steel plate. Tape, pails, loose plastic, or similar covers are not allowed.
19. Water that is put into the well during well development, other than water taken from the well itself, must have
a free chlorine residual at all times. The MDH strongly recommends that water taken from the well and
returned to the well during development also have a free chlorine residual at all times.
20. A Well Construction Record must be completed and submitted to the MDH within 30 days after completion
of the work.
21. If the well site has changed from the site that has been previously approved by our office, the site must be
reinspected and approved by the representative of the MDH prior to construction. Contact Yarta Clemens-
Bilaigbakpu at 651/201-4686 to arrange for a well site inspection.
22. The consultant to the well owner (WSB & Associates, Inc.), must provide a copy of this report to the licensed
well contractor(s) who will be performing the well construction, repair, and/or sealing.
23. The consultant to the well owner )WSB & Associates, Inc.), must inform the MDH staff members Douglas
Edson, at 651/201-3659, or Ronald Thompson, at 651/201-3658, of the identity of the licensed well
contractor(s) who will be performing the well construction. In addition, the well contractor must provide
verbal or written notification of the proposed construction starting time to Mr. Edson or Mr. Thompson at least
24 hours prior to starting well construction. The notification must be made during normal business hours
(Monday through Friday, 8 a.m. to 4:30 p.m.) and must specify the date on which well construction is
scheduled to begin. If the proposed starting time changes after notification is made, a new notification must
be made during normal business hours at least 24 hours prior to the revised construction starting time. Drilling
of a pilot hole for the production well is considered part of the production well construction, and must not
begin until after the required notification has been made.
Municipal Production Well No. 8
Well
Plan No. 150208
Page 4
December 5, 2014
24. The well contractor must obtain preliminary Well Construction Approval from the Minnesota Department of
Natural Resources (DNR) prior to beginning well construction, and the well owner must obtain a "Water Use
Permit" from the DNR after well construction is completed.
25. It is recommended that provisions be provided for the well to pump to waste. A hydrant and at least two
valves should be provided to allow for the well water to be flushed to waste when maintenance is required.
26. The plans and specifications do not indicate if a pumphouse will be constructed, and how the wellhead will be
connected to the distribution system. Complete plans and specifications for the pumphouse and the water
piping connection to the existing system must be submitted and approved by the MDH prior to their
construction.
27. Please contact the MDH District Engineer, John LaPointe, at 651 /201-3971 before the well is put into
production.
Well Site
28. Yarta Clemens-Bilaigbakpu of the MDH inspected the site on November 26, 2014, for the proposed Well
No.8. Steve Scherer, from the city of Medina, was present to answer questions about the setback distances
from potential contamination sources and the locations of property boundaries. The location for the proposed
well is shown on the enclosed map. Geographic coordinates for the proposed well were provided by the Tom
Roushar of WSB & Associates, Inc., and are as follows:
Name
X UTM
Y UTM
Well No. 8
458816.10
4986855.75
Information provided to the MDH 'ndicates that the city of Medina owns the parcel on which the well will be
located. As a result, the city will control land and water use in the area within 50 feet of the proposed well
site.
The proposed construction is to complete the well in a sand and gravel aquifer that has sufficient geologic
cover over it to retard the vertical movement of contamination. Isolation distances from the potential
contamination sources specified under Minnesota Rules Chapter 4725 must be maintained. All setback
distances appear to be met, as well as other siting criteria specified in Minnesota Rules, Chapter 4720, based
on the location of the stake, our evaluation of the surrounding area, and the information provided by the city.
We have reviewed and approve the preliminary delineation of the wellhead protection area and assessment of
existing land and water use, as specified under Minnesota Rules, part 4720.5130.
The MDH grants conditional approval for use of the staked site for a community water supply well, with the
understanding that final grading of the area around the completed well shall result in diversion of surface
water away from it and prevent ponding within 50 feet of the well. Please inform us if you change the
location of the proposed well. Moving the location may necessitate re -visiting the site, and we do not want to
hold up construction activities as a result.
Municipal Production Well No. 8
Well
Plan No. 150208
Page 5
December 5, 2014
Even though the MDH approves well sites, the well owner is responsible for ensuring that the well is
constructed and maintained, for the life of the well, in accordance with all water well construction code
requirements in Minnesota Rules, Chapter 4725.
Please notify the MDH as soon as the new municipal well goes into production. Minnesota Rule, 4720.5130
states the public water supplier must begin preparing a wellhead protection plan at the time the well is
connected to the public water supply. Therefore, please notify the MDH when the new well goes into
production because we would like to work with you so that you are able to utilize the entire time allotted by
rule to prepare your wellhead protection plan and avoid rule violation.
The MDH is also requesting that a copy of the pumping test results for the new well be provided as soon as
possible because this information is needed to support future delineation.
Note(s):
1. If the well is going to be used to supplement the stormwater pond, the connection between the well and the
pond augmentation must be protected by an air gap, or by an approved backflow preventer. The plans and
specifications for any connection between the water supply well and the stormwater pond must be submitted
to, reviewed and approved by the MDH before any such construction begins.
COMPLIANCE: No construction shall take place except in accordance with the approved plans. If it is desired to
make deviations from the approved plans, the MDH should be consulted and approval of the changes obtained
before the construction is started; otherwise, such construction is installed without proper approval, and, in addition,
may create dangers to public health.
Authorization for construction in accordance with the approved plans may be withdrawn if constriction is not
undertaken within a period of two years. The fact that the plans have been approved does not necessarily mean that
recommendations or requirements for change will not be made at some later time when changed conditions,
additional information, or advanced knowledge make improvements necessary.
Approved:
0110(04‘
Brian A. Noma, P.E.
Public Health Engineer
Section of Drinking Water Protection
P.O. Box 64975
St. Paul, Minnesota 55164-0975
651/201-4683
BAN:nkk
cc: Mr. Tom Roushar, WSB & Associates, Inc.
Bruce Bloomgren, Minnesota Geological Survey
Joe Richter, Minnesota Department of Natural Resources
John Lapointe, MDH, St. Paul
Ed Schneider, MDH, St. Paul
0
105
N
A
210
420
Feel
MINNISOTA
MDH
RIPARTMENTot HEALTH
Map Showing City of Medina
Proposed Well No. 8
O:1DwpSwplYartMedina_map.mxd (04 Dec 2014)
MEMORANDUM
TO: Mayor Mitchell and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson
DATE: January 14, 2015
SUBJ: Planning Department Updates January 20, 2015 City Council Meeting
Land Use Application Review
A) Dominium Affordable Rental Townhomes — 510 Clydesdale — Dominium has applied for a Stage II
Plan to develop 26 affordable rental townhomes on 3.85 acres. The townhomes would include rent
and income limitations because the developer has received pledges for funding through Minnesota
Housing. The Planning Commission held a Public Hearing at the November 12 meeting and
unanimously recommended approval. The City Council reviewed at the December 2 meeting and
directed staff to prepare resolution of approval. The City Council adopted a resolution approving the
Stage II plan and preliminary plat at the December 16 meeting. The applicant is finalizing the final
plat, which will be reviewed by the Council at the January 20 meeting.
B) John Day Companies Variance — 695-775 Tower Drive — Jack Day has requested approval of a
variance to reduce the front parking setback from 25 feet to 10 feet to expand the parking lot on the
subject property. The applicant argues that insufficient parking was constructed in the area upon its
development, and the parking setback constitutes a practical difficulty. The Planning Commission
reviewed this item at their January 13 meeting and recommended approval. The application is
scheduled to be reviewed by the Council on February 3.
C) Wakefield Valley Farm — 3385 County Road 24 — The applicant has requested final plat approval.
City Council granted preliminary plat approval during the fall of last year. Staff is conducting a
preliminary review, and the matter is tentatively scheduled for review by the Council on February 3.
D) Property Resources Development Co. (PRDC) Conservation Design PUD Concept Plan — West of
Willow Drive, southwest of Deerhill Road — PRDC has requested a Concept Plan for a Conservation
Design subdivision to include 42 residential lots on 170 acres. The applicant proposes to preserve
30% of the buildable property with a conservation easement. Staff is conducting a preliminary
review and it is tentatively scheduled for a Public Hearing at the February 10 Planning Commission
meeting
E) Wealshire LLC Comp Plan Amendment, Rezoning, Site Plan Review — Wealshire, LLC has
requested a site plan review for construction of an 115,000 square feet memory care facility. The
request also includes a rezoning from RR-UR to Business Park and an Interim Use Permit to permit
continued agricultural use of the portion of the property not proposed to be developed. Staff has
submitted the comprehensive plan amendment to the Met Council and will await a response. A
public hearing is tentatively scheduled on the rezoning and interim use permit, along with review of
the site plan review, at the February 10 Planning Commission meeting.
F) Enclave at Brockton 5th Addition — Lennar has requested final plat approval for the next phase of
the Enclave at Brockton project. This phase is proposed to include 381ots in the south and west
portion of the site. The application is tentatively scheduled for review by the Council at the
February 17 meeting.
G) Villas at Medina Country Club PUD General Plan and Preliminary Plat — East of CR 116, south of
Shawnee Woods Road — Rachel Contracting has requested approval of a subdivision to include 43
single family homes along the west and north of the Medina Golf and Country Club. The applicant
has revised plans to remove 5 units in the northeast portion of the site. The Planning Commission
held a Public Hearing at the November 12 meeting. Commissioners raised concerns, especially
related to the tree removal along Shawnee Woods Road. The City Council adopted documents
approving the PUD and preliminary plat at the January 6 meeting. Staff is waiting for final plat.
Planning Department Update
Page 1 of 2 January 20, 2015
City Council Meeting
H) Munsell Easement Vacation — the property owner of 3157 Wild Flower Trail has requested that the
City vacate a portion of the upland buffer easement behind their home in the Enclave. The existing
35 foot wide buffer easement is around a small wetland located in adjacent open space owned by the
City, but extends into the property. During the development process, City regulations would have
permitted the buffer to be averaged so that it was narrower on the home side and wider in the open
space, but it was not. During construction of the home, a paver patio was inadvertently constructed
in the buffer, so the property owner now requests to average the buffer. The City Council adopted a
resolution approving the vacation, and staff will assist the applicant to complete appropriate
paperwork.
I) Soiney Right-of-way Vacation — the property owners of 2942 Ardmore Avenue has requested that
the City vacate a portion of the "Palm Street" right-of-way adjacent to their property. The applicant
desires to construct a four -season porch on their property, but cannot do so where desired because of
the 30 foot setback from the vacant right-of-way. There is no street within the right-of-way, but it
was platted in a grid pattern in Independence Beach back in the 1920's. The City Council held a
hearing on the vacation and adopted a resolution vacating the portion of the right-of-way. Staff will
work with the applicant to obtain the replacement easements required by the Council.
J) St. Peter and Paul Cemetery CUP — St. Peter and Paul church intends to expand their cemetery at
the southeast corner of County Road 19 and Hamel Road. Improvements include new access drives,
landscaping, stormwater improvements and additional grave sites. The Planning Commission held a
Public Hearing at the July 9, 2013 meeting and recommended approval. The City Council adopted a
resolution of approval at the September 2 meeting. Staff will work with the applicant to finalize the
terms and conditions of approval before closing the file.
K) Hamel Place apartment Site Plan Review — 22 Hamel Road — Farhad Hakim has requested approval
of a site plan review to construct a 8-unit apartment building at 22 Hamel Road. The applicant has
also requested that the City consider vacating a portion of an existing utility easement to allow the
structure in this location. The City Council adopted a resolution of approval at the November 5,
2014 meeting. The applicant has indicated that they do not intend to start construction until spring.
Staff will work with the applicant on the conditions of approval in the meantime.
L) Woods of Medina, Capital Knoll— these preliminary plats have been approved and staff is awaiting a
final plat application
M) Woodland Hill Preserve, Enclave at Brockton 4`h, Hamel Haven, Morrison lot split, Three
Rivers/Reimer Rearrangement subdivision — These subdivisions have all received final approval.
Staff is working with the applicant on the conditions of approval before construction begins.
N) D.R. Horton Stage I Plan — D.R. Horton has requested Stage I Plan approval for development of
Mixed Use property west of Arrowhead, east of Mohawk and north of Highway 55. The entire
property is approximately 84 acres in area (approximately 59 acres upland) and the applicant
proposes 85 single family lots, a 54 unit apartment building and 5 acres of commercial development.
The City Council granted Stage I approval at the January 21, 2014 meeting.
Other Proiects
A) Comp Plan Revision Discussion — staff drafted the proposed changes to the Staging and Growth
Plan following the direction of the Planning Commission and City Council. Staff mailed notices for
a Public Hearing at the November 12 Planning Commission meeting. No one was present for the
Hearing. The Commission reviewed the amendment again at their December 9 meeting and
recommended approval. The amendment was presented to the Council on January 6 and the Council
directed staff to prepare a resolution of approval. The resolution will be presented on January 20.
B) Solar Energy Ordinance — Staff has begun researching options related to solar energy production
following the direction of the City Council at the request of Wright -Hennepin Electric Cooperative.
Staff presented the information to the Planning Commission at their January meeting, and the
Commission provided feedback. Staff intends to prepare an ordinance for review at the February 10
Commission meeting.
C) Municipal State Aid Certification of Mileage — staff submitted the annual Certification of Mileage.
Planning Department Update
Page 2 of 2 January 20, 2015
City Council Meeting
MEDINA POLICE DEPARTMENT
600 Clydesdale Trail
Medina, MN 55340.9790
p: 763.473-9209
f: 763.473-8858
non -emergency: 763-525-6210
MEMORANDUM Emergency 9.1-1
TO: City Administrator Scott Johnson and City Council
FROM: Director Edgar Belland
DATE: January 13, 2015
RE: Department Updates
Frozen Sprinkler Head
On New Year's Eve, we had a sprinkler head go off in the outer lobby of the police
department. Over the next few days, we were trying to figure out why the heat had
diminished in the outer lobby. We discovered that the thermostat had the fan set to auto,
which with the cold weather, the lobby temps dropped drastically while the inner offices
were warm. The fan needs to be running continuously to keep the sprinkler heads from
freezing in the lobby. We have reset the thermostat and have not had any further problems.
Hazardous Waste License
I have been notified that we have to have a hazardous waste license through Hennepin
County due to the gun cleaning products and the narcotics we generate through
investigations. I have been working through the process. I discovered that the public works
already has a license and I am attempting to just add the police department to that license.
Year-end Reports
We are in the process of completing the year-end reports for multiple agencies. We have to
report all forfeitures and crimes to the State and Federal Governments. We also have to fill
out our hazardous chemical inventory for the water systems to Homeland Security.
Juvenile Diversion Program
Over the past six months, we have been working with Hennepin County Attorney's Office on
a formal agreement on a juvenile diversion program that is consistent across the county. We
are in the final stages of formalizing agreement.
Patrol by Sergeant Jason Nelson
Training
Officers Converse, Hall and I, along with Reserve Officers Chorley, Larson and Cowley,
attended annual First Responder Refresher training in Loretto on January 3, 2015.
On January 9, 2015, Officers Boecker and Vinck put on the department's annual use of force
training. This is more of the classroom training in regards to use of force and taser with
applicable Minnesota Statutes and Medina Police Department Policy Manuel training.
Patrol Activities
For the dates of January 1-13, 2015, our officers issued 29 citations and 82 warnings for
various traffic infractions. There were a total of one driving while impaired arrest, five
traffic accidents, eight medicals and 12 alarms.
Officers have taken numerous reports from the local gas stations for theft of gas reports.
Numerous cases have been cleared with gas being paid for.
On January 1, 2015, Officers Vinck and Jessen were requested by Corcoran to assist with a
stabbing that had occurred at a house party with intoxicated individuals. Officers located
the suspect and enforcement action was taken without incident.
On January 3, 2015, Officers Jessen and Gregory were dispatched to a neighbor dispute in
Loretto. Upon arrival, it was discovered that one of the female neighbors made a hand
gesture of a gun and pointed at the other neighbor as though she was going to shoot them.
We have been called to these residences a number of times. A female was arrested for DWI
after the investigation was complete.
On January 3, 2015, Officer Jessen assisted Wright County with a vehicle that had fled from
them. Officer Jessen located the suspect vehicle which was being pursued by Wright
County. The vehicle failed to yield from Loretto to Hamel on Highway 55. Plymouth Police
were able to deploy spike strips and did spike three out of the four tires. The vehicle pulled
over a short time later in Plymouth and the driver was subsequently arrested for DWI. The
driver was extremely intoxicated.
On January 3, 2015, Officers Jessen and Gregory were requested to assist Corcoran Police
with an assault in the trailer park. Multiple people were fighting about dog feces in yards.
One person was assaulted with an ASP. Officers stood by while the call was handled by
Corcoran Police.
Criminal Investigations by Investigator Charmane Domino
Resident reported a theft of jewelry from their home. Possible suspects are being
investigated.
Working with West Hennepin Public Safety investigator and the Hennepin County
Attorney's Office with an ongoing investigation of a local resident on the Predatory Offender
Registry that has been non -compliant for a long time, refuses to become compliant, and is
residing with his victim who is a vulnerable adult in the care of others.
Received information on the public works candidate for a background investigation.
Open cases currently under investigation: 9
MEMORANDUM
TO: City Council, through City Administrator Scott Johnson
FROM: Steve Scherer, Public Works Director
DATE: January 13, 2014
MEETING: January 20, 2015
SUBJECT: Public Works Update
STREETS
• The past few weeks have been difficult getting the pavement clear with the cold
temperatures we have been experiencing. However, the recent warmer weather will help
to clear them off.
• The Tower Drive project is in your packet. I have been working with WSB to come up
with the best possible plan. This will be a big undertaking this year and give the entrance
of our uptown area a much needed cleanup.
• In general, the streets are looking good. You will start to feel the cracks and the frost
moving the sub base around, which will make for a rougher ride over the next few
months. This is just part of the freeze thaw cycle.
WATER/SEWER/STORMWATER
• The information on drilling for the well #8 project is in your packet. It is important to get
this project moving forward. We have a long way to go before we can actually put this
well into service. The well house and control portion of the project will not be far behind,
but I want to learn about the water quality as soon as possible so we can plan accordingly.
• We have just installed internet service to the water treatment plant, so we will have much
better access for remote service. I will be able to view what is going on from my desk at
Clydesdale and remote in for the on call person will also be possible. The City IT person
will be putting together a fire wall for a secure access.
• We have put together a response for the sewer incident that happened last year. Staff feels
there are inconsistencies in the way the sewage is metered which is giving false
information. We will be taking the MCES to task on this issue.
• The lift station at Independence #1 is up and running and is expected to provide years of
service for the City.
• I have asked WSB to do some survey work near Lake Ardmore in the Independence
Beach area in order to plan for our upcoming storm water project.
PARKS/TRAILS
• The skating rinks look great! They are being used and with the warmer weather over the
next week, I expect them to be utilized even more.
MISCELLANEOUS
• After receiving 27 applications for the advertised PW Maintenance position, Jodi, Ivan
and I interviewed six candidates. After interviews and an equipment driving test, we
narrowed those six candidates down to a very promising three. After talking with the PW
staff and going over the last three candidates, one candidate stood out above the rest. We
will be looking for Council approval in this packet.
ORDER CHECKS January 7, 2015 - January 20, 2015
042344 ACRE, CAROLINE $250.00
042345 ATHAR, AMBREEN $250.00
042346 EASON, KARI $198.71
042347 MARILYN OR RONALD FORTIN $250.00
042348 GHILDAYAL, ABHA $700.00
042349 HENNEPIN COUNTY HOOFBEATS $250.00
042350 KOCHS KORNER, LLC $250.00
042351 KOEHLER, SIGNE $250.00
042352 LAHO, KATHY $150.00
042353 NJR CONSULTING $400.00
042354 ORIBAMESE, DORIS $250.00
042355 ROLF ERICKSON ENTERPRISES INC $7,200.02
042356 SCHUNEMAN, YVONNE $250.00
042357 ASPEN MILLS INC $183.98
042358 CENTURYLINK $226.35
042359 DS HUNZ SERVICES INC $105.40
042360 ECM PUBLISHERS INC $309.80
042361 GOPHER STATE ONE CALL $104.70
042362 HAMEL LUMBER INC $370.74
042363 HAMEL LIONS CLUB $812.50
042364 HD SUPPLY WATERWORKS LTD $3,863.17
042365 HENN COUNTY INFO TECH $851.05
042366 HENN COUNTY TAXPAYER SVCS DEPT $1,376.83
042367 HENN CTY RESIDENT/REAL ESTATE $91.50
042368 HIGHWAY 55 RENTAL $121.00
042369 KERN, DEWENTER & VIERE $6,200.00
042370 KELLY'S WRECKER SERVICE INC $118.50
042371 US HOME CORP $15,687.00
042372 CITY OF MAPLE PLAIN $446.50
042373 MATHESON TRI-GAS INC $90.71
042374 METROPOLITAN COUNCIL $7,380.45
042375 METRO WEST INSPECTION $7,437.41
042376 MN DEPT OF LABOR/INDUSTRY $4,160.97
042377 MN DNR ECO-WATERS $2,427.72
042378 NAPA OF CORCORAN INC $16.56
042379 NORTHWEST ASSOC CONSULTANTS $3,118.96
042380 OFFICE DEPOT $51.49
042381 CITY OF ORONO $523.57
042382 SCHARBER & SONS, INC $24.95
042383 STREICHER'S $1,024.70
042384 TALLEN & BAERTSCHI $3,024.20
042385 TIMESAVER OFFSITE $163.50
042386 TOLL BROS, INC $15,730.00
042387 TWIN CITY GARAGE DOOR $152.50
042388 ABDO, EICK & MEYERS LLP $6,000.00
042389 ADAM'S PEST CONTROL INC $104.94
042390 RJ AHMANN COMPANY $2,100.00
042391 AMERICAN PUBLIC WORKS ASSN' $217.50
042392 BIFFS INC $72.00
042393 BLUE CROSS BLUE SHIELD OF MN $31,188.26
042394 BOYER FORD TRUCKS INC $202.81
042395 CARGILL INC. $6,506.07
042396 DITTER INC $98.00
042397 ECM PUBLISHERS INC $45.24
042398 ELM CREEK WATERSHED $16,378.40
042399 FBI NATIONAL ACADEMY ASSOC INC $85.00
042400 HAMEL VOLUNTEER FIRE DEPT $18,000.00
042401 HOTSY EQUIPMENT OF MN INC $352.53
042402 INTL ASSOC PROPERTY & EVIDENCE $375.00
042403 LAW ENFORCEMENT LABOR $376.00
042404 LAW OFFICE GREGORY E KELLER PA $1,155.00
042405 MARCO INC $403.27
042406 MEDINA MOBIL, INC $100.00
042407 METROPOLITAN COUNCIL $20,367.83
042408 MINUTEMAN PRESS $1,017.74
042409 MN COMMISSIONER OF REVENUE $500.00
042410 MN SAFETY COUNCIL INC $495.00
042411 NAPA OF CORCORAN INC $14.17
042412 NORTH AMERICAN SALT CO. $9,029.53
042413 OFFICE DEPOT $167.63
042414 PIONEER-SARAH CREEK $15,145.30
042415 TOWMASTER $743.88
042416 UFC FARM SUPPLY $25.99
Total Checks $218,112.53
Electronic Payments January 7, 2015 — January 20 2015
002963E FRONTIER $55.05
002964E FARMERS STATE BANK OF HAMEL $8.00
002965E PAYMENT SERVICE NETWORK INC $283.90
002966E CITY OF PLYMOUTH $672.15
002967E PREMIUM WATERS INC $69.75
002968E VALVOLINE FLEET SERVICES $79.48
002969E CIPHER LABORATORIES INC. $4,753.00
002970E CULLIGAN-METRO $59.20
002971E FRONTIER $55.10
002972E PREMIUM WATERS INC $2.54
002973E PITNEY BOWES $123.00
002974E MEDIACOM OF MN LLC $219.90
002975E MEDIACOM OF MN LLC $54.95
002976E CENTERPOINT ENERGY $3,165.43
002977E EXXONMOBIL FLEET - WEX BANK $1,176.26
002978E ELAN FINANCIAL SERVICE $2,782.11
002979E VERIZON WIRELESS $1,012.15
002980E MARCO (LEASE) $477.66
002981E PR PERA $14,048.48
002982E PR FED/FICA $14,763.14
002983E PR MN Deferred Comp $1,130.00
002984E PR STATE OF MINNESOTA $3,154.20
002985E SELECT ACCOUNT $13,672.00
002986E CITY OF MEDINA $18.00
002987E FARMERS STATE BANK OF HAMEL $20.00
Total Electronic Checks $61,855.45
PAYROLL DIRECT DEPOSIT January 14, 2015
506152 COUSINEAU, LORIE K. $230.87
506153 MITCHELL, ROBERT G. $327.04
506154 ALTENDORF, JENNIFER L. $1,340.49
506155 ANDERSON, JOHN G. $230.87
506156 BARNHART, ERIN A $1,884.91
506157 BELLAND, EDGAR J. $3,509.21
506158 BOECKER, KEVIN D. $2,569.66
506159 CONVERSE, KEITH A. $2,020.93
506160 DINGMANN, IVAN W. $1,839.88
506161 DOMINO, CHARMANE $1,800.16
506162 FINKE, DUSTIN D $2,129.73
506163 GALLUP, JODI M. $1,581.67
506164 GLEASON, JOHN M $1,980.81
506165 GREGORY, THOMAS $2,151.60
506166 HALL, DAVID M $2,367.47
506167 HUNZ, MATTHEW E $527.90
506168 JESSEN,JEREMIAH S. $2,543.77
506169 JOHNSON, SCOTT T $2,168.62
506170 KLAERS, ANNE M. $1,609.74
506171 LANE, LINDA $1,447.00
506172 LEUER, GREGORY J $2,053.25
506173 MARTIN, KATHLEEN M $230.87
506174 MCGILL, CHRISTOPHER R. $2,003.62
506175 NELSON, JASON $2,500.66
506176 PEDERSON,JEFF $221.92
506177 PETERSON, DEBRA A. $1,537.20
506178 REINKING, DEREK M $1,459.15
506179 SCHERER, STEVEN T $2,333.74
506180 VIEAU,CECILIA M $1,330.03
506181 VINCK, JOHN J $2,230.84
506182 WENANDE, BRANDON S. $547.6
Total Payroll Direct Deposit $50,711.26