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05.05.2015 City Council Meeting Packet
MEDINA AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, May 5, 2015 7:00 P.M. Medina City Hall 2052 County Road 24 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the April 21, 2015 B. Minutes of the April 21, 2015 C. Minutes of the April 23, 2015 D. Minutes of the April 23, 2015 V. CONSENT AGENDA Special Council Meeting Regular Council Meeting at 8 AM Special Council Meeting at 9:30 AM Special Council Meeting 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 A. Approve Managed Account Program (MAP) Agreement, City of Medina Addendum, and State and Local Government Addendum with Marco for Multi -function Copier Lease B. Approve Letter of Support for Rumble Strips on Highway 12 C. Approve the Wetland Replacement Plan for the Tower Drive Improvement Project D. Resolution Granting Extension of Time to Submit Final Plat for Capital Knoll Amending Resolution No. 2014-78 E. Resolution Adopting a Comprehensive Plan Amendment Regarding the Staging and Growth Plan and the Pace of Development VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission PRESENTATIONS A. Steve McDonald, Abdo, Eick, and Meyer — 2014 Annual Financial Report IX. X. XI. XII. NEW BUSINESS A. Resolution Providing for the Sale of $1,765,000 General Obligation Improvement Bonds, Series 2015A B. Todd Monger — Animal Structure Setback Variance — 1272 Homestead Trail — Public Hearing C. Villas at Medina Country Club Final Plat 1. Resolution Approving the Final Plat of the Villas at Medina Country Club 2. Planned Unit Development Agreement by and between the City of Medina and Villas of Medina, LLC for the Villas at Medina Country Club D. Ordinance Repealing Adoption of Minnesota Rules Chapter 1306 E. Medina Golf & Country Club General Plan PUD, CUP Amendment and Site Plan Review F. Interim Highway 55/County Road 116 Intersection Improvements 1. Amendment to 2015 Capital Improvement Plan 2. Utilization of Municipal Construction State Road Aid Funds G. Resolution Supporting the Job Creation Fund Application for InCity Farms CITY ADMINISTRATOR REPORT MAYOR & CITY COUNCIL REPORTS APPROVAL TO PAY BILLS ADJOURN Posted 5/1/2015 Page 1 of 1 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: May 1, 2015 DATE OF MEETING: May 5, 2015 SUBJECT: City Council Meeting Report V. CONSENT A. Approve Managed Account Program (MAP) Agreement, City of Medina Addendum, and State and Local Government Addendum with Marco for Multi -function Copier Lease — Staff currently uses Marco as our vendor for multi -function copiers and has been happy with their service. The city's current copier leases are due to expire this year and staff has reviewed multiple options and recommends approving the attached agreements for Konica Minolta copiers. See attached proposal and agreements. B. Approve Letter of Support for Rumble Strips on Highway 12 — Staff recommends approval of the letter of support to install rumble strips on the fog lines on Highway 12. The centerline rumple strips were installed last winter and we have not had an accident on our section of Highway 12 since they were installed. See attached memo and letter. C. Approve the Wetland Replacement Plan for the Tower Drive Improvement Project — As part of the Tower Drive improvement project 0.19 acre of wetlands will be impacted. Staff recommends approval of the attached wetland replacement plan. See attached memo. D. Resolution Granting Extension of Time to Submit Final Plat for Capital Knoll Amending Resolution No. 2014-78 — Staff recommends approval of the resolution granting extension of time for Capital Knoll to submit final plat to the City by May 4, 2016. See attached resolution. E. Resolution Adopting a Comprehensive Plan Amendment Regarding the Staging and Growth Plan and the Pace of Development — On January 20, 2015, the City adopted Resolution 2015-13, which approved an amendment to the Comprehensive Plan to amend the Staging and Growth Plan and make other minor changes. This amendment couldn't become effective until the Metropolitan Council approved it. The amendment was approved by the Metropolitan Council on April 27, 2015. Staff recommends approval of the attached resolution to officially declare that the amendment is adopted and in effect. See attached resolution. VII. PRESENTATIONS A. 2014 Annual Financial Report — Steve McDonald with Abdo, Eick and Meyers will be present at the meeting to present the 2014 Annual Financial Report. See attached management letter and financial report. VIII. NEW BUSINESS A. Resolution Providing for the Sale of $1,765,000 General Obligation Improvement Bonds, Series 2015A — Ehlers and Associates will be present at the Council meeting and has attached a resolution for Council review and approval to move forward with the process of bond financing for the 2015 Tower Drive and Hamel Road improvement projects by providing for the sale of $1,765,000 in general obligation improvement bonds. See attached resolution. Recommended Motion: Approve resolution providing for the sale of $1, 765, 000 General Obligation Improvement Bonds, Series 2015A B. Todd Monger — Animal Structure Setback Variance — 1272 Homestead Trail — Public Hearing — Todd Monger had requested a variance to reduce the required setback for a small animal structure from 150 feet to 75 feet due to the size and shape of his lot. The Planning Commission unanimously recommended approval of the variance subject to the conditions noted in the staff report. A public hearing must be held before considering this request. If the City Council concurs that the variance criteria are met, the motion below would be in order. See attached staff report. Recommended Motion: Move to direct staff to prepare a resolution approving the variance based upon the findings noted in the staff report and subject to conditions recommended by staff C. Villas at Medina Country Club Final Plat - The applicant has made an application for final plat for the Villas at Medina Country Club to develop the northern and western edges of the golf course that received preliminary approval from the City Council on January 6, 2015. Staff finds that the proposed final plat is generally consistent with the approved preliminary plat. If the Council finds that the Final Plat is consistent with the approved preliminary plat and meets the relevant conditions, the motions below would be in order. See attached report, resolution and development agreement. Recommended Motion # 1: Adopt resolution approving the final plat of the Villas at Medina Country Club. 2 Recommended Motion # 2: Approve the Planned Unit Development Agreement by and between the City of Medina and Villas of Medina, LLC for the Villas at Medina Country Club. D. Ordinance Repealing Adoption of Minnesota Rules Chapter 1306 — At the February 17, 2015 work session, the City Council directed staff to prepare an ordinance amendment to repeal the adoption of 1306 related to special fire protection systems. The Council also asked staff to inquire with the fire departments whether it made sense to consider any additional zoning code provisions if 1306 were going to be repealed. The responses from the fire departments serving the City are attached. All of the fire chiefs opposed the repeal of 1306. None of the fire departments suggested zoning code provisions to be incorporated. See attached ordinance. Recommended Motion: Adopt ordinance repealing adoption of Minnesota Rules Chapter 1306. E. Medina Golf & Country Club General Plan PUD, CUP Amendment and Site Plan Review — The Medina Golf and Country Club has made an application for a Planned Unit Development General Plan, Conditional Use Permit Amendment, and Site Plan Review to allow for the construction of a new maintenance facility and two accessory restroom facilities. The Planning Commission reviewed the application at their April 14, 2015 meeting and recommended approval subject to the conditions noted in the staff report. See attached staff report. Recommended Motion: Direct staff to prepare a resolution of approval with the noted conditions. F. Interim Highway 55/County Road 116 Intersection Improvements - Council Member Pederson and staff met with Hennepin County and MNDot on April 24, 2015. Hennepin County agreed to move forward with the interim improvements in the summer of 2015 if Medina agreed to move forward with the full -reconstruction of the intersection in 2017. Staff informed Hennepin County that we would need to have Council approve the proposed interim plans ($50,000 for the improvements - all costs will be paid by Hennepin County), approve an update to the 2015 Capital Improvement Plan to include the proposed project for 2017, and to utilize existing and future Municipal Construction State Road Aid account funds for eligible costs on the Highway 55/116 intersection project. Staff is working with the State and Hennepin County on a preliminary estimate on what costs are eligible on the Highway 55/CR 116 project for state road aid funds. Staff will bring forward a proposal for funding the project at a future City Council Work Session. See attached memo. Recommended Motion # 1: A motion to approve the plans for the interim Highway 55/CR 116 project to be completed during the summer of 2015. 3 Recommended Motion # 2: A motion to update the 2015 Capital Improvement Plan to move construction of the Highway 55/CR 116 Intersection project to 2017. Recommended Motion # 3: A motion to utilize existing and future Municipal Construction State Road Aid account funds for eligible costs on the Highway 55/116 intersection project. G. Resolution Supporting the Job Creation Fund Application for InCity Farms- Staff met with Representatives from a startup company named InCity Farms (Praxis) and the Minnesota Department of Employment and Economic Development (DEED) on April 22" d InCity Farms is interested in purchasing the old Temroc building near Willow/Highway 55 (with the possibility of an 80,000 SF expansion). Their business model is based on aquaculture. They would build large pools in the facility for producing fish and vertical planters for growing vegetables for local restaurants and distributors. Current City regulations would not permit a private well (they currently have water service) and they would be requesting the City amend or waive the requirement. InCity Farms would use City water for other uses besides the tanks. They have indicated an interest in agriculture tax classification for the property. The Hennepin County assessor office (and Rolf Erickson) talked about a 50-65% reduction of tax capacity under an agriculture classification. Finally, InCity Farms is asking for a resolution of support from the City of Medina for the Job Creation Fund Program through DEED. Staff is looking for discussion and direction on: 1) supporting the DEED request; 2) future waiver of limitation on private wells. See attached resolution. Possible Motion: Adopt resolution supporting the job creation fund application for InCity Farms. XI. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 003115E-003131E for $41,037.52, order check numbers 42757-42809 for $254, 711.99, and payroll EFT 506354-506380 for $46,308.37. INFORMATION PACKET • Planning Department Update • Police Department Update • Public Works Department Update • Claims List 4 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF APRIL 21, 2015 The City Council of Medina, Minnesota met in special session on April 21, 2015 at 6:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Call to Order Members present: Members absent: Also present: Mitchell, Anderson, Cousineau, Martin, Pederson City Administrator Scott Johnson and City Planner Dusty Finke II. Pioneer Sarah Watershed Discussion Staff provided background information on the most recent Pioneer Sarah Watershed meeting. The City Council discussed the watershed governing options, tax base differences that exist with the three watersheds in Medina and the funding of watershed projects. The watershed requested the City Council respond to the following questions: 1) Is the City Council supportive of the watershed implementing yearly incremental increases to double the budget and use the funds for projects? 2) Is the City Council supportive of using Ad Valorem tax in conjunction with yearly incremental increases for the watershed budget? The consensus of the City Council was to answer no to both questions because of a lack of commitment and leadership in the watershed to accomplish projects. Council also requested Staff research taxing districts for the watersheds and bring the options forward for discussion at a future Work Session. III. Draft Met Council Local Forecasts Staff recently received updated forecasts from the Met Council and shared the information with the City Council. City Planner Dusty Finke recently completed the Comprehensive Plan Amendment for residential property in Medina. Mr. Finke asked if the amendment should incorporate the new forecasts that would reduce the projected population figures. The City Council directed staff to use the new forecasts. Adjournment Mitchell closed the meeting at 6:52 p.m. Bob Mitchell, Mayor Attest: Scott Johnson, City Administrator -Clerk Medina City Council Special Meeting Minutes 1 April 21, 2015 DRAFT 2 3 MEDINA CITY COUNCIL MEETING MINUTES OF APRIL 21, 2015 4 5 The City Council of Medina, Minnesota met in regular session on April 21, 2015 at 7:00 6 p.m. in the City Hall Chambers. Mayor Mitchell 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, Finance 15 Director Erin Barnhart, City Engineers Tom Kellogg and Jim Stremel, City Planner Dusty 16 Finke, Public Works Director Steve Scherer, Patrol Officer Keith Converse, and 17 Recording Secretary Carla Wirth. 18 19 II. PLEDGE OF ALLEGIANCE (7:01 p.m.) 20 21 III. ADDITIONS TO THE AGENDA (7:01 p.m.) 22 The agenda was approved as presented. 23 24 IV. APPROVAL OF MINUTES (7:03 p.m.) 25 26 A. Approval of the April 7, 2015 Special City Council Meeting Minutes 27 Moved by Anderson, seconded by Pederson, to approve the April 7, 2015 special City 28 Council meeting minutes as presented. Motion passed unanimously. 29 30 B. Approval of the April 7, 2015 Regular City Council Meeting Minutes 31 It was noted on page one, eighth paragraph, second line, the word Weiss's should be 32 changed to Weisses. 33 34 Moved by Anderson, seconded by Cousineau, to approve the April 7, 2015 regular City 35 Council meeting minutes as amended. Motion passed unanimously. 36 37 C. Approval of the April 8, 2015 Special City Council Meeting Minutes 38 It was noted on page three, line 36, it should state, "Anderson stated that at the Planning 39 Commission Meeting, there were no comments against the request and the only pcoplc 40 in attendance at the Planning Commission Meeting spoke in favor of the request." 41 42 Moved by Martin, seconded by Pederson, to approve the April 8, 2015 special City 43 Council meeting minutes as amended. Motion passed unanimously. 44 45 Mitchell stated he received a letter from Mr. Weiss asking about his numbers so 46 Assessor Erickson was asked to provide an official and orderly comment on those 47 numbers. 48 49 Martin requested further information on how it is that lakefront properties were not 50 increased in value as much as other properties. She recalled a comment from the 51 previous meeting that Weiss should not look at the incremental increase of his neighbors Medina City Council Meeting Minutes 1 April 21, 2015 1 as those lakefront property values had not been appreciated to the same extent as other 2 properties. 3 4 Mitchell stated in the end, it is his opinion that it gets down to an art when establishing 5 property valuations. 6 7 V. CONSENT AGENDA (7:08 p.m.) 8 9 A. Authorize City Hall to Close on May 7, 2015 from 8:00 a.m. to Noon for 10 Staffing Training 11 B. Resolution No. 2015-30 Approving an Amended Conditional Use Permit for 12 Thomas and Jillene Kingstedt (D/B/A Puptown) at 810 Tower Drive 13 C. Resolution No. 2015-31 Granting Approval of a Conditional Use Permit to 14 Jeffrey and Shirley Varney for Construction of an Accessory Structure 15 Located at 3985 County Road 19 16 Moved by Martin, seconded by Anderson, to approve the consent agenda. Motion 17 passed unanimously. 18 19 VI. COMMENTS (7:08 p.m.) 20 21 A. Comments from Citizens on Items not on the Agenda 22 There were none. 23 24 B. Park Commission 25 Scherer reported the Park Commission, at its last meeting, considered fields, selected 26 the color of the sport court, and a resident talked about planting milkweed to support 27 butterflies. The park tour will be held on May 20, 2015. 28 29 C. Planning Commission 30 Planning Commissioner Murrin reported the Planning Commission considered the Aldi 31 application to build a grocery store on the corner of Highway 55 and Sioux Drive. There 32 were concerns about removing a significant number of trees along Elm Creek to create 33 visibility for their building so it was suggested Aldi work with the Watershed District to 34 develop an acceptable plan. The Planning Commission will consider that plan at its next 35 meeting. Murrin stated there were also concerns with having one point of access on 36 Sioux Drive as well as access for the abutting parcel. 37 38 Murrin stated the Medina Golf and Country Club is building a maintenance facility and 39 several comfort stations. They were asked to provide additional screening for the metal 40 maintenance facility. 41 42 Murrin reported the Planning Commission recommended approval of the Todd Monger 43 request for a setback variance to construct an animal structure. Because of the smaller 44 lot size, approval was conditioned on reducing the number of animals units to .3. 45 46 Mitchell asked if Aldi was at a concept stage. Murrin stated it was a site plan review. 47 Finke stated this is the only formal review process in addition to an upcoming hardcover 48 variance request. Aldi will be before the Planning Commission again in May and before 49 the Council at its second meeting in May. 50 Medina City Council Meeting Minutes 2 April 21, 2015 1 Anderson noted Aldi will be at the Planning Commission in May and will need to meet 2 with the Elm Creek Watershed District to approve that plan. Finke clarified that 3 technically, the City's review and approval is not contingent upon Watershed District 4 action. 5 6 Pederson asked if the Aldi request involves more than one parcel. Murrin stated it 7 involves the Hedtke property and the property just east of that on Highway 55 (property 8 with white house). She commented on the challenges of making a decision on the Aldi 9 request without knowing the status of the other parcels or the highway access. 10 11 Finke stated a representative of the adjacent property owner spoke before the Planning 12 Commission but that parcel is not part of the Aldi application. With regard to the status 13 of access and Mn/DOT's action, the idea is to allow flexibility for future access to the 14 adjacent property. 15 16 Mitchell noted across the street, those parcels developed with a dead end and this side 17 involves the same type of difficult access. 18 19 In response to Mitchell's question, Murrin explained that Mr. Monger requested the 20 animal shelter to house miniature goats. Mitchell described the setback requirements for 21 animal structures and difficulty locating that structure depending on the size of property 22 and type of animal to be housed. 23 24 Pederson asked how the use can be prevented from changing from miniature goats to 25 horses. Murrin explained that this application was allowed for only .3 animal units and a 26 horse equals one animal unit. 27 28 VII. NEW BUSINESS 29 30 A. Tower Drive, Kilkenny Lane and Hamel Road Utility and Street Improvement 31 Project (7:19 p.m.) 32 Stremel displayed a slide of the project site and described the proposed street and utility 33 improvements to Tower Drive, Kilkenny Lane, and Hamel Road that was estimated to 34 cost $2,637,000. He described the assessment process that follows Minnesota Statute 35 Chapter 429 with the public hearing being held tonight during which affected property 36 owners can submit a written intent to appeal. The proposed assessment would be 37 levied for a 15-year period and included on the property tax statement. The interest rate 38 would be 5% beginning May 12, 2015, with the first payment due May 2016. 39 40 Martin corrected that with the 30-day rule, the prepayment would be due by May 20, 41 2015, rather than May 21, 2015. 42 43 Stremel reviewed the project schedule. It was noted that following the required 44 assessment hearing, staff recommends the Council approve a resolution adopting the 45 assessment roll for the Tower Drive, Kilkenny Lane, and Hamel Road utility and street 46 improvement project and also approve a resolution accepting bids and awarding the 47 contract to Astech Corporation. 48 49 Mitchell opened the public hearing at 7:26 p.m. 50 Medina City Council Meeting Minutes 3 April 21, 2015 1 Tom Dykhoff, 615 Hamel Road, stated his concern with the assessment is the interest 2 rate, as he will be financing it through his tax payment. 3 4 Barnhart explained it is the practice of the City to charge 2 points above current interest 5 rates and preliminary bond testing shows the interest rate is at about 2-2.5%. Until the 6 City calls for sale of bonds, it is an estimate. Mitchell noted if approved, the interest rate 7 will be set tonight. 8 9 Martin explained the process for calling for bids with the market dictating the interest 10 rate. The City needs to cover its administrative expenses through the 2 points over what 11 it anticipates the bond rate to be. Batty advised that is discretionary but in his 12 experience, 2 points is the standard. He noted that a margin of error is built in to cover 13 prepayment and nonpayment. 14 15 Jim Cox, 770 Tower Drive, stated he noticed all were assessed the same dollar value for 16 resurfacing but with the sanitary and water main improvements, it was scaled to the size 17 of property and not a flat rate. Kellogg explained the two assessment formulas used 18 based on road types. The assessment for a local collector street is based on 50°/0 of the 19 street improvement cost and split on a per parcel basis. Hamel Road is a collector 20 roadway so only 40% is assessed to benefiting property owners. That rate is a function 21 of both frontage and lot area. 22 23 Mr. Cox asked where is the City policy and how is it developed. Finke stated the policy 24 was adopted in 2009. Mitchell explained the City has always had policies so all 25 improvement projects are assessed under the same formula depending on whether it is 26 commercial, residential, water or sewer or road. 27 28 Mr. Cox stated this policy was developed in 2009 and asked if it is looked at every year. 29 Mitchell explained the City does not want to change the policy each year because it 30 wants to treat all property owners the same. The object of the policy is to create 31 uniformity between like situated owners. Johnson stated staff will provide a copy of the 32 policy to Mr. Cox. 33 34 Mitchell explained to Mr. Cox that if he is concerned, he can appeal the assessment 35 tonight and use that additional time to research the policy. 36 37 Martin stated the policy under discussion is part of the City Code of Ordinance and has 38 been vetted by the public. 39 40 Paul Coghlan, 625 Hamel Road, stated he would like to dispute his assessment and the 41 number of water services, which directly impacts the price of the assessment. Johnson 42 stated Mr. Coghlan brought this issue to staffs attention at the open house. 43 44 Scherer explained that things got changed when the road was rebuilt so the number of 45 water services cannot be determined until the road is opened. Scherer stated it will 46 probably be an assessment for one service, not four service stubs, and if the water 47 service comes from the other street, there would be zero services. 48 49 Cousineau asked if Mr. Coghlan should file an appeal tonight. Batty stated the Council 50 is being asked to adopt the assessment roll tonight, which includes four services to this Medina City Council Meeting Minutes 4 April 21, 2015 1 property. He explained that if it is fewer services, the Council can reassess at the lower 2 number. 3 4 Mitchell suggested Mr. Coghlan file an appeal tonight. Batty advised Mr. Coghlan that to 5 preserve his right to appeal, he must submit a written objection to the assessment 6 tonight. But, it also starts a `clock' requiring the property owner to serve the City within 7 10 days and appeal within 30 days. 8 9 Martin asked if the Council can adopt the assessment and reserve the right to revise it. 10 Batty advised the Council can adopt and then revisit based on the facts should it be 11 found the number of services assessed needs to be changed. 12 13 Martin stated the Council has the ability to follow through regardless of whether an 14 appeal is filed tonight. Batty concurred. 15 16 Scherer explained this involves an unusual situation with water service and since it has 17 been investigated, it has been determined that one service would be the maximum. 18 19 Mr. Coghlan submitted a written notice of appeal for 625 Hamel Road. 20 21 Mitchell closed the public hearing at 7:43 p.m. 22 23 1. Resolution No. 2015-32 Adopting Assessment Roll — Public Hearing 24 Martin stated she noticed there are two resolutions for the assessment roll. Johnson 25 stated the resolution was unchanged but the assessment roll was revised at the request 26 of Mr. Day who has nine PIDs. Mr. Day requested the project be assessed over 8 PIDs 27 and not on all 9 PIDs. 28 29 Finance Director Erin Barnhart explained the redistribution of assessments for the four- 30 plex on Hamel Road, noting it did not change the total assessment number, just the 31 distribution between parcels. She explained the one parcel removed at the request of 32 Mr. Day is a common area for the other PIDs and after consideration, staff supports that 33 request. 34 35 Martin stated in a motion for the Council to adopt a revised assessment roll with the 36 correction of Mr. Coghlan to reduce water units from four to one. She asked is there a 37 way to take action to preserve the City's institutional memory to reduce Mr. Coghlan's 38 number to zero if that is determined once the street is opened. 39 40 Batty advised it would be best to adopt the assessment roll with that revision to reduce 41 Mr. Coghlan's water services to one and then adopt an amended assessment roll just 42 with regard to his property to eliminate that assessment if those facts come forward. 43 44 Moved by Martin, seconded by Pederson, to approve resolution no. 2015-32 adopting 45 assessment roll for the Tower Drive, Kilkenny Lane and Hamel Road utility and street 46 improvement project pursuant to the revised assessment roll with one correction to 47 Property #13, PID 12-11-823-32-0003, owned by Mr. Paul Coghlan, number of water 48 utility services reduced from four to one and reduce total utility services to that property 49 from four to one and the assessment amount will be incrementally adjusted by staff to 50 reflect only one water utility service for this property and only one total utility service for 51 this property. Motion passed unanimously. Medina City Council Meeting Minutes 5 April 21, 2015 1 2 2. Resolution No. 2015-33 Accepting Bids and Awarding the Contract 3 Kellogg stated the next step to proceed with the project is to award the bids. He stated 4 eight competitive bids were received and the low bid from Astech Corporation was about 5 9% below the engineer's estimate. 6 7 Anderson asked if the City has worked with this firm previously. Stremel stated the 8 response from WSB staff was scattered without major issues. Kellogg stated he worked 9 with this company as a subcontractor on a smaller road project and he does not 10 remember having any issues. 11 12 Moved by Martin, seconded by Anderson, to approve resolution no. 2015-33 accepting 13 the bids and awarding the contract to Astech Corporation in the amount of 14 $1,997,319.20. Motion passed unanimously. 15 16 B. Independence Beach Improvement Project (7:53 p.m.) 17 Scherer presented the feasibility report prepared by staff for the Independence Beach 18 Improvement Project, an overlay project, to improve the following residential streets: 19 Lakeshore, Ardmore, Brook, Balsam, Pine, Walnut, Fern, Maple, Aspen Birch, and 20 Cedar. In addition, drainage will also be addressed. Scherer stated the consensus of 21 the neighborhood, expressed at the open house, was in support. He described the 22 topography of this area and past road and storm sewer improvement projects. 23 24 Scherer advised that staff recommends moving forward with this project as it is needed, 25 cost effective, and necessary to prolong the useful life of the road by ten years. After 26 that point, a full reconstruction project will be required. The estimated cost is $266,668 27 with 50% being assessed to benefiting properties so assessments will be in the $800- 28 $900 range. If approved, the assessment public hearing will be held on May 19, 2015. 29 30 Pederson asked whether the infrastructure should be considered now or if the water 31 pipes will need to be re -lined. Scherer stated the water pipes are 1975 vintage and 32 while there has been a water main break every year or two, there has been nothing 33 major at this point. He stated this project will be managed in house and staff will work 34 with property owners individually. 35 36 1. Resolution No. 2015-34 Receiving Feasibility Report and Calling for 37 Public Hearing on Independence Beach Improvement Project and 38 Levying Special Assessments for Same 39 Moved by Anderson, seconded by Pederson, to approve resolution no. 2015-34 40 receiving the feasibility report and calling for a public hearing on Independence Beach 41 improvement project and levying special assessments for same. Motion passed 42 unanimously. 43 44 C. Storm Water Pollution Prevention Plan (SWPPP) — Annual Public Hearing 45 Scherer presented the 2014 accomplishments and Best Management Practices (BMPs) 46 for the City's Storm Water Pollution Prevention Plan (SWPPP) including description of 47 2014 stormwater projects; establishment of a Storm Water Infrastructure Maintenance 48 and Inspection Policy that will include procedures, goals, and create uniformity; and, 49 2015 and beyond projects. Scherer also described minimum control measures and 50 listed the City's partners in water quality improvements. He explained that while Council Medina City Council Meeting Minutes 6 April 21, 2015 1 action is not needed on this item, the City is required to conduct an annual public 2 hearing on the SWPPP. 3 4 Mitchell opened the public hearing at 8:08 p.m. 5 6 There being no public comments, Mitchell closed the public hearing at 8:08 p.m. 7 8 The Council acknowledged the good job done by City staff when it comes to water 9 quality and addressing stormwater. Scherer agreed with Mitchell that the City is not shy 10 about proposing conservation and fairly aggressive when dealing with stormwater. 11 Mitchell noted Medina has had the luxury of slowly converting from agriculture to urban 12 subdivisions. Medina has been requiring new urban subdivisions to use stormwater 13 ponds for irrigation to reduce municipal water usage and address stormwater issues. 14 15 VIII. CITY ADMINISTRATOR REPORT (8:10 p.m.) 16 Johnson announced the business forum and tours will be held on April 23, 2015, starting 17 at 8 a.m. and Clean Up Day is this Saturday from 8 a.m. to noon. 18 19 Martin asked if the Council will be doing specific tasks on Saturday. Johnson stated staff 20 has determined tasks for the Mayor and Council. 21 22 Scherer stated the tree sale will be subsidized by the City, there is a limit of ten trees per 23 person, and there has been a lot of interest. He noted this is a good and informal venue 24 for the Council to chat with residents. 25 26 IX. MAYOR & CITY COUNCIL REPORTS (8:13 p.m.) 27 Mitchell reported on a meeting held several weeks ago about fire service. He stated a 28 facilitator, Ray McCoy, will be talking with Loretto and Hamel Fire Departments to iron 29 out issues including staffing for Medina. 30 31 Pederson reported on today's Uptown Hamel meeting that was attended by the 32 Hennepin County Water Patrol, the Fire Relief meeting, and the Highway 55 Corridor 33 Coalition meeting. He explained that due to a proposed change in the project Highway 34 55/CR 116 project, another Highway 55 Corridor Coalition meeting has been scheduled 35 for Friday. 36 37 Johnson explained Medina had talked about an interim project but the County Engineer 38 has found funding and is now interested in moving forward possibly in 2016 with the 39 entire project to rebuild the intersection of 116 and Highway 55. Staff has requested 40 additional information. 41 42 Anderson noted that is four years earlier than anticipated and asked what would be the 43 City's contribution. Pederson stated the funding percentages have not yet been 44 determined. Johnson stated it will depend on the funding mechanism used for the 45 proposed project. 46 47 Martin asked whether the Working Group for Hamel Fire Department, which is meeting 48 tomorrow night, may be getting ahead of another process that has started with facilitated 49 discussions occurring between the two departments in how they can cooperate. She 50 asked whether the study group should step aside. 51 Medina City Council Meeting Minutes 7 April 21, 2015 1 Mitchell stated Medina does not want to insult the Hamel Fire Department by not 2 showing up. Martin stated it is only for the Hamel Fire Department. Mitchell stated they 3 agreed to talk with Loretto two weeks ago so he thinks they can follow two separate 4 tracts at the same time. 5 6 Martin stated Fire Department Chief Jeff Ruchti had asked for volunteers for a Task 7 Force on the committee and felt the City Council had given him the go ahead to create 8 that Task Force to look at the future of Hamel Fire. That was established about six 9 months ago and it came up in the context of discussing physical plant requirements for 10 Hamel. Martin stated she had asked Chief Ruchti, in an e-mail last week, if we should 11 not go forward with the Task Force study group as the goal is to have the two Fire 12 Departments chatting with each other instead of meeting separately. Chief Ruchti had 13 responded that Mayor Mitchell thought it should go forward. 14 15 Anderson stated Martin's concerns are justified as it has been indicated that Ray McCoy 16 will facilitate the discussion between the departments. 17 18 Johnson stated he will inform Fire Chief Ruchti that the Council's position is that Ray 19 McCoy was retained to hold discussions with the Fire Department and recommend the 20 Task Force Committee not meet at this time until those discussions facilitated by Mr. 21 McCoy have an opportunity to occur. 22 23 Anderson stated he attended last week's Planning Commission meeting and it seems to 24 be moving along well. 25 26 Cousineau stated she attended the Park Commission meeting and the Watershed 27 District meeting. 28 29 X. APPROVAL TO PAY THE BILLS (8:26 p.m.) 30 Moved by Anderson, seconded by Cousineau, to approve the bills, EFT 003094E- 31 003114E for $52,532.18, order check numbers 42695-42756 for $119,226.45, and 32 payroll EFT 506323-506353 for $46,162.97. Motion passed unanimously. 33 34 Xl. ADJOURN 35 Moved by Anderson, seconded by Cousineau, to adjourn the meeting at 8:27 p.m. 36 Motion passed unanimously. 37 38 39 Bob Mitchell, Mayor 40 Attest: 41 42 43 Scott Johnson, City Administrator Medina City Council Meeting Minutes 8 April 21, 2015 SPECIAL MEDINA CITY COUNCIL MEETING MINUTES OF APRIL 23, 2015 The City Council of Medina, Minnesota met in special session on April 23, 2015 at 8:00 a.m. to conduct the annual business forum. I. ROLL CALL Members present: Anderson, Cousineau, Martin, Mitchell, and Pederson Members absent: None Also present: City Administrator Scott Johnson, Assistant to City Administrator Jodi Gallup, Finance Director Erin Barnhart, Public Works Director Steve Scherer, City Planner Dusty Finke, and Public Safety Director Ed Belland. II. ANNUAL BUSINESS FORUM Staff provided an update on recent and upcoming projects in Medina. Businesses held breakout sessions to discuss how the city can better help Medina businesses expand and flourish and what the city can do to attract new businesses. After the breakout sessions, each group reported back to the large group on their discussions. Below is a summary of finding: • City needs to be aware of large financial costs to start a business • City code issues with remodels • Time it takes to get through the approval process is too long • Look into administrative approval for smaller projects • Create a marketing campaign on why the city is more open to business to show what the city is doing • Give more planning guidance • Fire code and sprinkling issues • Survey residents on what types of businesses they would like to see in Medina and Uptown Hamel • Expensive water hookup fees • Better brand the city of Medina • Promote business networking events • Help the businesses and residents know what businesses are in Medina • Attract businesses, employees and residents from the west Mayor Mitchell reminded the businesses that Medina is still a small town and he invites and encourages businesses to contact him and the City Council members to discuss their issues and ideas. III. ADJOURN Adjourned the Business Forum at 9:00 a.m. Bob Mitchell, Mayor Attest: Medina City Council Special Meeting Minutes 1 April 23, 2015 Scott Johnson, City Administrator -Clerk Medina City Council Special Meeting Minutes 2 April 23, 2015 MEDINA CITY COUNCIL MEETING MINUTES OF APRIL 23, 2015 The City Council of Medina, Minnesota met in special session on April 23, 2015 at 9:30 a.m. at the locations noted below in Medina, MN. I. Call to Order Members present: Cousineau, Martin, Mitchell, and Pederson Members absent: Anderson Also present: City Administrator Scott Johnson, Assistant to City Administrator Jodi Gallup, Public Works Director Steve Scherer, City Planner Dusty Finke, and Police Chief Ed Belland. II. 2015 Spring Business Tours Adam's Pest Control — 922 Highway 55 — City Council and staff met with Todd Leyse and Andrea Guy. They provided a tour and information on their business to the City Council. Adam's Pest Control has grown substantially in the last few years and has taken over their entire building after their two leased tenants left. If they continue to grow at their current rate, they will be looking to expand within the next five to ten years. Adam's has recently started a second company that has developed software for pest control. Indoor Auto — 295 Highway 55 — (Mayor Mitchell was unable to attend this business tour) - City Council and staff met with Andrew Kline. Mr. Kline has been open for a few months with his new business Indoor Auto. He specializes in buying one to three year old automobiles and sells them in his indoor lot. Indoor Auto also services cars. Pilates Advantage — 872 Highway 55 - (Mayor Mitchell was unable to attend this business tour) — City Council and staff met with Debra Dodge. Ms. Dodge explained the history of Pilates and the lifelong benefits of practicing a body and mind exercise such as Pilates. She has been open for five years in Medina and offers private and group sessions. III. Adjournment The meeting was adjourned at 11:30 a.m. Bob Mitchell, Mayor Attest: Scott T. Johnson, City Administrator -Clerk Medina City Council Special Meeting Minutes 1 April 23, 2015 This Page Intentionally Left Blank Medina City Council Special Meeting Minutes 2 April 23, 2015 DOCUMENT SYSTEM RECOMMENDATIONS Prepared For: Company Name: Address: Phone: Email: Date: City of Medina 2052 County Road 24 Medina, MN 55340 (763)473-4643 jodi.gallup@ci.medina.mn.us 4/06/15 Prepared By: • Technology Advisor: Phone: Email: Web: Erin O'Kane (651)634-6112 erin.okane@marconet.com www.marconet.com Your trusted technology advisor Marco can help you apply network technology to voice communications, data networking, audio/video systems, and print and document management solutions. marconet.com r- Marco Overview Marco Proposal Established in 1973, Marco is a 100% employee -owned company. We help organizations manage their information by applying network expertise to voice, data, video, and print solutions. We serve customers throughout the Upper Midwest and nationally with offices in Minnesota, Wisconsin, North Dakota, South Dakota, and Iowa. Why Marco? Providing effective document solutions to customers since 1975 Over 460 certified systems engineers and technical representatives Full-time dispatchers and help desk representatives for quick access and response to your service requests Color/software specialists providing implementation and training $1.5 million in parts readily available Real-time dispatching with GPS software Online service requests, supply orders and access to account history Print assessment process to help you assess, plan, measure and manage your organization's printing and document distribution Follow-up survey process since 1994 to ensure customer satisfaction / Corrective Action Request Process ISO/Lean — Standard Work Community Involvement Strategic Partners f- " Marco's Managed Print tServices gives you peace mind. You know you have certified technicians working on the equipment and the cast per print is a lot lower." Jeff DucLos,1T Director St. CLoud Orthopedics Weir i7 7rrrs���ri�1r7��� err pilUi15,17; S).i1�1717�Jri!lf. When you connect with Marco, you benefit from the innovation and resources of our industry leading vendor partners. Together we are committed to helping you connect the right technology to achieve your business goals. Achievements/Awards Perfect—X- imag6 avA,'A D 2013 WINNER qua\JD W `4ti itONICA MINflLTK5 PRO TECH' SERVICE CENTER w F 2014 CJ �L�Cs EXCE\'\' WINNER Att COMMUNITY IRPACPAWARDS V BNNE�s 100 BESTCOMPANIES TO WORK FOR 2M I. TOP Busiminim. Igo BESULACES °RKP`A� TO gvaWORK marconet.com © 2014 Marco. All Rights Reserved. 2 r- Marco recommends the following solutions for your consideration: Document System Options Marco Proposal Option A: Konica Minolta Color Solution 1 - New Konica Minolta C364e Document System (36 ppm) • Single Pass Dual Automatic Document Feeder • Warm -Up Time = 20 Seconds ■ Full Color/B&W Scan Speed = 80opm ■ Up to 12x18 Standard Output Size ■ Total Paper Capacity: 3,650 o (2) 500-Sheet Paper Drawers o (1) 2,500-Sheet Large Capacity Drawer o (1) 150 Multipurpose Bypass Tray ■ Network Capable Scan/Print Board ■ Internal Staple Finisher ■ 2/3 Hole Punch Kit 1 - New Konica Minolta C364e Document System (36 ppm) ■ Single Pass Dual Automatic Document Feeder • Warm -Up Time = 20 Seconds ■ Full Color/B&W Scan Speed = 80opm • Up to 12x18 Standard Output Size ■ Total Paper Capacity: 3,650 o (2) 500-Sheet Paper Drawers o (1) 2,500-Sheet Large Capacity Drawer o (1) 150 Multipurpose Bypass Tray ■ Network Capable Scan/Print Board ■ Internal Staple Finisher ■ 2/3 Hole Punch Kit 1 - New Konica Minolta C224e Document System (22 ppm) ■ Single Pass Dual Automatic Document Feeder ■ Warm -Up Time = 18 Seconds ■ Full Color/B&W Scan Speed = 80opm ■ Up to 12x18 Standard Output Size ■ Total Paper Capacity: 3,650 o (2) 500-Sheet Paper Drawers o (1) 2,500-Sheet Large Capacity Drawer o (1) 150 Multipurpose Bypass Tray ■ Network Capable Scan/Print Board 111111111 marconet.com © 2014 Marco. All Rights Reserved. 3 rr� Option B: Canon Color Solution Marco Proposal 1 - New Canon ImageRunner Advance C5235A Document System (35 ppm) ■ Full Color/B&W Scan Speed = 75opm ■ Up to 12x18 Standard Output Size ■ Total Paper Capacity: 5,000 o (4) 550-Sheet Paper Drawers o (1) 2,700-Sheet Large Capacity Drawer o (1) 100 Multipurpose Bypass Tray ■ Network Capable Scan/Print Board ■ External Staple Finisher ■ 2/3 Hole Punch Kit 1 - New Canon ImageRunner Advance C5235A Document System (35 ppm) ■ Full Color/B&W Scan Speed = 75opm ■ Up to 12x18 Standard Output Size ■ Total Paper Capacity: 5,000 o (4) 550-Sheet Paper Drawers o (1) 2,700-Sheet Large Capacity Drawer o (1) 100 Multipurpose Bypass Tray ■ Network Capable Scan/Print Board ■ Internal Staple Finisher ■ 2/3 Hole Punch Kit 1 - New Canon ImageRunner Advance C2225 Document System (25 ppm) ■ Up to 11x17 Standard Output Size ■ Total Paper Capacity: 2,300 o (4) 550-Sheet Paper Drawers o (1) 100 Multipurpose Bypass Tray ■ Network Capable Scan/Print Board .• .. _• marconet.com © 2014 Marco. All Rights Reserved. 4 rr� Marco Proposal Current Payment Monthly Payment $1,094.05 Mana • ed Account Pro • ram MAP With Marco's Managed Account Program, all you pay for is the number of prints you produce. The following program includes the equipment, service, and supplies (except staples, paper, and network troubleshooting services). The result is a system with the capabilities and features you need — without the administrative headaches. Option A — Konica Minolta Color Solution 1 - New Konica Minolta Color Solutions • 60 Month FMV Lease $1,087.84/Month ■ 17,569 B/W Prints per Month Included ■ 7,340 Color Prints per Month Included ■ Installation & Delivery Included ■ Removal of Current Equipment Included • Savings $6.21/Month ■ Black and White Overages: $.0069/Print • Color Overages: $.049/Print Option B — Canon Color Solution 1 - New Canon Color Solutions • 60 Month FMV Lease $1,339.88/Month ■ 17,569 B/W Prints per Month Included ■ 7,340 Color Prints per Month Included ■ Installation & Delivery Included ■ Removal of Current Equipment Included ■ Black and White Overages: $.0078/Print ■ Color Overages: $.062/Print Additional Options (Either A or B): ■ Additional 2 Drawers add $8.91/Month ■ Large Capacity Drawer add $12.37/Month ■ Internal Staple Finisher add $12.55/Month ■ 2/3 Hole Punch add $17.72/Month ■ Banner Paper Guide add $7.46/Month ■ Fax add $9.89/Month Accepted by: Date: By signing this proposal, you are authorizing Marco, Inc. to order, install, and invoice the above listed equipment. The above pricing does not include applicable sales tax. Prices quoted are subject to change and should be verified before placing your order. marconet.com © 2014 Marco. All Rights Reserved. 5 morco. MAP Agreement APPLICATION NO. 1035246 CONTRACT NO. Meter Reading Contact Person : Managed Account Program Phone: 800.892.8548 i Fax: 800.847.3087 The words User, Lessee, you and your refer to Customer. The words Owner, Lessor, we, us and our refer to Marco, Inc. CUSTOMER INFORMATION FULL LEGAL NAME OF CUSTOMER Medina, City of STREET ADDRESS 2052 Cty Rd 24 CITY STATE Medina MN ZIP 55340 PHONE 763-473-4643 FAX BILLING NAME (IF DIFFERENT FROM ABOVE) BILLING STREET ADDRESS CITY STATE ZIP EMAIL EQUIPMENT LOCATION (IF DIFFERENT FROM ABOVE) EQUIPMENT WITH CONSOLIDATED MINIMUMS Make/Model/Accessories 1. KONICA MINOLTA C364e Serial # Starting Meter Color Starting Meter B&W 2. KONICA MINOLTA C364e 3. KONICA MINOLTA C224e 4. 5. Minimum Payment* $ $606.95 Color Print Allowance B&W Print Allowance 0 0 Excess Print Charge - Color* $0.049000 Excess Print Charge - B&W* $0.006900 EQUIPMENT WITH CONSOLIDATED MINIMUMS 1. 2. 3. 4. 5. Make/Model/Accessories Serial # Starting Meter B&W Minimum Payment* $ B&W Print Allowance Excess Print Charge - B&W* 'plus applicable taxes FREQUENCY OF MINIMUM PAYMENT METER READING FREQUENCY Please Check One: X Monthly Quarterly Semi Annually Annually Please Check One: Monthly Quarterly Semi Annually Annually TERM AND PAYMENT SCHEDULE SUPPLIES COVERAGE LEVELS Term in Months The contract payment ("Minimum Payment') 60 period is monthly unless otherwise indicated. Please Check One: X All Inclusive B&W Inclusive (If none is checked, no supplies will be included) No Supplies Included THIS IS A NONCANCELABLE / IRREVOCABLE AGREEMENT; THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED. OWNER ACCEPTANCE Marco, Inc. X OWNER SIGNATURE TITLE DATE PRIVACY AND INFORMATION SECURITY You acknowledge that the equipment you have received may be equipped with a hard drive that may store personal and confidential information (PCI") and you understand the privacy and information security risks associated with PCI that may be stored on your Equipment. You agree to be responsible for safeguarding any PCI and you agree to indemnify and hold Marco, Inc. harmless from any loss, misappropriation or breach of the PCI that may be stored on your Equipment. Medina, City of X CUSTOMER (as referenced above) SIGNATURE TITLE DATE CUSTOMER ACCEPTANCE By signing below, you certify to Owner that you have received, read, and agree to all terms and conditions on this page and on second of this two -page Agreement. Medina, City of x CUSTOMER (as referenced above) 41-6009009 SIGNATURE TITLE DATE FEDERAL TAX I.D. # PRINT NAME ACCEPTANCE OF DELIVERY You certify that all the Equipment listed above has been received, installed, inspected, and is fully operational and unconditionally accepted. Medina, City of X CUSTOMER (as referenced above) 29683 (2012 v 1) - 4.23.14 SIGNATURE Page 1 of 2 TITLE DATE OF DELIVERY V6.8 1. AGREEMENT: For business purposes only, you agree to rent from us the goods, together with all replacements, parts, repairs, additions, and accessions incorporated therein or attached thereto and any and all proceeds of the foregoing, including, without limitation, insurance recoveries (the "Equipment') and/or agree that you have requested that we finance certain licensed software and services for you ("Financed Items"), which are included in the word "Equipment" unless separately stated), all as described on page 1 of this Agreement, excluding equipment marked as not financed under this Agreement, as it may be supplemented from time to time. You agree to all of the terms and conditions contained in this Agreement and any supplement, which (with the acceptance certification) is the entire agreement regarding the Equipment ("Agreement") and which supersedes any purchase order or invoice. You authorize us to coned or insert missing Equipment identification information and to make corrections to your proper legal name and address. This Agreement becomes valid upon execution by us. Unless otherwise staled in an addendum hereto, this Agreement will renew for 12-month term(s) unless you (a) provide us written notice between 90 and 150 days (before the end of any term) that you want to return the Equipment and (b) you timely return the Equipment in accordance with paragraph 3 of this Agreement. If any provision of this Agreement is declared unenforceable in any jurisdiction, the other provisions herein shall remain in full force and effect in that jurisdiction and all others. 2. RENT, TAXES AND FEES: You agree to pay the amounts payable under the terms of this Agreement (each, a "Payment') when due, plus any applicable sales, use and property taxes. If more than one Minimum Payment is listed on the first page or on the attached Schedule(s), you agree that you are obligated to pay the sum of the Minimum Payments. The Minimum Payment will be adjusted proportionately upward or downward: (1) by up to 10 % to accommodate changes in the actual Equipment cost; (2) if the shipping charges or taxes differ from the estimate given to you; and (3) to comply with the tax laws of the state in which the Equipment is located. If we pay any taxes, insurance or other expenses that you owe hereunder, you agree to reimburse us when we request and to pay us a processing fee for each expense or charge we pay on your behalf. We may charge you for any filing fees required by the Uniform Commercial Code (UCC) or other laws, which fees vary state -to -state. We will have the right to apply all sums, received from you, to any amounts due and owed to us under the terms of this Agreement. If for any reason your check is returned for nonpayment, you will pay us a bad check charge of $30 or, if less, the maximum charge allowed by law. You cannot pay off this Agreement or return the Equipment prior to the end of the term without our consent. If we consent, we may charge you, in addition to the other amounts owed, an early termination fee equal to 5% of the price of the Equipment. We may make a profit on any fees, estimated tax payments and other charges paid under this Agreement. 3. MAINTENANCE AND LOCATION OF EQUIPMENT; SECURITY INTEREST: We are the owner of the Equipment and have sole title to the Equipment (excluding Financed Items). We do not own any software that is included with the Financed Items and cannot transfer any interest in such software to you. We are not responsible for the software or the obligations of you or the licensor under any license agreement. At your expense, you agree to keep the Equipment: (1) in good repair, condition and working order, in compliance with applicable manufacturers' and regulatory standards; (2) free and clear of all liens and claims; and (3) only at your address shown on page 1, and you agree not to move it unless we agree. As long as you have given us the written notice as required in paragraph 1 prior to the expiration or termination of this Agreements term, you agree to return all but not less than all of the Equipment (excluding Financed Items) and all related manuals and use and maintenance records to a location we specify, at your expense, in retail re -saleable condition, full working order and complete repair. You are solely responsible for removing any data that may reside in the Equipment you return, including but not limited to hard drives, disk drives or any other form of memory. You grant us a security interest in the Equipment to secure all amounts you owe us under any agreement with us, and you authorize us to file a financing statement (UCC-1). You will not change your state of organization, headquarters or residence without providing prior written notice to us so that we may amend or file a new UCC-1. You will notify us within 30 days if your state of organization revokes or terminates your existence. 4. COLLATERAL PROTECTION; INSURANCE; INDEMNITY; LOSS OR DAMAGE: You agree to keep the Equipment fully insured against risk of loss, with us as lender's loss payee, in an amount not less than the original cost until this Agreement is terminated. You also agree to obtain a general public liability insurance policy with such coverage and from such insurance carrier as shall be satisfactory to us and to include us as an additional insured on the policy. Your insurance policy(s) will provide for 10 days advance written notice to us of any modification or cancellation. You agree to provide us certificates or other evidence of insurance acceptable to us. If you fail to comply with this requirement within 30 days after the start of this Agreement, we have the option, but not the obligation, to secure property loss insurance on the Equipment from a carrier of our choosing in such forms and amounts as we deem reasonable to protect our interests. If we secure insurance on the Equipment, we will not name you as an insured party, your interests may not be fully protected, and you will reimburse us the premium which may be higher than the premium you would pay if you obtained insurance, and which may result in a profit to us through an investment in reinsurance. If you are current in all of your obligations under the Agreement at the time of loss, any insurance proceeds received will be applied, at our option, to repair or replace the Equipment, or to pay us the remaining payments due or to become due under this Agreement, plus our booked residual, both discounted at 2 % per annum. We are not responsible for, and you agree to hold us harmless and reimburse us for and to defend on our behalf against, any claim for any loss, expense, liability or injury caused by or in any way related to delivery, installation, possession, ownership, use, condition, inspection, removal, return or storage of the Equipment. You are responsible for the risk of loss or for any destruction of or damage to the Equipment. No such loss or destruction of or damage to the Equipment will relieve you from your payment obligations under this Agreement. You agree to promptty no* us in writing of any loss or damage. If the Equipment is destroyed and we have not otherwise agreed in writing, at our election, you will either repair or replace the damaged/destroyed Equipment with comparable equipment acceptable to us, or pay to us (a) all past due amounts and (b) all remaining Payments for the unexpired term, plus our booked residual (both discounted at 2%). Any proceeds of insurance will be paid to us and credited, at our option, against any loss or damage. You authorize us to sign on your behalf and appoint us as your attorney -in -fad to endorse in your name any insurance drafts or checks issued due to loss or damage to the Equipment. All indemnities will survive the expiration or termination of this Agreement. 5. ASSIGNMENT: YOU HAVE NO RIGHT TO SELL, TRANSFER, ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT, without our prior written consent. Without our prior written consent, you shall not reorganize or merge with any other entity or transfer all or a substantial part of your ownership interests or assets. We may sell, assign, or transfer our rights under this Agreement, in whole or in part, without notice. You agree that if we sell, assign or transfer an interest in this Agreement and/or the Equipment hereunder, our assignee will have the same rights and benefits that we have now and will not have to perform any of our obligations. You agree that our assignee will not be subject to any claims, defenses, or offsets that you may have against us. You shall cooperate with us in executing any documentation reasonably required by us or our assignee to effectuate any such assignment. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. 6. DEFAULT AND REMEDIES: You will be in default if: (a) you do not pay the Payment or other sum due to us or any other person when due or if you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or any material agreement with any other lender, (b) you make or have made any false statement or misrepresentation to us, (c) you or any guarantor dies, dissolves or terminates existence, (d) there has been a material adverse change in your or any guarantor's financial, business or operating condition, or (e) any guarantor defaults under any guaranty for this Agreement. If any part of a Payment is more than 5 days late, you agree to pay a late charge equal to: 1) the greater of 5 % of the Payment which is late or $20.00 or 2) if less, the maximum charge allowed by law. If you are ever in default, at our option, we may require that you pay 1) all past due amounts, and 2) all remaining Payments for the unexpired term, plus our booked residual (both discounted at 2 %). We may recover interest on any unpaid amount, from the due date, at the rate of 18 % per year. Concurrently and cumulatively, we may also use any or all of the remedies available to us under Articles 2A and 9 of the UCC and any other law, including requiring that you: (1) at your expense, return the Equipment to us to a location we specify; and (2) immediately stop using any Financed Items. In addition, we will have the right, immediately and without notice or other action, to set-off against any of your liabilities to us any money, including depository account balances, owed by us to you, whether or not due. In the event of any dispute or enforcement of rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. If we have to take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment,'d any, will be credited against the amounts you owe us under this Agreement. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement, in the hands of our assignee, is, or shall be treated as, a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-507 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will not be subject to any penalties. 7. INSPECTIONS AND REPORTS: We will have the right, at any reasonable time, to inspect the Equipment and any documents relating to its use, maintenance and repair. You agree to provide updated annual and/or quarterly financial statements to us upon request. 8. FAXED OR SCANNED DOCUMENTS, MISC.: ff requested, you agree to submit the original duly -signed documents to us along with the facsimile or scanned transmission of the documents. The original of this Agreement shall be that copy which bears your facsimile or original signature, and which bears our original signature. You waive the right to challenge in court the authenticity or binding effect of any faxed or scanned copy or signature thereon. You agree to execute any further documents that we may request to carry out the intents and purposes of this Agreement. All notices shall be mailed or delivered by facsimile transmission or ovemight courier to the respective parties at the addresses shown on this Agreement or such other address as a party may provide in writing from time to time. 9. WARRANTY DISCLAIMERS: YOU AGREE THAT YOU HAVE SELECTED EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND YOU DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US. YOU ARE UNCONDITIONALLY OBLIGATED TO MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. YOU ARE NOT ENTITLED TO REDUCE OR SET-OFF AGAINST AMOUNTS DUE UNDER THIS AGREEMENT FOR ANY REASON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. 10. LAW, JURY WAIVER: Agreements, promises and commitments made by us, concerning loans and other credit extensions must be in writing, express consideration and be signed by us to be enforceable. This Agreement may be modified only by written agreement and not by course of performance. This Agreement will be governed by and construed in accordance with the law of the state of our principal place of business or, if we assign this Agreement, our assignee. You consent to jurisdiction and venue of any state or federal court in the state in which we, or, if we assign this Agreement, our assignee, has its principal place of business and waive the defense of inconvenient forum. For any action arising out of or relating to this Agreement or the Equipment, YOU AND WE WAIVE ALL RIGHTS TO A TRIAL BY JURY. 11. MAINTENANCE AND SUPPLIES: The charges established by this Agreement include payment for the use of the designated Equipment and accessories, and, if indicated by the selection of a Supplies Coverage Level on the first page of this Agreement, maintenance (during normal business hours); inspection, adjustment, parts replacement, drums and cleaning material required for the proper operation. Paper, staples and MICR cartridges must be separately purchased by you. Imager network support on connected Equipment is not included and will be billable at the prevailing hourly rate, at your expense. Supplies for units may or may not be included in this Agreement. If necessary, the service and supply portion of this Agreement may be assigned. If included, the amount payable under this Agreement for supplies is based on the industry standard and the manufacturer estimated yield for black toner and developer based on an average per page coverage of 6 % and for color toner and developer based on an average per page coverage of 20%. In the event that your black toner and developer exceeds the 6 % per page coverage standard and/or your color toner and developer exceeds the 20 % per page coverage, we in our sole discretion reserve the right to increase the amount payable under this Agreement for supplies in order to adjust for any increased toner and developer usage in excess of the industry standard. We may charge you a monthly supply freight fee to help offset our costs of delivering supplies to you. 12. EXCESS CHARGES AND COST ADJUSTMENTS: You agree to comply with our billing procedures including, but not limited to, providing us with periodic meter readings on the Equipment. If we are unable to gather a meter reading from you using your preferred method of collection after 3 attempts, you will be assessed a $3 fee per month per device to collect your reads. If you make more than the applicable allowed prints in any period, you agree to pay us an additional amount equal to the number of excess prints made during such period, multiplied by the applicable Excess Print Charge. At the end of the first 12 months after commencement of this Agreement, and once each successive 12-month period thereafter, we may increase the Minimum Payment and the Excess Print Charge(s) by a maximum of 15 % of the existing Minimum Payment or Excess Print Charge(s). 13. UPGRADE AND DOWNGRADE PROVISION: AFTER COMMENCEMENT OF THE AGREEMENT AND UPON YOUR WRITTEN REQUEST, AT OUR SOLE DISCRETION, WE MAY REVIEW YOUR PRINT VOLUME AND PROPOSE OPTIONS FOR UPGRADING OR DOWNGRADING THE EQUIPMENT TO ACCOMMODATE YOUR BUSINESS NEEDS. 14. TRANSITION BILLING: In order to facilitate an orderly transition, including installation and training, and to provide a uniform billing cycle, the start date of this Agreement (the "Effective Date") will be a date after the certification of acceptance of the Equipment, as shown on the first invoice. The payment for this transition period will be based on Minimum Payment, prorated on a 30-day calendar month, and will be included on your first invoice. 15. SUPPLIES LEVEL COVERAGE INFORMATION: All Inclusive is defined as including all colors (cyan, magenta, yellow and black) of toners, developers, drums and drums kits. B&W Inclusive is defined as only including black toners, black developers, black drums and black drums kits. Cyan, magenta and yellow toners, developers, drums and drums kits are not included. No Supplies Included is defined as not including any toners, developers, drums or drums kits. 29683 (2012 v 1) - 4.23.14 Page 2 of 2 V6.8 FYIC1UCO<‘ City of Medina Addendum Year 1 Year 2 Year 3 Year 4 Year 5 B/W Rate (up to 6% increase annually) 0.0069 0.0073 0.0077 0.0082 0.0087 Color Rate (up to 6% increase annually) 0.049 0.052 0.055 0.058 0.061 B/W Quarterly Expense $ 363.68 $ 384.76 $ 405.84 $ 432.20 $ 458.55 Color Quarterly Expense $ 1,078.98 $ 1,145.04 $ 1,211.10 $ 1,277.16 $ 1,343.22 *Total Estimated Quarterly Expense $ 1,442.66 $ 1,529.80 $ 1,616.94 $ 1,709.36 $ 1,801.77 *Total Estimated Quarterly Expenses are based on 52,707 b/w prints and 22,020 color prints per quarter, and do not include any overage charges that may incur. Marco will not charge the City of Medina a monthly supply freight fee. Initial network installation and machine training is included. Marco Title: Signature: City of Medina Title: Signature: MOUCO. STATE AND LOCAL GOVERNMENT ADDENDUM AGREEMENT NO. Addendum to Agreement # , between Medina, City of as Customer and Marco, Inc., as Lessor. The parties wish to amend the above -referenced Agreement by adding the following language: REPRESENTATIONS AND WARRANTIES OF CUSTOMER: You hereby represent and warrant to us that: (a) you have been duly authorized by the Constitution and laws of the applicable jurisdiction and by a resolution of your governing body to execute and deliver the Agreement and to carry out its obligations hereunder; (b) all legal requirements have been met, and procedures have been followed, including public bidding, in order to ensure the enforceability of the Agreement; (c) this Agreement is in compliance with all laws applicable to you, including any debt limitations or limitations on interest rates or finance charges; (d) the Equipment will be used by you only for essential governmental or proprietary functions of you consistent with the scope of your authority, will not be used in a trade or business of any person or entity, by the federal government or for any personal, family or household use; and your need for the Equipment is not expected to diminish during the term of the Agreement; (e) you have funds available to pay contracted Payments until the end of your current appropriation period, and you intend to request funds to make contracted Payments in each appropriation period, from now until the end of the term of this Agreement; and (f) your exact legal name is as set forth on page one of the Agreement. NON -APPROPRIATION OR RENEWAL: If either sufficient funds are not appropriated to make contracted Payments or any other amounts due under this Agreement or (to the extent required by applicable law) this Agreement is not renewed, this Agreement shall terminate and you shall not be obligated to make contracted Payments under the Agreement beyond the then -current fiscal year for which funds have been appropriated. Upon such an event, you shall, no later than the end of the fiscal year for which contracted Payments have been appropriated, deliver possession of the Equipment to us. If you fail to deliver possession of the Equipment to us, the termination shall nevertheless be effective but you shall be responsible, to the extent permitted by law and legally available funds, for the payment of damages in an amount equal to the portion of contracted Payments thereafter coming due that is attributable to the number of days after the termination during which you fail to deliver possession and for any other loss suffered by us as a result of your failure to deliver possession as required. You shall notify us in writing within seven days after your failure to appropriate funds sufficient for the payment of the contracted Payments or (to the extent required by applicable law) this Agreement is not renewed, but failure to provide such notice shall not operate to extend the Agreement term or result in any liability to you. TITLE TO THE EQUIPMENT: If the selected purchase option for this Agreement is $1.00 or $101.00, unless otherwise required by law, upon your acceptance of the Equipment, title to the Equipment shall be in your name, subject to our interest under this Agreement. The parties wish to amend the above -referenced Agreement by adding the following language: Any provision in the Agreement stating that the Agreement shall automatically renew unless the Equipment is purchased, returned or a notice requirement is satisfied is hereby amended and restated as follows: "This Agreement will renew for month -to -month terms unless you purchase or return the Equipment (according to the conditions herein) or send us written notice at least 30 days (before the end of any term) that you do not want it renewed." Any provision in the Agreement stating that we may assign this Agreement is hereby amended and restated as follows: "We may sell, assign, or transfer this Agreement without notice to or consent from you, and you waive any right you may have to such notice or consent." Any provision in the Agreement stating that you grant us a security interest in the Equipment to secure all amounts owed to us under any agreement is hereby amended and restated as follows: "To the extent permitted by law, you grant us a security interest in the Equipment to secure all amounts you owe us under this Agreement, and you authorize us to file a UCC-1 financing statement." NOTE: A FACSIMILE OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED TO BE AN ORIGINAL. CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. 29692 - 4.23.14 Page 1 of 2 V6.8 Any provision in the Agreement stating that you shall indemnify and hold us harmless is hereby amended and restated as follows: "You shall not be required to indemnify or hold us harmless against liabilities arising from the Agreement. However, as between you and us, and to the extent permitted by law and legally available funds, you shall bear the risk of loss for, shall pay directly, and shall defend against any and all claims, liabilities, proceedings, actions, expenses, damages or losses arising under or related to the Equipment, including, but not limited to, the possession, ownership, lease, use or operation thereof, except that you shall not bear the risk of loss of, nor pay for, any claims, liabilities, proceedings, actions, expenses, damages or losses that arise directly from events occurring after you have surrendered possession of the Equipment in accordance with the terms of the Agreement to us or that arise directly from our gross negligence or willful misconduct." Any provision in the Agreement stating that a default by you under any agreement with our affiliates or other lenders shall be an event of default under the Agreement is hereby amended and restated as follows: "You will be in default if: (a) you do not pay any Payment or other sum due to us under the Agreement when due or if you fail to perform in accordance with the covenants, terms and conditions of this Agreement, (b) you make or have made any false statement or misrepresentation to us, (c) you dissolve, terminate your existence or file bankruptcy, or (d) there has been a material adverse change in your financial, business or operating condition." Any provision in the Agreement stating that you shall pay our attorneys' fees is hereby amended and restated as follows: "In the event of any dispute or enforcement of rights under this Agreement or any related agreement, you agree to pay, to the extent permitted by law and to extent of legally available funds, our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee." Any provision in the Agreement requiring you to pay amounts due under the Agreement upon the occurrence of a default, failure to appropriate funds or failure to renew the Agreement is hereby amended to limit such requirement to the extent permitted by law and legally available funds. Any provision in the Agreement stating that the Agreement is governed by a particular state's laws and you consent to such jurisdiction and venue is hereby amended and restated as follows: "This Agreement will be governed by and construed in accordance with the laws of the state where you are located. You consent to jurisdiction and venue of any state or federal court in such state and waive the defense of inconvenient forum." By signing this Addendum, Customer acknowledges the above changes to the Agreement and authorizes Lessor to make such changes. In all other respects, the terms and conditions of the Agreement remain in full force and effect and remain binding on Customer. Marco, Inc. Medina, City of LESSOR X CUSTOMER X SIGNATURE SIGNATURE TITLE DATE TITLE DATE NOTE: A FACSIMILE OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED TO BE AN ORIGINAL. CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. 29692 - 4.23.14 Page 2 of 2 V6.8 MEDINA POLICE DEP/ MEMORANDUM Agenda Item # 5B 600 Clydesdale Trail Medina, MN 55340-9790 p: 763-473-9209 f: 763.473.8858 non -emergency' 763.525-62I0 Emergency 9-1-1 TO: City Administrator Scott Johnson and City Council FROM: Director Edgar J. Belland DATE: May 11, 2015 RE: Letter of Support for Rumble Strips on Highway 12 The Highway 12 Safety Coalition has requested a letter of support from the City of Medina for the completion of the rumble strips on Highway 12 from County Road 6 to County Road 29. The centerline rumple strips were installed last winter. The letter would go to the Minnesota Department of Transportation supporting the installation of the rumble strips on the fog lines. Since the center rumble strips were installed, we have not had an accident in our portion of Highway 12. I would recommend the completion of the project. Attached is the letter of support for the rumble strips. I would request Council approve of the attached letter. If you have any questions, please contact me. May 5, 2015 Minnesota Department of Transportation 395 John Ireland Blvd. St. Paul, MN 55155-1899 Re: Rumble Strips on Highway 12 To Whom It May Concern: Over the past several years we have experienced several serious personal injury accidents and a fatal accident in 2014 on Highway 12 within the City of Medina. It is the Medina City Council's intention to address this safety issue. We would be in support of having rumble strips installed on our portion of Highway 12 from County Road 6 to County Road 29. It is our intention to make the road as safe as possible for the commuters and our residents. Yours sincerely, Bob Mitchell, Mayor WSB A,,engineering • planning • environmental • construction Memorandum To: Honorable Mayor Mitchell and Medina City Council Members From: Alison Harwood, WSB & Associates, Inc. CC: Dusty Finke, City of Medina Date: April 23, 2015 Re: Tower Drive Improvements Project — Wetland Replacement Plan City Project No. WF-14-050 WSB Project No. 2065-730 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 The Tower Drive Improvements project will result in a total of 0.19 acre of wetland impact to two wetlands. The proposed impacts are from the construction of a filtration basin and stormwater pond to accommodate runoff from the adjacent roadways and commercial areas. Replacement is proposed at a 2:1 ratio through the purchase of 0.38 acre of wetland credit from an approved wetland bank located in Hennepin County. The application was noticed to the Wetland Conservation Act Technical Evaluation Panel on February 23, 2015. Comments were allowed until April 3, 2015. No comments were received during this time. On behalf of the City of Medina, Local Government Unit for the Wetland Conservation Act, I recommend that the City Council approves the wetland replacement plan for the Tower Drive Improvements Project. A Notice of Decision is attached for review and signature. Equal Opportunity Employer wsbeng.com K\02065-730\Admin\Permits\WCA Review\MEMO - Medina Mayor & CC - NOD - 042315.doex Minnesota Wetland Conservation Act Notice of Decision Local Government Unit (LGU) City of Medina Address 2052 Country Road 24 Medina, MN 55340 1. PROJECT INFORMATION Applicant Name Project Name Date of Application Application City of Medina (Steve Scherer) Tower Drive Improvements Project 11/26/2014 Number WF-14-050 (2065-730) A Attach site locator map. Type of Decision: ❑ Wetland Boundary or Type n No -Loss ® Replacement Plan ❑ Exemption ❑ Banking Plan ❑ Sequencing Technical Evaluation Panel Findings and Recommendation (if any): ❑ Approve ❑ Approve with conditions Summary (or attach): No TEP comments were received. ❑ Deny 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: 5/5/2015 ® Approved ❑ Approved with conditions (include below) ❑ Denied LGU Findings and Conclusions (attach additional sheets as necessary): The City of Medina submitted a replacement plan application for wetland impacts resulting from the Tower Drive Improvements project located on a 3.8 acre site located in Section 11, Township 118N, Range 23W, City of Medina, Hennepin County, Minnesota. This site is located south of Highway 55 and north of Hamel Road (see attached map). A total of 0.19 acre of wetland impact is proposed to the following wetlands: Wetland A: 0.02 acre excavation Wetland A: 0.03 acre fill Wetland B: 75.78 square feet excavation Wetland B: 0.14 acre fill Replacement for wetland impacts is proposed at a 2:1 ratio through the purchase of 0.38 acre of wetland credit from Account No. 1310, located in Hennepin County; Watershed 19; BSA 7. BWSR Forms 7-1-10 Page 1 of 3 For Replacement Plans using credits from the State Wetland Bank: Bank Account # Bank Service Area County Credits Approved for 1310 7 Hennepin Withdrawal (sq. ft. or nearest .01 acre) 0.38 ac Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: n Financial Assurance: For project -specific replacement that is not in -advance, a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). n Deed Recording: For project -specific replacement, evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have been filed with the county recorder's office in which the replacement wetland is located. ® Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LGU Authorized Signature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. If additional details on the decision exist, they have been provided to the landowner and are available from the LGU upon request. Name Title Signature Date 5/5/2015 Phone Number and E-mail THIS DECISION ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal (30 days) has expired. If this decision is reversed or revised under appeal, the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of this Notice to the following as indicated: Check one: ® Appeal of an LGU staff decision. Send petition and $500 fee (if applicable) to: City of Medina 2052 County Road 24 Medina, MN 55340 ® Appeal of LGU governing body decision. Send petition and $500 filing fee to: Executive Director Minnesota Board of Water and Soil Resources 520 Lafayette Road North St. Paul, MN 55155 BWSR Forms 7-1-10 Page 2 of 3 4. LIST OF ADDRESSEES ® SWCD TEP member: Stacey Lijewski, Hennepin Conservation District, 701 Fourth Avenue South, Suite 700, Minneapolis, MN 55415-1842 Stacey.Lijewski@co.hennepin.mn.us ® BWSR TEP member: Ben Meyer, Board of Water & Soil Resources, 520 Lafayette Road N., St. Paul, MN 55155 Ben.Meyer@state.mn.us ® LGU TEP member (if different than LGU Contact): Alison Harwood, WSB & Associates, Inc., 701 Xenia Avenue South, Suite 300, Minneapolis, MN 55416 Aharwood@wsbeng.com ® DNR TEP member: Brooke Haworth, Minnesota Department of Natural Resources, 1200 Warner Road, St. Paul, MN 55106 Brooke.haworth@state.mn.us ❑ DNR Regional Office (if different than DNR TEP member) ® WD or WMO (if applicable): James Kujawa, Elm Creek Watershed Management Commission, 701 Fourth Avenue S, Suite 700, Minneapolis, MN 55415 james.kujawa@co.hennepin.mn.us ® Applicant (notice only) and Landowner (if different): Steve Scherer, 2052 Country Road 24, Medina, MN 55340. Steve.scherer@ci.medina.mn.us Alison Harwood, WSB & Associates, Inc., 701 Xenia Avenue South, Suite 300, Minneapolis, MN, 55416, aharwood@wsbeng.com ® Members of the public who requested notice (notice only): Dusty Finke, City of Medina, dusty.finke@ci.medina.mn.us ® Corps of Engineers Project Manager (notice only): Melissa Jenny, U.S. Army Corps of Engineers, 180 Fifth Street East, Suite 700, St. Paul, MN 55101-1678 Melissa.M.Jenny@usace.army.mil ❑ BWSR Wetland Bank Coordinator (wetland bank plan applications only) 5. MAILING INFORMATION ➢For a list of BWSR TEP representatives: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA areas.pdf ➢For a list of DNR TEP representatives: www.bwsr.state.mn.us/wetlands/wca/DNR TEP_contacts.pdf ➢Department of Natural Resources Regional Offices: NW Region: NE Region: Central Region: Southern Region: Reg. Env. Assess. Ecol. Div. Ecol. Resources 2115 Birchmont Beach Rd. NE Bemidji, MN 56601 Reg. Env. Assess. Ecol. Div. Ecol. Resources 1201 E. Hwy. 2 Grand Rapids, MN 55744 Reg. Env. Assess. Ecol. Div. Ecol. Resources 1200 Warner Road St. Paul, MN 55106 Reg. Env. Assess. Ecol. Div. Ecol. Resources 261 Hwy. 15 South New Ulm, MN 56073 For a map of DNR Administrative Regions, see: http://files.dnr.state.mn.us/aboutdnr/dnr regions.pdf ➢For a list of Corps of Project Managers: www.mvp.usace.army.mil/regulatory/default.asp?pageid=687 or send to: US Army Corps of Engineers St. Paul District, ATTN: OP-R 180 Fifth St. East, Suite 700 St. Paul, MN 55101-1678 ➢For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul, MN 55155 6. ATTACHMENTS In addition to the site locator map, list any other attachments: BWSR Forms 7-1-10 Page 3 of 3 Legend Project Boundary Efrgs as •Ro4,,..4.„ hrw,a. 4N.a,ieW Memel. ri4 V.4.,; it �rOhsray Ss Hamel Rd Shawnee Woncle Rd 1.,IsKleka Rodger/re/I hleadovrs Dr ithl 55 - 55 4/4 4, erd'Wvon.. az 0, Evergreen Rd C4,11W3dale T.1 4//‘,5 44/-SaCT-7 Brocir.lo, Ln N , o, Sources: Esri, DeLorme, HERE, USGS, lntermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), TomTom Figure 1: Location Map Tower Drive Improvement Project MEDINA City of Medina, Minnesota 0 750 1,500 Feet A WSB AL & Associates, lac. Document Path: K:\02065-730\GIS\Maps\Site Location.mxd 10+00 3 BUILDING WETLAND IMPACT 75.78 SF CUT WETLAND IMPACT — � � 415.34i, SF CUT i 985 '- — — ,.= � �ga / / -,J //WETLAND IMPACT_ � � --�4� //� 6007.77 SF FILL - -0 �\ �— / P \ � — / HAMEL ROAD 20' PARKING BUILDING // // // // 11+00 WETLAND IMPACT 899.18 SF FILL I I \ � u��-flu` \, � 1 r II l � �/ A \ - �� V \\\ 24' DRIVING 10' BENCH y EL.9800 /\//\L// /i\//,��/,\L,, N„ 3:1 SLOPE // EXISTING 3:1 SLOPE ///ice/i. 3:1 SLOPE 10' ACCESS ROAD EL.979.0 HWL=982.9 NWL=980.0 POND SECTION SECTION A -A //, /\/// // ���/ FILTRATION '\/� \Y �.. /\ /�� BOB SIN 3:1 SLOPE \/\\///, i \// ,�; r errs, /\/\ ,/, �\/\///z/\\\/ \\\ /\%/\\/\\//\\ \\ �6" DRAIN TILE INV=977.8 12" SELECT GRAN. BOT.977.8 10' 10 ACCESS BENCH ROAD 3:1 SLOPE BENCH 12" CLAY LINER (SALVAGED OR VIRGIN) FILTRATION BASIN SECTION SECTION B-B S.A.P. 250-101-001 WETLAND IMPACTS SHEET 37 OF 58 SHEETS Agenda Item # 5D Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2015-## RESOLUTION GRANTING EXTENSION OF TIME TO SUBMIT FINAL PLAT FOR CAPITAL KNOLL AMENDING RESOLUTION 2014-78 WHEREAS, on November 5, 2014, the city of Medina adopted Resolution 2014-78, granting preliminary plat approval to Princeton Capital (the "Applicant") to subdivide property which is legally described in Exhibit A, attached hereto; and WHEREAS, under the terms of said resolution, the final plat was required to be submitted to the City within 180 days or the preliminary plat was to be considered void, unless a written request for time extension is submitted by the Applicant and approved by the City Council, and WHEREAS, the Applicant has requested an extension to meet the terms and conditions of preliminary plat approval and to request final plat approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota, as follows: 1. The application for final plat must be submitted to the City by May 4, 2016 or the preliminary plat shall be considered void, unless a written request for time extension is submitted by the Applicant and approved by the City Council. 2. Except as explicitly stated above, all terms and conditions of Resolution 2014-78 are hereby reaffirmed. Dated: May 5, 2015. Bob Mitchell, Mayor ATTEST: Scott T. Johnson, 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-## May 5, 2015 EXHIBIT A Legal Description of the Property That part of the West Half of the Southwest Quarter of Section 11, Township 118, Range 23, Hennepin County, Minnesota that lies East of the West 689.00 feet thereof and South of the centerline of County Road No. 9. Resolution No. 2015-## 2 May 5, 2015 Agenda Item # 5E Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2015-## RESOLUTION ADOPTING A COMPREHENSIVE PLAN AMENDMENT REGARDING THE STAGING AND GROWTH PLAN AND THE PACE OF DEVELOPMENT WHEREAS, the City of Medina (the "City") has adopted a comprehensive plan pursuant to Minn. Stat. 462.355, 473.175 and 473.851 to 473.871 to regulate development and land use within the community (the "Plan"); and WHEREAS, on January 20, 2015, the City adopted Resolution 2015-13, which approved an amendment to the Plan to amend the Staging and Growth Plan and make other minor changes; and WHEREAS, Resolution 2015-13 stated that the amendment to the Plan shall not become effective until approved by the Metropolitan Council and formally adopted by the City Council; and WHEREAS, on April 27, 2015, the amendment to the Plan was approved by the Metropolitan Council. NOW, THEREFORE, BE IT RESOLVED, by the city council of the City of Medina, Minnesota, that the Comprehensive Plan amendment as identified in Resolution 2015-13 is hereby adopted and in effect. Dated: May 5, 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: (Absent:) Whereupon said resolution was declared duly passed and adopted. Resolution No. 2015-## May 5, 2015 Agenda Item # 8A Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2015- RESOLUTION PROVIDING FOR THE SALE OF $1,765,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2015A WHEREAS, the City Council of the City of Medina, Minnesota has heretofore determined that it is necessary and expedient to issue the City's $1,765,000 General Obligation Improvement Bonds, Series 2015A (the "Bonds"), to finance the 2015 Tower Drive and Hamel Road Improvement Projects in the City; and WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota, as follows: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to assist the [Jurisdiction Type] for the sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at 7:00 P.M. on June 2, 2015, for the purpose of considering proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. Dated: May 5, 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 2015- May 5, 2015 0 LEADERS IN PUBLIC FINANCE EHLERS May 5, 2015 Pre -Sale Report for City of Medina, Minnesota $1,765,000 General Obligation Improvement Bonds, Series 2015A MEDINA Prepared by: Shelly Eldridge Senior Financial Advisor And Stacie Kvilvang Senior Financial Advisor 1 800-552-1171 I www.ehlers-inacom Executive Summary of Proposed Debt Proposed Issue: $1,765,000 General Obligation Improvement Bonds, Series 2015A Purposes: The proposed issue includes financing for 2015 Tower Drive and Hamel Road Improvement Projects. Debt service will be paid from special assessments and tax levy. Authority: The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. Because the City is assessing at least 20% of the project costs, the Bonds can be a general obligation without a referendum and will not count against the City's debt limit. The Bonds will be general obligations of the City for which its full faith, credit and taxing powers are pledged. Term/Call Feature: The Bonds are being issued for a 16 year term. Principal on the Bonds will be due on February 1 in the years 2017 through 2031. Interest is payable every six months beginning February 1, 2016. The Bonds maturing on and after February 1, 2025 will be subject to prepayment at the discretion of the City on February 1, 2024 or any date thereafter. Bank Qualification: Because the City is expecting to issue no more than $10,000,000 in tax exempt debt during the calendar year, the City will be able to designate the Bonds as "bank qualified" obligations. Bank qualified status broadens the market for the Bonds, which can result in lower interest rates. Rating: The City's most recent bond issues were rated Aa2 by Moody's Investors Service. The City will request a new rating for the Bonds. If the winning bidder on the Bonds elects to purchase bond insurance, the rating for the issue may be higher than the City's bond rating in the event that the bond rating of the insurer is higher than that of the City. Basis for Recommendation: Based on our knowledge of your situation, your objectives communicated to us, our advisory relationship as well as characteristics of various municipal financing options, we are recommending the issuance of General Obligation Improvement Bonds as a suitable financing option because this is the most overall cost effective option that still maintains future flexibility for the repayment of debt. Method of Sale/Placement: In order to obtain the lowest interest cost to the City, we will competitively bid the purchase of the Bonds from local and national underwriters/banks. We have included an allowance for discount bidding equal to 1.20% of the principal amount of the issue. The discount is treated as an interest item and Presale Report City of Medina, Minnesota May 5, 2015 Page 1 provides the underwriter with all or a portion of their compensation in the transaction. If the Bonds are purchased at a price greater than the minimum bid amount (maximum discount), the unused allowance may be used to lower your borrowing amount. Premium Bids: Under current market conditions, most investors in municipal bonds prefer "premium" pricing structures. A premium is achieved when the coupon for any maturity (the interest rate paid by the issuer) exceeds the yield to the investor, resulting in a price paid that is greater than the face value of the bonds. The sum of the amounts paid in excess of face value is considered "reoffering premium." The amount of the premium varies, but it is not uncommon to see premiums for new issues in the range of 2.00% to 10.00% of the face amount of the issue. This means that an issuer with a $2,000,000 offering may receive bids that result in proceeds of $2,040,000 to $2,200,000. For this issue of Bonds we have been directed to use the premium to reduce the size of the issue. The adjustments may slightly change the true interest cost of the original bid, either up or down. You have the choice to limit the amount of premium in the bid specifications. This may result in fewer bids, but it may also eliminate large adjustments on the day of sale and other uncertainties. Review of Existing Debt: We have reviewed all outstanding indebtedness for the City and find that there are no refunding opportunities at this time. We will continue to monitor the market and the call dates for the City's outstanding debt and will alert you to any future refunding opportunities. Continuing Disclosure: Because the City has more than $10,000,000 in outstanding debt (including this issue) and this issue is over $1,000,000, the City will be agreeing to provide certain updated Annual Financial Information and its Audited Financial Statement annually as well as providing notices of the occurrence of certain "material events" to the Municipal Securities Rulemaking Board (the "MSRB"), as required by rules of the Securities and Exchange Commission (SEC). The City is already obligated to provide such reports for its existing bonds, and has contracted with Ehlers to prepare and file the reports. Arbitrage Monitoring: Because the Bonds are tax-exempt securities/tax credit securities, the City must ensure compliance with certain Internal Revenue Service (IRS) rules throughout the life of the issue. These rules apply to all gross proceeds of the issue, including initial bond proceeds and investment earnings in construction, escrow, debt service, and any reserve funds. How issuers spend bond proceeds and how they track interest earnings on funds (arbitrage/yield restriction compliance) are common subjects of IRS inquiries. Your specific responsibilities will be detailed in the Tax Certificate prepared by your Bond Attorney and provided at closing. We recommend that you regularly monitor Presale Report City of Medina, Minnesota May 5, 2015 Page 2 compliance with these rules and/or retain the services of a qualified firm to assist you. You have retained Ehlers to assist you with compliance with these rules. Risk Factors: Special Assessments: We have assumed no pre -paid special assessments and we have that the assessments levied as projected. If the City receives a significant amount of pre -paid assessments or does not certify the assessments as projected, it may need to increase the levy portion of the debt service to make up for lower interest earnings than the expected assessment interest rate. Other Service Providers: This debt issuance will require the engagement of other public finance service providers. This section identifies those other service providers, so Ehlers can coordinate their engagement on your behalf. Where you have previously used a particular firm to provide a service, we have assumed that you will continue that relationship. For services you have not previously required, we have identified a service provider. Fees charged by these service providers will be paid from proceeds of the obligation, unless you notify us that you wish to pay them from other sources. Our pre -sale bond sizing includes a good faith estimate of these fees, so their final fees may vary. If you have any questions pertaining to the identified service providers or their role, or if you would like to use a different service provider for any of the listed services please contact us. Bond Attorney: Kennedy & Graven, Chartered Paying Agent: Bond Trust Services Corporation Rating Agency: Moody's Investors Service This presale report summarizes our understanding of the City's objectives for the structure and terms of this financing as of this date. As additional facts become known or capital markets conditions change, we may need to modify the structure and/or terms of this financing to achieve results consistent with the City's objectives. Presale Report City of Medina, Minnesota May 5, 2015 Page 3 Proposed Debt Issuance Schedule Pre -Sale Review by City Council May 5, 2015 Distribute Official Statement: Week of May 18, 2015 Conference with Rating Agency: Week of May 18, 2015 City Council Meeting to Award Sale of the Bonds: June 2, 2015 Estimated Closing Date: June 24, 2015 Attachments Sources and Uses of Funds Proposed Debt Service Schedule Bond Buyer Index Resolution Authorizing Ehlers to Proceed With Bond Sale Ehlers Contacts Financial Advisors: Disclosure Coordinator: Financial Analyst: Shelly Eldridge (651) 697-8504 Stacie Kvilvang (651) 697-8506 Meghan Lindblom (651) 697-8549 Alicia Gage (651) 697-8551 The Official Statement for this financing will be mailed to the City Council at their home address or e-mailed for review prior to the sale date. 0 Presale Report City of Medina, Minnesota May 5, 2015 Page 4 City of Medina, Minnesota $1,765,000 General Obligation Improvement Bonds, Series 2015A Assumes Current Market BQ Aa2 Rates plus 25bps Sources & Uses Dated 06/24/2015 I Delivered 06/24/2015 Sources Of Funds Par Amount of Bonds $1,765,000.00 MSA Funds Park Deduction 471,600.00 70,000.00 Grant 60,000.00 Utility Funds 333,500.00 Total Sources $2,700,100.00 Uses Of Funds Total Underwriter's Discount (1.200%) 21,180.00 Costs of Issuance 41,000.00 Deposit to Project Construction Fund 2,637,000.00 Rounding Amount 920.00 Total Uses $2,700,100.00 Series 2015A GO Imp Bonds I SINGLE PURPOSE 14/21/2015 18:50 AM kar FREERS LEADERS IN PUBLIC FINANCE City of Medina, Minnesota $1,765,000 General Obligation Improvement Bonds, Series 2015A Assumes Current Market BQ Aa2 Rates plus 25bps Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 06/24/2015 - - 02/01/2016 - - 22,180.72 22,180.72 22,180.72 08/01/2016 - 18,398.75 18,398.75 - 02/01/2017 125,000.00 0.950% 18,398.75 143,398.75 161,797.50 08/01/2017 - 17,805.00 17,805.00 02/01 /2018 120,000.00 1.200% 17, 805.00 137, 805.00 155,610.00 08/01/2018 - - 17,085.00 17,085.00 - 02/01/2019 120,000.00 1.400% 17,085.00 137,085.00 154,170.00 08/01/2019 - - 16,245.00 16,245.00 - 02/01/2020 120,000.00 1.550% 16,245.00 136,245.00 152,490.00 08/01/2020 - - 15,315.00 15,315.00 - 02/01/2021 120,000.00 1.750% 15,315.00 135,315.00 150,630.00 08/01/2021 - - 14,265.00 14,265.00 - 02/01/2022 115,000.00 1.900% 14,265.00 129,265.00 143,530.00 08/01/2022 - - 13,172.50 13,172.50 - 02/01/2023 115,000.00 2.050% 13,172.50 128,172.50 141,345.00 08/01/2023 - - 11,993.75 11,993.75 - 02/01/2024 115,000.00 2.150% 11,993.75 126,993.75 138,987.50 08/01/2024 - 10,757.50 10,757.50 - 02/01/2025 115,000.00 2.200% 10,757.50 125,757.50 136,515.00 08/01/2025 - 9,492.50 9,492.50 - 02/01/2026 115,000.00 2.350% 9,492.50 124,492.50 133,985.00 08/01 /2026 - - 8,141.25 8,141.25 - 02/01/2027 115,000.00 2.500% 8,141.25 123,141.25 131,282.50 08/01/2027 - 6,703.75 6,703.75 - 02/01/2028 115,000.00 2.650% 6,703.75 121,703.75 128,407.50 08/01/2028 5,180.00 5,180.00 02/01/2029 115,000.00 2.800% 5,180.00 120,180.00 125,360.00 08/01/2029 - 3,570.00 3,570.00 02/01/2030 120,000.00 2.900% 3,570.00 123,570.00 127,140.00 08/01/2030 - - 1,830.00 1,830.00 02/01/2031 120,000.00 3.050% 1,830.00 121,830.00 123,660.00 Total $1,765,000.00 $362,090.72 $2,127,090.72 Yield Statistics Bond Year Dollars $15,088.90 Average Life Average Coupon Net Interest Cost (NIC) True Interest Cost (TIC) Bond Yield for Arbitrage Purposes All Inclusive Cost (AIC) 8.549 Years 2.3997154% 2.5400834% 2.5369151% 2.3772967% 2.8536924% IRS Form 8038 Net Interest Cost Weighted Average Maturity Series 2015A GO Imp Bonds I SINGLE PURPOSE 14/21/2015 18:50 AM 2.3997154% 8.549 Years 1113111 LEADERS IN PUBLIC FINANCE EHLERS City of Medina, Minnesota $1,765,000 General Obligation Improvement Bonds, Series 2015A Assumes Current Market BQ Aa2 Rates plus 25bps Debt Service Schedule Date Principal Coupon 02/01 /2016 02/01/2017 125,000.00 0.950% 02/01/2018 120,000.00 1.200% 02/01 /2019 120,000.00 1.400% 02/01/2020 120,000.00 1.550% 02/01/2021 120,000.00 1.750% 02/01 /2022 115,000.00 1.900% 02/01/2023 115,000.00 2.050% 02/01/2024 115,000.00 2.150% 02/01/2025 115,000.00 2.200% 02/01/2026 115,000.00 2.350% 02/01/2027 115,000.00 2.500% 02/01/2028 115,000.00 2.650% 02/01/2029 115,000.00 2.800% 02/01 /2030 120,000.00 2.900% 02/01/2031 120,000.00 3.050% Interest 22,180.72 36,797.50 35,610.00 34,170.00 32,490.00 30,630.00 28,530.00 26,345.00 23,987.50 21,515.00 18,985.00 16,282.50 13,407.50 10,360.00 7,140.00 3,660.00 Total P+I 22,180.72 161,797.50 155,610.00 154,170.00 152,490.00 150,630.00 143,530.00 141,345.00 138,987.50 136,515.00 105% of Total 23,289.76 169,887.38 163,390.50 161,878.50 160,114.50 158,161.50 150,706.50 148,412.25 145,936.88 143,340.75 133,985.00 131,282.50 128,407.50 125,360.00 127,140.00 123,660.00 140,684.25 137,846.63 134,827.88 131,628.00 133,497.00 129,843.00 Assessments Levy/(Surplus) 110,852.94 107,685.72 104,518.48 101,351.26 98,184.04 95,016.79 91,849.57 88,682.35 85,515.11 82,347.89 79,180.67 76,013.43 72,846.21 69,678.99 66,511.75 23,289.76 59,034.44 55,704.78 57,360.02 58,763.24 59,977.46 55,689.71 56,562.68 57,254.53 57,825.64 58,336.36 58,665.96 58,814.45 58,781.79 63,818.01 63,331.25 Total $1,765,000.00 - $362,090.72 $2,127,090.72 $2,233,445.26 $1,330,235.20 $903,210.06 Significant Dates Dated First Coupon Date Yield Statistics 6/24/2015 2/01/2016 Bond Year Dollars Average Life Average Coupon Net Interest Cost (NIC) True Interest Cost (TIC) Bond Yield for Arbitrage Purposes All Inclusive Cost (AIC) Series 2015A GO Imp Bonds I SINGLE PURPOSE 14/23/2015 112:17 PM S15,088.90 8.549 Years 2.3997154% 2.5400834% 2.5369151 % 2.3772967% 2.8536924% 0 LEADERS IN PUBLIC FINANCE EHLERS City of Medina, Minnesota $950,168 General Obligation Improvement Bonds, Series 2015A Assessments 5.0% Fixed Rate - Equal Principal Assessments Date Principal Coupon Interest Total P+I 12/31/2016 63,344.54 5.000% 47,508.40 110,852.94 12/31 /2017 63,344.54 5.000% 44,341.18 107,685.72 12/31 /2018 63,344.54 5.000% 41,173.94 104,518.48 12/31/2019 63,344.54 5.000% 38,006.72 101,351.26 12/31/2020 63,344.54 5.000% 34,839.50 98,184.04 12/31 /2021 63,344.53 5.000% 31,672.26 95,016.79 12/31/2022 63,344.53 5.000% 28,505.04 91,849.57 12/31/2023 63,344.53 5.000% 25,337.82 88,682.35 12/31/2024 63,344.53 5.000% 22,170.58 85,515.11 12/31 /2025 63,344.53 5.000% 19,003.36 82,347.89 12/31 /2026 63,344.53 5.000% 15,836.14 79,180.67 12/31 /2027 63,344.53 5.000% 12,668.90 76,013.43 12/31 /2028 63,344.53 5.000% 9,501.68 72,846.21 12/31 /2029 63,344.53 5.000% 6,334.46 69,678.99 12/31 /2030 63,344.53 5.000% 3,167.22 66,511.75 Total $950,168.00 $380,067.20 $1,330,235.20 Significant Dates Filing Date First Payment Date Series 2015A GO Imp Bonds I SINGLE PURPOSE 14/23/2015 112:17 PM 1/01/2016 12/31 /2016 EHLERS LEADERS IN PUBLIC FINANCE Agenda Item # 8B MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: April 24, 2015 MEETING: May 5, 2015 City Council SUBJ: Todd Monger — Animal Structure Setback Variance —1272 Homestead Trail — Public Hearing Review Deadline Complete Application Received: March 17, 2015 Review Deadline: July 14, 2015 Overview of Request Todd Monger had requested a variance to reduce the required setback for a small animal structure from 150 feet to 75 feet. The applicant proposes to house a few miniature goats and potentially chickens on the property, but there are no locations to locate a barn or coop which would meet the required 150 foot setback. The subject site is 2.25 acres in area and includes the home and a detached garage. The property slopes towards Homestead Trail, and is fairly steep along the western side of the property. A small wooded area is located in the southwest portion of the site. There is a grove of pine trees located along the north and northeast which is flatter than the remaining lot. The applicant proposes to place the small barn in this grove. An aerial photograph of the site can be found at the top of the following page. The subject property is zoned Rural Residential (RR). According to the district "Livestock or traditional farm animals are permitted on properties two acres or larger at a maximum density of one animal unit for the first two Grazable Acres of land and one additional animal unit for each Grazable Acre of land thereafter." The subject site includes approximately one Grazable Acre and is 2.28 gross acres in area. The RR district would permit 0.5 animal units to be kept on the site. 0.5 animal units is equivalent to 5 goats (or 50 chickens, or some combination). However, a structure for animals is required to be setback 150 feet from property lines. Because of the shape of the lot, there is no location on the site which could meet this setback. The applicant proposes a small shed no larger than 120 square feet to be set 75 feet from the northern and eastern property lines. The shed would be 244 feet from Homestead Trail. As a condition of the variance, the applicant has suggested a more stringent condition on the number of animal units allowed on the property, perhaps limited to 0.3 animal units. The applicant points out that this sort of arrangement is not unprecedented in the City. The RR1 zoning district requires only a 75 foot setback for animal structures, and places limitations on the number of horses permitted on a property at two. Todd Monger Page 1 of 4 May 5, 2015 Animal Structure Setback Variance City Council Meeting Analysis According to Subd. 2 of Section 825.45 of the City Code, the City is required to consider the following criteria when reviewing a variance request: "Subd. 2. Criteria for Granting Variances. (a) A variance shall only be granted when it is in harmony with the general purposes and intent of the ordinance. (b) A variance shall only be granted when it is consistent with the comprehensive plan. (c) A variance may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Economic considerations alone do not constitute a practical difficulty. In order for a practical difficultly to be established, all of the following criteria shall be met: Todd Monger Page 2 of 4 May 5, 2015 Animal Structure Setback Variance City Council Meeting (1) The property owner proposes to use the property in a reasonable manner. In determining if the property owner proposes to use the property in a reasonable manner, the board shall consider, among other factors, whether the variance requested is the minimum variance which would alleviate the practical difficulty and whether the variance confers upon the applicant any special privileges that are denied to the owners of other lands, structures, or buildings in the same district; (2) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and (3) The variance, if granted, will not alter the essential character of the locality." The applicant argues that the triangular shape of the lot is unique, as is the fact that the lot is uniquely small for a rural lot, having been created prior to more current standards. The applicant argues that the proposed use is reasonable, since animals are permitted on the property but with no place for shelter. The applicant also argues that their proposed animals are more like pets than livestock and that a similar setback would not be required for a dog house. It may be reasonable to find the opposite: the fact that a location for a shelter cannot be found that meets setbacks could suggest that keeping animals on the property is not a reasonable use. Staff does believe that the 150 foot setback was established with larger livestock in mind With the increased interest in urban agriculture, chickens, bees, and similar activities, many communities are currently discussing regulations for smaller -scale situations. For example, perhaps the Planning Commission and City Council would want to discuss reduced setbacks for chicken coops or perhaps shelters for other smaller farm animals (perhaps under 0.5 animal units). Current RR zoning regulations permit a property under 2 acres to have 0.1 animal unit. A parcel under 2 acres could geometrically never accommodate a chicken coop with a 150 foot setback. If the City were to go down this path, it may be that no variance is necessary in this case. Staff believes it could be found that the applicant's argument related to the variance criteria is reasonable and staff does not oppose the variance. The proposed location is surrounded by significant vegetation which should limit impacts on adjoining property. Staff also believes the applicant's suggestion to limit the animal units to 0.3 will help limit impacts. Planning Commission Recommendation The Planning Commission reviewed the requested variance at their April meeting. No one from the public was present for the meeting. Commissioners believed the criteria were met because keeping animals on a parcel this size is permitted and yet the size and shape of the lot left no location for a structure to house the animals. Commissioners did express an interest in reviewing the animal structure setback in order to address this apparent inconsistency. Todd Monger Page 3 of 4 May 5, 2015 Animal Structure Setback Variance City Council Meeting The Planning Commission unanimously recommended approval of the variance subject to the following conditions. 1) The applicant shall allow no more than 0.3 animal units to be kept on the property. 2) The applicant shall not remove any of the vegetation surrounding the proposed animal structure without replacing on an inch:inch basis. 3) The applicant shall utilize the variance within one year of approval, or the variance shall be considered null and void. 4) The applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the variance and other relevant documents. Potential Motion The City Council, in its role as the Board of Appeals and Adjustments, is responsible to hold the public hearing on the proposed variance before considering the request. Following the hearing, if the City Council concurs that the variance criteria are met, the following motion would be in order: Move to direct staff to prepare a resolution approving the variance based upon the findings noted in the staff report and subject to conditions recommended by staff. Attachments 1. Excerpt from DRAFT Planning Commission minutes 2. Document List 3. Applicant Narrative 4. Site Plan received by the City 4/10/2015 Todd Monger Page 4 of 4 May 5, 2015 Animal Structure Setback Variance City Council Meeting Medina Planning Commission Excerpt from DRAFT 4/14/2015 Meeting Minutes Todd Monger —1272 Homestead Trail — Variance from 150 Foot Setback Requirements for an Animal Structure on Rural Residential Zoned Property Finke presented a request from Todd Monger for a variance from the 150 foot setback requirement for an animal structure on rural residential zoned property. He stated that the family would like to have miniature goats and potentially chickens. He stated that there is no area on the site that would meet the required setback because of the shape and topography of the site. He stated that as setup by Code, a lot of this size would be allowed to have animals but would not be able to have anywhere to house them. He stated that an additional condition could be made limiting the number of animals allowed. He identified the proposed location for the animal structure. He stated that the triangular shape of the lot is unique when considering this request. He stated that there is another zoning district area within the City where the setback for animal structures was reduced to 75 feet, with a limitation on the number on allowed animals. He stated that perhaps the Commission should also discuss the inconsistency within the Code, which would allow animals but not animal structures on lots of this size. He stated that staff finds this variance request reasonable. Williams confirmed that notice was sent to the neighboring land owners. Todd Monger, 1272 Homestead Trail, stated that his family moved to Medina a few years ago and love the rural community He stated that his family read an article where goats are used in buckthorn removal and are interested in trying that. He stated that his neighbors are also in support of the request as they have buckthorn they would like removed as well. Albers questioned whether the goats would be left to roam the property. Monger stated that there would be a penned area near the structure. He stated that when using the goats for buckthorn removal they would be tethered or permed. Murrin questioned the number of animals on the property currently. Monger replied that they have six chickens and two cats. He stated that the chickens are kept in a chicken tractor, which moves around the yard for fertilization. He stated that his family has moved to a more organic process since moving to Medina. He confirmed that the goats would be strictly used as pets and for buckthorn removal, with potential for 4H. Williams opened the public hearing. No comments made. Williams closed the public hearing. White commented that a limit should be placed on the number of animals. Motion by Murrin, seconded by Foote, to recommend approval of the variance based upon the findings noted in the staff report and subject to the conditions recommended by staff, with the requirements that the animal limit be set to .3. Motion approved unanimously. (Absent: Nolan and Reid) White stated that she believed the animal ordinance should be considered in the future. Williams also agreed that the use of metal for accessory structures should be discussed by the Commission in the future. 1 Project: LR-15-156 — Monger Variance The following documents constitute the complete record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant: Document Received Date Document Date # of pages Electronic Paper Copy? Notes Application 3/13/2015 3/13/2015 4 Application Y Fee 3/13/2015 1 Fee Y $1000; From "CrossVision" Mailing Labels 3/17/2015 3/16/2015 5 Labels Y Narrative and Sketches 3/13/2015 3/10/2015 1 Narrative Y Site Plan 3/16/2015 1 Site Plan Y Site Plan — Updated 4/10/2015 4/10/2015 1 Site Plan — 4-10-2015 Y Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes City Attorney Email 3-23-2015 1 Legal Comments Planning Commission Report 4-7-2015 9 9 pages including attachments Public Comments Document Date # of pages Electronic Excerpt from Planning Commission minutes 4/14/2015 1 City of Medina Variance Application Narrative 3/10/2015 Property/Owner: Todd Monger 1272 Homestead Trail Medina MN 55356 The applicant is the owner of an irregularly -shaped rural residential [RR] lot. The shape of the lot is triangular with no perpendicular side lot lines. The applicant wishes to introduce 2-3 miniature goats for the function of family pets, but does not meet the zoning requirements of a 150 foot setback for the livestock housing structure. This property was purchased in 2013 with current property dimensions now creating "practical difficulties in complying with the zoning ordinance." Currently the property meets the City of Medina's code to allow for up to 5 goats on the 2.28 acres, however, because of the unique shape of the property I cannot establish any place on this land for a small structure to house desired goats. I would like to utilize the back east corner of the property to maximize both the space allocation and the protection of the established grove to maintain the aesthetics of introducing a small shed and enclosure onto the property. Additionally, the entire property is considerably sloped thus this identified location is ideal for both its more level ground and appropriate run off during rain/snowfall. The structure is to be 120 square feet, with an estimated footprint of 120 square feet or less, and no more than eight feet in height. See site plan and aerial map. Property line Grove North 75 ft The purpose of the goats is to provide further experience in the rural area for my two daughters to engage in unique animal care and experience. My eldest daughter has considerations to explore 4-H projects and we believe dwarf or miniature goats would be a great project and experience for her. I would like the City Board to consider a 75 foot setback variance and I would be open to an adjustment of reducing our maximum livestock number of 5 goats down to 3 if this may help in the decision making process. In consultation with the City Planning Staff, it was brought to my attention that there already exists a 75 foot setback allotment in another zoning district, "Hunter Farms," due to lot shape and thus I would like this to be considered as a comparable adjustment due to my hardship. "Hunter Farms" includes Carriage Drive, Bridal Path Trail, and Red Fox Drive. Respectfully submitted, Site Plan: Todd and Katie Monger 1272 Homestead Trail Site Plan is approximate, applicant to verify 75 foot setback prior to placing shed. Topography provided by MnDNR LiDAR Agenda Item # 8C NORTHWEST ASSOCIATED CONSULTArrIa, ��v... 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plannersiranacplanning.com PLANNING REPORT To: Medina Mayor and City Council From: Nate Sparks Date: April 28, 2015 Re: Villas at Medina Country Club Final Plat File No: LR-15-154 Application Date: Review Deadline: March 11, 2015 May 10, 2015 BACKGROUND / GENERAL PROJECT DESCRIPTION The Villas of Medina LLC and the Medina Golf and Country Club have made an application for a final plat for the Villas at Medina Country Club. It is related to the General Plan Planned Unit Development & Preliminary Plat to develop the northern and western edges of the golf course that received preliminary approval from the City Council on January 6, 2015. The plat proposes 43 residential parcels, 35 of which are to access off of a new road that enters the site from County Road 116 and then runs north to Shawnee Woods Road. The remaining 8 units are proposed to access directly off of Shawnee Woods Road, which the applicant proposes to reconstruct easterly from the point the southern access road connects. A park is proposed in the northeast corner of the site. The golf course property is being replatted as part of the final plat, as well. SUBJECT SITE The subject site is the Medina Golf and Country Club, east of County Road 116, north of Highway 55 and south of Shawnee Woods Road. The golf course consists of four separate parcels in Hennepin County records. The entirety of the golf course property totals about 226 acres. The applicant is proposing to plat all four properties. About 207 acres are being platted as a single parcel to contain the golf course. The new residential portion of the site is about 19 acres in size and will be platted into 43 individual residential lots. The project is bounded by the golf course to the south and east. A bermed outlot is proposed adjacent to County Road 116. The Foxberry Farms neighborhood is located across County Road 116. Across Shawnee Woods road is property guided for a Low Density Residential land use, but currently developed with rural lots approximately 5 acres in size. To the north on the west side is the property preliminarily platted as "Woods of Medina." PLANNED UNIT DEVELOPMENT — FINAL PLAN The proposed plat will be zoned as PUD, Planned Unit Development. The rezoning is effective upon recording of the final plat. The PUD will allow for the proposed residential development plan and the continuation of the golf course use. The final PUD plan has been provided with the following: Proposed Lots & Buildings The proposed preliminary plat was divided into four blocks. Block 1 was the largest number of units (28) on the western side of the property. Block 2 were the lots in the north on the western side. Block 3 was in the north central. Block 4 was the golf course. Since that time, the applicant has renumbered the plat and the lots are numbered 1 through 44. The proposed final plat is generally consistent with the approved preliminary plat Block 1— Lots 1-28 There are 28 proposed lots within the former Block 1 that are generally similar to the City's R2 standards of 60 feet in width, 90 feet in depth, and 8000 square feet in area. The PUD plan deviates from the R2 standards by having lots that are slightly less than 60 feet wide. There are also side loaded garages that are reduced to 14 feet from the right-of-way. The typical R2 standard requires a 20 foot setback for side loaded garages. With the 50 foot wide right-of-way and the 30 foot wide street, this would result in the buildings being 24 feet from the actual public roadway surface. The side and rear yard setbacks are consistent with R2 standards. The driveways to the side loaded garages in "Block 1" are between 1 and 3 feet to the property lines. The City's driveway ordinance in Section 400.11 allows for side loaded garages to have driveway setbacks of 5 feet to the property line provided the driveway is not within a drainage and utility easement. In this case, the driveway is proposed within the easement. A waiver is necessary for this type of alignment and was part of the PUD approval. Block 2 — Lots 30-36 The parcels in "Block 2" are proposed to be over 75 feet wide and about 100 feet in depth or more. The parcels are all over 10,000 square feet in size. The PUD plan depicts houses that are setback from the sides 5 feet on the garage side and 10 feet on the other, consistent with R2 district standards. The front setback (to garage) is proposed at 25 feet. The R2 District requires a 30 foot setback to street facing garages. The impervious surfaces appear to be about 30 — 35%, which meets district standards. The houses provided for these lots are the "Slab on Grade Villas" with street facing garages. Three of these parcels are proposed as `slab on grade' while four are not. Block 3 — Lots 37-44 The proposed lots in "Block 3" will be across Shawnee Woods Road from existing rural residential property. These parcels are similar to the City's standard Rl lots that are required to be 90 feet wide, 100 feet deep, and 11,000 square feet in area. The houses intended for this block are the "Villa Custom Home." The parcels are proposed with a front yard setback of 25 feet to the garage. The R1 District requires a 30 foot setback to street facing garages. The proposed side yard setbacks are 10 feet. The Rl District requires a minimum side yard setback of 10 feet with an aggregate of 25 feet. The Council required a 35 foot setback for the interior lots (38- 43) in this portion of the plat. Block 4 — Lot 29 Lot 29 is the golf course lot. It contains the course and club house. The uses present on this parcel are permitted in the same manner as in the Public -Semi -Public Zoning District. Outlot A The applicant is proposing a berm in Outlot A adjacent to County Road 116. The berm generally starts 10 feet from the surface of the road and extends to about four to six feet in height above grade. There is a screening fence proposed on the berm and plantings. Outlot B This outlot is the parkland in the northeastern portion of the plat. 2 Water Resources There are several wetlands on the site. The buffers plantings will need to be provided as required by Section 828.43 of the Zoning Ordinance. The City Engineer's Office has reviewed the wetlands and the buffer locations and found them to be acceptable. The applicant will need to provide upland buffer easements. There is stormwater ponding being proposed on the golf course. There will need to be the proper rights of access and easements to ensure proper maintenance. The agreements will need to be provided and the proper easements will need to be placed over these features. This is a condition of the developer's agreement. Many of the lots have both a foundation drain system and a backyard drain system. This may be an acceptable arrangement provided the system is constructed properly and there is sufficient access. Park Dedication The applicant is proposing a nature park of about 9 acres in size as Outlot B to be dedicated to the City. This proposal satisfies the park dedication requirement for the Villas lots. Additional park dedication will be required if the remainder of the golf course is redeveloped. FINAL PLAT REVIEW Section 820.23 states the purpose of a final plat review is to confirm consistency with the preliminary plat approval. The following conditions of approval were placed on the preliminary plat: 1. The Property shall be zoned PUD, with the exception of the proposed City parkland, which shall remain Public/Semi-Public. Comment: The rezoning will go into effect upon recording of the final plat. 2. The Developer shall install all improvements shown on the plans received by the City on November 5, 2014 and November 18, 2014 unless modified herein. The Developer shall submit final construction plans for review and approval by the City Engineer prior to any construction. Comment: The applicant has submitted revised plans. The City Engineer's comments are attached. 3. The Developer shall provide to a City a letter of credit prior to any site construction in an amount recommended by the City Engineer to ensure completion of the required improvements. Comment: The letter of credit requirements are represented in the Developer's Agreement. 4. The Developer shall update the plans so that the curb on the north side of Shawnee Woods Road are placed no further north than the edge of the gravel. Comment: The applicant has shifted the location of the road. 5. The Developer shall update plans to increase the width of the sidewalk between County Road 116 and Block 3 as recommended by the Public Works Director. Comment: The applicant revised the plan in consultation with the Public Works Director and City Engineer. 6. The north side of Shawnee Woods Road shall be signed for no parking. 7. Association documents shall be provided for review and approval by the City Attorney. 3 8. Wetland buffer planting plans shall be provided for review and approval by the City Planner. Comment: These conditions remain in effect, and are recommended on the attached resolution. 9. The buffer yard planting plan shall be revised to meet the standards of Section 828.31 including but not limited to, minimum plantings on the exterior of the fence. Comment: The applicant has revised the landscaping plan. 10. The tree inventory shall include the trees within the Shawnee Woods Road right-of-way. Tree calculations related to the City's tree preservation ordinance shall include these trees. Comment: This information has not been provided. The condition remains in effect and will need to be accomplished before the City signs the plat 11. Two trees on each lot consistent with R1 and R2 District standards shall be provided for in the landscaping plan. Comment: There are trees proposed in the front yard of each lot. In the planting schedule some are listed by height instead of diameter. The trees will need to meet the minimum standards of the R1 and R2 District requirements of 2" in diameter when planted at the time of the building permit for the house. For the narrower lots in "Block 1" one of the front trees may be moved to the rear of the lot, if practical. 12. The landscaping plan shall be revised to include additional maple, basswood, and oak trees. Comment: The plan was amended to include 11 additional linden (basswood) trees and 3 maples. Six oak trees were removed from the plan that were in the rear of the residential lots in Block 1. Seven of the additional linden and maple trees were placed on the outside of the fence on the berm along the County Road. The Council should determine if this meets the intent of this condition. 13. Ponds in the golf course used for drainage by this development will require access easements and maintenance agreements satisfactory to the City. Tree removal related to these pond improvements shall be incorporated in the tree calculations related to the City's tree preservation ordinance. Comment: The applicant states there is no additional tree removal for the improvements. The easements are required and subject to review and approval of the City Attorney as stated in the Developer's Agreement. 14. The final design of the street and trail in the northwest corner of the site shall be subject to review and approval by the City Engineer. Comment: The City Engineer has reviewed the trail alignment in the northwest corner. 15. All comments from the City Attorney, City Engineer, and Hennepin County shall be addressed. 16. The Applicants shall enter into a development agreement with the City, which shall include the conditions described in this approval as well as other requirements by City ordinance or policy. 17. No lawn or landscape irrigation systems shall be permitted to be connected to the City water system and this regulation shall be disclosed to prospective buyers. The Applicant shall provide details of alternative irrigation measures prior to construction, if such a system is proposed. 18. The Developer shall obtain necessary approvals and permits from the Elm Creek Watershed District, Hennepin County, the Minnesota Pollution Control Agency, the Minnesota Depai talent of Health, the Metropolitan Council, and other relevant agencies. 4 Comment: These conditions remain in effect, and are recommended on the attached resolution. 19. The application for final plat shall be submitted to the City within 180 days of preliminary approval or the preliminary plat shall be considered void, unless a written request for time extension is submitted by the Developer and approved by the City Council. Comment: The applicant has met this deadline. 20. The Developer shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the Planned Unit Development, preliminary plat, construction plans, and other relevant documents. Comment: This condition remains in effect, and is recommended on the attached resolution. RECOMMENDED ACTION City Staff finds that the proposed final plat is generally consistent with the approved preliminary plat. Staff recommends approval of the Final Plat with the conditions noted on the attached resolution. If the Council finds that the Final Plat is consistent with the approved preliminary plat and meets the relevant conditions, the following motion would be in order: Motion to adopt the Resolution Approving a Final Plat for The Villas at Medina Country Club. Staff also recommends approval of the attached Development Agreement in which case the Council could approve the following motion: Motion to approve the Development Agreement by and between the City of Medina and Villas of Medina LLC and to direct the Mayor and City Administrator -Clerk to execute the agreement. Attached Exhibits: A — Final Plat Resolution B — Development Agreement C — List of Documents D — City Engineer's Memo E — Applicant's Narrative F — Final Plat & Plans 5 Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2015- RESOLUTION APPROVING THE FINAL PLAT OF VILLAS AT MEDINA COUNTRY CLUB WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Fairways of Rolling Green Limited Partnership (the "Owner") owns property in the City (the "Property") which is legally described as: The Southwest Quarter of Section 1, Township 118, Range 23, Hennepin County, Minnesota, which lies east of the West 40 feet of said Southwest Quarter. and That part of the Northeast Quarter of the Northwest Quarter of Section 12, Township 118, Range 23, lying Easterly of the most easterly line of Lot 3, Auditor's Subdivision Number 241, Hennepin County, Minnesota, and the northerly extension of said most easterly line to the north line of said Northeast Quarter of the Northwest Quarter. and That part of the north half of the Northwest Quarter of Section 12, Township 118, Range 23, described as follows: Beginning at the northwest corner of said north half of the Northwest Quarter; thence east along the north line of said north half of the Northwest Quarter to the northerly extension of the most easterly line of Lot 3, Auditor's Subdivision Number 241, Hennepin County, Minnesota; thence southerly along said northerly extension of the most easterly line to the most northerly line of Alpana Second Addition; thence westerly along said most northerly line and its westerly extension to the west line of said north half of the Northwest Quarter; thence north along said west line to the point of beginning, which lies east of the west 40 feet of said north half of the Northwest Quarter.; and WHEREAS, Villas of Medina LLC (the "Developer") has made an application for a final plat for the Property; and WHEREAS, the Owner and Developer are collectively referred herein as the "Applicants"; and Resolution No. 2015- May 5, 2015 WHEREAS, on January 6, 2015, the City granted preliminary plat approval to the Applicants for a planned unit development of the Property with 43 residential units in addition to the existing golf course, country club, and accessory buildings and uses; and WHEREAS, the City Council reviewed the final plat at the May 5, 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 Villas at Medina Country Club, subject to the following terms and conditions: 1. The lots within the subdivision shall be subject to the Planned Unit Development General Plan as described in Ordinance 573. 2. The Applicants 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. 3. The Developer shall address the comments of the City Engineer in the letters dated April 22, 2015. 4. Home owner association documents shall be recorded against the lots as approved by the City in order to address required maintenance of storm ponds, wetlands, upland buffers, buffer yards, landscaping, common open space, and irrigation. 5. The Developer shall provide the City a letter of credit as required by City ordinances to ensure completion of the proposed subdivision improvements. 6. The Developer shall install the improvements within the Property as shown on the plans dated April 7, 2015, except as modified herein. 7. Landscaping shall be provided in a manner consistent with the plan dated March 5, 2015, except as modified herein. 8. The Property shall be subject to current City regulations related to lawn and landscaping irrigation. Irrigations systems with the subdivision shall not be connected to the City Water Supply System. 9. The Developer shall provide upland buffer easements and install vegetative upland buffers adjacent to wetlands as well as required signage consistent with the City wetland preservation ordinance. 10. The tree inventory shall include the trees within the Shawnee Woods Road right-of-way and in the location of any grading on proposed Lot 29. Tree calculations related to the Resolution No. 2015- May 5, 2015 City's tree preservation ordinance shall include these trees. This information shall be provided prior to the Mayor and City Administrator -Clerk executing the plat. 11. Two trees shall be provided for each lot in the landscaping plan. One of the two required front yard trees may be placed in the rear of the lot. 12. Ponds in the golf course used for drainage by this development will require access easements and maintenance agreements. 13. Park dedication requirements for development of the 43 residential lots are satisfied by the dedication of Outlot B and the proposed improvements shown on the plans. No park dedication is being collected for Lot 29, containing the golf and country club improvements. 14. All comments by the City Attorney related to title issues and recording procedures shall be followed. 15. The Developer shall obtain necessary approvals from Hennepin County and install turn lane improvements on County Road 116 at Meander Road. 16. 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 submitted by the Applicant within said 120 days and approved by the City Council for good cause. 17. 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. Dated: May 5, 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- May 5, 2015 PLANNED UNIT DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MEDINA AND VILLAS OF MEDINA, LLC FOR THE VILLAS AT MEDINA COUNTRY CLUB This document drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 (RHB) 460289v7 RHB ME230-606 TABLE OF CONTENTS PAGE 1. Right to Proceed 1 2. Plans; Improvements; Subdivision Density 2 3. Erosion Control 3 4. Site Grading; Haul Routes 3 5. Construction of Subdivision Improvements 4 6. Streets 5 7. Sanitary Sewer and Water Improvements 6 8. Stormwater Improvements 6 9. Landscaping Plan; Landscape Irrigation System 7 10. Street Lighting and Signs 8 11. Letter of Credit 8 12. Homeowners' Association 9 13. Upland Buffer Easement 10 14. PUD Zoning 10 15. City Trunk Connection Rates; SAC Fees 10 16. Park Dedication Requirements 10 17. Tree Replacement 10 18. Responsibility for Costs; Escrow for Construction Inspection 10 19. Developer's Default 11 20. Insurance 11 21. Floodplain Regulations 11 22. No Building Permits Approved; Certificates of Occupancy 12 23. Clean up and Dust Control 13 24. Model Homes 13 25. Compliance with Laws 13 26. Agreement Runs With the Land 13 27. Indemnification 13 28. Assignment 13 29. Notices 13 30. Severability 14 31. Non -waiver 14 32. Counterparts 14 SIGNATURES 15-16 Consent 17 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G LEGAL DESCRIPTION OF PROPERTY LIST OF PLAN DOCUMENTS FORM OF STORMWATER MAINTENANCE AGREEMENT SUBDIVISION IMPROVEMENT COST ESTIMATE LIST OF UNRECORDED ENCUMBRANCES OR INTERESTS FORM OF UPLAND BUFFER EASEMENT AGREEMENT FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT 460289v7 RHB ME230-606 1 This planned Unit 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 Villas of Medina, LLC, a Minnesota limited liability company (the "Developer"). WITNESSETH: WHEREAS, Fairways of Rolling Green Limited Partnership, a Minnesota limited liability partnership (the "Owner") is the fee owner of the real property legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, the City has rezoned the Property to Planned Unit Development ("PUD") and made the Property subject to the Villas at Medina County Club Planned Unit Development General Plan (the "PUD General Plan"); and WHEREAS, the Developer intends to develop a portion of the Property for single-family residential purposes in a subdivision which will include 431ots (the "Subdivision"); and WHEREAS, the Owner has leased a portion of the Property to Medina Golf and Country Club ("the Club") for use as a golf club which use is allowed as outdoor recreation under the City's comprehensive plan; and WHEREAS, the Owner and the Developer have requested preliminary and final approval of the plat to be known as The Villas at Medina Country Club; and WHEREAS, approval of the PUD General Plan and approval of the plat of The Villas at Medina Country Club 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 Subdivision until all the following conditions precedent have been satisfied: a) the final plat of The Villas at Medina Country Club has been filed with Hennepin County; b) this Agreement has been executed by the Developer and the City; c) the required Letter of Credit (as hereinafter defined) has been received by the City from or on behalf of the Developer; d) final engineering and construction plans in digital form have been submitted by the Developer and approved by the City engineer; e) the Developer has reimbursed the City for all legal, engineering and administrative expenses incurred to date by the City regarding the 460289v7 RHB ME230-606 1 Subdivision and has given the City the additional escrow required by section 18 of this Agreement; f) the Developer and the City have entered into an agreement in a form acceptable to the City to maintain certain stormwater management facilities as identified on Exhibit C; g) the Developer has executed the Upland Buffer Easement Agreement in the form attached hereto as Exhibit F; h) the Developer has submitted the storm sewer improvement tax district and landscape irrigation system disclosure statements required by sections 8 and 9, respectively, of this Agreement; i) the Developer has provided a warranty deed for Outlot B required by section 16 of this Agreement; j) the Developer has submitted and the City has approved the certified grading plan; k) all erosion control measures are in place; 1) 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 Subdivision; m) the Developer has submitted the easements over the Property provided for in section 8c), 9b), and 13b) of this Agreement and the City has determined them to be satisfactory in form and substance; n) the Developer or the Developer's engineer has initiated and attended a preconstruction meeting with the City engineer and staff; and o) the City has issued a notice that all conditions precedent have been satisfied and that the Developer may proceed. 2. Plans; Improvements; Subdivision Density. a) The Developer agrees to develop the Subdivision in accordance with the General Plan of Development for the Villas at Medina Country Club Planned Unit Development and City resolution 2015- approving same and the approved final plat and the terms and conditions of City resolution 2015- (collectively, the "City Approvals"). The City Approvals are hereby incorporated by reference into this Agreement and made a part hereof The Developer also agrees to construct all required improvements within the Subdivision in accordance with the approved engineering and construction plans (collectively, the "Plans"). In the event of a conflict between the terms of the City Approvals and this Agreement, this Agreement shall control. The documents which constitute the Plans are those on file with and approved by the City and are listed on Exhibit B attached hereto. The Plans may not be modified by the Developer without the prior written approval of the City. b) In developing the Subdivision in accordance with the Plans, the Developer shall make or install at its sole expense the following public and private improvements (collectively, the "Subdivision Improvements"): 1. site grading, including retaining walls; 2. streets; 460289v7 RHB ME230-606 2 3. sanitary sewer; 4. municipal water distribution system; 5. stormwater facilities; 6. landscaping 7. private landscape irrigation system; and 8. street lighting, signage, and boulevard landscaping. c) All work performed by or on behalf of the Developer on or related to the construction of the Subdivision 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 houses within the Subdivision shall be restricted to the hours of 7:00 a.m. through 8:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday and Sunday. 3. Erosion Control. a) All construction regarding the Subdivision Improvements shall be conducted in a manner designed to control erosion and in compliance with all City ordinances and other requirements, including the City's permit with the Minnesota Pollution Control Agency regarding municipal separate storm sewer system program dated Before any portion of the Property is rough graded, an erosion control plan shall be implemented by the Developer as approved by the City. The City may impose reasonable, additional erosion control requirements after the City's initial approval, if the City deems such necessary due to imminent risk of uncontrolled erosion. 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 erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems reasonably appropriate to control erosion based on the urgency of the situation. The City agrees to provide reasonable notice to the Developer in advance of any proposed action, including notice by telephone or email in the case of emergencies, but limited notice by the City when emergency 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 it incurs in connection with any action it takes to control erosion. No grading or construction of the Subdivision Improvements will be allowed and no building permits will be issued within the Subdivision unless the Developer is in full compliance with 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 or adjacent areas shall be binding on the Developer and its successors and assigns. 4. Site Grading; Haul Routes. a) In order to construct the Subdivision Improvements and otherwise prepare the Property for development, it will be necessary for the Developer to grade a portion of the Property based on the approved plans and specifications for 460289v7 RHB ME230-606 3 the Subdivision. All site and other grading must be done in compliance with the Plans. The City may withhold issuance of a building permit for any structure within the Subdivision until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City. Within 30 days after completion of the grading, 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. b) The Developer agrees that any fill material and construction traffic which must be brought to or removed from the Property while grading or during construction of the Subdivision Improvements or any buildings within the Subdivision will be transported using the haul route established by the City. The City designates Shawnee Woods Road adjacent to Lots 37 through 44, Block 1 to Fairway Driveway Drive (within the Subdivision) to Co. Rd. 116 to T.H. 55 as the haul route. 5. Construction of Subdivision Improvements. a) All Subdivision Improvements shall be installed in accordance with the Plans, this Agreement, the City's subdivision regulations, the City's engineering standards (as hereinafter defined) for utility construction and the requirements of the report from the City engineer dated . The Developer shall submit plans and specifications for the Subdivision 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 Subdivision before proceeding with construction. The Developer shall also comply with the requirements of the letter from the Elm Creek Watershed Management Commission dated March 6, 2015. The City shall inspect all work at the Developer's expense. The Developer, its contractors and subcontractors, shall follow all reasonable 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 Subdivision Improvements, the Developer shall supply the City with a complete set of reproducible "as constructed" plans and three complete sets of paper "as constructed" plans, each prepared in accordance with City standards and in 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 10.3 in the coordinates and with the attributes directed by the City engineer. Iron monuments must be installed in the Subdivision in accordance with state law. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. All Subdivision Improvements required by this Agreement shall be completed by no later than November 30, 2015, except as specifically noted otherwise in this Agreement. c) The Developer agrees to require its contractor to provide to the City a warranty bond for the Subdivision Improvements described in elements 2, 3, 4, 5, 6 and 8 of paragraph 2(b) of this Agreement, with each bond to cover defects in labor and materials for the applicable Subdivision Improvements for a period of two years from the date of their acceptance 460289v7 RHB ME230-606 4 by the City or from their completion if they are not to be dedicated to the City. During such period, the Developer agrees to repair or replace any Subdivision Improvement, or portion or element thereof, which shows signs of failure, normal wear and tear excepted. A decision regarding whether a Subdivision Improvement shows signs of failure shall be made by the City in the reasonable exercise of its judgment following consultation with the Developer. If the defective Subdivision Improvement is not repaired or replaced by means of the warranty bond or if Developer otherwise fails to repair or replace a defective Subdivision Improvement during the warranty period after prior written notice to Developer and opportunity to cure as provided in paragraph 19, 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 reasonable cost of all Subdivision Improvement repairs or replacement if the cost thereof exceeds the remaining amount of the Letter of Credit. Such reimbursement must be made within 45 days of the date upon which the City notifies the Developer of the cost due under this section. If the Developer fails to make required payments to the City, the Developer hereby consents to the City levying special assessments for any unreimbursed amount associated with such costs against the lots within the Subdivision except those which have been sold to homeowners. The Developer, on behalf of itself and its successors and assigns, acknowledges the benefit to the lots within the Subdivision of the repair or replacement of the Subdivision Improvements and hereby consents to such assessment and waives the right to a hearing or notice of hearing or any appeal thereon under Minnesota Statutes, Chapter 429. d) No building permit shall be issued for structures within the Subdivision until adequate street access and sanitary sewer and water are available to the lot in question. If building permits are issued prior to the completion and acceptance of all Subdivision Improvements serving any lot, the final wear course of bituminous excepted, the Developer assumes all liability and costs resulting in delays in completion of the Subdivision Improvements and damage to the Subdivision Improvements caused by the City, the Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No temporary or permanent certificate of occupancy shall be issued for any structure within the Subdivision until all streets, except for the final wear course of bituminous, and all utilities have been completed for the Subdivision. 6. Streets. a) The Developer agrees to construct the streets within the Subdivision in accordance with City specifications and the Plans and make the improvements to Co. Rd. 116 in accordance with the Plans and the requirements of Hennepin County. The street improvements include the construction of a temporary cul-de-sac at the east end of Block 3. The City's specifications for the streets to be constructed within the Subdivision 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 Plans shall prevail except when an alternative has been explicitly approved in writing by the City. b) Following completion of the Subdivision streets and inspection thereof by the City engineer, the City agrees to accept the streets for maintenance if they have been constructed according to City specifications, including the Engineering Standards and the Plans. Removal of 460289v7 RHB ME230-606 5 snow and ice from the Subdivision streets shall remain the responsibility of the Developer until the City accepts the streets for maintenance. After acceptance, the City shall be responsible for removal of snow and ice from the Subdivision streets. c) The streets shall be completed by no later than the date for completion of all Subdivision Improvements, except that the final wear course of bituminous on the streets internal to the Subdivision shall not be completed until after 80 percent of the homes in the Subdivision have been completed. Notwithstanding the above, the City reserves the right to require installation of the wear course regardless of the number of homes completed whenever, at its sole discretion, and following consultation with the Developer, 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 Subdivision. d) In order to allow the Developer to grade and construct the streets within the Subdivision and the extension of sanitary sewer and water improvements, the City hereby agrees to grant to the Developer a temporary easement for purposes of street and utility installation over, under and across the Subdivision rights -of -way. The temporary easement will commence upon filing of the plat of The Villas at Medina Country Club with Hennepin County and shall terminate upon completion and acceptance by the City of the work described herein regarding road and utility construction to serve the Subdivision. 7. Sanitary Sewer and Water Improvements. The Developer agrees to construct sanitary sewer and water lines to serve the lots within the Subdivision. 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 sanitary sewer and water Subdivision Improvements will be dedicated by the Developer to the City as public improvements upon completion and acceptance by the City. 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 but are not limited to the ponds and the improvements intended for the discharge of water from footing drain tiles and sump pumps so as not to adversely affect adjacent landowners, all as shown on the Plans. b) The stormwater facilities serving the Subdivision will remain private and will be maintained by the Developer at its sole expense until taken over by the HOA, as hereinafter defined in section 12 below. 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 until taken over by the HOA formed by Developer and as further defined below, 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. Once recorded, it shall be binding on Developer's successors and assigns. The Developer acknowledges that i) the stormwater facilities have not and will not be accepted by the City; ii) 460289v7 RHB ME230-606 6 the City does not plan to maintain or pay for maintenance, repair or replacement of the stormwater facilities and that the Developer and ultimately the HOA will have primary responsibility for such work; iii) the City has the right but not the obligation to perform necessary work upon the failure or refusal by the Developer or HOA to do so; and iv) if the City performs any work on the stormwater facilities after reasonable notice to the Developer or HOA and the failure of the Developer or HOA to perform the work, the City intends to specially assess the cost of such work against the lots within the Subdivision and other portions of the Property. Notwithstanding the above, the City will accept and maintain those elements of the stormwater facilities which are located on public rights -of -way. c) Portions of the stormwater facilities are located on the Property but not within the Subdivision. The Developer agrees to acquire an easement over the Property sufficient to allow it to construct and the HOA to maintain the stormwater facilities located outside of the Subdivision. The easement must be satisfactory to the City in form and substance. d) The Developer will assign responsibility to the HOA for the maintenance, repair or replacement of the private stormwater facilities as needed and the HOA documents recorded with Hennepin County require. The HOA shall be responsible for the maintenance, repair or replacement of all private stormwater facilities serving the Subdivision. The Developer agrees to inform purchasers of lots within the Subdivision that i) the City does not plan to maintain or pay for maintenance, repair or replacement of the stormwater facilities and that the HOA will have primary responsibility for such work; ii) the City has the right but not the obligation to perform necessary work upon the failure or refusal by the HOA to do so; and iii) if the City performs any work on the stormwater facilities after reasonable notice to the Developer or HOA and the failure of the Developer or HOA to perform the work, the City intends to recover the cost of such work against the lots within the Subdivision. e) The Developer acknowledges that the City intends to establish a storm sewer improvement tax district (the "District") which includes all land within the Subdivision except Outlot B. The District will be established pursuant to Minnesota Statutes, sections 444.16 to 444.21 and will authorize the City to acquire, construct, reconstruct, extend, maintain, and otherwise improve storm sewer systems and related improvements within or serving the Subdivision if such work becomes necessary in the opinion of the City based on the Developer's or the HOA's failure to perform pursuant to this Agreement and the Stormwater Maintenance Agreement. In recognition of this possibility, the Developer agrees to provide prospective lot purchasers with a disclosure statement informing them of the existence of the District and that a tax could be imposed on the lots within the Subdivision if the City is required to repair or maintain the storm sewer systems and related improvements. The wording of the disclosure statement must be approved by the City for use in connection with the sale of lots in the Subdivision prior to its distribution or use by the Developer. 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 water irrigation system utilized within the Subdivision shall be operated in accordance with the Stormwater Management 460289v7 RHB ME230-606 7 Plans and is subject to the City's irrigation ordinance and water conservation ordinance. Water may be utilized from the public water system for such limited period of time as the City may permit until the landscaping material has been established. After establishment of the landscaping, the public water system may not be used to supply irrigation systems. b) The stormwater ponds serving the Subdivision shall be the sole water source for irrigation of lawns and landscaping by means of an irrigation system. The Developer, or its successor and assigns, shall meter the amount of water utilized in the irrigation system with a meter approved by the City. The Developer may construct a private well within the Subdivision if permitted by the Minnesota Department of Health to supplement the water in the stormwater ponds. If a private well is constructed, the Developer agrees to allow the City reasonable access to the well and 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 annually. The Developer also agrees to meter irrigation water into the system and make this data available to the City. The stormwater ponds are located on the Property but not within the Subdivision. The Developer agrees to acquire an easement over the Property sufficient to allow the Developer and the HOA to have access to the stormwater ponds for the purposes required by this Agreement. The easement must be satisfactory to the City in form and substance. c) The Developer agrees to install a private Subdivision -wide landscape irrigation system. The elements of the irrigation system infrastructure shall be as shown on the Plans submitted to and approved by the City prior to proceeding with construction of any public or private improvements or buildings within the Subdivision. d) The Developer agrees to provide prospective lot purchasers with a disclosure statement informing them of the City's prohibition against connecting individual landscape irrigation systems to the City's municipal water system. The wording of the disclosure statement must be approved by the City for use in connection with the sale of lots in the Subdivision prior to its distribution or use by the Developer. 10. Street Lighting and Signs. The Developer agrees to install street lighting and street signs within the Subdivision at its sole cost. Prior to the issuance of any building permits, the Developer shall submit lighting details to the City for review and approval by City staff. All lighting shall meet City standards. Street lighting shall include lighting fixtures approved by the City and shall be equipped with luminaries which allow no light more than five percent above the horizontal plane. If the Developer installs street lighting fixtures consistent with the City's standard fixtures, the City will maintain the fixtures thereafter but the Developer or HOA will be required to maintain all other types of fixtures. Street signs shall be of a design approved by the City and shall be dedicated by the Developer to the City after installation and acceptance by the City. Street signs requiring repair or replacement will be replaced by the City with the City's standard form of street sign. The Developer or the HOA will be required to pay for repair or replacement if any other type of street sign is desired. 11. Letter of Credit. a) In order to ensure completion of the Subdivision Improvements required under this Agreement and satisfaction of all fees due to the City, the Developer agrees to deliver to the City prior to beginning any construction or work within the 460289v7 RHB ME230-606 8 Subdivision, a letter of credit (the "Letter of Credit") in the amount of $3,164,623.50, which represents 150 percent of the estimated cost of the Subdivision Improvements as specified in the Plans. This amount represents the maximum risk exposure for the City, based on the anticipated sequence of construction and the estimate of cost of each element of the Subdivision Improvements, rather than the aggregate cost of all required Subdivision Improvements. The Letter of Credit shall be delivered to the City prior to beginning any work on the Subdivision Improvements and shall renew automatically thereafter until released by the City. The estimated cost of the work covered by the Letter of Credit is 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 Subdivision Improvements and other specified work within the Subdivision and to pay any fees or costs due to the City by the Developer after written notice to Developer and Developer's failure to cure the default 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 Subdivision 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 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 and acceptance by City of any portion of the remaining work, Developer may request a further reduction, and the City shall grant such further 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; expiration of the two-year warranty period for the landscaping; 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. c) It is the intention of the parties that the City at all times have available to it a Letter of Credit in an amount adequate to ensure completion of all elements of the Subdivision Improvements and other obligations of the Developer under this Agreement. To that end and notwithstanding anything herein to the contrary, all requests by the Developer for a reduction or release of the Letter of Credit shall be evaluated by the City in light of that principle. 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. Homeowners' Association. a) The Developer agrees to establish a homeowners' association (the "HOA"), encompassing that portion of the Property identified in the final plat as Lots 1 through 28, 30 through 36 and 37 through 44, Block 1. The Developer agrees to record 460289v7 RHB ME230-606 9 covenants against said land for this purpose, which covenants must be in form and substance acceptable to the City. The covenants shall be filed by the Developer with Hennepin County prior to any building permits being issued for the Subdivision. The HOA covenants must provide, among other things, for HOA maintenance of the stormwater facilities, the upland buffers, the private landscape irrigation system (if any) and all common areas in the Subdivision. The Developer will require the HOA to abide by the water management terms included in the appropriation permit from the Minnesota Department of Natural Resources. The City must approve the HOA covenants and will require that certain provisions thereof may not be amended or deleted without prior written City approval. b) In order to make the HOA responsible for the long-term maintenance of the stormwater improvements and upland buffer as contemplated by this Agreement, the Developer and the HOA intend to enter into the Assignment and Assumption Agreement in the form attached to this Agreement as Exhibit G and the City agrees to consent to such agreement. 13. Upland Buffer Easement. a) The Developer agrees to execute the Upland Buffer Easement Agreement attached hereto as Exhibit F. 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 against the Property and will run with the land. The Developer will make the HOA responsible for its maintenance obligations under the Upland Buffer Easement Agreement and that the HOA documents recorded with Hennepin County will so require. b) The Upland Buffers are located on the Property but not within the Subdivision. The Developer agrees to acquire an easement over the Property sufficient to allow it to install and the HOA to maintain the buffer. The easement must be satisfactory to the City in form and substance. 14. PUD Zoning. The Property has been rezoned Planned Unit Development ("PUD") and all of the Property shall be developed and used in accordance with the approved Villas at Medina Country Club Planned Unit Development General Plan. The only permitted use under the PUD General Plan for Lot 29, Block 1 is as a golf club. 15. 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 Property. 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. 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. 16. Park Dedication Requirements. In order to satisfy the park dedication requirements 460289v7 RHB ME230-606 10 for the Subdivision, the Developer agrees to deliver to the City a warranty deed for Outlot B and to construct certain trails as shown on the Plans. The conveyance of Outlot B and construction of the trails fully satisfies the park dedication requirement for the residential development authorized under the PUD General Plan and this Agreement. Any additional development of the Property in the future will involve evaluation of the need for additional park dedication as part of any required amendment to the PUD General Plan. The City acknowledges that a portion of Outlot B exceeds the standard park dedication requirements of the City, which excess dedication is being granted by the Developer to ensure the long-term protection of Outlot B in its entirety and to meet the requirements of section 827.25 of the City code regarding the justification for the allowing the greater flexibility permitted with PUD zoning. 17. Tree Replacement. There are no tree replacement requirements for the residential development authorized under the PUD General Plan and this Agreement because the Developer utilized the allowed removal for the initial site development under the ordinance for the entire Property. Any additional development of the Property in the future will involve evaluation of the tree removal and replacement in connection therewith as part of any required amendment to the PUD General Plan. 18. Responsibility for Costs; Escrow for Construction Inspection. a) The Developer agrees to pay to the City an administrative fee in the amount necessary to reimburse the City for its reasonable costs and expenses in reviewing the Subdivision, including the drafting and negotiation of this Agreement. 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 Subdivision Improvements. Construction observation shall include inspection of all the Subdivision Improvements. In order to reimburse the City for the reasonable cost of inspection of the Subdivision Improvements, the Developer shall deposit an additional $75,000 into an escrow account with the City, which shall receive and hold such funds solely under the terms of this Agreement. The City shall reimburse itself for expenses from the escrow and will provide the Developer with a copy of any invoice from the City engineer or evidence of other cost or expense attributed to the escrow prior to deducting such funds from the escrow. If any funds held under this escrow exceed the amount necessary to reimburse the City for its costs under this section, such funds shall be returned to the Developer without interest. If it appears that the actual costs incurred will exceed the estimate, the Developer and the City shall review the costs required to complete the project and the Developer shall deposit additional sums with the City. 19. Developer's Default. In the event of default by the Developer as to construction or repair of any of the Subdivision Improvements or any other work or undertaking required by this Agreement, and such default continues for 30 days after the City provides written 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 460289v7 RHB ME230-606 11 default, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any reasonable 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 land within the Subdivision 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. 20. 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 Subdivision Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its contractors or subcontractors. Liability limits shall not be less than $500,000 when the claim is one for death by wrongful act or omission or for any other claim and $1,500,000 for any number of claims arising out of a single occurrence. The City shall be named as an additional insured on the policy. The certificate of insurance shall provide that the City must be given the same advance written notice of the cancellation of the insurance as is afforded to the Developer. 21. Floodplain Regulations. No structures, including fences and accessory structures, may be constructed within the Subdivision below the regulatory flood protection elevation. The Developer must comply with the requirements of the City with regard to flood protection. Any utilities which are installed by the Developer on ground the surface of which is below the regulatory flood protection elevation must be flood proof in accordance with the state building code and City requirements. 22. No Building Permits Approved; Certificates of Occupancy. a) Approvals granted to date by the City regarding the Subdivision do not include approval of a building permit for any structure within the Subdivision. The Developer must submit and the City must approve building plans prior to approval of a building permit for a structure on any lot within the Subdivision. All building pads must be certified prior to initiation of construction of a home on a lot. 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. b) No certificate of occupancy shall be issued for any home constructed in the Subdivision unless prior thereto the lot has been graded and all landscaping installed in accordance with the Plans, the driveway has been installed, the footing drain tile or sump pump is discharging in an approved location, the water service valve is in proper working order and an as built survey of the lot has been submitted and approved by the City. In cases in which seasonal weather conditions 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. 460289v7 RHB ME230-606 12 23. Clean up and Dust Control. The Developer shall clean on a daily basis dirt and debris from streets adjoining the Subdivision resulting from construction work by the Developer, its contractors, agents or assigns, including any party constructing houses within the Subdivision. Prior to any construction on the Property or adjacent areas, 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 Subdivision. 24. Model Homes. The Developer may utilize no more than two (2) model homes within the Subdivision. The Developer shall use these model homes only for real estate sales and no other purposes. No certificate of occupancy shall be issued and the model home shall not be open to the public until such time as the streets are paved except for the final wear course of bituminous and the sanitary sewer and water utilities have been completed in accordance with the Plans. 25. Compliance with Laws. The Developer agrees to comply with all laws, resolutions, ordinances, regulations and directives of the state of Minnesota and the City applicable to the Subdivision. This Agreement shall be construed according to the laws of Minnesota. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits for lots within the Subdivision. 26. 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, except as identified on Exhibit E attached hereto. The Developer agrees to indemnify and hold the City harmless for any breach of the Agreement. 27. Indemnification. The Developer hereby agrees to indemnify and hold the City and its officers, employees, and agents harmless from claims made by third parties for damages sustained or costs incurred resulting from approval of the Subdivision. The Developer hereby agrees to indemnify and hold the City and its officers, employees, and agents harmless for all reasonable costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees, except matters involving intentional acts or gross negligence by the City. 28. 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. 29. 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: 460289v7 RHB ME230-606 13 a) as to Developer: b) as to City: with a copy to: Villas of Medina, LLC Attention: Don Rachel 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 parry 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. 30. 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. 31. 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 parry waives in writing any default or nonperformance by the other parry, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 32. 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. ****************** 460289v7 RHB ME230-606 14 IN 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 460289v7 RHB ME230-606 15 STATE OF MINNESOTA COUNTY OF ) ss. Villas of Medina, LLC By: Its: This instrument was acknowledged before me on 2015, by the of Villas of Medina, LLC a Minnesota Limited Liability Company , on behalf of the company. 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 460289v7 RHB ME230-606 16 Consent of Fairways of Rolling Green Limited Partnership Fairways of Rolling Green Limited Partnership, a Minnesota limited partnership, hereby consents to the foregoing Planned Unit Development Agreement. Fairways of Rolling Green Limited Partnership By: Fairways of Rolling Green General Partners, Inc. By: Its: President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015, by , the President of Fairways of Rolling Green General Partners, Inc., a Minnesota corporation, as the general partner of Fairways of Rolling Green Limited Partnership, a Minnesota limited partnership, on behalf of the partnership. Notary Public 460289v7 RHB ME230-606 17 EXHIBIT A TO DEVELOPMENT AGREEMENT Legal Description of the Subdivision The land to which this Development Agreement applies is legally described as follows: Lots 1 through 44, Block 1; and Outlots A and B, all in Villas at Medina Country Club, Hennepin County, Minnesota. A-1 460289v7 RHB ME230-606 EXHIBIT B TO DEVELOPMENT AGREEMENT List of Plan Documents The following documents prepared by Campion Engineering, Inc. and dated constitute the Plans: 1. COVER SHEET 2. EXISTING CONDITIONS 3. OVERALL UTILITY PLAN & NOTES 4. SANITARY SEWER & WATERMAIN PLAN - FAIRWAY DRIVE 0+00-12+00 5. SANITARY SEWER & WATERMAIN PLAN - FAIRWAY DRIVE 12+00-21+00 6. SANITARY SEWER & WATERMAIN PLAN - FAIRWAY DRIVE 21+00-28+68 7. SANITARY SEWER & WATERMAIN PLAN - SHAWNEE WOODS ROAD 8. OVERALL STREET & STORM SEWER PLAN & NOTES 9. STREET & STORM SEWER PLAN - FAIRWAY DRIVE 0+00-12+00 10. STREET & STORM SEWER PLAN - FAIRWAY DRIVE 12+00-21+00 11. STREET & STORM SEWER PLAN - FAIRWAY DRIVE 21+00-28+68 12. STREET & STORM SEWER PLAN - SHAWNEE WOODS ROAD 13. STORM SEWER STMH-18 TO CBMH 26, OCS 14. REAR YARD STORM SEWER - LOTS 1-26 15. FOUNDATION DRAINAGE LINE - LOTS 1-26 16. FOUNDATION DRAINAGE LINE - LOTS 30-36 & 37-44 17. OVERALL GRADING PLAN & NOTES 18. GRADING PLAN - WEST 19. GRADING PLAN - NORTHWEST 20. GRADING PLAN - NORTH 21. OVERALL STORM SEWER POLLUTION PREVENTION PLAN & NOTES 22. STORM SEWER POLLUTION PREVENTION PLAN - WEST 23. STORM SEWER POLLUTION PREVENTION PLAN - NORTHWEST 24. STORM SEWER POLLUTION PREVENTION PLAN - NORTH 25. OVERALL TREE INVENTORY 26. TREE INVENTORY - WEST 27. TREE INVENTORY - NORTHWEST 28. TREE INVENTORY - NORTH 29. OVERALL LANDSCAPE PLAN & NOTES 30. LANDSCAPE PLAN - WEST 31. LANDSCAPE PLAN - NORTHWEST 32. LANDSCAPE PLAN NORTH 33. DETAILS 34. DETAILS 35. DETAILS 460289v7 RHB ME230-606 B-1 36. DETAILS 37. DETAILS 38. DETAILS 460289v7 RHB ME230-606 B-2 EXHIBIT C TO DEVELOPMENT AGREEMENT FORM OF STORMWATER MAINTENANCE AGREEMENT STORMWATER MAINTENANCE AGREEMENT THIS AGREEMENT (the "Agreement") is made and entered into as of the day of , 2015, by and among the City of Medina, a Minnesota municipal corporation (the "City"), Villas of Medina, LLC, a Minnesota limited liability company (the "Developer") and Fairways of Rolling Green Limited Partnership, a Minnesota limited partnership ("Fairways"). 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 "Developer Property"); and WHEREAS, the City has obtained drainage and utility easements over portions of the Developer Property (the "Easement Areas"); and WHEREAS, Fairways is the fee owner of certain real property located in Hennepin County, Minnesota, legally described on Exhibit B attached hereto (the "Fairways Property"); and WHEREAS, by a separate development agreement (the "Development Agreement"), the Developer has agreed to construct and maintain certain stormwater facilities (the "Stormwater Improvements") for the benefit of the Developer Property; and WHEREAS, Fairways has agreed to the location of portions of the Stormwater Improvements on the Fairways Property; and WHEREAS, the Stormwater Improvements which are the subject of this Agreement include stormwater ponds and accompanying structures, including the stormwater pipe connecting the stormwater ponds, and sump pump connections for each lot of the subdivision. The location of the Stormwater Improvements are shown on Exhibit C attached hereto; and WHEREAS, the Elm Creek Watershed Management Commission requires permanent provisions for handling of 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 Developer Property and the Fairways Property; and 460289v7 RHB ME230-606 C-1 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 D attached hereto. The Developer shall make all such scheduled inspections and maintenance, keep record of all inspections and maintenance activities, and submit such records annually to the City. The cost of all inspections and maintenance, including skimming and cleaning of the Stormwater Improvements, shall be the obligation of the Developer and its successors or assigns as the fee owner of the Developer Property, which obligation shall be assigned to the HOA, as defined hereinafter, in accordance with section 7 of this Agreement. 2. City's Maintenance Rights. The City may maintain the Stormwater Improvements, as provided in this paragraph, if the City reasonably believes that the Developer or its successors or assigns 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 and such portions of the Developer Property and the Fairways Property as may reasonably be necessary to gain access to the Easement Areas to perform such maintenance tasks. In such case, the City shall send an invoice of its reasonable maintenance costs to the Developer or its successors or assigns, which shall include all reasonable staff time, engineering and legal and other reasonable costs and expenses incurred by the City. If the Developer or its successors or assigns fails to reimburse the City for its costs and expenses in maintaining the Stormwater Improvements within 30 days of receipt of an invoice for such costs, the City shall have the right to assess the full cost thereof against the Developer Property. The Developer, on behalf of itself and its successors and assigns, acknowledges that the maintenance work performed by the City regarding the Stormwater Improvements benefits the Developer 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. 460289v7 RHB ME230-606 C-2 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' negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement by Developer or Developer's Agents or Employees, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions, except to the extent of intentional or grossly negligent acts of the City, its employees, agents and representatives. In the event the City, upon the failure of the Developer to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Developer shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Developer's required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts of the City, its employees, agents and representatives. The Developer hereby agrees to indemnify and hold harmless Fairways and its agents, employees, officers, directors, customers and invitees 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' negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement by Developer or Developer's Agents or Employees, except to the extent of intentional or grossly negligent acts of Fairways, its agents, employees, agents, officers, directors, customers and invitees. 4. Costs of Enforcement. The Developer agrees to reimburse the City for all reasonable costs prudently incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees after providing written notice to Developer and a reasonable opportunity to cure. 5. Rights Not Exclusive. No right of the City under this Agreement shall be deemed to be exclusive and the City shall retain all rights and powers it may have under Minnesota Statutes, sections 444.16 to 444.21 to acquire, construct, reconstruct, extend, maintain and otherwise improve the Stormwater Improvements. 6. Notice. All notices required under this Agreement shall either be personally delivered or be sent by United States certified or registered mail, postage prepaid, and addressed as follows: a) as to Developer: Villas of Medina, LLC 4125 Napier Court NE St. Michael, MN 55376 Attention: Donald Rachel 460289v7 RHB ME230-606 C-3 b) as to City: with a copy to: 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 c) as to Fairways: Fairways of Rolling Green Limited Partnership 400 Evergreen Road Medina, MN 55340 Attn: Ken Gullickson With a copy to: Jon Swierzewski Larkin Hoffman Daly & Lindgren Ltd. 8300 Norman Center Drive, Suite 1000 Minneapolis, MN 55437 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 Developer Property and the Fairways Property. Notwithstanding the foregoing, upon creation of a homeowners' association for the Developer Property (the "HOA") by an instrument in a form satisfactory to the City which assumes and agrees to perform the obligations and responsibilities of the Developer under this Agreement, the HOA shall be bound by all terms and conditions of this Agreement as if it were the original signatory hereto and the Developer, its successors and assigns, shall be released from all personal liability under this Agreement but the Developer Property and the Fairways Property shall remain subject to the terms and conditions of this Agreement. 8. Effective Date. This Agreement shall be binding and effective as of the date first written above. 9. Governing Law. This Agreement shall be construed under the laws of Minnesota. [Signature pages follow.] 460289v7 RHB ME230-606 C-4 STATE OF MINNESOTA COUNTY OF ) ss. Villas of Medina, LLC By: Its: This instrument was acknowledged before me on 2015, by , the of Villas of Medina, LLC, a Minnesota Limited Liability Company , on behalf of the company. Notary Public 460289v7 RHB ME230-606 C-5 CITY OF MEDINA By: By: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 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. Notary Public 460289v7 RHB ME230-606 C-6 Fairways of Rolling Green Limited Partnership By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) This instrument was acknowledged before me on 2015, by , the President of Fairways of Rolling Green General Partner, Inc, a Minnesota corporation, as general partner of Fairways of Rolling Green Limited Partnership, a Minnesota limited partnership, on behalf of the partnership. This instrument drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 Notary Public 460289v7 RHB ME230-606 C-7 EXHIBIT A TO STORMWATER MAINTENANCE AGREEMENT Legal Description of the Developer Property The property to which this Stormwater Maintenance Agreement applies is legally described as follows: Lots 1 — 28 and Lots 30 — 44, Block 1 and Outlot A, Villas at Medina Country Club, Hennepin County, Minnesota 460289v7 RHB ME230-606 C-A-1 EXHIBIT B TO STORMWATER MAINTENANCE AGREEMENT Legal Description of the Fairways Property Lot 29, Block 1, Villas at Medina Country Club, Hennepin County, Minnesota 460289v7 RHB ME230-606 C-B-1 EXHIBIT C TO STORMWATER MAINTENANCE AGREEMENT NEEDS AN EXHIBIT SHOWING THE POND LOCATIONS Depiction of Location of Stormwater Improvements [to be completed] 460289v7 RHB ME230-606 C-C-1 EXHIBIT D TO STORMWATER MAINTENANCE AGREEMENT Inspection and Maintenance Schedule Stormwater Ponds: Inspection and maintenance shall be made consistent with the most recent version of the Minnesota Stormwater Manual or other subsequent manual as dictated by the City. At the time of execution of this Agreement, the schedule can be found in Table 12.POND.4 of the Minnesota Stormwater Manual as follows: Table 12.PONDA: Typical Inspection/Maintenance Frequencies for Ponds Frequency Inspection Items Ninintenance Items Ensure that at least 50% of wetland plants survive Check for invasive wetland plants. Replant wetland vegetation One time -After First Year Check that maintenance access is free and clear Inspect low now orifices, reverse now pipes, and other pipes for clogging Check the permanent pool or dry pond area for floating debris, undesirable vegetation Investigate the shoreline for erosion Monitor wetland plant composition and health, Look for broken signs, locks, and other dangerous items_ Mowing —minimum Spring and Fall Remove debris Repair undercut, eroded, and bare soil areas. Monthly to Quarterly or After Major Storms (>1") Monitor wetland plant composition and health Identify invasive plants Ensure mechanical components are functional Trashand debris clean-up day Remove invasive plants Harvest wetland plants Replant wetland vegetarian Repair broken mechanical components if needed Semi-annual to annual All routine inspection items above Inspect riser, barrel, and embankment for damage Inspect all pipes P Pe Monitor sediment deposition in pond and forebay Pipe and Riser Repair Forebay maintenance and sediment removal when needed Every 1 to 3 years Monitor sediment deposition in pond and forebay Forebay maintenance and sediment removal when needed 2-7 years Remote television inspection of reverse slope pipes, under -drains, and other hard to access piping Sediment removal from main pond/ wetland Pipe replacement if needed 5-25 years C-D-1 460289v7 RHB ME230-606 Stormwater Pond Sand Filters: Inspection and maintenance shall be made consistent with the most recent version of the Minnesota Stormwater Manual or other subsequent manual as dictated by the City. At the time of execution of this Agreement, the schedule can be found in Table 12.FIL.4 of the Minnesota Stormwater Manual as follows: Table 12.F11-4. Recommended Maintenance Activities for Media Filters (Sources: 1997; PIM 1997) WM1. Scheckde Activity • If finer bed i5 clogged or partially clogged, manual manipulation or trte Surface layer o1 sand may be required Remove the top few inches of media. into -till or otherwise cultivate the surface, and replace media with like material meeting the design speomcations. As needed • Replace any niter fabric That has become clogged • Ensure that contributing area, faclTdy, Inlets and outlets are dear of debris. • Ensure that the contributing area is stabilized and mowed, with clippings removed • Remove trash and debris_ • Check to ensure that the titer surface is not dogging (also check after stoics greater than atKatt 1"). Monthly • Fssure that activities in the dramage area minimize odgrease and sediment entry to the system. • If permanent water level is present in pre-treatment chamber {e. g , perimeter sand filea ensure that the chamber does not leak, and Roma' pool level is *in • see that the finer bed Is dean of sediment and the sediment chamber Is not more than 6 inches of sediment Remove sediment as necessary. • Make sure mat there is no evidence of detenorauon, spatting or cracking or concrete. • Inspect grates (perimeter sand filer) • !lisped inlets, outlets and overflow spillway to ensure good Condition and no evidence of erasion. Annually • Repair or replace any damaged shnctural parts_ • Stabilize any eroded areas • Ensure that now is not bypassing the facility • Ensure thal no noticeable odors are detected outside the facility. • Remove and replace the top 2-5 inches or media every 3 to 5 years for low sediment applications, more ORen for areas of hmgn sediment yield or hlgn oll and grease. 3 to 5 years In addition to the above, ponds shall be inspected annually to determine if draw down occurs within 48 hours, and corrections made if the time exceeds 48 hours. C-D-2 460289v7 RHB ME230-606 EXHIBIT D TO DEVELOPMENT AGREEMENT Subdivision Improvement Cost Estimate [to be completed] D-1 460289v7 RHB ME230-606 EXHIBIT E TO DEVELOPMENT AGREEMENT List of Unrecorded Encumbrances or Interests in Property [to be completed] E-1 460289v7 RHB ME230-606 EXHIBIT F TO DEVELOPMENT AGREEMENT FORM OF UPLAND BUFFER EASEMENT AGREEMENT THIS UPLAND BUFFER EASEMENT AGREEMENT (the "Agreement") is made this day of , 2015, by and among the city of Medina, a Minnesota municipal corporation (the "City"), and Villas of Medina, LLC, a Minnesota limited liability company (the "Developer") and Fairways of Rolling Green 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"); and B. The Developer and the City have entered into a separate development agreement (the "Development Agreement") regarding the subdivision and development of portions of the property owned by Developer located in Hennepin County, Minnesota, legally described in Exhibit B attached hereto (the "Subdivision Property"). C. The City has granted approval of a Planned Unit Development General Plan of Development and plat concerning the Property (the "City Approvals"), under the terms of which the Developer is required to establish upland buffers adjacent to wetlands on portions of the Property consistent with City regulations, the location of which is legally described in Exhibit C, attached hereto (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 and Developer has agreed to maintain the Easement Area. The Easement Area is shown on the site plan depicted on Exhibit D attached hereto. E. Grantor is willing to grant the Upland Buffer Easement in accordance with the terms of this Agreement. F. The Developer is willing to establish and maintain the Upland Buffer 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: 460289v7 RHB ME230-606 F-1 1. Grantor hereby grants and conveys to the City and to the Developer and their successors and assigns, an Upland Buffer Easement in, under, on, over and across the Easement Area, and the City and Developer hereby accept such grant. The duration of this easement is perpetual, subject to Minnesota law governing granting of easements to governmental bodies, and shall bind and inure to the benefit of the parties, their successors and assigns. 2. The following terms and conditions shall apply to the Easement Area: a. The Easement Area shall be 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 or dock 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. 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 to the Developer and their successors and assigns (collectively, the "Grantees"), the following rights: a. The Developer may enter upon the Easement Area for the purposes of preservation and maintenance of the Easement Area. 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 460289v7 RHB ME230-606 F-2 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. The City shall provide notice to the Developer and an order for corrective action consistent with City regulations. If the Developer does not take the required corrective action within 30 days or such additional period as may be reasonably necessary following notice of the required corrective action, the City may enter the Property in order to perform the action. In such case, the City shall send an invoice of their 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 within 45 days of receipt of an invoice for such costs, the City shall have the right to assess the full cost thereof against the Subdivision Property. The Developer, on behalf of itself and its successor and assigns, acknowledges that the corrective work performed by the City benefits the Subdivision 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 Developer 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 Developer has failed to comply with this Agreement, Developer or Developer's successors or assigns shall reimburse the City and Grantor 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 and to the Developer a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Easement Area. 6. Developer shall bear all costs and liabilities of any kind related to ownership, operation and maintenance of the Easement Area. 7. Developer agrees to indemnify, defend and hold harmless the City and the Grantor, their officials, employees and agents, against any and all loss, costs, damage and expense, including reasonable attorneys' fees and costs that the City or the Grantor incur because of the breach of any of the above covenants. The Grantor, the City and the Developer agree that each shall be responsible for its own acts and the results of such acts and shall not be responsible for the act of any other party and the results of such acts. 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. 460289v7 RHB ME230-606 F-3 10. Grantor's and Developer's rights and obligations under this Agreement terminate upon transfer or termination of its interest in the Property, provided that any liability for acts or omissions occurring prior to the transfer or termination shall survive that transfer or termination. Nothing in this Paragraph 10 is deemed to alter or amend the remaining terms of the Agreement in the event of a transfer of interest. 11. Any notice required in this Agreement shall be delivered personally or sent by U.S. certified mail, return receipt requested: a) as to Developer: Villas of Medina, LLC Attn: Don Rachel 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, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 c) as to Grantor: Fairways of Rolling Green Limited Partnership or at such other address as either party may from time to time notify the other in writing in accordance with this paragraph. 460289v7 RHB ME230-606 ************************ F-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. By: Its: STATE OF MINNESOTA ) ) ss COUNTY OF ) VILLAS OF MEDINA, LLC The foregoing instrument was acknowledged before me this day of , 2015, by , the of Villas of Medina, LLC, a Minnesota limited liability company, on behalf of the company. 460289v7 RHB ME230-606 Notary Public F-5 CITY OF MEDINA By: By: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 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. 460289v7 RHB ME230-606 Notary Public F-6 FAIRWAY OF ROLLING GREEN LIMITED PARTNERSHIP By: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015, by , The of Fairways of Rolling Green Limited Partnership, a Minnesota limited partnership, on behalf of the limited partnership. This document drafted by: City of Medina 2052 County Road 24 Medina, MN 55340 460289v7 RHB ME230-606 Notary Public F-7 EXHIBIT A TO UPLAND BUFFER EASEMENT AGREEMENT Legal Description The Property is legally described as: Lots 1 through 44, Block 1 and Outlots A and B, Villas at Medina Country Club, Hennepin County, Minnesota. 460289v7 RHB ME230-606 F-A-1 EXHIBIT B TO UPLAND BUFFER EASEMENT AGREEMENT The Subdivision Property: Lots 1 — 28 and Lots 30 — 44, Block 1 and Outlot A, Villas at Medina Country Club, Hennepin County, Minnesota 460289v7 RHB ME230-606 F-B-1 EXHIBIT C TO UPLAND BUFFER EASEMENT AGREEMENT The Upland Buffer Easement is over those portions of the Property legally described as follows: Lot 29, Block 1, Villas at Medina Country Club, Hennepin County, Minnesota. 460289v7 RHB ME230-606 F-C-1 EXHIBIT D TO UPLAND BUFFER EASEMENT AGREEMENT Site Plan of the Property Showing the Easement Area [to be completed] 460289v7 RHB ME230-606 F-D-1 EXHIBIT G TO DEVELOPMENT AGREEMENT FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement") is made as of , 2015, by and between Villas of Medina, LLC, a Minnesota limited liability company ("Assignor") and The Villas at Medina Country Club Association, a Minnesota nonprofit corporation ("Assignee"). RECITALS: WHEREAS, Assignor is the fee owner of certain real property located in Hennepin County, Minnesota, legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, Assignor has obtained all approvals and agreements from the City of Medina and other authorities necessary to develop the Property for single-family residential purposes in a subdivision which will include 43 lots, which development shall be known as The Villas at Medina Country Club (the "Development"); and WHEREAS, in connection with the Development, the City of Medina,Assignor and Fairways of Rolling Green Limited Partnership have entered into a Stormwater Maintenance Agreement dated , 2015 (the "Stormwater Maintenance Agreement") and the Upland Buffer Easement Agreement dated , 2015 (the "Upland Buffer Easement Agreement"); and WHEREAS, Assignor desires to assign, and Assignee desires to assume, all of Assignor's rights, title and interest in and to the Stormwater Maintenance Agreement and Upland Buffer Easement Agreement to Assignee, all as provided herein below. NOW, THEREFORE, for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the parties agree as follows: 1. Assignor hereby assigns to Assignee all of Assignor's rights, title and interest in and to the Stormwater Maintenance Agreement and Upland Buffer Easement Agreement between the City of Medina and Assignor. 2. Assignee hereby assumes and agrees to perform the obligations and responsibilities of Assignor under the Stormwater Maintenance Agreement and Upland Buffer Easement Agreement. 460289v7 RHB ME230-606 G-1 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first above written. ASSIGNOR: Villas of Medina, LLC ASSIGNEE: The Villas as Medina Country Club Association By: By: Its: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2015, by , the of Villas of Medina, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2015, by the of The Villas as Medina Country Club Association, a Minnesota nonprofit corporation, on behalf of the corporation. DRAFTED BY: Brandi S. Kerber Larkin Hoffman Daly & Lindgren Ltd. 8300 Norman Center Drive, Suite 1000 Minneapolis, MN 55437-1060 Telephone: (952) 896-1543 Notary Public 460289v7 RHB ME230-606 G-2 CONSENT OF CITY The city of Medina (the "City") executes this Assignment and Assumption Agreement (the "Assignment") solely as evidence of its consent to the foregoing Assignment. By: By: STATE OF MINNESOTA ) ) ss. COUNTY OF ) 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 such entity. Notary Public 460289v7 RHB ME230-606 G-3 CONSENT OF FAIRWAYS OF ROLLING GREEN LIMITED PARTNERSHIP Fairways of Rolling Green Limited Partnership, a Minnesota limited partnership, executes this Assignment and Assumption Agreement (the "Assignment") solely as evidence of its consent to the foregoing Assignment. FAIRWAYS OF ROLLING GREEN LIMITED PARTNERSHIP By: Fairways of Rolling Green General Partner, Inc. Its: General Partner By: (Print Name) Its: President STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2015, by , the President of Fairways of Rolling Green General Partner, Inc., a Minnesota corporation, as general partner of Fairways of Rolling Green Limited Partnership, a Minnesota limited partnership, on behalf of the partnership. Notary Public 460289v7 RHB ME230-606 G-4 Exhibit A to Assignment and Assumption Agreement Legal Description Lots 1 — 28 and Lots 30 — 44, Block 1 and Outlot A, Villas at Medina Country Club, Hennepin County, Minnesota 460289v7 RHB ME230-606 G-5 Project: LR-15-154 — Villas at Medina County Club Final Plat The following documents constitute the complete record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant: Document Received Date Document Date # of pages Electronic Paper Copy? Notes Application 3/11/15 3/11/15 4 Yes Yes Narrative 3/11/15 No date 2 Yes Yes Final Plat 3/11/15 3/10/15 6 Yes Yes Final Plat — revised 04/13/2015 6 Yes Yes Full Plan Set 3/11/15 3/6/15 38 Yes Yes Full Plan Set — revised 4/13/2015 4/7/2015 38 Yes Yes Assignmt and assump agree 3/11/15 No date 5 yes Yes Alta Commitment draft 3/11/15 1/5/15 6 Yes Yes Draft covenants 3/11/15 No date 2 Yes Yes Development Agreement 3/11/15 No date 34 Yes Yes Stormwater Maint Agreemt 3/11/15 No date 15 Yes Yes Irrigation Easement Draft 3/11/15 No date 14 Yes yes Response Cover Sheet 4/10/2014 4/10/2015 2 Responses from Applicant's Engineers 4/13/2015 8 Yes Yes Stormwater Management Report 4/13/2015 4/8/2015 51 Yes Yes Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Transmittal 3/12/15 1 Elm Creek Watershed comments 3/6/15 4 Yes Planning Comments 3/30/2015 1 Yes Engineering Comments 3/26/2015 6 Yes Includes stormwater and SWPPP comments Engineering Comments 4/22/2015 3 Yes Includes stormwater comments Plat opinion 4/21/2015 5 Yes Public Comments Mi►SB c�C Assac� engineering • planning • environmental • construction April 22, 2015 Mr. Dusty Finke Planner City of Medina 2052 County Road 24 Medina, MN 55340-9790 Re: City Project: Villas at Medina Country Club General Plan and Final Plat WSB Project No. 2712-036 Dear Dusty: 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 We have reviewed the Final Plat submittal dated April 7, 2015 for the Villas at Medina Country Club site. The plans propose to construct street and utility improvements to serve a 43 unit detached townhome/single family home development along the north and west perimeters of the Medina Country Club. We have the following comments with regards to engineering matters. 1. The plans should include a detail showing how the edges of the three maintenance accesses will be delineated so users will know where to drive. 2. Storm water should not be allowed to flow from the high point on Shawnee Woods Road easterly over the cul-de-sac onto the existing Shawnee Woods Road. Storm sewer should be added to the cul-de-sac to correct this. 3. FES's 3 and 4 shown on Sheet 14 should be extended to the pond NWL or the swale between the FES's and the pond should be armored. 4. The yard drain detail should clarify that the minimum yard drain pipe size is 10" (both inlets and carrier pipes) and the inlet casting should be a beehive style to protect against clogging by yard waste and debris. 5. The grading plan shows the proposed home as a lookout with a lower level elevation of 1013.7 and a lookout elevation of 1013.7. It appears this home should be changed to a walkout. 6. The title blocks on the landscape plans are missing the designer's signature and firm's name and should be revised. 7. The final plat should be submitted for review and approval. St. Cloud • Minneapolis • St. Paul Equal Opportunity Employer wsbeng.com Villas at Medina Final Plat April 22, 2015 Page 2 8. The applicant should provide an engineer's estimate for the improvements, a cost estimate for the irrigation system, a cost estimate for trees and landscaping, and a construction schedule so that the required financial guarantees and cash escrows can be calculated. 9. Stormwater comments are attached. Please contact me at 612-209-5113 if you have any questions. Sincerely, WSB & Associates, Inc. /0701 Tom Kellogg Attachment Cc Nate Sparks (email) WSB c�C Associales, Inc. engineering • planning • environmental • construction Memorandum To: Tom Kellogg, P.E., City Engineer City of Medina From: Earth Evans, P.E. Water Resources Project Manager WSB & Associates, Inc. Date: 4.22.15 Re: Villas at Medina Country Club Stormwater Management Plan Review City Project No. LR-I 5-154 WSB Project No. 2712-36 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 We have completed a preliminary review of the stormwater management plan for Villas at Medina Country Club development in Medina, MN. The site is located east of CR116 adjacent to Medina Country Club. The development was previously reviewed on 3.16.15. Documents provided for review include the following: • Grading and Utility Plans dated 4.7.15 • Response to comments These plans were reviewed for general conformance with the City of Medina's Stormwater Design Manual and general engineering practices for stormwater management. 1. A permit will be required any work within the County right-of-way 2. Please provide the XPSWMM modeling to confirm that the outlet system for the SW pond and golf course pond is sufficient. The Response to City comments indicates that outlet modifications are feasible, but would result in an increase in the HWL of the golf course pond. The modeling is required to confirm that adequate freeboard is provided and that there is no increase in the peak discharge offsite. 3. Future submittals should provide a figure that indicates irrigation area. 4. Proposed FES 11 is located outside of the development property lines. An easement will be required. St. Cloud • Minneapolis • St. Paul Equal Opportunity Employer wsbeng.com K:\02712-360\Admin\Does\Villas at Medina Country Club Stormwater Commeuts_042215.doc March 11, 2015 City of Medina 2052 County Road 24 Medina. MN. 55407 Attn: Mayor and City Council Subj: Villas at Medina Country Club PUD Final Plan and Final Plat Ref: a) City of Medina Resolution No. 2015-008 Encl: 1) Narrative (5 copies) 2) Completed and Signed Application for Planning Consideration 3) PUD Final Plan Set/Villas Construction Plans (5 full size, 3 11 x 17's (Also provided electronically) 4) Final Plat (Also provided electronically) 5) Title Opinion (Also provided electronically) 6) Draft HOA Documents (partially reproduced) (Also provided electronically) 7) Draft Developer's Agreement (Storm Water Agreement as enclosure (9)(Also provided electronically) 8) Draft Stormwater Maintenance Agreement (Also provided electronically) 9) Draft Assignment and Assumption Agreement (Also provided electronically) 10) Draft Irrigation Easement (Also provided electronically) 1. As background, the Medina City Council unanimously approved the Rachel Contracting application for a PUD General Plan and Preliminary Plat on December 16, 2014. The purpose of this correspondence is to provide enclosures 1) through 10) for your review and approval of a PUD Final Plan Set and Final Plat and, to address all of the conditions required by reference a). Three full size sets of the plans and 5 sets of the narrative are included herein; the plans were also provided electronically. Questions of a technical nature should be directed to the Project Engineer, Mr. Marty Campion at 763-479-5172; all other questions can be directed to the undersigned or Mr. Ron Fricke at 763-424-1500. Chuck Alcon, Project Coordinator, 763-477-6470 PROJECT NARRATIVE FOR THE VILLAS AT MEDINA COUNYTRY CLUB PUD FINAL PLAN AND FINAL PLAT u l!� MAR 1 1 2015 1. This PUD Final Plan, Final Plat, and associated construction documents are sub tantiallysimilar. PUD General Plan and Preliminary Plat previously approved with only a few minor changes. These minor changes are summarized as follows: a. An additional storm water pond has been added in the northwest corner to accommodate the Woods of Medina storm water flowing south to the Villas. b. The City park lot has been extended to the west to intercept the temporary cul-de-sac, per City request. c. Block and Lot designations have been revised. d. Separate lots for the golf course and club house have been created; two golf course restrooms will be constructed on the golf course lot. e. Required supporting documents are included with enclosures 5) through 10). 2. Enclosure 2) is the competed application signed by the newly created development entity, the Villas of Medina, LLC and the property owner, the Fairways of Rolling Green, LP. 3. Enclosure 3) is the PUD Final Plan set and construction plans. With respect to the Utility Plan for the Sanitary Sewer, since the originally proposed Block 4 is not now being developed but rather has been dedicated as Park, the extra depth is no longer required. The Developer proposes to reduce the depth to a level necessary to support this project or alternatively requests that the City of Medina provide funding for the difference in construction costs; an exhibit summarizing the differences in depth has been provided to the City Engineer. 4. Enclosure 4) is the PUD Final Plat. 5. Enclosure 5) is the Title Opinion provided by Old Republic. 6. Enclosure 6) is the draft Home Owners Association document which creates the HOA based on a sample previously approved by the City and tailored for the Villas. 7. Enclosure 7) is the draft Developer's Agreement between the City of Medina and the Villas of Medina, LLC, THE Developer. This draft has been created from a previous agreement, modified to reflect the specific conditions of the Villas at Medina Country Club and is provided in draft form for final review and approval of the City Attorney. 8. Enclosure 8) is a draft storm water maintenance agreement adapted from a previously approved agreement to reflect the specific conditions of the Villas at Medina Country Club development specifically the ownership of certain storm water ponds by the golf course with the maintenance responsibility of these ponds by the Developer and eventually the HOA. 9. Enclosure 9) is an Assignment and Assumption Agreement which assigns the responsibilities for the storm water maintenance to the HOA, 10. Enclosure 10) is an Irrigation Easement which provides for HOA access to certain MGCC property in order to satisfactorily execute the requirements of the Storm Water Maintenance Agreement. 11. Reference a) specifies certain conditions of Preliminary Plat and Plan approval; this PUD Final Plan and Final Plat meet or exceed all of the requirements of the terms and conditions required of the PUD General Plan and Preliminary Plat per Resolution No. 2015-008, as follows: a. #1- Concur. b. #2- Improvements will be installed as shown on the plans received by the City on November 5, 2014 and November 18, 2014 and as implemented by the final construction plans which are included with this submittal. c. #3- A LOC will be submitted after Final Plat approval and prior to construction in the amount recommended by the City Engineer in a form acceptable to the City. d. #4- The plan update with this requirement is included in this submittal. e. #5- The plan set reflects this requirement. f. #6- The north side will be signed after completion of the initial road improvements. g. #7- The proposed HOA documents are included with this submittal, see enclosure (6). h. #8, #9, #11, and #12- The enclosed landscaping plan has been revised to reflect the requirements specified in these conditions. i. #10, #13- The tree inventory will be revised to include these requirements and the calculations will be revised to reflect the new inventory. j. #13- The proposed pond maintenance agreements, enclosure (8), and sub agreement with the HOA, enclosure (9), are included in this submittal; easements for access to the ponds on the golf course used for development drainage are included on the Final Plat and as a separate exhibit on enclosure 10) k. #14- The plans provided include the final design in the northwest comer, as approved by the City Engineer. I. #15- Will Comply. m. #16- A Developer's Agreement will be executed after Final Plat conditions are defined and prior to construction. A sample of a recent Developer's Agreement has been reviewed, amended to reflect the Villas at Medina Country Club particulars and attached for City Attorney review, approval, and issuance. n. #17- A private irrigation system will be installed and will be the responsibility of the HOA for maintenance. An initial preliminary design review with the prospective subcontractor BNR Irrigation Systems to determine the details of the final design including line locations, usage rates, zones, pumping stations, water source (private well), etc. has been completed. The system design will be provided to the City when the design is completed and prior to construction. o. #18- All required permits will be obtained after Final Plat approval and prior to construction. p. #19- This application is being submitted within the required 180 day timeframe. q. #20- Will comply. 11 April 2015 7:54 AM M:\3490\0004\CAD\CANinal VILLAS AT MEDINA COUNTRY CLUB KNOW ALL PERSONS BY THESE PRESENTS: That Fairways of Rolling Green Limited Partnership, a Minnesota limited partnership, fee owner of the following described property situated in the County of Hennepin, State of Minnesota to wit: Parcel 1: The Southwest Quarter of Section 1, Township 118, Range 23, Hennepin County, Minnesota, which lies East of the West 40 feet of said Southwest Quarter. Parcel 2: That part of the Northeast Quarter of the Northwest Quarter of Section 12, Township 118, Range 23, lying Easterly of the most Easterly line of Lot 3, Auditor's Subdivision Number 241, Hennepin County, Minn., and the Northerly extension of said most Easterly line to the North line of said Northeast Quarter of the Northwest Quarter. Parcel 3: That part of the North Half of the Northwest Quarter of Section 12, Township 118, Range 23, described as follows: Beginning at the Northwest corner of said North Half of the Northwest Quarter; thence East along the North line of said North Half of the Northwest Quarter to the Northerly extension of the most Easterly line of Lot 3, Auditor's Subdivision Number 241, Hennepin County, Minnesota; thence Southerly along said Northerly extension of the most Easterly line to the most Northerly line of ALPANA SECOND ADDITION; thence Westerly along said most Northerly line and its Westerly extension to the West line of said North Half of the Northwest Quarter; thence North along said West line to the point of beginning, which lies East of the West 40 feet of said North Half of the Northwest Quarter. Has caused the same to be surveyed and platted as VILLAS AT MEDINA COUNTY CLUB and does hereby dedicate to the public for public use the public ways and the drainage and utility easements as created by this plat. In witness whereof said Fairways of Rolling Green Limited Partnership, a Minnesota limited partnership, has caused these presents to be signed by its proper officer this day of 20 Fairways of Rolling Green Limited Partnership. By: Fairways of Rolling Green General Partners, Inc. Its: General Partner By: , Its President STATE OF MINNESOTA COUNTY OF HENNEPIN The Foregoing instrument was acknowledged before me this day of , 20 by , the President of Fairways of Rolling Green General Partner, Inc., a Minnesota corporation, as the general partner of Fairways of Rolling Green Limited Partership, a Minnesota limited partnership, on behalf of the partnership. (Signature) (Name Printed) Notary Public, County, Minnesota My Commission Expires I Chris Ambourn do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathmatical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statues, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of 20 Chris Ambourn, Land Surveyor Minnesota License No. 43055 STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me on this day of 20 , by Chris Ambourn. (Signature) (Name Printed) Notary Public, County, Minnesota My Commission Expires R.T. DOC. NO MEDINA, MINNESOTA This plat of VILLAS AT MEDINA COUNTRY CLUB was approved and accepted by the City Council of MEDINA, Minnesota, at a regular meeting thereof held this day of , 20 if applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statues, Section 505.03, Subdivision 2. CITY COUNCIL OF MEDINA, MINNESOTA By By Mayor Clerk RESIDENT AND REAL ESTATE SERVICES, Hennepin County, Minnesota I hereby certify that taxes payable in 20____and prior years have been paid for land described on this plat, dated this day of , 20 Mark V. Chapin, County Auditor By Deputy SURVEY DIVISION, Hennepin County, Minnesota Pursuant to MINN. STAT. Sec. 3838.565 (1969) this plat has been approved this day of__, 20 Chris F. Mavis, County Surveyor By REGISTRAR OF TITLES, Hennepin County, Minnesota I hereby certify that the within plat of VILLAS AT MEDINA COUNTRY CLUB was filed in this office this day of , 20____, at ___ o'clock __.M. Martin McCormick, Registrar of Titiles By Deputy vikv WENCK - ASSOCIATES Sheet 1 of 6 Sheets s499ys g Jo Z 4991/s S3IVIOOSSV - ON3MAV N o' V AI mlN pl A A 0- z' N c-7 AI m aI of 99'LLSZ 3.94,SS.685 lZ'9£9Z M,96,6£.695 L4'9£9Z 3,L4,£Z.698 9Z"463Z 3,60,84.69N 1 u, Is; Q Im 8 N IN N 9£'£99Z 3,LO,£L'.6cao 71d130 NM00NV3L18 N01103S O;Oyd lopeo Jed Ja;DM uado se ouap slay;o to spuo; ;am pa;oaugap sa;ouap — — — SS0£, .0N asuaon to pa Jow puo ;as adid ups you! 4{ x you{ z/{ sa;ouap puns,' ;uawnuow uoq sa;ouap punoi ;uawnuow u0n ;sou se;ouap h1 el,Ll.00S -wog o; pownsso s; re a6uoa g{; diysuMo,{ { uopses Lo 4/1 gemy;nos ay; Eo sup ;so3 eta MON NO11V1N32/0 ONWV38 1114 Ni 34/39 00£ OSL 0 O • O ON '000 4/l MN 3H1 30 b/l 3N 035 JO lO d3N800 3N 3H1 0S7V £Z 'M '811 / 1 1 '035 JO 4/1 MS 3211 JO / 83N2100 3S 328 SV 1N3NNNON NO27 15140 ,uNnoo N1d3NN31.1- l '03S d0 1,4 MS 3241 d0 3N17 15173- I / £Z '8 '81l 1 'l '03S d0 4/1 MS � 3211 JO 213N800 3N 3141 114 L8961 351,0 SN382/01 2138 1171' oNnod - \ \ n LLICOV CNOCES IVL/111V�.'Y IVV�/�J S,iiV/Ivz., Iwo tl� _ tlN3d I I 1V 0N0 1314 N n Z1 '03S d0 4/1 Zl '035 5133HS 9 30 £ 133HS 33S MN 3H1 JO Z/1 21121ON3H1 JO 3N17 211210N- 0001, JO 4/1 MN 3H1 20 1,./1I ' - 2131VM N3d0 \ \� 3N 3H1 d0 3N17 H180N- ( _ 6FYu1�� tl 3NI� _ [S'98t = — -J-• _ _ ss'L'sz� _� 18'L09Z M,9b,90.8BS / l 035 JO 1,/1 MS / 00094 3211 JO 3N17 H1nOS- \ \ • -.0,0= N3do I \ pilM \ • D � • rl o 0 h 'rnN m 0.0 \ ai-'pGC,o \ A (00 \ vvON v W101 J VVVIt\ N�6' .9 5 ^ - , N3dpl 6 )10018 6Z �%cuard- 60p NN, or o �nc -�BD Alf` Nm �OssSyF � \x1`yVO 3F! 22N£ � � /1 3s�2ts £� X 3 sl �N W s?�F6£Sg2c� IjN N C -� mti NN O 2 J// / � I '1' � � 11N3W35V3 .(lnun � \ ( / 73JVNlb2/O� / � l � �I ob os �`$7t s982< 1 / / M„0"SS,pp/5 1�.j\J �\ ` - _ <s�LS b k %' `> C,vV es.ACSF,sb.69s Y b 1 04 I S 041 SOS I\ I I 27 41 F 525.56 0 .$ S ,p a� q Ha M �N``" A 1H39iSYi �� J• to •1 43" a- I ' ` 3hion ) J `:'md cry' �•(.\ n t^ n� l_ 'II" 1-30VNroM0��2� c+ °,tim l \\ 7 LZ'F!1 Of, s C �ti �4b�/ ot: \/ 9�64`0\ 4 -,r, \ S133HS 9 30 S 133HS 33S tl 13SNI OL'494 M,£1,8f.88S M"l9 \ ,11 �'t0.009 Hg 9 409 133HS 33S »'r>a 33'NMYHJ LLZZL S 13SN1 91.SF,9LOON __ I LOVi l • I • 18'88-70 ALO£,BI.Fi00•8 a AC\1 ,lboi9a=o •I - _ - 6L'LZZ -1 I , - 3tINStl3W L£'L6S8 3.39.99.68N o (L8861 3890 SN3M901 Mad 9YL66Z) o O'988 l '035 JO 4/1 MS 1 3H1 30 3N17 1880N- L onio AH±Nnoo VNICI3V\I lt/ SV1-11A \ S133HS 9 AO 4133HS 33S V 13SNI a, OS 71> f.l C7 C7 L') J> L ;C I rli i . 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I z., I 1 £Z 'M '911 1 Zl '03S d0 4/l MN 3211 JO Z/1 H12/ON 3211 20 213N2/00 MN 3241 0S717' £Z '21 '911 1 1 '03S 3O 4/1 MS 3141 1V 1V3WONOW N081 15140 .UN1700 N/d3NN3H rn J: 7J -� C) rn r- =i () ?J rn 1,1 0 rni C) Cil C7 C' C) (n rn <(: ) (: ) - -- 1\21±100V aa� 6m1,7 133HS ]�Id 0 a 3 11 April 2015 8:37 AM M:\3490\0004VA0\REF\final plat SHEET 3.dwg HENNEPIN COUNTY CAST IRON MONUMENT AT THE SW 1/4 OF SEC. 1, T. 118, R. 23 ALSO THE NW CORNER OF THE NORTH 1/2 OF THE NW 1/4 OF SEC. 12, T. 118, R. 23 50 40 740.00 1 �• e•f0.a0 40 , C3 EAST LINE OF THE WEST - 1'- 40 FEET OF THE N. 1/2 OF THE NW 1/4 l N m N L.) rn WEST LINE OF THE NORTH - I C,) V2 OF THE NW 1/4 OF SEC. 12 gh- -' \ rA� w CL \ 0 O \� O o 'E Z F- I C) -= h F- 40 C� <t. i(4(�11'�10.00 40 40 \ FOUND JLM PER E) , TORRENS CASE 19587 - C1il --- A/DAAii-rrCOND A/ I"It.r IVI"1 ..LVV/Yl/ I"IU!//I/V/Y �I VILLAS AT MEDINA COUNTRY CLUB SEE SHEET 2 OF 6 SHEETS / -SOUTH LINE OF THE LINE A / SW 1/4 OF SEC. 1 S89'05'4..6.1F 260791 — —-1253.T — — \ -NORTH LINE OF THE NORTH 1/2 OF THE NW 1/4 OF SEC. 12 AUDITOR'S SURD. C3 ▪ '- C) OPEN WATER 24i �W I N �,o 'a ,y s,, Wi''6 -EASTERLY RIGHT-OF-WAY � W 2 LINE OF H.C.S.A.H. NO.3 "�W116, PLAT 21 PER CRWoWDOC. NO. 405704503 mNBLOCK !�J=iW2�bb jW WO�- __\_ // �3W� f \ \ \ - - - - - � 16.5 FOOT WIDE US WEST 8 0 / W � )' 'COMMUNICATIONS EASEMENT DOC. / 7 / NO. 5373060,n / � � � � \ l 1 2425898 AND 2472109 ~ / .,`,'3'.._ r Og _ 1 I ri __7\\\\ / \\\\\\�f`S---. _ I �I 28.82-_ =i: P OPEN WATER „o r _ ,,L.�n\_ �__ � _,„ `-__ ` ______ •,-,k ----__ 1451.57 S89°03'53"W 1461.57 MEASURE f (1481.61 PER TORRENS GCSE 19587) l MOST NORTHERLY LINE- / OF ALPANA SECOND ADDITION , -SOUTH LINE OF / THE NORTH 1/2 / OF THE NW 1/4 2ND ADDITION 29 1 --T1n73s -- \ -NORTH LINE OF THE NE 1/4 OF THE NW 1/4 OF SEC. 12 -EAST LINE OF THE SW 1/4 OF SEC. 1 0 -HENNEPIN COUNTY CAST IRON 0 150 300 / MONUMENT AT THE SE CORNER / 1 1THE 23 OF SEC. 1, T. 1 8, R. 23 ALLSS O THE NE SCALE IN FEET R. T. DOC. NO CORNER OF THE NE 1/4 OF THE NW 1/4 OF SEC. 12 I �8 N C1 V vLROhLur ROAD \ \ \ \ — \\--' q N 30 °- \ \ Z\ \ N •, \\ \ c tr \ co 'NC LU \ -FOUND ✓LM PER K n TORRENS CASE �i y 19587 ooQ^ N w yOJy p . / -MOST EASTERLY LINE OF Z / LOT 3, AUDITOR'S ,n SUBDIVISION NO. 241 I -- -FOUND JLM PER TORRENS CASE 19587 �\ \ -� Co\ \ - -30 FOOT WIDE SANITARY )- \ \ / ' SEWER AND WATERMAIN C[ \, /\/ / 33SEMENT 785603 C AND2472109 \\ � ) \ \ \ \ 20 FOOT GAS EASEMENT \-"-DOC. NO. 3808610 AND 30D-- \ \\ 24I2109 I \I \'I \\ \,_------i- 1J1—i--' ,A, -180.18 - L.,1 599.39 f - - i - - 323.74 } - Pik - S89°22'30"W 1088.31 MEASURE of -FOUND JLM PER / TORRENS CASE / (1085.37 PER TORRENS CASE 19587) 0 19587 O N M \ -SOUTH LINE OF THE NE 1/4 OF THE NW 1/4 OF SEC. 12 rv; D/NA CL / U ES✓ALE MARKETPL A ,F BE4RING ORIENTATION NOTE: The East line of the Southwest 1/4 of Section 1, Township 118, Range 23, is assumed to bear SO0'17'1814! O denotes cast iron monument found • denotes iron monument found O denotes 1/2 inch x 14 inch iron pipe set and marked by License No. 43055 denotes delineated wet lands by others denotes open water per aerial photo W WENCK ASSOCIATES Sheet 3 of 6 Sheets s49,94S g Jo ti 49ayS S3IVIOOSSV - ON3MAV J 0 0 oom<- A1.94,5ZZ6 S4 1 I l �4, ye 90 `s C7 70 70 C) C7 09 o` 34, '02 09s. ZfZOt Sii,00`713 i VIVICEN 64 0 t yt H V ' CVO v/v vey 7 i 3IV3V JJ3IVIJI I433 / ./IVI I IV 2,1 90"F09 3AI1I0 OINId -• 86'EE96 0 M„ZS,OZ,OON OS m • + - 5 -� 3 00 00 06N DD,Lf9sa Zg•p£Z=7 .L£,i►.OZaV gr ''i+1�i „Ls,ISS=V •\�� 4.�D �, B6'Z4=7ZSZ{Z*7 O.LBS*a„Lf, 4*,OZ=p ; • r-v- r r- ri j? ,i?Dr GH el yV �I 3 ill rL �YW wa '4 22 8 +iQ G ga m E � b f g I+f t I Z 4 M � 1« 1 1N3l195V3 Alnun >d • j �,1LLtoZ.6YN �30VN/Va0_ l88_ OZ'el� -49'l LL 3. 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N7 S71.69964 • asp h LOT 29 BLOCK 1 SEE SHEET 2 OF 6 SHEETS n \ \ '5'' S. 1�i S. °L. [s C NN ,,LI L. S. `.\- \\ I I ���`� I I �I r 5 e 5 .1 � I I o I I o - -'I _Ld 507 `J0832o • \ _ - �• / ---- ---J �--- ---- J � �- • 1 II 1 bl � Lag ae'J7• _ u • d=7B•7r2r - - - - - - - R=1s S7 7p7j `-[=B4^`5 R=?66A8 _ --1- • o _ S86'24'50'W 150.49 s7s. s??'c'p c � L=eBB3 R=25g 747j3� 494' cl'� ' ,y\ Being 5 feet in width and adjoining lot lines and - - - d=1sa7:2 / �°y,,��0 �,'� being 10 feet in width and adjoining public ways, '1 [=4j4, 1' _ - _ c��b��19 unless otherwise indicated on this plat. L=25.3BL d=� i99'^.Sg �H72"1T _ - 5B6'2315 150.49 i _ p� ' - [_ _ R=J16AB d =5'35'44' :457-.4,j' C=BBB6d=l2'29'00' 1--------- 7 .�3��21I21 r--------y� r- /70 ,G33 ^''I \�56I//go5,y�h',�BEARING ORIENTATION N07E.•4. 1 /y9//��The East line of the Southwest 1/4 of "CI Section 1, Township 118, Range 23, is n 7. / assumed to bear S00'17'18"W. See sheet 1 �I ^I 35 � 36 /70 • 2 of 6 sheets. b "1 / I / ra // rya O denotes cost iron monument found �� \7 � m / 0 • denotes iron monument found �2p2a °gas\ B7\6 1 � // h� O denotes 1/2 inch x 14 inch iron pipe set and �36 1 se77138 E / marked by License No. 43055 - • 07),/ry � J \� N89'47'OTW 79. 76 - �i_ _ 56.03_ _/-7p ry� 7�( 2 denotes delineated wet lands by others 't70 I>19.9/ ni `7.88'� i u _ _ _ 5,7j�py1 5 EAS£MEN7� - u 4744 • / denotes open Water per aerial photo •• 571708�1 - R.T. DOC. NO 0 40 80 SCALE IN FEET 77.00 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN 77-IUS: ASSOCIATES Sheet 5 of 6 Sheets s49,94S 9 io 9 49a14S S31VIOOSSV - ON3MAV I / \ I i S133HS9 JO Z 133HS 33S -a 1mlno - / / a•.er=7 `/ .Osfszz-p og,£t.PLI= p B9 {01=70 00.19=5 19.,91=7 3,11,M*171 =Dd19 0 r I N I �0 i � gg'Z9 0, r— / 39. / J / r / o / 3 LZ•SZ.9LN - { r-- I I I I I JL �1 03'6e _ p6 r £b 00.06 133J NI 31VOS 09 0£ ON "OOO b •;old sly; uo pa;oolpul asl,xlay;o ssalun 'sXoM ollgnd 6ululofpo pup y;pl9, ul ;ea; 01, 6ulaq puo scull ;ol 6ululofpo puo y;plM ul pa; g 6uleg r r I iI O j O 1 9 g I I SnHl NMONS 3bV S1N3i13SV3 ABM!? ONV 3OVNM2/O \ \ \ ONtn 13M// S133HS9 30 Z 133HS 33S I. 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DATE DESCRIPTION REVISIONS VILLaS a NACAMPION ENGINEERING IC SERVICES, INC. • Civil Engineering • Land Planning 1800 Pioneer Creek Center, P.O. Box 249 Maple Plain, MN 55359 Phone: 763-479-5172 Fax: 763-479-4242 E—Mail: mcamplonOcampioneng.com ME I\ c MEDINA, MN I hereby certify that this plan, specification or report has been prepared by me or under my direct supervision and that I am a duly lise Pr sional Engineer undeM.tbe law4'a>ti to of Minnesota. 04/07/2015 Martin P. Campion —Lic. / 19901 Date: Y CLU OWNER/DEVELOPER VILLAS OF MEDINA LLC DON RACHEL 4125 NAPIER CT NE ST MICHEAL, MN 55376 PHONE (763) 424-1500 EMAIL DRACHELORACHELCONTRACTING.COM ENGINEER CAMPION ENGINEERING SERVICES, INC. MARTY CAMPION 1800 PIONEER CREEK CENTER MAPLE PLAIN, MN 55359 PHONE (763) 479-5172 EMAIL MCAMPIONaCAMPIONENG.COM SURVEYOR WENCK ASSOCIATES 1800 PIONEER CREEK CENTER MAPLE PLAIN, MN 55359 PHONE (763) 479-4200 LANDSCAPE ARCHITECT OUTWORKS DESIGN DAN SJORDAL PHONE (612) 360-5757 EMAIL DAN®OUTWORKSDESIGN.COM GOVERNING SPECIFICATIONS: 1. MINNESOTA DEPARTMENT OF TRANSPORTATION "STANDARD SPECIFICATIONS FOR CONSTRUCTION" LATEST EDITION AND SUPPLEMENTS. 2. CITY ENGINEERS ASSOCIATION OF MINNESOTA (CEAM) STANDARD UTILITIES SPECIFICATION. LATEST EDITION. 3. CITY OF MEDINA STANDARD SPECIFICATIONS AND DETAILS 4. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND ORDINANCE WILL BE COMPLIED WITH IN THE CONSTRUCTION OF THIS PROJECT. BENCHMARK: TOP NUT HYDRANT FOXBERRY FARMS ROAD & CO RD 116 ELEV=1011.69 INDEX SHEET NO. DESCRIPTION 1 COVER SHEET 2 EXISTING CONDITIONS 3 OVERALL UTILITY PLAN & NOTES 4 SANITARY SEWER & WATERMAIN PLAN — FAIRWAY DRIVE 0+00-12+00 5 SANITARY SEWER & WATERMAIN PLAN — FAIRWAY DRIVE 12+00-21+00 6 SANITARY SEWER & WATERMAIN PLAN — FAIRWAY DRIVE 21+00-28+68 7 SANITARY SEWER & WATERMAIN PLAN — SHAWNEE WOODS ROAD 8 OVERALL STREET & STORM SEWER PLAN & NOTES 9 STREET & STORM SEWER PLAN — FAIRWAY DRIVE 0+00-12+00 10 STREET & STORM SEWER PLAN — FAIRWAY DRIVE 12+00-21+00 11 STREET & STORM SEWER PLAN — FAIRWAY DRIVE 21+00-28+68 12 STREET & STORM SEWER PLAN — SHAWNEE WOODS ROAD 13 STORM SEWER STMH-18 TO CBMH 26, OCS 14 REAR YARD STORM SEWER — LOTS 1-26 15 FOUNDATION DRAINAGE LINE — LOTS 1-26 16 FOUNDATION DRAINAGE LINE — LOTS 30-36 & 37-44 17 OVERALL GRADING PLAN & NOTES 18 GRADING PLAN — WEST 19 GRADING PLAN — NORTHWEST 20 GRADING PLAN — NORTH 21 OVERALL STORM SEWER POLLUTION PREVENTION PLAN & NOTES 22 STORM SEWER POLLUTION PREVENTION PLAN — WEST 23 STORM SEWER POLLUTION PREVENTION PLAN — NORTHWEST 24 STORM SEWER POLLUTION PREVENTION PLAN — NORTH 25 OVERALL TREE INVENTORY 26 TREE INVENTORY — WEST 27 TREE INVENTORY — NORTHWEST 28 TREE INVENTORY — NORTH 29 OVERALL LANDSCAPE PLAN & NOTES 30 LANDSCAPE PLAN — WEST 31 LANDSCAPE PLAN — NORTHWEST 32 LANDSCAPE PLAN NORTH 33 DETAILS 34 DETAILS 35 DETAILS 36 DETAILS 37 DETAILS 38 DETAILS VILLAS AT MEDINA COUNTRY CLUB VILLAS OF MEDINA, LLC MEDINA, MN COVER SHEET SHEET NO. 1 OF 38 SHEETS PROJECT NO: 13-040 DATE: 03/06/2015 9 6 OZ/90/£0 31V0 Sl]]HS 8£ AO Z 'ON _MHS Ob0-£ 6 :ON 103f08d SNOI11aNO0 91\1119IX3 NW `b'NIa31/11 011 `dNia31/11 JO SV1-11n snip ALLLN(100 VNIa31/111V Sfn-11A sloz/Lo/4o :0100 10661 / '011— uadumo ' uwori •olosauum ;o al nII aylEdapun Jaaul6u3 louols d pasu lnp o wo I lo43 pun uolsyiedns pomp Aw uepun uo ow 6q paiodaid uaaq soy Modal uo uollooppads 'uold s141 4041 A;RuaO Actaua4 1 woo•6uauoldwoo®uoldwoow :IIoW-3 Z4Z4-61.4—£94 :xoj ZL19-6L4—£9L 10004d 6S£SS NW 'u!01d aldolq 64Z ■08 '0'd Laluao loco uaauold 0091 6uluueid puei a 6uuaaul6u3 MO a 'ONI `S301/\2:13S 91\11H33N19N3 NOIdW`dO N SNOISIA38 Nald180S30 'ON SLOZ/LZA0 031V0 M3IA38 Alp 83d SIOZ/L0/40 l 133i NI 31VOS OIHdYNO OY OOZ 0 69'1.1.01.=A313 914 08 00 78 OV08 SII8Vd A.8838X0d 1N\210AH 1nN d01 :N2MWHON38 ONI 'S301A213S 1V1N3WN0211AN3 onvi-norm A8 031V3N1130 SONVll3M '£ (410Z) omun21ns ONVI 30Nns A8 A3ANns AavaNn08 Z (SOOZ) S31MOOSSV 0110 A8 A3AN0S 01HdV800d01 'l S310N S3N11 A183d08d MOH NIVWN3IVM X3 NONNI—NnO1N00 ONLLSIX3 80NI11— 21nO1N00 ONIISIX3 Sn083J1N00-33211 Sn001030-332LL N311n0 821n0 31380N00 X3 118 30 3003 30N3d X08 IIVW 310d 83MOd 'o' lId 1S31 HW 83M3S A8VIINVS 310HNVW NISV8 HO1V0 213M3S 1.12101S 'S'3'3/3dld 1V1311 031VOnNNoo I3+-- ON303l '8318V00 1S3MH180N 3H1 d0 d1VH 1-1NON OIVS 30 133d 04 1S3M 3H1 d0 19v3 S311 HOIHM 'ONINN1038 JO 1NIOd 3H1 01 3N11 1S3M OIVS 9NO1V H1NON 30N3H1 !83121V00 1S3MH1210N 3H1 30 J1VH H180N OIVS d0 3Nf1 1S3M 3H1 Ol NOISN31X3 A12131S3M Sll ONV 3NI1 A183H1210N 1S01,1 OIVS ONO1V Ald31S3M 30N3H1 :NOWOOV ON003S VNVd1V d0 3NI1 AlN3H1210N BON 3H1 Ol 3NI1 A12131SV3 BOW 3H1 JO NOISN31X3 A1213H1210N OIVS ONO1V A183H1nOS 30N3141 !V10S3NNIW 'ALNn00 NId3NN3H '14Z 8381111N NOISIAI080S S,LIOlIOnv '£ 101 30 31,1I1 A1831SV3 1S01^I 3H1 30 NOISN31X3 A183H1210N 3H1 Ol N31NVnO 1S3MH1NON 3H1 d0 31VH H1210N OIVS d0 3NI1 1-11210N 3H1 ONO1V 1SV3 30N3141 !N318V110 1S3MHLIION 3H1 30 .41VH H1210N OIVS d0 213N2100 1S3MH1210N 3H1 1V ONINNI938 :SM01103 SV 038180S30 '£Z 3ONV8 '8lL dIHSNM01 'ZL NOI103S 30 83121Vn0 1S3MH1210N 3H1 d0 d1VH H1210N 3H1 d0 121Vd 1VH1 :£ 13021Vd '21318V110 1S3MHDION 3H1 d0 213awn0 1Sd3H.L8ON OIVS 30 311I1 1-11.110N 3H1 01 31,0 A1831SV3 BON OIVS 30 NOISN31X3 Ald3H180N 3H1 ONV "NNIW 'ALNn00 NId3NN31-1' l4Z 2138WON NOISIAIOBnS S,2101IOnv '£ 101 d0 3N11 A18319v3 BON 3H1 30 A1831SV3 ONIA1 '£Z 3ONV21 '8LL dIHSNM01 'ZL N01103S 30 8318V110 1S3MH180N 3H1 30 83121vn0 1SV3H1210N 3H1 JO 121Vd 1VH1 Z 1308Vd 11318Vn0 1S3MHMOS OIVS d0 133d 04 1S3M 3H1 d0 1Sd3 S311 HOIHM 'tllOS3NNIW 'A11,11100 NId3NN3H '£Z 3ONV21 8ll dIHSNM01 'L N01103S i0 83121H00 1S3MH1nOS 31-11 L 1308Vd SNOI1dIbOS34 A1113d021d J y%in \ T %,,,'- NOTES: -�.--%:',' -- 2 1S 1. ALL WATERMAIN SHALL BE 8" PVC C-900 DRIB. 1-�_Y eOa '11 2. ALL WATERMAIN SHALL 7.5 FEET MINIMUM COVER. WOODS OP MEDINA N �, N,,,,,,,` �,, ,�,_ N N e. PPend r10 assViai.a7 r�,e . ��� .' ' e„^y �.,'� -%- �\\ ,i .o., " I (-Tel'. R "--'\ ✓ 1\ v 11�JI %\ ,,,s HAVE 3 1' 3. ALL PVC SANITARY SEWER SHALL BE SDR 26 OR SDR 35 SEE PLANS FOR \-_„ # LOCATIONS. 4. SANITARY SEWER SERVICES SHALL BE 4" PVC SCHEDULE 40. Se`0„ \ 5. WATER SERVICES SHALL BE 1" HDPE SDR 11. \ qy 6. PROVIDE TEMPORARY TRAFFIC CONTROL IN COMPLIANCE WITH MNDOT \ Ton 'TEMPORARY TRAFFIC CONTROL ZONE LAYOUTS -FIELD MANUAL" LATEST `� REVISION, FOR ALL CONSTRUCTION WITHIN CSAH 116 AND SHAWNEE WOODS ROAD RIGHT OF WAY 7. EXISTING UTILITY LOCATIONS AND ELEVATIONS SHALL BE VERIFIED IN FIELD PRIOR TO CONSTRUCTION. 8. EXISTING HOMEOWNERS SHALL BE NOTIFIED IN ADVANCE WHEN ACCESS TO HOMES SHALL BE IMPNRED DUE TO CONSTRUCTION ACTIVITIES. ACCESS SHALL BE RESTORED AT THE END OF EACH DAY. -- -- --_______ __ ___ __ _ -- W -e•� -�� ;� '==�-=-- GOVERNING SPECIFICATIONS: 1 - . .,,, ,� wr.-=_ _ co Q �roil FOXBERRY � FARMS---�ooax ROAD &pufw_,' CC� CC W CO 0LL, k o 0 z _ Q W , t,n _ _ ____I 2MEANOFr;.__ _ROAD'-,-��—<--<-1 �_ Ct � wl U zI ��� I p L j IL - I I $ T I #all ' '411m 1 - ,l • 0 Mr�n r------- 1. MINNESOTA DEPARTMENT OF TRANSPORTATION "STANDARD -"~� �� - ° ...2g< ' ° SPECIFICATIONS FOR CONSTRUCTION" LATEST EDITION AND � \/P..,. t,-� --.... SUPPLEMENTS. 0,0i 2. CITY ENGINEERS ASSOCIATION OF MINNESOTA (CEAM) STANDARD t t..f ,_, . BLOCK i _ ° ° r / ""'"°"` Meadows UTILITIES SPECIFICATION. LATEST EDITION. ( ` 111 \ WilFifth Addition 3, CITY OF MEDINA STANDARD SPECIFICATIONS AND DETAILS 4. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND I \ \ 1 01 p ounoT B NATURE PRES E PARI�� ° I� /� ORDINANCE WILL BE COMPLIED WITH IN THE CONSTRUCTION OF THIS PROJECT. o� i F—I�" LEGEND i _ �� V r ° —o, o PROPOSED SANITARY MANHOLE • PROPOSED STORM SEWER MANHOLE ® ii l ■ �I_ i' 1 I ,,,, \ PROPOSED STORM SEWER CATCH BASIN PROPOSED WATER GATE VALVE �� : . PROPOSED HYDRANT ! g > PROPOSED SANITARY SEWER 1 q ® —I PROPOSED WATERMAIN »— PROPOSED STORM SEWER © � I � - 11 " V _ ', 11111 , O lap \ !�� � BENCHMARK: TOP NUT HYDRANT litX'�jI • ° FOXBERRY FARMS ROAD & CO RD 116 ELEV=1011.69 1111 99� e�� d- '1 I MI l�= II 1��1 S' o A : ' I. C'' ■ \ _ I, 11 r� I "Ii il 0 �. — fit 0 �! i 1 p �i e� �i . LF i IIIe _ w � 1111 o © gnl I Sa,. Y, n. \\l v+n . E O I S o POW 2 16 15 0 150 N 300 rs GRAPHIC SCALE IN FEET 1 04/07/2015 PER CITY REVIEW DATED 03/27/2015 N CAMPION • Civil Engineering •Land Planning 1800 Pioneer Creek Center, ENGINEERING MapleBox PIan4MN 55359 SERVICES, INC. Phone: 763-479-4242 Fax: 7s3-a79-az4z E-Mail: mcampionOcamploneng.com I hereby cha or report has under my direct I am a dul li and ter fy that this peon, specification or been prepared by that supervision and that nse Pr slang! Engineer e of Minnesota. t`L 04/07/2015 VILLAS AT MEDINA COUNTRY CLUB VILLAS OF MEDINA, LLC MEDINA, MN OVERALL UTILITY PLAN & NOTES PROJECT NO: 1 3-040 N0. DATE DESCRIPTION111: C SHEET N O . 3 OF 38 SHEETS DATE: 03/06/2015 REVISIONS Martin P. Campton -Lic. /� 19901 Date: S 60Z/90/E0 31V0 0170-C t :ON 103r02Jd S_MHS 8E A0 17 .ON 1]31-IS 00+Z1,-00+0 3/\12:I4 AVN\ I`d� NI`dW2121b'M'8 2113M3S AHV1INVS NW `b'NI031/11 DTI `b'N1(33W JO SV-111/1 snip AL/11\1n00 VNI031/11 IV SV-1-11A :a;o0 L066L SLOZ/LO 40 •o;osauum ;o a3 ; T a � pun laaul6u3 pools d paeu.rH AIM) D wo I ;oy; puo uolsycledns pomp 6w Japun JO aw 6q pauodaud uaaq soy 110d9.1.w u011001410ads 'UDId OM 4041 6;O-190 Agaiay I 'OIl- U01 W03 '. 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C e00 � 000 1000 1 182 of 8 PVC SDR 35 O 0.40%- 400' of 995 290' of 8'. PVC SDR 35 O 0.40% 995 0.10x f 990 990 985 985 980 980 975 On cow cc;l: 08 a - n 88 mn co ad I� 88 0� *coN ro'� a o'o W v, o 0 N a ao 0 N o a; 0 mN mm 0 00' 0,N �m c of o0 Mm om .- of 00 975 cN 12+00 13+00 14+00 15+00 16+00 17+00 18+00 19+00 20+00 21+00 LEGEND PROPOSED SANITARY MANHOLE PROPOSED STORM SEWER MANHOLE PROPOSED STORM SEWER CATCH BASIN PROPOSED WATER GATE VALVE PROPOSED HYDRANT PROPOSED SANITARY SEWER - I PROPOSED WATERMAIN > >— PROPOSED STORM SEWER SEE SHEET 3 FOR SANITARY SEWER AND WATERMAIN GENERAL NOTES BENCHMARK: TOP NUT HYDRANT FOXBERRY FARMS ROAD & CO RD 116 ELEV=1011.69 0 50 100 GRAPHIC SCALE IN FEET 1 04/07/2015 PER CITY REVIEW DATED 03/27/2015 NO. DATE DESCRIPTION REVISIONS CAMPION ENGINEERING MSERVICES, INC. N • Civil Engineering •Land Planning 1800 Pioneer Creek Center, P.O. Box 249 Maple Plain, MN 55359 Phone: 763-479-5172 Fax: 763-479-4242 E-Mall: mcampionOcampioneng.com I hereby certify that this plan, specification or report has been prepared by me or under my direct supervision and that I am a duly li nse Pr sional Engineer and t e I to of Minnesota. 04/07/2015 Martin P. Cameron -Lic. p�1 90 r Date: VILLAS AT MEDINA COUNTRY CLUB VILLAS OF MEDINA, LLC MEDINA, MN (PROJECT NO: SANITARY SEWER & WATERMAIN 13-040 FAIRWAY DRIVE 12+00-21+00 SHEET NO. 5 OF 38 SHEETS IDA 03/06/2015 S I.OZ/90/EO 31V0 t- :ON 103r08d S_MHS 8E A0 9 .ON UT -IS 89+8Z-00+12 3/\1214 AV/V12:11`dd Nlb'W2131V/V\ 2j3M3S J HV_LIN`dS NW `b'NI031/11 DTI `VNIa31/11 JO SV-111/1 snip ALI1Nn00 MI031/11 1d SV-111n :awl LO66L 9LOZ/L0 i0 •o;osauum ;o a; ; T a � pun Jaaul6u3 louoM d pasu-rll AVM D wo I puo uolsy.Jedns poop 6w Jepun J0 aw 6q paJodaJd uaaq soy ;JOdaJ J0 u01100gpads 'uold sly; 4041 A;gJOo AgaJay •OIl- U01 WOO '. 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Campion - Lic. /` 1990 r Date: 7+00 8+00 9+00 10+00 11 +00 VILLAS AT MEDINA COUNTRY CLUB VILLAS OF MEDINA, LLC MEDINA, MN 12+00 N 0 50 100 GRAPHIC SCALE IN FEET 1035 1030 1025 1020 1015 1010 1005 1000 995 SANITARY SEWER & WATERMAIN SHAWNEE WOODS ROAD SHEET NO. 7 OF 38 SHEETS PROJECT NO: 13-040 DATE: 03/06/2015 9 6 OZ/90/£0 31V0 Sl]]HS 8£ AO 8 ON _MHS Ob0-£ 6 :ON 103f02dd -11` ?:0A0 NVid 213M3S 1Al2:10lS'2133b1S NW `b'NIa31A1 all `dNia31/11 JO SV1-11n snip ALLLN(100 VNIa3141 _LV SV-1-11A :ayo0 I.1366L /ion- uoidwo0 •d ulpoW S LOZ/L0/40 •oyosauully 10 ay nII ay3Edapun Jaaul6u3 louols d pasu 1np o wo I yoyy puo uolspuedns pomp 6w uepun uo aw 6q paJodaid uaaq soy podai uo uonmoNloads 'uold sm. loul Aln.Lao Agway I woo•6uauoldwovuoldwoow :IIoW-3 Z4Z4-644—£94 xo3 ZL1,9-6L4—£9L 101104d 6S£SS NW 'u!old aldom 64Z x08 '0'd vayuao ,limo uaauold 0081 6uluueld puei a 6uuaaul6u3 PO a 'ONI `S301/\b3S 91\11H33NIJN3 NOIdW'dO N SNOISIA3a NOLLdINOS30 'ON SLOZ/LZ/f0 031tl0 M31A38 Alp 83 SLOZ/L0/40 69' L L O L=A313 9ll ON 00 OVoa SIINVd M839Xod lAMOAH 1nN d01 :8NVWHON38 SS333V 313IH3A 30NVN31NIVN N01133S ON3 03ard 03S0d02Id NNaO ONVA/310HNVN 83M3S 11801S 03S0d0ad 310HNVN NISV8H31V3 03S0d0ad 31LLNIWO 03S0d0ad 83M3S 11801S 03S0d0ad NOIS ONIN21Vd ON 03S0d0ad NOIS dO1S 03S0d0ad NOIS LIMB 03S0d0Nd 1HOL1 I�?IIS 03S0d0ad 133! 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N:rp 0� 00 0+00 04 07 2015 DATE 1+00 ER CITY REVIEW DATED 03 27 2015 DESCRIP110N REVISIONS 2+00 3+00 4+00 CAMPION ENGINEERING m SERVICES, INC. 5+00 • Civil Engineering •Land Planning 1800 Pioneer Creek Center, P.O. Box 249 Maple Plain, MN 55359 Phone: 763-479-5172 Fax: 763-479-4242 E-Mall: mcampionOcampioneng.com 6+00 7+00 I hereby certify that this plan, specification or report has been prepared by me or under my direct supervision and that I am a dulyy li`-nse Pr= sional Engineer und-.•>t,e I•,r u; !. •te of Minnesota. 04 07/2015 Martin P. Campion -Lic. p 19901 Date: 8+00 9+00 10+00 11+00 SEE SHEET 8 FOR TYPICAL STREET & STORM SEWER NOTES LEGEND BENCHMARK: TOP NUT HYDRANT FOXBERRY FARMS ROAD & CO RD 116 ELEV=1011.69 1005 1000 995 990 985 CBMH 2 - RIM:1001.17 - STA: 0+76 - OFF: -19' L NE INV=994.04 S INV=994.04 PROPOSED STREET UGHT + PROPOSED STREET SIGN ✓ PROPOSED STOP SIGN 1 PROPOSED NO PARKING SIGN > >- PROPOSED STORM SEWER - DT)- PROPOSED DRAINTILE ® PROPOSED CATCHBASIN MANHOLE • PROPOSED STORM SEWER MANHOLE/YARD DRAIN PROPOSED FLARED END SECTION limrn MAINTENANCE VEHICLE ACCESS CBMH 2 - FES 1 00 nM rim - -31r-of 24" RCP-0-0 42' of 24"_tCP__01 o> UCC aZ 6' W V 8" SAN i 30` RCP z W SIAN 1 RIM: 997.07 INV=993.59 SE 1NV-991.10 74" RCP FES / TRASHGUARD & CL N RIPRAP_ 06V=990.76 _ 43' of 24" RCP ® 0.80% (INCLUDES FES) I � M a rn r 0 0 m n 0 0+00 CB 1 - CBMH 4 1010 1005 1000 995 no • r Q m JN Cam mmm .r0st A n 2� I>» s Q�zzz_ CD w- 8" WM--' V m d 0 rn 0 CB-1 RIM:1002.41 STA: 4+79- OFF:14' R W INV=998.50 28' of 12" RCP ® 1.61% 0+00 i 1015 1010 1005 1000 VILLAS AT MEDINA COUNTRY CLUB VILLAS OF MEDINA, LLC MEDINA, MN CB 3 - CBMH 6 CBMH 6 RIM:1006.14 STA: 11+00 - OFF: -14' L N INV=999.20 E INV=1001.71 S INV=999.00 0 N 0 0 0 X 0 ^ a II M > z °Leo 003 1+00 2+00 CB2-CBMH 5 1010 1005 C8MH 5- RIM:1004.63- STA: 7+22 OFF: -14' L-� - N INV=996.79 - E INV=1000.26- -S INV=996.59- 1000 - vi O m S RAP O 0.85% 8' WM 0+00 8" WM' 0 0 28' of 12" RCP O 1.21 % 0+00 1+00 0 50 100 GRAPHIC SCALE IN FEET STREET & STORM SEWER PLAN FAIRWAY DRIVE 0+00-12+00 SHEET NO. 9 OF 38 SHEETS PROJECT NO: 13-040 DATE: 03/06/2015 S I.OZ/90/EO 31V0 0170-£ I - :ON 103'0ad S_MHS 8E A0 Di, .ON UT -IS 00+1-Z-00+ZI, 3A1H0 AV/V\ IVd NVid 2:13M3S WHOlS'8133b1S NW `b'NI031/11 Oil `VNIa31/11 JO SV-111/1 snip ALI1Nn00 VNI031/11 IV SV-1-11A :alma 10661 SLOZ/LO 40 /� •o;osauu!W ;o al ; T a � pun Jaaul6u3 louols d pasu-r!I Ainp o wm I puo uo!s!nJedns pomp dui Jepun JO aw dq paJodaJd uaaq soy podaJ JO uogoogloads 'uold slL9 PAN d;OJao dgaJay uloo'6us uolduJovuoldulooul :IImW-3 Z4Z4-6L4-£9L D.3 ZL 18-6Li-£9L muoHd 68£89 'u!old Won 64Z x08 '0'd 'Alm* saeJo Jeeuold 0091 6uluueld puel a 6uuaau16u3 PIO e ONI `S301n213S W ON121DaNION3 NOIdWH9 N SNOISIA3a NOILdIaOS30 SIOZ LZ EO 031V0 M31A3a 1.110 a3 SIOZ LO 40 133J NI 3IVOS 01HdV210 00l OS m 00+1 00+0 8 § OV V a 0001 I— £'LOOT=ANI SOOT OWAHSV81 438 ,8l /M 9 Sad Y99'0 ® „81 30 ,OE dOa M S'L00 L=ANI OWL — aaVOoHSVal dal „91 6 /M S34 _ I 6 Sad - 8 Sad 566 SOOT 00+1 00+0 0 0 CO O 0 ro ^�WM 006-3 0Ad , t-YOS'0 O d321 ,Zl to ,SZ 16'4001= ANI M j � 0101 OL'6001:Wla S 80 SIOI OZOI - s «5 s 2 O�.Y® 04. 01HW80-58J 566 0001 MOI S 10L OZOI 00+L 00+0 o0 m� J rn A VIM 006- OAd %O L Ji L !o .9Z 00'5001= ANI M / a ,41:330 61+41 NIS 90.6001:W1N 4 80 Ulm z0 to 700 ZZZ.'�.,?•. <<<I px II p�,0 II 00A+CO OAA-• u)10o • NN OJ 8 HW80 - ti 80 SS300V 3101H3A 331.1VN3LNIVW NOLLO3S ON3 mem 03S0d0ad NW41a OaVA/310HNVW a3M3S MOB 03S0d0ad 310HNVW NISV8H00/0 03S0d0ad 3111NIVa0 03S0d0ad 23M3S Wa015 03S0d0ad —<<— NOIS ONINHYd ON 03S0d0ad -T- NOIS dOlS 03S0d0ad 69'11.01=A313 911 ON 00 ,9 (NON SWaVd Aaa38X0d 1NVa0AH JAN d01 •NNVWHON 8 886 066 566 0001 00+1Z 00+0Z 00+61 00+81 'OIl- U01 U.100 '. 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DIRECTION AT LOW POINTS 28+68 -CBMH 15 BMH 14 CULVERT PRORLE 1010 1005 1000 W FES 7 18" RCP W/ TRASHGUARD INV=1008.0 8" PVC C-900 WM -7-.'"-Q 8° PVC C-900 WM FES 6 18" RCP W/ TRASHGUARD & CL IV RIPRAP INV=1007.47 79' of 18" RCP O 0.67% (INCLUDES FES) 0+00 1+00 1010 1005 1000 0 oC r7 d N - �o w 8 8 + HIGH PT STA: 21+53.85 HIGH PT ELEV: 1013.23 PVI STA:21+50.00 PVI ELEV:1013.50 K:46.15 LVC:.100.00 m 1.17% - II II o o o N Q N 41 U 0 W w / LOW PT STA: 22+80.00 LOW PT ELEV: 1012.40 PVI STA:23+40.00 PVI ELEV:1011.60 K:40.00 LVC:200.00 r11brl 1'1 JIA: 213+16.b9 HIGH PT ELEV: 1021.17 PVI STA:26+00.00 PVI ELEV:1022.00 K:19.67 LVC:120.00 om ON + O N om o0 • rn m ^ m -10, N N BOO N x� I » ••a Lzz m1.L- UKrnOWm -1.00X i CBMH 13 RIM:1015.74 STA: 24+52 OFF:-12' L E INV=1010.32 W INV=1010.32 N INV=1010.32 172' of 24" RCP O 0.74%J PROPOSED CENTERUNE PROFILE - _ - - -- - EXISTING GROUND PROFILE , - 18" RCP II II II -- --- N 1:1 on to N U rii > > w W A 011' in r%s no? JOO a n n 11 II O N ^> x� I Z > �'•.k i OM CI OZ3 -210z 330' of 21" RCP O 0.30% of 18" RCP I0.53% rn M- Nc„ (V cVO_ err a=5511 5o- II> x ,> > Z c <WZ_z- 01X41WZ I 1035 1030 1025 1020 q-q STA = 28+78.00 00% ELEV = 1018.918 GRADE BREAK STA = 28+62.00 ELEV = 1016.498 /-SEE SHEET - -J ad 0 n 5 n 0 5 O 5 8 IH 5 M 5 5 (tea cV 5 N Y 5 Nj a 8 m 5 M 5 8 M N 0 5 ai W of 5 O ri 5 ri 5 20+00 21+00 1 04 07 2015 PER OTT REVIEW DATED 03 27 2015 NO. DATE DESCRIPTION REVISIONS 22+00 23+00 24+00 25+00 NACAMPION ENGINEERING IC SERVICES, INC. • Civil Engineering • Land Planning 1800 Pioneer Creek Center, P.O. Box 249 Maple Plain, MN 55359 Phone: 763-479-5172 Fax: 763-479-4242 E-Mail: mcampionOcampioneng.com 26+00 27+00 I hereby certify that this plan, specification or report has been prepared by me or under my direct supervision and that I am a duly IiGpnse Pr sional Engineer undev9.tbe Ia to of Minnesota. 19901 Martin P. Campton -Lic. / 19901 Date: 04/07/2015 28+00 29+00 1015 1010 1005 1000 995 990 LEGEND CBMH 12 - FES 10 LEGEND PROPOSED STREET LIGHT + PROPOSED STREET SIGN v PROPOSED STOP SIGN 1 PROPOSED NO PARKING SIGN )0•- PROPOSED STORM SEWER -DT)- PROPOSED DRAINTILE ® PROPOSED CATCHBASIN MANHOLE • PROPOSED STORM SEWER MANHOLE/YARD DRAIN CD PROPOSED FLARED END SECTION I MAINTENANCE VEHICLE ACCESS SEE SHEET 8 FOR TYPICAL STREET & STORM SEWER NOTES $ENCHMARK: TOP NUT HYDRANT FOXBERRY FARMS ROAD & CO RD 116 ELEV=1011.69 1025 1025 g m03 �ip^ 1020 nc. edo n • 1020 Nao0 N H 1.+ a'87 N x.- ,-» N=OI> 7Q ..ZZ x•->Z 0cecoozrn CBMH 12 M-z3 1015 _ RIM:1012.97 COW 1015 STA: 22+80 FES 10 OFF: -14' L E INV=1009.05 S INV=1009.05 _ 27RCP FES �W/ TRASHGUARD & CL IV INV=1007.51 RIPRAP 1010 1010 -i_ L52' 29' of 21" RCP O 0.70%- of 24" RCP O 0.83% 1005 105' of 24" RCP O 0.87% - 1005 `8° PVC C-900 WM PVC C-900 WM 0..........---8" 1000 M u1 17 5 f f of V 5 1000 0+00 1+00 2+00 FES 12 - CBMH 13 1025 1020 1015 1010 1005 FES 12W/ TRASHGUARD �I 21° RCP FES 4111' NO! 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FES rM aD M O W h 5 0+00 1+00 VILLAS AT MEDINA COUNTRY CLUB VILLAS OF MEDINA, LLC MEDINA, MN 0 50 100 GRAPHIC SCALE IN FEET STREET & STORM SEWER PLAN FAIRWAY DRIVE 21+00-28+68 SHEET NO. 11 OF 38 SHEETS PROJECT NO: 13-040 DATE: 03/06/2015 S I.OZ/90/EO 31V0 SEE -IS 8£ A0 Z1, .ON 1]31-IS 0.170-£ I - :ON 1D3r021d adOH SGOOM 33NMVHS NVid 2j3M3S WHO'S'8 1332j1S NW `b'NI03141 DTI `VN1a31/11 JO SV-111/1 snip ALI1Nn00 VNI031/11 IV SV-1-11A :alma L066L //'o!l- uadwoo." •" un.iow S LOZ/[Oh° 'L'•'4,'V`"T % , j •o;osauu!w ;o pun 1aaw6u] louols d pasu !o wo I puo uo!s!nuedns pomp 6w uepun u0 aw Lc] pauodaud uaaq soy p0d9u uo u011009peds 'uold sly; 404; 6;gua0 Mgauay woo•6usuo!duuoopuo!dwoow :IImW-3 Z4Z4-6L4-£9L :%m3 ZLL5-6Li-C9L :auoyd 69£SS NW 'u!old Won 64Z xo8 '0'd 'Alm* 1pauo uaauold 009L 6u!uueld puel� 6uuaeu0u31!An • 'ONI `S30In213S W 91\1121DaNION3 NOIdWVO N SNOISIA3a NOILd183S30 31V0 'ON SIOZ/LZ/£0 031V0 M31A39 M11O 93c SIOZ/LO/40 l 1334 NI 31VOS OIHdV80 DOl OS 1 OO+L 00+0 NJ O O o Of o o OLOL SIOI OZOI %OS'0 i - NM 006-3 3Ad .9 0 308 ,Z 9 L to ,9ZJ = ANI M LO L=ANI N a ,£L:3d0 _ /i 9£'S £'51 SZOI L1+4 :41S Z5'6LOL:44I8 9L H4180 coo Z•'•'D� _ I co mo m-l;m O w + ro o1 VI ww MINGO - L 80 00+L 00+0 00 Pm co W ciao 50oL 500L WM 006-0 OAd „9� OIOI %L4'0 0 d08 ZL 10 ,9Z� OIOI SIOI 16110I= ANI MS\ l£'Z lO L=ANI N SLOI LLZIOL=ANI 3 Z5.9LOL:1118 / 51 HW83 -171X, m z. <o OZOL LP OZOL _ON N� f,' 1 5lHW80-980 00+LL 00+0L 00+6 00+9 OO+L 00+9 00+5 00+4 00+£ 00+Z 00+L 00+0 N to 0 0 N N N LJ O N N o A O co O o c O o O O o to o to O O P P CO o O O rn V ccoo o O O Ll 51- - — { r- II II If - I1 II II If II II Il II II It _-_-__-- OZ'£LOI=ANI —dVadia Al 10 aaVn3HSVa1 /M SLOT S33 308 ,91 41. 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MH R1M= 7001. 76 INV= 979.06 ex. curb & gutter r STMH-18 TO CBMH-25 FES 2 MAINTENANCE ACCESS, TYP nm p o i Z i i a3 z= / / / / STMH 5 STMH 4 w vim^ J o a �0Sww n>m., o zi✓m << 15" CMP NV=988 89 (TO BE PLUGGED AT 'BOTH ENDS) INV=992.5 DT INV=992.5 nnm CO Om 01 N•ama 'a 03 rn 07 paten II oll 11 eAS _ jzzz Noa+ > inKWf/,z mX- E lt,N=98994 REMOVE 15' OF to men_ EXISTING 30' CMP _ o,a, STMH B CULVER- AND — \ CO co CO IN• QQ5 45 CONJIKU4IZ.BM1t a rn>� 11 / SW INV =989.38 a _ Z E INV=9B937 INVERT) \. / �- �az—\ i 11 / E 118�989794 pl�NG 30"� 207' of 30" RCP O 0.15%J 126' of 30" RCP O 0.1 %- CMP CU VERT 138 or s0 RCP to D.18%- N.7 ro m tea ai of W mg �� '• ad once ce NCNO ad m rnco a� m vi rna M i rn rn 0+00 1 04 07 2015 PER CITY REVIEW DATED 03 27 2015 NO. DATE DESCRIPTION REVISIONS 1 + 0 0 2+00 3+00 INN CAMPION ENGINEERING SERVICES, INC. • Civil Engineering • Land Planning 1800 Pioneer Creek Center, P.O. Box 249 Maple Plain, MN 55359 Phone: 763-479-5172 Fax: 763-479-4242 E—Mail: mcampionOcampioneng.com 4+00 5+00 I hereby certify that this plan, specification or report has been prepared by me or under my direct supervision and that I am a duly ligpnse Pr sional Engineer undev9.tbe Ia to of Minnesota. _L�.rr"1.r Martin P. Camptonn -Lic. / 19901 Date: 04/07/2015 6+00 1000 995 990 << <<<< BULKHEAD BOTH 15" PIPES OCS 1- STMH 14 OCS 1 RIM:944.00 E INV=990.62 N INV =990.0 (SEE DETAIL) FES 2 12" RCP W/ TRASHGUARD & CL IV RIPRAP INV=990.76 J co N 0 O aO11 STM 3 RIM:1001.40 E INV=988.87 S INV=989.07 N INV=988.87 105' of 24 RCP O 0.89% 14' of 12" RCP O 0.98% "1 O co m 0+00 1+00 VILLAS AT MEDINA COUNTRY CLUB VILLAS OF MEDINA, LLC MEDINA, MN LEGEND PROPOSED STREET LIGHT - � PROPOSED STREET SIGN ✓ PROPOSED STOP SIGN 1 PROPOSED NO PARKING SIGN ->>— PROPOSED STORM SEWER —DM— PROPOSED DRAINTILE ® PROPOSED CATCHBASIN MANHOLE • PROPOSED STORM SEWER MANHOLE/YARD DRAIN r.11 PROPOSED FLARED END SECTION MAINTENANCE VEHICLE ACCESS BENCHMARK: TOP NUT HYDRANT FOXBERRY FARMS ROAD & CO RD 116 ELEV=1011.69 SEE SHEET 8 FOR TYPICAL STREET & STORM SEWER NOTES 994.0 TRIANGULAR ORIFICE x NW_ 'Z990.76 990.62 990.76 MONOLITHICALLY POURED BOTTOM 24" RCP OUTLET 12" RCP INLET IJ l'R111-1 l l � l� III-IIIIJII 24" RCP OUTLET CONTROL STRUCTURE NOTE: STRUCTURE REQUIRES TWO (2) PIECE GRATE. 0 50 100 GRAPHIC SCALE IN FEET STORM SEWER PLAN STMH-18 TO CBMH 26 SHEET NO. 13 OF 38 SHEETS PROJECT NO: 13-040 DATE: 03/06/2015 S6NZ/90/E0 :31V0 Sl]3HS 8£ A0 171. 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