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HomeMy Public PortalAbout06.07.2016 City Council Meeting PacketMEDINA AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, June 7, 2016 7:00 P.M. Medina City Hall 2052 County Road 24 Meeting Rules of Conduct: • Fill out and turn in white comment card • Give name and address • Indicate if representing a group • Limit remarks to 3-5 minutes I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the May 17, 2016 Special Council Meeting B. Minutes of the May 17, 2016 Regular Council Meeting C. Minutes of the May 18, 2016 Special Council Meeting V. CONSENT AGENDA A. Approve 2017 Contract for Assessing Services with Southwest Assessing B. Approve 2016-2017 Liquor License Renewals C. Resolution Accepting Grant Donation from Shakopee Mdewakaton Sioux D. Resolution Accepting Resignation of Randall Foote from the Planning Commission VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. PRESENTATIONS A. Abdo, Eick, and Myer — 2015 Annual Financial Report VIII. NEW BUSINESS A. County Road 19 Trunk Sewer Maintenance Agreement Between the Metropolitan Council and the City of Medina B. Comanche Trail Improvement Project — Public Hearing 1. Resolution Approving Plans According to Feasibility Report and Ordering Comanche Trail Improvement Project 2. Resolution Adopting Assessment Roll for Comanche Trail Improvement Project C. Cottonwood Trail Improvement Project — Public Hearing 1. Resolution Approving Plans According to Feasibility Report and Ordering Cottonwood Trail Improvement Project 2. Resolution Adopting Assessment Roll for Cottonwood Trail Improvement Project D. Lakeview Road Improvement Project —Public Hearing 1. Resolution Approving Plans According to Feasibility Report and Ordering Lakeview Road Improvement Project 2. Resolution Adopting Assessment Roll for Lakeview Road Improvement Project IX. OLD BUSINESS A. Deerhill Preserve — Conservation Easement Agreements; Public Improvement Project Update X. CITY ADMINISTRATOR REPORT XI. MAYOR & CITY COUNCIL REPORTS XII. APPROVAL TO PAY BILLS XIII. ADJOURN Posted 6/3/2016 Page 1 of 1 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: June 2, 2016 DATE OF MEETING: June 7, 2016 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve 2017 Contract for Assessing Services with Southwest Assessing — The City Assessor has taken on 89 new houses in 2015. He is requesting an increase of $2,436 for the 2017 contract year. Staff recommends approval. See attached agreement. B. Approve 2016-2017 Liquor License Renewals — All paperwork and fees have been submitted. Staff recommends approval of the 2016-2017 liquor license renewals as detailed on the attached memo. See attached memo. C. Resolution Accepting Grant Donation from Shakopee Mdewakaton Sioux — The City received a second grant from the Shakopee Mdewakaton Sioux for two more defibrillators. Staff recommends accepting the grant donation. See attached memo and resolution. D. Resolution Accepting Resignation of Randall Foote from the Planning Commission — Randy Foote has moved outside of Medina and is no longer eligible to serve on the Planning Commission. Staff recommends approval of the resolution accepting his resignation. Staff will begin soliciting for his replacement following the acceptance of his resignation. See attached resolution. VII. PRESENTATIONS A. Abdo, Eick, and Myer — 2015 Annual Financial Report — Mark Ebensteiner with Abdo, Eick and Meyers will be present at the meeting to present the 2015 Annual Financial Report. See attached management letter and financial report. VIII. NEW BUSINESS A. County Road 19 Trunk Sewer Maintenance Agreement Between the Metropolitan Council and the City of Medina — Staff is requesting the City Council approve the County Road 19 Trunk Sewer Maintenance agreement with the Metropolitan Council. Medina will now be compensated for maintaining the County Road 19 sewer line per the agreement. See attached memo and agreement. Recommended Motion: Approve the agreement with the Metropolitan Council and direct staff to present the agreement to the Metropolitan Council with the changes made by the Medina Public Works Director and the City Attorney. B. Comanche Trail Improvement Project — Public Hearing — The Comanche Trail improvement project was discussed by the City Council at the May 3, 2016 meeting. A public hearing and an assessment hearing need to be held for the project at this meeting. Also, approval of a resolution for the plans and ordering the project is requested. Finally, a resolution adopting the assessment roll for the project is requested. See attached resolutions. Recommended Motion #1: Approve Resolution Approving Plans According to Feasibility Report and Ordering Comanche Trail Improvement Project Recommended Motion #2: Approve Resolution Approving Assessment Roll for the Comanche Trail Improvement Project C. Cottonwood Trail Improvement Project — Public Hearing — The Cottonwood Trail improvement project was discussed by the City Council at the May 3, 2016 meeting. A public hearing and an assessment hearing need to be held for the project at this meeting. Also, approval of a resolution for the plans and ordering the project is requested. Finally, a resolution adopting the assessment roll for the project is requested. See attached resolutions. Recommended Motion #1: Approve Resolution Approving Plans According to Feasibility Report and Ordering Cottonwood Trail Improvement Project Recommended Motion #2: Approve Resolution Approving Assessment Roll for the Cottonwood Trail Improvement Project D. Lakeview Road Improvement Project — Public Hearing — The Lakeview Road improvement project was discussed by the City Council at the May 3, 2016 meeting. A public hearing and an assessment hearing need to be held for the project at this meeting. Also, approval of a resolution for the plans and ordering the project is requested. Finally, a resolution adopting the assessment roll for the project is requested. See attached resolutions. Recommended Motion #1: Approve Resolution Approving Plans According to Feasibility Report and Ordering Lakeview Road Improvement Project 2 Recommended Motion #2: Approve Resolution Approving Assessment Roll for the Lakeview Road Improvement Project IX. OLD BUSINESS A. Deerhill Preserve — Conservation Easement Agreements; Public Improvement Project Update — The applicant has finalized the Conservation Easement and the Land Stewardship Plan with Minnehaha Creek Watershed. Staff is requesting review and possible approval of a Memorandum of Understanding related to how the District will enforce the Easement and how the City may support the enforcement through its ability to assess costs to the property taxes of the property if the Homeowner's Association fails in its obligation. The second document is an Indemnity Agreement in which the City and District indemnify each other with respects to their actions related to the trail easements through the Conservation Easement Areas. Finally, staff is requesting City Council discussion related to the project scope for the Deerhill Road public improvement project. See attached memo and agreements. Recommended Motion #1: Approve the Agreement by and between the City of Medina and Minnehaha Creek Watershed District regarding Deerhill Preserve Conservation Easement Recommended Motion #2: Approve the Memorandum of Understanding between the Minnehaha Creek Watershed District and the City of Medina regarding the Deerhill Preserve Conservation Easement X. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 003665E-003692E for $94,972.78, order check numbers 44368-44440 for $184, 684.72, and payroll EFT 507164-507222 for $94, 276.63. INFORMATION PACKET • Planning Department Update • Police Department Update • Public Works Department Update • Claims List 3 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF MAY 17, 2016 The City Council of Medina, Minnesota met in special session on May 17, 2016 at 6:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Ca11 to Order Members present: Anderson, Cousineau, Pederson, Martin, and Mitchell Members absent: Also present: City Administrator Scott Johnson, City Planner Dusty Finke, Finance Director Erin Barnhart, City Engineer Tom Kellogg, and Public Safety Director Ed Belland II. Highway 55/CR 116 Intersection Project Discussion City Administrator Scott Johnson, Finance Director Erin Barnhart, and City Engineer Tom Kellogg provided the City Council with updates on the proposed project budget, state road aid balances for the City, and proposed utility project costs. Staff also discussed the reduced estimated project cost from $250,000 to $125,000 for the quiet zone improvements for the intersection based on the information requested by City Planner Dusty Finke and Public Works Director Steve Scherer. Dusty Finke also informed Council that residential density near this intersection is twice as much as other rail crossings in Medina. The City Council requested possible funding options for the quiet zone improvements for this intersection and to explore utilizing more state road aid for this project. Adjournment Mitchell closed the meeting at 6:45 p.m. Bob Mitchell, Mayor Attest: Jodi M. Gallup, City Clerk Medina City Council Special Meeting Minutes 1 May 17, 2016 DRAFT 2 3 MEDINA CITY COUNCIL MEETING MINUTES OF MAY 17, 2016 4 5 The City Council of Medina, Minnesota met in regular session on May 17, 2016 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, City Engineer 15 Jim Stremel, City Planner Dusty Finke, and Chief of Police Ed Belland. 16 17 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 18 19 III. ADDITIONS TO THE AGENDA (7:00 p.m.) 20 Johnson thanked the Steering Committee for all of the work that they have done and the 21 effort that they have put into the Comprehensive Plan process. 22 23 Johnson requested to remove Item 8A, Resolution Approving Cavanaugh/Wealshire 24 Deed, from the agenda. 25 26 Moved by Anderson, seconded by Cousineau, to approve the agenda as amended. 27 Motion passed unanimously. 28 29 IV. APPROVAL OF MINUTES (7:01 p.m.) 30 31 A. Approval of the May 3, 2016 Regular City Council Meeting Minutes 32 It was noted on page three, line 26, it should state, "...to homes via laterals, or what staff 33 construed to be drops. Page four, the last sentence, it should state, "...the -if its..." On 34 page four, line 29, it should state, "...heat heart..." On page five, line one, it should 35 state, "...agreement, as drafted the City weu-14 could..." On page six, line 19, it should 36 state, "...$120,000, and with the extension of Parkview and the with..." 37 38 Moved by Anderson, seconded by Cousineau, to approve the May 3, 2016 regular City 39 Council meeting minutes as amended. Motion passed unanimously. 40 41 V. CONSENT AGENDA (7:04 p.m.) 42 43 A. Approve Mill and Paving Services Agreement with Omann Brothers Inc. 44 B. Approve Contract with CSS for Re -Cabling City Hall 45 C. Approve Contract with lyawe and Associates for the City Hall Lower Level 46 Renovation Project 47 D. Ordinance No. 598 Amending the Medina Clydesdale Marketplace Planned 48 Unit Development District for Larger Monument Sign 49 E. Resolution No. 2016-38 Authorizing Publication of the Ordinance Amending 50 the Medina Clydesdale Marketplace PUD by Title and Summary Medina City Council Meeting Minutes 1 May 17, 2016 I Moved by Pederson, seconded by Cousineau, to approve the consent agenda. Motion 2 passed unanimously. 3 4 VI. COMMENTS (7:05 p.m.) 5 6 A. Comments from Citizens on Items not on the Agenda 7 There were none. 8 9 B. Park Commission 10 No report. 11 12 C. Planning Commission 13 Finke stated that the Planning Commission did not meet the previous week as there 14 were no items. He stated that there have been a number of meetings for the Steering 15 Committee and public open house meetings for the Comprehensive Plan and thanked 16 everyone that provided input. He noted that the Steering Committee would be meeting 17 in the next week to review the input from the public meetings. 18 19 Martin commended Finke for his work and leadership of the public open house 20 meetings. 21 22 VII. NEW BUSINESS 23 24 A. Ordinance Establishing the Deerhill Preserve Storm Sewer Improvement 25 Tax District — Public Hearing (7:07 p.m.) 26 Mitchell recused himself from the discussion as he owns property on Deerhill Road. 27 28 Pederson took over as the Acting Mayor for this item. 29 30 Johnson noted that this is something the City does for any new single family 31 subdivisions to establish a storm sewer improvement tax district. He noted that the 32 developer is still working through the approvals needed and therefore the Council can 33 hold the public hearing and if desired could make a motion to direct staff to present the 34 ordinance for approval after action is taken on the Plat for Deerhill Preserve. 35 36 Pederson opened the public hearing at 7:08 p.m. 37 38 No comments made. 39 40 Moved by Martin, seconded by Cousineau, to close the public hearing at 7:08 p.m. 41 Motion passed unanimously. 42 43 Batty explained that staff is hoping that the Final Plat and Development Agreement will 44 come forward at the first meeting in June and therefore this item will be complete and 45 ready for approval at that time as well. 46 47 Moved by Martin, seconded by Anderson, to direct staff to present the ordinance 48 establishing the Deerhill Preserve Storm Sewer Improvement Tax District for approval 49 after action on the plat of Deerhill Preserve. Motion passed unanimously. 50 Medina City Council Meeting Minutes 2 May 17, 2016 1 B. Deerhill Preserve — Reimbursement Agreement Between Property Resource 2 Development Corporation and the City of Medina (7:10 p.m.) 3 Johnson stated that the City agreed to a 429 road assessment project under the 4 settlement agreement, noting that all the costs would be fully assessed to the property 5 within the development. He stated that this agreement would ensure that all the costs 6 would be reimbursed for this process. 7 8 Moved by Martin, seconded by Anderson, to approve the reimbursement agreement 9 between Property Resources Development Corporation and the City of Medina. Motion 1 o passed unanimously. 11 12 Mitchell rejoined the Council as Mayor. 13 14 VIII. CITY ADMINISTRATOR REPORT (7:13 p.m.) 15 16 A Resolution Approving cayanaughlWealshire Deed 17 18 IX. MAYOR & CITY COUNCIL REPORTS (7:13 p.m.) 19 Martin noted that the public open houses were well attended and well run and advised 20 that the Steering Committee and staff received great input from the public. She provided 21 a brief highlight of some of the input received. 22 23 Anderson stated that it has been great to see a younger generation of Medina residents 24 provide their input through the process as well. 25 26 Mitchell stated that the mayors meeting was held and noted that a presentation was 27 given from the Metropolitan Council, noting that it was confirmed that the growth 28 projections have slowed for Medina. 29 30 Martin stated that it would be helpful to see the written materials from that meeting. 31 32 Johnson noted that he would provide copies of that information to the other members of 33 the Council. 34 35 X. APPROVAL TO PAY THE BILLS (7:18 p.m.) 36 Moved by Anderson, seconded by Martin, to approve the bills, EFT 003646E-003664E 37 for $51,666.38, order check numbers 44304-44367 for $215,008.21, and payroll EFT 38 507132-507163 for $48,590.34. Motion passed unanimously. 39 40 Xl. ADJOURN 41 Moved by Martin, seconded by Cousineau, to adjourn the meeting at 7:19 p.m. Motion 42 passed unanimously. 43 44 45 46 Bob Mitchell, Mayor 47 Attest: 48 49 50 Jodi Gallup, City Clerk Medina City Council Meeting Minutes 3 May 17, 2016 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF MAY 18, 2016 The City Council of Medina, Minnesota met in special session on May 18, 2016 at 5:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Call to Order Members present: Cousineau, Pederson and Mitchell Members absent: Anderson and Martin Also present: Assistant City Administrator/City Clerk Jodi Gallup, Public Works Director Steve Scherer, Public Works Foreman Ivan Dingmann and Medina Park Commissioners. II. Annual Tour of Parks The City Council and Medina Park Commission toured or drove past the following parks, trails and nature areas and made these observations: Holy Name Park • Sat under the new picnic shelter that was built as an Eagle Scout project last summer. It was noted that the headers of the shelter need more nails to hold them together and that the pad should be blown off after the grass is cut. • Park rule signs need to be straightened. • The rain garden needs to be weeded and the crab apple trees need to be pruned. Medina Morningside Park • Observed the Orono baseball kids play a game at the ball field in this park. • Noticed the backstop fence needs some repair at the base. Maple Park • Noted that the "No Motor Vehicle" sign was in rough shape and could probably be removed. Walnut Park • Drove past, but no observations were made. Lakeshore Park • Resident at the park requested that a bench be added down by the water. • Noted that the trees needed to be trimmed and a 6 x 6 foot log needed to be removed. • Noticed a dead tree near the road that should be removed. Medina City Council Special Meeting Minutes 1 May 18, 2016 The Park at Fields of Medina • Asked for the parking lot to be striped. • Discussed location of the light pole and recommended that it be in the center of the parking lot if it isn't too cost prohibitive. • Discussed the possibility of adding a second basketball hoop and the status of getting the first one fixed. • Looked at possible location for a volleyball court. • Discussed adding more trees to the park. Arrowhead Drive Trail • Drove the route for Arrowhead Drive Trail that will be constructed this summer. Villas Nature Area • Drove to the entrance of the Villas Nature Area that was dedicated to the City as passive park land as part of the Villas development. Co Rd 116/Tower Drive/Hamel Road Trail Route • Drove the future route to connect the Co Rd 116 Trail down Tower Drive to the trail on Hamel Road. Hamel Legion Park • Reviewed the plan to pave and stripe the parking area behind the Paul Fortin Memorial Field. • Discussed adding a barrier from the sledding hill to the stormwater pond. • Observed that the outside bathroom doors at the Hamel Community Building are very faded. • Suggested adding blinds to the warming house. III. Adjournment Mitchell closed the meeting at 8:1 S p.m. Bob Mitchell, Mayor Attest: Jodi M. Gallup, City Clerk Medina City Council Special Meeting Minutes 2 May 18, 2016 TO: Medina Mayor and City Council Members Scott Johnson, City Administrator Jodi Gallup, Administrative Assistant Erin Barnhart, Finance Director FROM: Rolf Erickson (763) 473-3978 DATE: May 25, 2016 RE: 2017 Assessment Proposal Contract Attached Term of Contract: September 1, 2016 through August 30, 2017 Current Contract amount: $86,436 Requested amount for 2017 Assessment: $88,872 Requested increase: $2,436 Number of New Houses during 2015 (includes 26 leased units on Clydesdale) 89 Total parcels May 2014 2,954 Total parcels May 2015 3,015 Total parcels May 2016 3,109 Again this year, the requested increase is to cover continuing new development. Expenses for supplies and postage should be approximately the same as last year. Please present this request at the next council meeting possible. Please make 2 copies of the contract and have them signed when approved. I will sign then. CONTRACT FOR ASSESSING SERVICES This contract is made this first day of September, 2016, by and between the City of Medina Hennepin County, Minnesota (hereinafter called the "Municipality") and Rolf Erickson, 14520 12th Ave. North, Plymouth, Minnesota, 55447 DBA Southwest Assessing, a Minnesota Corporation (hereinafter called the "Contractor") The Contractor represents that he is a Licensed Minnesota Assessors as required in Chapter 273 of Minnesota Statutes and that he is a qualified real estate appraiser. ASSESSING SERVICES: The Municipality hereby contracts for and the Contractor hereby agrees to cooperate with officials of the Municipality and the County of Hennepin in performing 2017 assessment services as defined in Minnesota Statutes. The Municipality agrees and acknowledges that the manner and the method used in the performance of the assessment duties will be under the control and direction of said Contractor. CONTRACT PRICE: In consideration of the services rendered by the Contractor, the Municipality shall pay to the Contractor at the above stated address, the sum of $88,872.00 payable in twelve (12) installments of $7,406.00 beginning September, 2016 and ending August, 2017. TERM OF CONTRACT: September 1, 2016 through August 31, 2017. The following services are to be billed separately on a one time basis. NONE. FURNISHING OF EQUIPMENT: The contractor shall provide all transportation necessary for the performance of the services contracted for. The Municipality shall furnish all equipment and supplies necessary for the performance of the services contracted for, including the Hennepin County Data fee. ATTENDANCE AT COUNCIL MEETINGS: The Contractor shall attend the local board of review meeting on the date selected by the Municipality and the Contractor and not to exceed three other Municipality council meetings during the term of the contract. LEGAL STATUS: The parties agree that the Contractor is not required to maintain office hours, shall not receive retirement benefits, health insurance benefits, or any other fringe benefits offered to employees of the Municipality and shall, in all respects, be deemed independent an contractor. IN WITNESS WHEREOF, the Contractor and the Municipality have executed this Contract this day of 2016. City of Medina(Municipality) by Southwest Assessing (Contractor) by Agenda Item # 5B MEMORANDUM TO: Medina City Council through City Administrator Scott Johnson FROM: Jodi Gallup, Assistant City Administrator/City Clerk DATE: May 25, 2016 MEETING: June 7, 2016 SUBJ: Liquor License Renewals for July 1, 2016 through June 30, 2017 City Council Action Requested: Approval of the liquor license renewals listed below: Establishment Classification License Type Fee Medina Recreations Inc. (DBA: Restaurant/Bowling On Sale — Class A $7,500 Medina Entertainment Center) Alley Off Sale $150 Sunday $200 Dance $100 Medina Golf & Country Club Restaurant/Golf On Sale — Class A $7,500 Course Sunday $200 R.M.T. Inc. (DBA: Inn Kahoots) Restaurant On Sale — Class D $4,500 Off Sale $150 Sunday $200 Start Fresh Corporation (DBA: Our Wine & Strong Wine $2,000 American Kitchen/OAK Eatery) Beer On Sale 3.2 $100 Three Rivers Park District (DBA: 3.2 Malt Beverage On Sale 3.2 $100 Baker National Golf Course) & Beer Off Sale 3.2 $50 American Legion 394 (DBA: John 3.2 Malt Beverage On Sale 3.2 $100 Pohlker Post) & Beer Jensen & Sons, Inc. (DBA: Liquor Store Off Sale $150 Jensen's Beer Wine & Spirits) Liquor Depot Inc. Liquor Store Off Sale $150 Medina Liquor Inc. (DBA: North Liquor Store Off Sale $150 American Liquors) MEDINA POLICE DEPA 600 Medina, MN 55340-9790 p: 763-473-9209 f: 763.473.8858 non-emergencys 763.525-62I0 MEMORANDUM Emergency 9-1-1 Agenda Item # 5C TO: City Administrator Scott Johnson and City Council FROM: Director Edgar J. Belland DATE: June 3, 2016 RE: Acceptance of Grant On May 17, 2016 we were notified that we received a grant for two new defibrillators from the Shakopee Mdewakanton Sioux Community. The grant was written in combination with the Hamel Fire Department. This is the second grant we have received from the Mdewakanton Sioux Community. One defibrillator will be a stationary unit placed in the Public Works building near the elevator. The second will be put into service in our squads. I would ask the City Council to accept the grant for the automatic defibrillators. Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2016- RESOLUTION ACCEPTING GRANT DONATION FROM SHAKOPEE MDEWAKANTON SIOUX COMMUNITY WHEREAS, the Shakopee Mdewakanton Sioux Community has generously awarded two defibrillators (the "Donation") to the city of Medina (the "City"); and WHEREAS, the Donation will be dedicated to the Police Department; and WHEREAS, the City wishes to accept the Donation and express its gratitude to the Mdewakanton Sioux Community for their generosity. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota that the City accepts the Donation and thanks the Mdewakanton Sioux Community. Dated: June 7, 2016. Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2016- June 7, 2016 Agenda Item # 5D Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2016- RESOLUTION ACCEPTING RESIGNATION OF RANDALL FOOTE FROM THE PLANNING COMMISSION WHEREAS, Randall's term on the Planning Commission of the city of Medina does not expire until December 2017; and WHEREAS, on June 2, 2016, Randall Foote submitted a letter of resignation from his position on the Planning Commission addressed to the City Council; and WHEREAS, Randall Foote's resignation from his position as Planning Commissioner shall become effective immediately. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that Randall Foote's letter of resignation from the Planning Commission is hereby accepted. Dated: June 7, 2016. Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2016- June 7, 2016 Dusty Finke From: Randy Foote <truspect01@gmail.com> Sent: Thursday, June 02, 2016 6:52 PM To: Dusty Finke Subject: Re: Resignation letter Hi Dusty I am resigning my position on the Planning Commission as of May 31, 2016 because we sold our home in Medina. I very much enjoyed working with you and the City Council during my 4+ years on the Planning Commission. Thanks Randy Foote Sent from my iPad On Jun 2, 2016, at 8:42 AM, Dusty Finke <Dusty.Finke@ci.medina.mn.us> wrote: Hi Randy, I left you a voicemail as well. Now that you've sold your house, we'll need your resignation from the Planning Commission. It can be a simple email stating that you are resigning immediately because you've sold the home and are no longer a resident. Thanks for all of your work and help! Hopefully we'll see you around. You'll be invited to the Recognition Party in December (I think it's the 1st Thursday)! Take care <image002.jpg> Dusty Finke City Planner 2052 County Road 24 Medina, MN 55340 (763) 473-8846 (direct) (763) 473-4643 (main) (763) 473-9359 (fax) 1 Agenda Item # 8A MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: June 1, 2016 MEETING: June 7, 2016 SUBJECT: County Road 19 Trunk Sewer Maintenance Agreement Between the Metropolitan Council and the City of Medina History: In August of 2012 the City of Medina, along with the Cities of Independence, Greenfield, Loretto, and Corcoran, signed resolutions asking for the Met Council to consider the flows from those communities as a regional service area rather than a municipal type system, not only for what exists today, but for the future of the cities and the cleanup of the Loretto treatment ponds. At that time, the Met Council was conducting a study of the lift station L-63 in Maple Plain. Along with the help of the other involved cities, the City of Medina was able to get the Met Council to consider the current and future flows of the cities, along with the possibility of having the MCES take over the Medina and future Loretto lift stations. The MCES contracted with HR Green to do the study. I have attached a memo I wrote a few years back explaining the history prior to 2012. The study results are as follows: The Met Council does agree the system has some regional criteria and that they have some responsibility to provide service to the cities involved. They also acknowledge that extending a line to Loretto and taking over the system is not feasible and does not meet the criteria for an expansion of their system until future growth is more imminent. MCES also acknowledges that there needs to be upgrades to their own system prior to any expansion of the system, or before taking on Loretto's flow. The proposed agreement is in the packet for your review. The agreement is a compromise with the Met Council. The agreement states that the MCES is willing to take on the financial burden of the Medina system, but will not take over the ownership of the system until the demanded criteria are met through the comprehensive plans of the involved cities. The City of Medina is asking for an end date of 2025, or at the time criteria are met, for the Met Council to take over ownership. Conclusion: I believe Medina has done more than its share in providing pass -through service to the other cities over the years. I also agree that this is a big improvement in being compensated for our efforts. It would be a better situation if the Met Council would extend a line to Loretto and take everything over, but I do understand there is a lot of work to be done on their system before they can provide more service. The Tri-city Agreement will have to be amended to include Loretto and then become a Quad -city Agreement. This process will begin as soon as we come to an agreement with the Met Council on the maintenance of our station and downstream pipes. I think taking out the financial portion of the Quad -city Agreement will make it much easier to negotiate. Most of what will be left to negotiate will be flow limits and future connections. I have been consulting with engineering on these items. Recommendations: I would recommend that the Medina City Council approve the agreement with the Metropolitan Council and direct staff to present the agreement to the Metropolitan Council with the changes made by the Medina Public Works Director and the City Attorney. MEMORANDUM TO: FROM: DATE: MEETING: SUBJECT: City Council, through City Administrator Scott Johnson Steve Scherer, Public Works Superintendent August 13, 2012 August 21, 2012 Future Sewer Connections In the past few years there has been a lot of thought and discussion about the future flow of sanitary sewer through Medina into the MCES lift station at Maple Plain. Most current topics included the Vinland expansion in the City of Independence, along with the treatment ponds in Loretto. Recently Medina city staff called a meeting with the Tri-City Agreement members, the City of Loretto, and Kyle Colvin of the MCES to discuss the future flow directions, capacities of the system, and the possibility of MCES taking over the line. The following is a recap of the meeting and the history of the Tri-City Agreement. History of the agreement: In the mid-70s the City of Medina and the Park District developed a collection system from the then City -owned Maple Plain sewer treatment ponds to the Independence Beach area. The collection system was exclusively for the City of Medina and the district at the time. As time moved forward into the early 80s the MCES took over the treatment facility and constructed a lift station to take Medina's current and future flows, as well as the Park District and Maple Plain's flow, to the east and eventually to their Blue Lake Treatment Facility in Shakopee. In April 1985 the Tri-City Agreement was created as a cleanup effort for Lake Independence and Lake Sarah in the cities of Greenfield and Independence. There were amendments made to the agreement in 1994 and 2010 to allow more units to Independence. A meeting of the involved cities and MCES_took place on July 10, 2012. The meeting was brought on by the need for additional future units and a study the MCES is doing at the Maple Plain lift station to accommodate flows. At the meeting, the discussion largely revolved around how to accommodate the flow from the Loretto treatment ponds and what direction is preferred by the MCES. The City of Medina is the service provider to Independence, Greenfield and likely Loretto. Medina brought up the possibility of the flow going to the south, which they felt should be included in the study if it would work. Colvin of the MCES stated that currently the flow was designated to the east out of Loretto into the Elm Creek interceptor, but could possibly go south to relieve the over -designated Elm Creek interceptor. The City of Medina is asking for the support of the involved cities for a takeover of the current force and gravity mainline sewer from Loretto to Maple Plain by the MCES. This would be to accommodate the Loretto ponds, as well as the future needs of all the cities. Medina believes this is a regional problem and should be addressed that way. The City does not have the resources to manage the future needs of four or possibly five cites if Corcoran is involved. IN CONCLUSION: We are attaching a resolution that will also be used as a template for the other cities involved supporting the takeover of the sewer mainline and lift stations from Loretto to Maple Plain and to include this option in the study being conducted by the MCES. Independence Beach Lift Station #1 and Downstream Maintenance Annual Operational Costs #1 Lift: • Xcel Power cost 3,420.00 • Frontier phone line 663.00 • W/H Security 396.00 • Generator maintenance 545.00 (Load test every 2 years 435.00 additional) • Annual Lift Station inspection 250.00 • Inspections 10,140.00 (Monday, Wednesday & Friday — 3 hrs week) • Impellers 4,000.00 $19,414.00 Other Items to Address: • Sewer line cleaning /televise $10,0000.00 (Every 5 years) • Sewer line repairs N/A • Pipe replacement N/A • Replacement generator 2014 $35,000.00 (Medina needs to be reimbursed) • Metering of Loretto and Independence before Medina Station DRAFT CONTRACT NO. TRUNK SEWER MAINTENANCE AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF MEDINA This Trunk Sewer Maintenance Agreement (the "Agreement") is made and entered into this day of , 2016 (the "Effective Date"), by and between the Metropolitan Council, a public corporation and political subdivision of the state of Minnesota (the "Council"), and the city of Medina, a municipal corporation under the laws of Minnesota (the "Municipality"); WITNESSETH: WHEREAS, the Municipality operates the trunk sanitary sewers and appurtenances shown on Exhibit A as governed under an agreement between the Municipality and the cities of Independence and Greenfield, commonly known to as the Tri-City Agreement; and WHEREAS, the Council agrees to assume financial responsibility to operate and maintain such trunk sewers and appurtenances as part of the Metropolitan Disposal System; and WHEREAS, the Council has determined that such general maintenance can best be provided by contracting with the Municipality to perform this service as an independent contractor on behalf of the Council, pursuant to Minnesota Statutes, Section 473.504, Subdivision 12. NOW, THEREFORE, based on the mutual promises and covenants herein, the parties agree as follows: Section 1. Municipality's Undertaking. Beginning on the Effective Date of this Agreement, the Municipality, as an independent contractor, will perform general maintenance on all of the sanitary sewers and appurtenances described on Exhibit A. Local lateral sewers not specifically described on Exhibit A are not included in this Agreement. Section 2. Performance of Undertaking. 2.1. In performing general maintenance on such interceptors, the Municipality shall: a. Comply with the applicable provisions relating to the operation of the Metropolitan Disposal System adopted by the Council; b. Maintain the sanitary sewers and appurtenances in clean and good 1 480268v2 ME230-1PW operating condition for the conveyance of sewage or storm water discharged into them; c. Perform sanitary sewer location services as required by the Gopher State One -Call system; d. Perform preventative maintenance services as may be required to preserve the interceptors and appurtenances and maintain their full capacity and condition, including but not limited to flushing, jetting, discing, rodding, and inspection of the system, and perform such other work on the sewers as is mutually agreeable and which is reasonable and normal; e. Provide all labor, materials, supplies, tools, and equipment necessary for the performance of all work required by or under this Agreement; and £ Provide all supervisory personnel necessary for the supervision of the above work. 2.2. The Council shall perform all maintenance required for the instrumentation portion of sewage flow meters, including data telemetry, metering at Loretto and at the two Independence stations, continuous monitoring and record keeping. The work performed and the materials furnished under this Agreement shall comply with all state laws and the rules, regulations and orders of any state agency regulating such matters. The Municipality shall not be required to do any work under this Agreement which constitutes extraordinary maintenance, betterment, construction, or reconstruction of the trunk sewers. In the event that such work is necessary, the Municipality and the Council shall negotiate a separate agreement specifying the work to be performed and the division of cost for such work. In the event of an emergency, the Municipality shall perform the necessary work as soon as possible with notification to the Council's General Manager of Environmental Services. Section 3. Municipality Independent Contractor. The parties agree the Municipality is an independent contractor and that all persons performing services under this Agreement are employees of the Municipality or its contractors or agents, and are not employed by or employees of the Council for any purpose; provided, however, that this provision shall not apply to persons on the regular payroll of the Council, or to persons other than the Municipality contracting directly with the Council. The Municipality, with the approval of the Council, may enter into a contract with a third party whereby such party performs s e rvi c es on behalf of the Municipality and under this Agreement. All contracts and agreements made by the Municipality with third parties for performance of any work required by this Agreement shall be subject to the terms of this Agreement and a provision stating so shall be inserted in all such contracts. Section 4. Municipality's Responsibility; Indemnification. The parties agree that the Council shall not be responsible or liable in any manner for any claim, demand, action or cause of action of any kind arising out of the Municipality's negligent performance or failure to perform the work required by this Agreement and within the scope of this Agreement, or arising out of the Municipality's negligent performance or failure to perform such work by any contractor of the Municipality performing any of the work provided 2 480268v2 ME230-1PW herein. The Municipality agrees to indemnify the Council, its officers, and employees and to save and keep them harmless from all losses and expenses incurred as a result of any claim, demand, action or cause of action arising out of the negligence or alleged negligence of the Municipality or any such contractor. Section 5. Payment for Work; Accounting. 5.1. Payment of Costs. The Council agrees to pay to the Municipality an amount equal to the cost of all labor and of supplying all materials, supplies, tools and equipment, reasonably necessary for the performance of work required by this Agreement. The parties agree that such costs shall comprise and be computed as follows: a. Labor. The cost of labor for employees of the Municipality shall be the sum of: (i) the established hourly wage rate or rates of the persons performing the work multiplied by the number of hours worked; and (ii) actual overhead (noted as a percentage of (i), which shall represent indirect labor and overhead costs and shall be subject to audit by the Council. b. Materials. The cost of materials and supplies furnished by the Municipality, which shall be not more than their delivered cost to the Municipality. c. Tools and Equipment. The cost of tools and equipment furnished by the Municipality shall be computed in accordance with the standard hourly rental rate schedule to be submitted by the Municipality and approved by the Council. Charges shall be assessed only for hours of actual use. d. Contract Costs. The amount required to be paid under contracts approved by the Council to contractors of the Municipality for performance of work required by the Agreement, plus direct costs incurred by the Municipality in administering such contracts, which shall be agreed on when any such contract is approved. 5.2. Operation Cost Payments. The parties estimate that the annual total amount of costs which the Council will be required to pay to the Municipality for performance of this Agreement following the Effective Date of this Agreement will be approximately $20,000.00. This amount does not include any cost for sanitary sewer cleaning or televising. The Council agrees to pay to the Municipality within forty-five (45) days of the Effective Date of this Agreement the pro-rata share for the remaining number of days in that calendar year as advance payment of such costs. The Municipality shall keep detailed records supporting all costs of the types specified in Section 5.1 which it expects the Council to pay. Costs shall be segregated for the facilities described on Exhibit A. The Council shall also reimburse the Municipality for the cost of the interim generator installed in 2015 during the time the HR green study was being conducted. 3 480268v2 ME230-1PW 5.3. Upon the conclusion of the calendar year in which the sewer system is first operated under this Agreement, the Municipality may submit to the Council a detailed statement of the actual costs incurred by the Municipality which the Council is required to pay in accordance with Section 5.1. The Council has the right to review the detailed costs, require the Municipality to provide receipts and other documents supporting the eligibility of said under the terms of this Agreement, and to contest any portion of costs it determines may not meet the letter or intent of Section 5.1. If the total of advance previously paid by the Council is less than the actual amount of such costs in the detailed statement, the Council shall pay to the Municipality within forty-five (45) days of receipt by the Council of Municipality's complete cost statement and supporting documentation, an amount equal to the difference between the actual costs and the advance previously paid, and an equivalent advance payment for the current calendar year of operation concluding on December 31. Similarly, for each subsequent year that this Agreement remains in effect, the Municipality may submit to the Council a detailed statement of the actual costs incurred in the preceding calendar year by the Municipality, with review and payment of any shortfall by the Council as previously prescribed. Section 6. Inspection of Work. The interceptors and appurtenances may be inspected by the Council to determine whether the work required to be performed under this Agreement is being performed satisfactorily. If the Council reasonably determines that the Municipality or any of its contractors is not performing the work satisfactorily, the Council may perform such work or cause it to be performed and may retain from any monies then due or to become due to the Municipality under this Agreement, the amount required for the completion of such work. However, the performance of such work and the retention of monies by the Council pursuant to this section shall not affect the Council's right to commence an action against the Municipality for breach of this Agreement or its rights under Section 5 hereof. Section 7. Term of Agreement; Acceptance of Station No. 1. This Agreement shall remain in effect through December 31, 2025 or completion of the full system, whichever occurs first, unless terminated by either party prior thereto. On January 1, 2026, the Council shall assume ownership and full responsibility for the Municipality's Independence Beach lift station no. 1 and all downstream infrastructure to the Council's L-63. METROPOLITAN COUNCIL Approved as to form: By: By: Office of General Counsel Its Regional Administrator 4 480268v2 ME230-1PW CITY OF MEDINA By: Bob Mitchell, Mayor And by: Scott T. Johnson, City Administrator 5 480268v2 ME230-1PW Agenda Item # 8B Member _ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2016-xx RESOLUTION APPROVING PLANS ACCORDING TO FEASIBILITY REPORT AND ORDERING COMANCHE TRAIL IMPROVEMENT PROJECT WHEREAS, pursuant to previous actions by the city council, city staff has prepared plans and specifications for the miscellaneous milling, overlay, shouldering, and minimal asphalt curbing for the Comanche Trail Improvement Project and has presented such plans and specifications to the council for approval. WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given and the hearing was held on June 7, 2016, at which hearing all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, as follows: 1. The plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby adopted. 2. The above -described improvement is necessary, cost effective and feasible as detailed in the feasibility report. 3. The improvement is hereby ordered as proposed. Dated: June 7, 2016. Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ® and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2016-3oc June 7, 2016 Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2016-xx RESOLUTION ADOPTING ASSESSMENT ROLL FOR COMANCHE TRAIL OVERLAY PROJECT WHEREAS, the city administrator has, with the assistance of the public works director and the city finance director, prepared a proposed roll regarding the assessment of benefited properties for a portion of the cost of the Comanche Trail Overlay project which consists of mill and overlay improvements; and WHEREAS, pursuant to notice as required by law, the city council conducted a public hearing on June 7, 2016, with regard to the proposed assessments and heard and passed upon all objections to the proposed assessment. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, as follows: 1. The proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute a special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. The special assessment shall be payable in equal annual installments extending over a period of 7 years, the first installment to be payable on or before the first Monday in January, 2017, and shall bear interest at the rate of 4.00% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2017. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to November 15, 2016, pay the whole of the assessment on such property to the city finance director, with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid within 30 days of the adoption of the assessment. Thereafter, any owner may pay to the city finance director the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The city administrator shall forthwith transmit a certified duplicate of this resolution to the county auditor to be extended on the property tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. Resolution No. 2016-xx June 7, 2016 Dated: June 7, 2016. Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member _ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2016-xx 2 June 7, 2016 Map ID PID NAME ADDRESS Assessment 1 1211823420036 FRANK & EVANGELINE DAVIS 305 COMANCHE TRAIL $776.10 2 1211823420032 RONALD P FORTIN 365 COMANCHE TRAIL $776.10 3 1211823420027 MARTIN & PAMELA CWACH 342 COMANCHE TRAIL $776.10 4 1211823420026 LAVONNE ETZEL 362 COMANCHE TRAIL $776.10 5 1211823420029 DAVID & CLAIRE DES LAURIERS 322 COMANCHE TRAIL $776.10 6 1211823420033 PERRY C WHITE 385 COMANCHE TRAIL $776.10 7 1211823420028 D E DES LAURIERS 332 COMANCHE TRAIL $776.10 8 1211823420030 LEE SCHMIDT & STACY SCHMIDT 302 COMANCHE TRAIL $776.10 9 1211823420031 JOHN RASKOB 345 COMANCHE TRAIL $776.10 10 1211823420025 KEVIN J WANNEBO 382 COMANCHE TRAIL $776.10 $7,761.00 Resolution No. 2016-xx 3 June 7, 2016 Agenda Item # 8C Member _ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2016-xx RESOLUTION APPROVING PLANS ACCORDING TO FEASIBILITY REPORT AND ORDERING COTTONWOOD TRAIL IMPROVEMENT PROJECT WHEREAS, pursuant to previous actions by the city council, city staff has prepared plans and specifications for the miscellaneous milling, overlay, shouldering, and minimal asphalt curbing, as well as the reconstruct of the easterly 440 feet from County Road 24, for the Cottonwood Trail Improvement Project and has presented such plans and specifications to the council for approval. WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given and the hearing was held on June 7, 2016, at which hearing all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, as follows: 1. The plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby adopted. 2. The above -described improvement is necessary, cost effective and feasible as detailed in the feasibility report. 3. The improvement is hereby ordered as proposed. Dated: June 7, 2016. Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ® and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2015-3oc June 7, 2016 Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2016-xx RESOLUTION ADOPTING ASSESSMENT ROLL FOR COTTONWOOD TRAIL OVERLAY PROJECT WHEREAS, the city administrator has, with the assistance of the public works director and the city finance director, prepared a proposed roll regarding the assessment of benefited properties for a portion of the cost of the Cottonwood Trail Overlay project which consists of mill and overlay improvements; and WHEREAS, pursuant to notice as required by law, the city council conducted a public hearing on June 7, 2016, with regard to the proposed assessments and heard and passed upon all objections to the proposed assessment. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, as follows: 1. The proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute a special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. The special assessment shall be payable in equal annual installments extending over a period of 7 years, the first installment to be payable on or before the first Monday in January, 2017, and shall bear interest at the rate of 4.00% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2017. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to November 15, 2016, pay the whole of the assessment on such property to the city finance director, with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid within 30 days of the adoption of the assessment. Thereafter, any owner may pay to the city finance director the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The city administrator shall forthwith transmit a certified duplicate of this resolution to the county auditor to be extended on the property tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. Resolution No. 2016-xx June 7, 2016 Dated: June 7, 2016. Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member _ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2016-xx 2 June 7, 2016 Map ID PID NAME ADDRESS Assessment Share 1 2211823240005 JEFFREY D ALLEN 2125 COUNTY ROAD 24 $2,089.88 2 2211823310007 MARK S LYONS 2125 COTTONWOOD TRAIL $2,089.88 4 2211823240007 JARED P & KARLA L JUUSOLA 2152 COTTONWOOD TRAIL $2,089.88 5 2211823310006 LOUISE LEATHERDALE 2075 COTTONWOOD TRAIL $8,359.50 6 2211823320007 JOHN D & ANDREA L HEBEISEN 2165 COTTONWOOD TRAIL $2,089.88 $16,719.00 Resolution No. 2016-xx 3 June 7, 2016 Agenda Item # 8D Member _ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2016-xx RESOLUTION APPROVING PLANS ACCORDING TO FEASIBILITY REPORT AND ORDERING LAKEVIEW ROAD IMPROVEMENT PROJECT WHEREAS, pursuant to previous actions by the city council, city staff has prepared plans and specifications for the miscellaneous milling, overlay, shouldering, and minimal asphalt curbing for the Lakeview Road Improvement Project and has presented such plans and specifications to the council for approval. WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given and the hearing was held on June 7, 2016, at which hearing all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, as follows: 1. The plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby adopted. 2. The above -described improvement is necessary, cost effective and feasible as detailed in the feasibility report. 3. The improvement is hereby ordered as proposed. Dated: June 7, 2016. Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ® and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2016-xx June 7, 2016 Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2016-xx RESOLUTION ADOPTING ASSESSMENT ROLL FOR LAKEVIEW ROAD OVERLAY PROJECT WHEREAS, the city administrator has, with the assistance of the public works director and the city finance director, prepared a proposed roll regarding the assessment of benefited properties for a portion of the cost of the Lakeview Road Overlay project which consists of mill and overlay improvements; and WHEREAS, pursuant to notice as required by law, the city council conducted a public hearing on June 7, 2016, with regard to the proposed assessments and heard and passed upon all objections to the proposed assessment. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, as follows: 1. The proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute a special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. The special assessment shall be payable in equal annual installments extending over a period of 7 years, the first installment to be payable on or before the first Monday in January, 2017, and shall bear interest at the rate of 4.00% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2017. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to November 15, 2016, pay the whole of the assessment on such property to the city finance director, with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid within 30 days of the adoption of the assessment. Thereafter, any owner may pay to the city finance director the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The city administrator shall forthwith transmit a certified duplicate of this resolution to the county auditor to be extended on the property tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. Resolution No. 2016-xx June 7, 2016 Dated: June 7, 2016. Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member _ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2016-xx 2 June 7, 2016 Map ID PID NAME ADDRESS Assessment 1 2411823130010 ROGER W & MARY J MEYER 255 LAKEVIEW RD $988.04 2 2411823120007 ALLEN B & TAMMA S WHEALY 335 LAKEVIEW RD $988.04 3 2411823120010 BETH C NIELSEN 295 LAKEVIEW RD $988.04 4 2411823120003 SPENSER & MICHELLE LABATT 375 LAKEVIEW RD $988.04 5 2411823120020 ALAN EUGENE DOOP 2295 HOLY NAME DR $494.02 6 2411823120002 GARY GRAVIER 385 LAKEVIEW RD $988.04 7 2411823120018 D D O'DONNELL/D M PATCHELL 275 CHEYENNE TR $988.04 8 2411823120009 CAROL J WYATT 305 LAKEVIEW RD $988.04 9 2411823120004 BRIAN 1 RASKOB 365 LAKEVIEW RD $988.04 10 2411823130011 JOHN & BARBARA NELLERMOE 112 E LULLWOOD AVE $494.02 11 2411823120011 JOSEPH J CAVANAUGH 275 LAKEVIEW RD $988.04 12 2411823120008 BRENT A & KATHRYN S BENTROTT 325 LAKEVIEW RD $988.04 13 2411823120006 ROBIN L & GWENDOLYN KIRBY 345 LAKEVIEW RD $988.04 14 2411823120005 DAVID C & JEANNE M TRUAX 355 LAKEVIEW RD $988.04 15 2411823120021 ERNEST & LAURA DUFFNEY 6225 BUTTERWORTH LA $988.04 $13,832.50 Resolution No. 2016-xx 3 June 7, 2016 Agenda Item # 9A MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: June 2, 2016 MEETING: June 7, 2016 City Council SUBJ: Deerhill Preserve — Conservation Easement Agreements; Public Improvement Project Update Background The applicant is continuing to finalize the documents for the Deerhill Preserve Development. Staff is awaiting a final version of the plat which corrects a few technical matters and the City Attorney is working on revisions requested to the Development Agreement. The final plat and development agreement will be presented at a future meeting when they are prepared. In the meantime, the applicant has finalized the Conservation Easement and the Land Stewardship Plan with Minnehaha Creek Watershed. These documents are attached for reference. Minnehaha Creek has requested that the City enter into two agreements with them related to the Conservation Easement. These agreements are described below and are attached. City staff and the applicant have also been in discussions related to the construction of Deerhill Road. The City had agreed to construct the street as a public improvement project and to assess the full cost of the project back to the development. Staff wanted to confirm the scope of this project with the City Council before the applicant completed plans and specs. Agreements with Minnehaha Creek Watershed District The first document is a Memorandum of Understanding related to how the District will enforce the Easement and how the City may support the enforcement through its ability to assess costs to the property taxes of the property if the Homeowner's Association fails in its obligation. The second document is an Indemnity Agreement in which the City and District indemnify each other with respects to their actions related to the trail easements through the Conservation Easement Areas. The City Attorney has reviewed both documents and found them to be acceptable. Staff recommends that the City Council approve the agreements and authorize the Mayor and City Administrator to execute the agreements upon approval of the plat. Public Improvement Project In addition to agreeing to construct Deerhill Road through a public improvement project, the City agreed to defer payment of the assessments up to 12 years (although the full amount will be Deerhill Preserve Page 1 of 3 June 7, 2016 Minnehaha Creek Agreements; Public Improvement City Council Meeting payable upon sale or construction). In early discussions, the City had estimated this cost to be over $1 million, although the applicant has indicated that their costs estimates were lower than this amount. The applicant has argued that, beyond the road surface itself, various improvements in the subdivision are related to Deerhill Road. These include stormwater improvements which treat runoff from the street and a turn lane off of Homestead Trail onto Deerhill Road. Staff believes the stormwater improvements for Deerhill Road are the most related to the street construction. Staff supports these being included in the public improvement project and assessed along with the street. These costs would generally have been anticipated within the early cost estimates. Staff also understands that it may be preferable for the Homestead Trail turn lanes to be constructed by the same contractor as Deerhill Road. However, there is no reason that the applicant could not construct them separately. The expected cost would be around $100,000. The applicant argues that this construction is a requirement by Hennepin County for the Deerhill Road project and is therefore related. They request that the City include the turn lane in the public improvement project and believe that the cost of the entire project would still be under $1 million. Staff believes that it would be reasonable for the Council to determine that the turn lanes are beyond the scope of what was previously agreed to. It should be noted that the applicant requested that the City considered additional items to be part of the public improvement project (retaining walls near entrance, rough grading) but they have subsequently agreed to not request them. Staff seeks discussion from the Council on the scope of the public improvement project and whether the Council is comfortable including the Homestead turn lanes. The Developer and staff also discussed the timing of the public improvement project. The Developer intends to provide a feasibility report and plans and specs for the project for approval by the Council at the June 21 meeting. If the Council orders the project, the City must advertise for 3 weeks. Because of publication deadlines for Crow River News this would push the construction into August or September. The Developer has requested that the City Council authorize the staff to send in the advertisement before the June 21 meeting. It would not appear in the newspaper until June 23, after the City Council decides whether to order the project. If the Council does not order the project, there may be some inquiries, but the City Engineer does not believe it would be a concern. Staff Recommendation Staff recommends that the City Council take the following actions: 1) Approve the Agreement by and between the City of Medina and Minnehaha Creek Watershed District regarding Deerhill Preserve Conservation Easement 2) Approve the Memorandum of Understanding between the Minnehaha Creek Watershed District and the City of Medina regarding the Deerhill Preserve Conservation Easement Deerhill Preserve Page 2 of 3 June 7, 2016 Minnehaha Creek Agreements; Public Improvement City Council Meeting Attachments 1. Agreement 2. Memorandum of Understanding 3. Conservation Easement 4. Land Stewardship Plan Deerhill Preserve Page 3 of 3 June 7, 2016 Minnehaha Creek Agreements; Public Improvement City Council Meeting AGREEMENT City of Medina and Minnehaha Creek Watershed District Deerhill Preserve Conservation Easement This Agreement is entered into by and between the City of Medina, a statutory city of the State of Minnesota ("City"), and the Minnehaha Creek Watershed District, a watershed district with purposes and powers as set forth at Minnesota Statutes Chapters 103B and 103D ("District") (together, the "Parties"). RECITALS A. The City, as land use authority, has approved a Conservation Design Planned Unit Development (CD-PUD) in favor of the Property Resources Development Corporation for the Deerhill Preserve plat within the City. By city ordinance, the property owner must convey a perpetual conservation easement under Minnesota Statutes chapter 84C to a holder to preserve conservation values within the described conservation area. B. To facilitate the City's use of conservation design and to advance its own statutory water resource goals, the District has agreed to serve as the third -party holder under the Deerhill Preserve conservation easement. As the holder, the District will assume certain responsibilities to monitor and enforce the preservation and restoration activities of the fee owner and may undertake or participate in such activities in its discretion. C. The conservation easement acknowledges that the fee owner will grant trail easements within the conservation area to the City within which the City may install and maintain trails for public use ("Trails"). D. On May 26, 2016, the District's Board of Managers authorized the Board President to execute the conservation easement, contingent on an agreement providing for City indemnification of the District with respect to the installation, maintenance and use of the Trails. The purpose of this Agreement is to fulfill that condition. TERMS 1. During installation and maintenance of the Trails, the City will take measures necessary to prevent erosion and sedimentation, protect water resources and restore any disturbance. 2. The City will be responsible for all elements of maintenance and use of the Trails, including but not limited to day-to-day use monitoring and maintenance, sanitation, inspecting for and addressing hazards, inappropriate or unlawful use and public safety. 3. The City will indemnify the District, its managers, staff and agents, and hold those parties harmless, with respect to all claims, costs, losses and damages (including reasonable attorney fees) arising out of the City's design, installation and maintenance of the Trails and 1 the public use thereof, except to the extent resulting from a negligent or willfully wrongful act or omission of the District, or a manager, staff, agent or contractor thereof. 4. The District will indemnify the City, its council members, staff and agents, and hold those parties harmless, with respect to all claims, costs, losses and damages (including reasonable attorney fees) arising out of the City's design, installation and maintenance of the Trails and the public use thereof, to the extent resulting from a negligent or willfully wrongful act of the District, or a manager, staff, agent or contractor thereof. 5. Nothing in this Agreement waives or otherwise diminishes, with respect to any third party, any immunity, defense or liability limit available to the City or District as a matter of law. IN WITNESS THEREOF, the City and District execute this Agreement by their authorized officers, intending it to be legally binding. CITY OF MEDINA By Date: Its Mayor By Date: Its City Administrator MINNEHAHA CREEK WATERSHED DISTRICT Its Presiden Approved for form nd execution: D Counsel Date: •= 3/ //" 2 Memorandum of Understanding Minnehaha Creek Watershed District and City of Medina Deerhill Preserve Conservation Development 1. The City of Medina ("City') has approved the Deerhill Preserve plat, 170 acres more or less, as a Conservation Design -Planned Unit Development with 41 single-family lots. Within that development, about 89 acres are to be protected as conservation land subject to a Conservation Easement ("Easement"), within the meaning of Minnesota Statutes chapter 84C, conveyed to the Minnehaha Creek Watershed District ("District") as holder. 2. Under the Easement, the District has the responsibility and authority to monitor the conservation land and compliance with the Easement terms and to take appropriate action to enforce the Easement. The City also has enforcement authority as both the local police power authority and having been granted a third -party right of enforcement under the Easement. 3. The District and the City each may undertake compliance and enforcement actions independently under the authority each possesses. However, the parties intend that the District will be primarily responsible for such actions and in the ordinary case will coordinate on potential noncompliance matters as follows: a. The District will monitor the Easement and communicate potential noncompliance to the City. The parties will consult to mutually confirm noncompliance and to determine appropriate corrective action. b. The District will notify the owner of the conservation land, which will be the homeowners' association (HOA), detailing the violation and stipulating the corrective action. c. If the violation is not addressed within the applicable time specified in the Conservation Easement, the District will take appropriate enforcement action pursuant to the terms of the Easement, which may include entering the premises under its authority to take corrective action. d. The City may assist with or independently take enforcement and corrective action under its third party right of enforcement and City regulations. 4. The Easement, including the land stewardship plan, also states that the HOA will reimburse the District and City for costs each incurs to investigate and address noncompliance issues, including reasonable costs of technical and legal assistance. It further states that the HOA will not contest the City's authority to assess these District costs against residential lots and outlots within the residential community in the same manner as assessable City costs. The City has consulted with its counsel and represents that it has the legal authority to assess for District 1 costs in accordance with the foregoing. The parties will coordinate as needed to provide for the efficient administration of any such assessment. 5. The parties otherwise will coordinate in good faith to achieve the conservation purposes set forth in the Easement. 6. This memorandum of understanding does not state any legally binding responsibilities or obligations but documents the understanding of the parties and establishes a cooperative framework for the matters addressed herein consistent with the Easement. CITY of MEDINA By: Bob Mitchell, Mayor By: Scott Johnson, City Administrator MINNEHAHA CREEK WATERSHED DISTRICT AP By: Sherd Davis White, President Date: Date: Date: 2 (, —4 .4-0Ly, 2 CONSERVATION EASEMENT Legal Description of Protected Property: OUTLOTS B, C, E, F, I, K, N DEERHILL PRESERVE (collectively referred to as the "Outlots", the "Protected Property" or the "Easement Area"). Torrens Property Certificate of Title No(s): 862516 This is a CONSERVATION EASEMENT granted by Property Resources Development Corporation, Inc., a Minnesota Corporation ("Owner"), to the Minnehaha Creek Watershed District, a governmental body created under Minnesota Statutes Chapter 103D (the "District"). RECITALS: A. OWNER. The Owner is the Owner in fee simple of the real property in the City of Medina, Hennepin County, Minnesota, and legally described above (the "Protected Property"). The general location of the Protected Property is identified as Outlots B, C, E, F, I, K, N on the Final Plat attached hereto as Exhibit A (hereinafter referred to as the "Plat") and the Site Plan attached hereto as Exhibit B (hereinafter referred to as the "Site Plan"). B. PROTECTED PROPERTY. The Protected Property is approximately 89 acres which encompasses in part approximately 30 acres of an approximately 46-acre Tamarack swamp, public waters as defined in Minnesota Statutes §103G.005, Subd. 15, and contains a wetland, floodplain and mature tree canopy. The remaining approximately 55 acres of the Protected Property historically has been used for agricultural purposes. The Owner has agreed to grant this Conservation Easement, in part, as a condition imposed by the City of Medina (the "City") for approval of a Conservation Design Planned Unit Development, (hereinafter referred to as the "PUD") a form of residential development (pursuant to applicable City regulations) on the Protected Property and contiguous real property thereto (hereinafter referred to as the "Residential Community"). In its PUD approval process, the City will reference "Ordinance #588 Establishing a Conservation 1 Design -Planned Unit Development District for Stonegate' and amending the Official Zoning Map" and the "Deerhill Preserve Final Plat" approved on , 2016. C. MINNEHAHA CREEK WATERSHED DISTRICT. The Minnehaha Creek Watershed District is a governmental body created and operated exclusively for the purposes of water resource protection, conservation and management, including the protection, conservation, and management of lands to serve those purposes. The District is an organization qualified to hold conservation easements under Minnesota law and Section 170(h) of the Internal Revenue Code and related regulations. D. CONSERVATION POLICY. Preservation of the Protected Property will further those governmental policies established by the following: 1. Minnesota Statutes Chapter 84C, which recognizes the importance of private conservation efforts by authorizing conservation easements for the protection of natural, scenic, or open space values of real property, assuring its availability for agriculture, forest, recreational, or open space use, protecting natural resources, and maintaining or enhancing air or water quality. 2. The Metropolitan Surface Water Act, Minnesota Statutes Section 103B, which specifically identifies the importance of protecting the natural surface waters and groundwaters of the Metropolitan Area. 3. Minnesota Statutes Section 103D which provides for the establishment of watershed districts to conserve the natural resources of the State. 4. Minnehaha Creek Watershed District watershed management plan (as amended) which includes the policies, programs, and projects implementing the Metropolitan Surface Water Act. E. CONSERVATION INTENT. It is the parties intent to create and implement a conservation easement that is binding in perpetuity upon the Owner and all future owners of the Protected Property and that conveys to the District the right to protect and preserve the Protected Property for the benefit of this generation and generations to come, pursuant to the terms of this Conservation Easement. F. DOCUMENTATION. The current condition of the Protected Property will be described and documented in a property report, titled "Deerhill Preserve Conservation Easement Property Report" that Owner and the District intend to complete and sign as soon as they are able after this Easement is executed (the "Property Report"). Owner and the District each acknowledge that they will consider the Property Report to accurately represent the condition of the Protected Property at the time of this conveyance, except as the Property Report explicitly may provide otherwise, and that the Property Report may be used by the parties in monitoring future uses of the Protected Property, in documenting compliance with the terms of this Easement and in any enforcement proceeding. This paragraph does 2 not preclude the use of other information and evidence to establish the present condition of the Protected Property in the event of a future controversy. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: CONVEYANCE OF CONSERVATION EASEMENT: Pursuant to the laws of the State of Minnesota and in particular Minnesota Statutes Chapter 84C and in consideration of the Recitals above and the mutual covenants contained herein and in further consideration of the sum of one dollar and other valuable consideration, the Owner hereby grants to the District a perpetual, nonexclusive conservation easement over OUTLOTS B, C, E, F, I, K, AND N, DEERHILL PRESERVE and as generally identified on the Plat and Site Plan attached hereto as Exhibits A and B and incorporated herein, respectively. The conservation easement granted herein consists of the following rights, terms and restrictions applicable within the Protected Property (the "Conservation Easement" or "Easement"): 1. CONSERVATION PURPOSE. The purpose of this Easement is to preserve and protect in perpetuity the Protected Property by: (a) confining the development, management and use of the Protected Property to uses and activities that are consistent with the LSP as further defined in Section 2.1, (b) prohibiting activities as set forth in this Conservation Easement, and (c) providing for remedies in the event of any violation of this Easement. The terms of this Easement are specifically intended to provide a public benefit, including but not limited to restoring and protecting the water quality, habitat value and ecological integrity of surface waters and wetlands, as well as associated riparian land, floodplain and supporting groundwater, both on the Protected Property and within the wider hydrologic system in which they are situated, as further described in the District's watershed management plan (2007 version), along with the facilitation of public educational and passive recreational use by the local community consistent with protection restoration and protection of the resource. 2. PRESERVATION AND RESTORATION. 2.1. In conjunction with the development of the Residential Community, the Owner will complete the installation of the natural resources on portions of the Protected Property identified on the Site Plan as the "Restoration Area," and as specified in the Land Stewardship Plan ("LSP") dated May 23, 2016 (incorporated herein as Exhibit C). 2.2. Once the initial restoration plantings are established within the Restoration Area pursuant to the LSP, the Owner shall maintain the Restoration Area in accordance with the LSP. 3 2.3 The Owner has no obligation to complete any restoration within the area generally identified as the Reserve Area in the LSP, including, without limitation, the removal of any species or the installation of any plantings. The Reserve Area is also identified on the Site Plan and shall hereinafter be referred to as the "Reserve Area." 3. USES WITHIN THE CONSERVATION EASEMENT: In furtherance of the intent of this Conservation Easement, the Conservation Easement is subject to the activity and use rights and limitations set forth in Section 3. The permitted uses set forth below are not intended to be exclusive. The terms of this Section apply to Owner and all persons acting under Owner's authority or control. 3.1 Permitted Activity Limited. Permitted activity on the Easement is limited to those activities specifically permitted in this Conservation Easement. The LSP will be interpreted as consistent with and subject to this Conservation Easement. No activity may be conducted under the LSP so as to violate any term of this Easement. 3.2. Industrial and Commercial Activity. No industrial or commercial use of the Easement is allowed. 3.3. Right of Way. No right of way shall be granted across the Easement area except the right-of-way shown on the Plat (Exhibit A) and the Site Plan (Exhibit B) to serve the lots in the Residential Community. 3.4. Mining No mining, drilling, exploring for or removing of any minerals from the Easement Area is allowed. The foregoing notwithstanding, prior to completing the restoration within the Restoration Area, the Owner may remove material within the Restoration Area for use in the development of the Residential Community, in which case Owner will protect and restore the disturbed area in accordance with the LSP. 3.5. Subdivision. The Easement may not be divided, subdivided, or partitioned. Any adjustment to the boundary of a lot within the Easement requires District approval. Any such adjustment will be evidenced by the recording of an Amendment to this Conservation Easement to redefine the Protected Property. 3.6. Water. No activity shall be conducted on the Easement that would pollute, alter, deplete, or extract surface water or groundwater; cause erosion; or be detrimental to water quality, except as follows: a. Activities approved in writing by District that restore or enhance wildlife habitat or native biological communities or that improve or enhance the function and quality of existing wetlands and surface waters on and off of the property. 4 b. Activities undertaken in the exercise of rights reserved under Section 3 of this Easement, if any, that might cause erosion or impact water quality on a temporary basis, provided that all reasonable erosion and sediment control measures are undertaken to limit the impacts of those activities. All activities permitted hereunder remain subject to any applicable permitting requirements of the District and other governmental bodies. c. Owner shall have the right to install wells within the Conservation Easement for purposes of providing irrigation for plantings and landscaping within any right of way, Protected Property or common elements installed as part of the Residential Community, or for purposes of serving an individual lot within the Residential Community as needed if the City determines that there is no feasible location on the individual lot being served by the well. 3.7. Dumping. No trash, garbage, organic material for composting, hazardous or toxic substances or unsightly material may be dumped or placed on the Easement Area. 3.8. Storage Tanks. There shall be no placement of underground storage tanks on, in, or under the Easement Area. 3.9. Agricultural Use. No agricultural use or cultivation, except for vegetation management permitted under subsection 3.14, below, is allowed within the Conservation Easement unless approved by the District. 3.10. Utilities. Limited utilities are permitted within the Easement as follows: a. The Owner reserves the right to use the Easement for siting of secondary drainfields for individual septic systems associated with the lots contained within the Residential Community, subject to the limits in the approved PUD or as allowed by applicable City regulations. All secondary drainfields shall be subject to maintenance and management requirements of the Deerhill Preserve Homeowners Association (hereinafter referred to as the "HOA") and all applicable laws and regulations. If a secondary drainfield is sited within the Conservation Easement a survey showing the location of the drainfield shall be provided to the District and vegetation over the drainfield shall be reasonably consistent with adjacent vegetation. b. Stormwater management facilities for the Residential Community may be located within the Easement. c. The Protected Property is subject to and encumbered by those utility easements identified on the Final Plat, which is attached hereto as Exhibit A. d. Owner will not grant any new utility license or easement, or expand any existing utility license or easement, on or under the Easement Area, and will not install any utility pursuant thereto, except for those utilities that solely serve one or more lots within the Residential Community. In such a case, the utility will be subsurface if feasible and will be routed through the Conservation Easement only if an alternative route is not commercially feasible. Notwithstanding the foregoing, the District, with Owner's concurrence, may allow other utilities to be installed and maintained, in its discretion but only on finding that the standards of paragraph 7.6(d), below, are met, and pursuant to such conditions as it may find necessary or appropriate. e. Owner will give the District notice before land disturbance under this Subsection 3.10. The District may prescribe reasonable terms to protect the adjacent land and restore the disturbed area following the work to the pre -disturbance condition. The District's authority under this paragraph is not subject to any permit threshold under its adopted erosion control rule, but the terms it may impose are limited to those that would be within its authority to impose under said rule. 3.11. Recreational Use. Owner retains the right to access the Conservation Easement areas for passive recreational use. This includes but is not limited to the following: a. Owner may establish and maintain private turf trails for fire breaks, walking, cross-country skiing, horseback riding and other non - motorized recreational activities on or across the Easement, as generally identified on the Site Plan. Owner may establish and maintain other trails with District approval. b. Owner may grant easements to the City for trails for public use within a 20-foot right-of-way generally located on the alignments identified on Exhibit B hereto. c. Owner may use any area within the Conservation Easement containing short prairie grass and identified on Exhibit B hereto as Gathering Area for occasional community gatherings. Temporary structures such as tents and pergolas, but not permanent structures, may be erected. d. Owner may permit hunting within the Conservation Easement. e. The separation of recreational use from any drainfield edge will conform to applicable City requirements. 3.12. Fences. No fence may be located or constructed within the Easement except as agreed to by both parties. 3.13. Structures and Improvements. No temporary or permanent building, structure, sign or other improvement of any kind may be placed or constructed on the Easement, with the following exceptions: (i) signage to mark the boundaries of the Conservation Easement and to mark wetland buffer boundaries, (ii) monument signage for the Residential Community, near the Homestead Trail entrance on the west and the Deer Hill Road entrance on the east, (iii) as noted in Paragraph 3.11(b), or (iv) as agreed to by the parties. 3.14. Vegetation Management. Vegetation may be altered in accordance with the LSP or if such alteration is conducted in order to maintain, restore or enhance habitat for wildlife and native biological communities; prevent or control noxious weeds, invasive vegetation, or disease; improve the water quality of the Tamarack swamp (which is generally within Outlot B); or improve the water quality of other surface water bodies or groundwater in the Painter Creek Subwatershed. The District must approve an alteration that would deviate materially from the LSP or that would occur within the Reserve Area. The foregoing notwithstanding, emergency action may be taken as necessary to prevent or abate fire or any other condition causing or threatening injury or substantial property damage. Additionally, and notwithstanding Subsection 3.15, the Owner may move and or remove the nursery trees on the site located within Outlots E and I, and may remove or trim trees on the steep slope area located within Outlot K that obstruct viewsheds of adjacent residential lots. Areas disturbed by tree removal shall be restored with an appropriate seed mix compatible with adjacent areas. Measures will be utilized during removal and restoration to protect against slope instability. 3.15. Topography and Surface Alteration. No alteration or change in the topography or surface of the Easement is allowed after the restoration as identified within the LSP is completed, unless approved by the District. This includes no ditching, draining, diking, filling, excavation, dredging, mining, drilling or removal of soil, sand, gravel, rock, minerals, or other materials. 3.16. Vehicles. No motorized vehicle may be operated within the Easement except (i) as required to perform maintenance and management as identified within the LSP; or (ii) within the public trail easements as required by the City for maintenance and management of the trail or for public safety; or (iii) as required by the Owner for maintenance and management of the turf trail. 3.17. Chemicals. Except as authorized by Subsection 3.14, above, within the Easement there shall be no use of pesticides or biocides, except that the Owner may control mosquitoes in accordance with best selective control practices. 4. RESERVED RIGHTS. The Owner retains all rights associated with ownership and use of the Protected Property except as expressly restricted or prohibited by this Easement. Such rights include, but may not be limited to, all uses and activities necessary to implement and satisfy the obligations of the LSP. 5. DISTRICT'S RIGHTS AND REMEDIES. In order to accomplish the purposes of this Easement, the District has the following rights and remedies, which it will exercise consistent with the PUD and the LSP. 5.1. Right to Enter. The District, its agents and authorized representatives may enter the Protected Property at reasonable times and in a reasonable manner for the purpose of, and may engage in, the following activities: a. To inspect the Protected Property, monitor compliance with the terms of this Conservation Easement, and enforce the terms of this Conservation Easement as set forth herein. The District shall not unreasonably interfere with the legal and appropriate use and quiet enjoyment of the Protected Property by the Owner, the owners and occupants of the Residential Community, HOA, users of the public trail, or any successor homeowners association, and any permitted invitees of those persons, collectively ("Permitted Users") so long as such use is in a manner consistent with this Conservation Easement. To further the purposes as set out in this Section, Owner hereby grants to the District a perpetual non-exclusive easement for the purpose of access to the Protected Property by reasonable means, on, over, and across all trails, public and private roads, rights of way and platted drainage and utility easements within the Residential Community. The foregoing notwithstanding, the easement granted in this Section 5.1.a. shall not encumber or be located on any individual residential lot included in the Residential Community. b. To survey or otherwise mark the boundaries of all or part of the Conservation Easement. Any survey or boundary demarcation completed under this provision will be at the District's expense. c. To make scientific and education observations and studies and take samples within the Protected Property, in such a manner as will not disturb the quiet enjoyment of the Protected Property. 8 d. Management of the Easement to advance applicable laws and regulations to protect or enhance the conservation purpose as stated at Section 1, above. Management may consist of, but not be limited to, planting, removing and maintaining native vegetation; modifying hydrology or soils; altering and stabilizing land; installing improvements for water quality and flood management purposes; erecting fencing or other measures to protect against intentional or unintentional impact; and installing and maintaining educational or informational signage. District actions under this paragraph are subject to Owner approval. 5.2 No Grant of Public Right. Nothing in this Section 5 shall be construed as: (i) a public dedication; or (ii) a grant of right to persons other than the District and Permitted Users to enter or use the Easement as provided in this Conservation Easement. Nothing in this Easement constitutes a general right of public entry onto or across the Easement. Notwithstanding the foregoing, the City may allow for public entry in accordance with paragraph 3.11(b), above. 5.3. Right of Enforcement. If the District finds at any time that the Owner has breached the terms of this Conservation Easement, the District, itself or in conjunction with the City, will notify the Owner of the alleged breach and direct the Owner to take action to cure the default. If such action is not taken, the District may give written notice detailing the breach to the Owner and demand action to cure the breach including, without limitation, restoration of the Protected Property as required in this Conservation Easement. If the Owner does not cure the breach within thirty (30) days from receipt of such notice, or such longer time as may be reasonably required (provided that the Owner's efforts to cure the breach are commenced within said thirty (30) day period and are diligently pursued toward completion), the District may commence an action to obtain one or more available remedies including but not limited to: (i) enforcing the terms of this Conservation Easement, (ii) enjoining the breach, or (iii) requiring restoration of the Protected Property to its condition prior to the Owner's breach. Specific performance is an available remedy without demonstration that it is the only adequate remedy. The notice and opportunity to cure is not required in the event that immediate action is reasonably necessary to prevent or mitigate significant and immediate damage to the Conservation Easement. Further, notwithstanding the foregoing, the City shall be granted a third -party right of enforcement as described in Minnesota Statute 84C, following the applicable notice and cure periods provided for herein. Notwithstanding anything to the contrary, Owner is not liable for damages to the District for acts of trespassers. a. Enforcement Costs. Owner is responsible for reasonable costs that the District incurs, exclusive of periodic monitoring costs, to investigate potential Easement violations and for compliance activity. This includes reasonable costs of technical and legal assistance. Owner will not contest the authority of the City to assess the District's reasonable and verifiable enforcement costs incurred in accordance with the procedures of this Subsection 5.3 against the Lots and Outlots within the Residential Community in the same manner as assessable City costs, with any such assessments to be allocated amongst the Lots and Outlots in a fair and equitable manner. b. Attorney's Fees. Notwithstanding paragraph 5.3(a), the prevailing party in a judicial action under this Easement shall be entitled to reimbursement from the non -prevailing party for all reasonable attorneys' fees and costs incurred by the prevailing party incurred after filing of the action. The parties waive their right to a jury trial on the issues of which is the prevailing party and the reasonable amount of attorneys' fees and costs to be awarded to the prevailing party. Those issues will be decided by the trial judge upon motion by one or both parties, such motion to be decided based on the record as of the end of trial augmented only by testimony and/or affidavits from the attorneys and their staff. The parties agree that, subject to the trial judge's discretion, the intent of this clause is to have all issues related to the award of attorneys' fees and costs decided by the trial judge as quickly as practicable. c. Discretionary Enforcement. The District does not, by any delay or prior failure of the District to discover a violation or initiate enforcement proceedings, waive or forfeit any enforcement right. d. Acts Beyond Owner's Control. The District will have no claim against the fee owner for any change to the Protected Property: (i) not caused in whole or part by an action of the Owner or a party acting under the Owner's authority, or (ii) to the extent caused by an action of the Owner, or of a party acting under the Owner's authority, taken reasonably and in good faith under emergency conditions to prevent or mitigate substantial damage from such conditions. e. Property Report. In any enforcement matter, the Property Report referenced at Recital F, above, may be used as evidence as to the baseline condition of the Reserve Area, as may any other evidence meeting applicable standards for consideration. 6. PUBLIC ACCESS. Nothing in this Easement constitutes Owner's grant of general public access to the Easement. The terms of use of any general public trail under subsection 3.11 will be memorialized with a trail easement. 7. GENERAL PROVISIONS. 7.1. Assignment. This Easement, and any rights or responsibilities hereunder, may be assigned or transferred by the District to, or shared by the District with, a conservation organization that is a qualified organization under Section 170(h) of the Internal Revenue Code and related regulations and that is authorized to hold conservation easements under Minnesota law. Any future holder of this Easement shall have all of the rights conveyed to the District by this Easement. As a condition of any assignment or transfer, the District shall require any future holder of this Easement to continue to carry out the conservation purposes of this Easement in perpetuity. The District agrees not to transfer or assign the easement during the establishment period as identified within the LSP, or until the HOA assumes responsibility for the Easement areas, whichever occurs first. Further, the District agrees that the HOA and the City shall have the right to review the assignee and, within a reasonable time, find its own qualified organization if the HOA or City does not approve of the District's proposed assignee. The Owner has the right to convey title to the Protected Property to the HOA, at times following the satisfaction of the duties and obligations of the Owner as identified in the LSP, or as may be mandated by the HOA's Bylaws and Covenants. At such time, the HOA will assume the duties of the Owner for purposes of this Conservation Easement and the Owner will be released from all duties, obligations and liabilities under this Conservation Easement. Such conveyance will include: a. Any conveyance or encumbrance of the Protected Property is subject to this Easement. b. The Owner will reference or insert the terms of this Easement in any deed or other document by which the Owner conveys title to all or a portion of the Protected Property. c. The Owner will reference or insert the terms of this Easement within the HOA documents and Bylaws. d. The Owner will notify the District of any conveyance within fifteen (15) days after closing and will provide the District with the name and address of the new owner and a copy of the deed transferring title. 11 e. The enforceability of validity of this Easement will not be impaired or limited by any failure of the Owner to comply with this subsection. 7.2. Amendment. Under appropriate circumstances, this Easement may be modified or amended. However, no amendment or modification will be allowed if, in the reasonable judgment of the District, it: (i) does not further the purposes of this Easement, (ii) affects the perpetual duration of the Easement, or (iii) affects the validity of the Easement under Minnesota law or under Section 170(h) of the Internal Revenue Code. Any amendment must comply with the applicable City code and Deerhill Preserve Conservation Design Planned Unit Development. Any amendment or modification must be in writing, signed by Owner and District and must be recorded in the same manner as this Easement. 7.3. Extinguishment. This Easement may be extinguished only through judicial proceedings and only under the following circumstances: a. This Easement may be extinguished only (i) if unexpected change in the conditions of or surrounding the Protected Property makes the continued use of the Protected Property for the conservation purposes set out above impossible or impractical or (ii) pursuant to the proper exercise of the power of eminent domain. b. The Owner recognizes that uses of the Protected Property prohibited by this Easement may, in the future, become more economically viable than those uses permitted by the Easement. Changes to the surrounding area or other circumstances may cause the public benefit provided by this Easement to change. Therefore, such changes are not considered unexpected changes and shall not be deemed to be circumstances justifying the extinguishment of this Easement as otherwise set forth above. 7.4. Real Estate Taxes. The Owner shall pay all real estate taxes and assessments levied against the Protected Property. 7.5. Ownership Costs and Liabilities. The Owner retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Protected Property, excluding the public trails and public trail easements, as described in the LSP, including the maintenance of such comprehensive general liability insurance coverage as the Owner deems adequate. The preceding sentence shall not apply to any improvements constructed by the District under subsection 12 5.1. The Owner agrees to hold harmless, defend and indemnify the District from any and all liabilities arising out of any waste or contaminant on the Protected Property as of the date of this Easement, which terms are to be understood in their broad common meaning and not as defined by any specific statute, as well as any and all liabilities, including, but not limited to, injury, losses, damages, judgments, costs, expenses and fees that the District may suffer or incur, to the extent they result from the activities of Owner on the Protected Property. The District agrees to hold harmless, defend and indemnify the Owner from any and all liabilities including, but not limited to, injury, losses, damages, judgments, costs, expenses and fees that the Owner may suffer or incur, to the extent they result from work or improvements of the District on the Protected Property. Each party shall keep the Protected Property free of any liens arising out of any work performed for, materials furnished to or obligations incurred by that party. Nothing in this paragraph or this Easement creates any right in any third party or diminishes any immunity, defense or liability limitation of the Owner or District as against any third party. By assuming its rights and responsibilities under this Easement, the District is not assuming the role of owner or operator, or otherwise of a potentially responsible party, under any law with respect to any preexisting environmental condition on the Protected Property. Owner holds harmless and agrees to defend and indemnify the District from and against any and all liability, loss, claim, damage or expense (including reasonable attorney fees, costs and disbursements) that the District may incur to the extent it results from a pre-existing environmental condition on the Protected Property. 7.6. Notice and Approval. Any notice or request for approval required by this Easement must be written and is subject to the following: a. Delivery. Any required notice or request for approval must be delivered or sent by first class mail or other nationally recognized delivery service to the appropriate party at the following addresses (or other address specified in writing): To the Owner: Stonegate Farm, Inc. 6851 Flying Cloud Drive, Suite A Eden Prairie, MN 55344 To the District: Minnehaha Creek Watershed District 15320 Minnetonka Boulevard Minnetonka, MN 55345 b. Timing. Unless otherwise specified in this Easement, any required notice or request for approval must be delivered at least 30 days prior to the date proposed for initiating the activity in question. c. Content. The notice or request for approval must include sufficient information to allow the approving party to make an informed decision on whether any proposed activity is consistent with the terms and purposes of this Easement. d. Approval. The approving party may consent to any activity under this Easement only if it reasonably determines that the activity (1) will not violate the conservation purpose of this Conservation Easement as stated at Section 1, and (2) will either enhance or not impair any significant water resource or associated ecological element associated with the Protected Property, including the following: restoring and protecting the water quality, habitat value and ecological integrity of surface waters and wetlands, as well as associated riparian land, floodplain and supporting groundwater. The approving party may condition its approval on the requesting party's acceptance of modifications that, in the approving party's reasonable judgment, would allow the proposed activity to meet these criteria. Unless provision is made for a specific time period, each response to a request for approval or consent required to be considered pursuant to this Conservation Easement shall be given by the party to whom directed within thirty (30) days after receipt thereof. Any disapproval shall be in writing and, subject to this Section 7.6.d, the reasons therefor shall be clearly stated. Failure to reply within the required time period, however, will not be deemed to be an approval. The foregoing notwithstanding, the provisions of this Section 7.6 do not apply in any manner to any request that requires an amendment to this Conservation Easement, as such requests shall be governed by Section 7.2 of this Conservation Easement. With respect to all requests for approval under this Easement, the requesting party will not unreasonably withhold, delay or condition approval. 7.7. Binding Effect. This Easement will run with and burden the Protected Property in perpetuity. The terms of this Easement are binding and enforceable against the Owner, its lessees, agents, personal representatives, successors and assigns, and all other parties entitled to possess or use the Protected Property. This Easement creates a property right immediately vested in the District and its successors and assigns that cannot be terminated or extinguished except as set out herein. 7.8. Merger. The Owner and District agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interest in the Protected Property. 7.9. Definitions. Unless the context requires otherwise, the term "Owner" means Stonegate Farm, Inc. and its representatives, successors and assigns in title to the Protected Property. The term "District" means the Minnehaha Creek Watershed District and its successors, assigns and partners to any interest it holds in this Easement. 7.10. Termination of Rights and Obligations. A party's rights and obligations under this Easement terminate upon the transfer or termination of that party's interest in this Easement or the Protected Property, provided, however, that any liability for acts or omissions occurring prior to the transfer or termination will survive that transfer or termination. 7.11. Recording. The District will record or register this Easement in a timely manner in the official records for Hennepin County. Following reasonable written notice to the Owner, the District may re-record or re -register this Easement or any other document reasonably necessary to protect its rights under this Easement or to assure the perpetual enforceability of this Easement. The Owner will cooperate as necessary to accomplish and effect acts of recordation. 7.12. Controlling Law and Construction. This Easement shall be governed by the laws of the State of Minnesota and construed to resolve any ambiguities or questions of validity of specific provisions in favor of giving maximum effect to its conservation purposes and to the policies and purposes of Minnesota Statutes Chapter 84C. 7.13. Permits and Applicable Laws. The Owner and the District acknowledge that the exercise of any reserved right herein or other use of the Protected Property is not by this Easement relieved from complying with or obtaining any permit from any applicable governmental authority, including the District, prior to the exercise thereof. 7.14. Severability. A determination that any provision or specific application of this Easement is invalid shall not affect the validity of the remaining provisions or any future application. 7.15. Captions. The captions herein have been inserted solely for convenience of reference and are not a part of this Conservation Easement and shall have no effect upon construction or interpretation. 7.16. Additional Documents. The District and Owners agree to execute or provide any additional documents reasonably needed by the parties to carry 15 out in perpetuity the provisions and intent of this Easement, including, but not limited to any documents reasonably needed to correct any legal description or title matter or to comply with any federal, state, or local law, rule or regulation. 7.17. Entire Agreement. This document states the entire agreement of the parties with respect to this Easement and supersedes all prior discussions or understandings. 7.18. Estoppel Certificate. Owner and District agree upon written request by the other party agree to issue, within thirty (30) days after receipt of such request to such party, or its prospective mortgagee or successors or assigns, an estoppel certificate stating to the best of the issuer's knowledge as of such date: a. Whether it knows of any default under this Easement by the requesting party, and if there are known defaults, specifying the nature thereof in reasonable detail. b. Whether this Easement has been assigned, modified or amended in any way by it and if so, stating the nature thereof in reasonable detail. c. Whether this Easement is in full force and effect. 7.19. Excusable Delays. Whenever performance is required by a party hereunder, such party shall use all due diligence to perform; provided, however, if completion of performance is delayed at any time by reason of acts of God, war, civil commotion, terrorism, riots, strikes, picketing, labor disputes, unavailability of labor or materials, damage to work in progress by reason of fire or other casualty, or any cause beyond the reasonable control of such party, then the time for performance as herein specified shall be appropriately extended by the amount of the delay actually so caused. 7.20. Counterparts. This Easement may be executed in any number of counterparts, each of which when executed shall be deemed an original with all such counterparts taken together shall constitute one and the same instrument. THIS INSTRUMENT WAS DRAFTED BY: 16 IN WITNESS WHEREOF, on the basis of mutual valuable consideration, and intending to be legally bound, the Owner and the District voluntarily execute this Conservation Easement on the day of , 2016. STONEGATE FARM, INC. ("OWNER") By: Michael J. Seeland, President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, by Michael J. Seeland as President of Stonegate Farm, Inc. Notary Public 17 ACCEPTANCE The Minnehaha Creek Watershed District hereby accepts the foregoing Conservation Easement this day of , 2016. MINNEHAHA CREEK WATERSHED DISTRICT By: Title: President STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2016, by , as President of the Minnehaha Creek Watershed District. Notary Public My Commission Expires: 18 N‘' a" Exhibit A: Final Plat KNOW ALL PERSONS BY THESE PRESENTS: That Stonegate Farm, Inc., a Minnesota corporation, fee owner of the following described property situated in the State of Minnesota, County of Hennepin, to wit: The East Half of the Southwest Quarter of Section 21, Township 118, Range 23, Hennepin County, Minnesota. And The Northeast Quarter of the Northwest Quarter of Section 28, Township 118, Range 23, Hennepin County, Minnesota. And The Southeast Quarter of the Northwest Quarter of Section 28, Township 118, Range 23, Hennepin County, Minnesota except that part thereof which lies Westerly of the following described line: Commencing at the Northwest corner of said Southeast Quarter of the Northwest Quarter; thence on an assumed bearing of South 0 degrees, 07 minutes, 42 seconds West along the West line of said Southeast Quarter of the Northwest Quarter, a distance of 925.33 feet to the actual point of beginning of the line being described; thence South 45 degrees, 52 minutes, 18 seconds East, a distance of 115.25 feet; thence South 11 degrees 56 minutes, 18 seconds East, a distance of 53.92 feet; thence Southwesterly to a point in the West line of said Southeast Quarter of the Northwest Quarter, distant 1140.18 feet Southerly of the Northwest corner of said Southeast Quarter of the Northwest Quarter and said line there ending. And That part of the Southwest Quarter of the Northwest Quarter of Section 28, Township 118, Range 23, Hennepin County, Minnesota described as follows: Beginning at the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence South along the East line of said Southwest Quarter of the Northwest Quarter, a distance of 668.33 feet; thence West parallel with the North line of said Southwest Quarter of the Northwest Quarter, a distance of 548.47 feet to the Easterly line of Dillman Road; thence Northwesterly deflecting to the right 41 degrees, 13 minutes, 16 seconds along Easterly line of said Road, a distance of 60.15 feet; thence Northerly 239.14 feet along the Easterly line of said Road being a tangential curve to the right having a radius of 254.35 feet; thence Northerly 249.7 feet along easterly line of said Road, being tangent to last described curve; thence Northerly 166.62 feet along the Easterly line of said Road to the North line of said Southwest Quarter of the Northwest Quarter; said 166.62 feet being along a tangential curve to the left having a radius of 650.97 feet; thence East along North line of said Southwest Quarter of the Northwest Quarter 655.43 feet to the point of beginning. And That part of the Southwest Quarter of the Northwest Quarter of Section 28, Township 118, Range 23, described as follows: Commencing at the northeast corner of said Southwest Quarter of the Northwest Quarter; thence on an assumed bearing of South 00 degrees 07 minutes 42 seconds West along the East line of said Southwest Quarter of the Northwest Quarter a distance of 1140.18 feet to the actual point of beginning of the tract of land to be described; thence South 49 degrees 03 minutes 42 seconds West, a distance of 57.15 feet; thence South 29 degrees 03 minutes 42 seconds West to the northeasterly right of way line of Hennepin County Highway No. 201, Plat 53; thence southeasterly along said right of way line to the east line of said Southwest Quarter of the Northwest Quarter; thence North 00 degrees 07 minutes 42 seconds East along said east line to the point of beginning. Has caused the same to be surveyed and platted as DEERHILL PRESERVE and does hereby dedicate to the public for public use forever the public way and the easements for drainage and utility purposes as shown on this plat. In witness whereof said Stonegate Farm, Inc., a Minnesota corporation has caused these presents to be signed by its proper officer this day of , 2016. Stonegate Farm, Inc., a Minnesota corporation Vice President STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 2016, by , Vice President of Stonegate Farm, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public, Hennepin County, Minnesota Notary Printed Name My Commission Expires: I, David B. Pemberton 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 mathematical data and labels are correctly designated on the plat; that all monuments depicted on the plat have been or will be correctly set within one year; that all water boundaries and wet lands, as defined by Minnesota Statutes, 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 , 2016. David B. Pemberton, Licensed Land Surveyor Minnesota License No. 40344 sR �o N SATHRE-BERGQUIST, INC. DEERHILL PRESERVE STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 2016, by David B. Pemberton. Notary Public, Hennepin County, Minnesota My Commission Expires: MEDINA, MINNESOTA Notary Printed Name This plat of DEERHILL PRESERVE was approved and accepted by the City Council of Medina, Minnesota at a regular meeting held this day of , 2016. 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 Statutes, Section 505.03, Subdivision 2. By: , Mayor Bob Mitchell By: , City Administrator - Clerk Scott T. Johnson RESIDENT AND REAL ESTATE SERVICES, HENNEPIN COUNTY, MINNESOTA I hereby certify that taxes payable in , 2016. Mark V. Chapin, Hennepin County Auditor and prior years have been paid for land described on this plat. Dated this day of By: , Deputy SURVEY DIVISION HENNEPIN COUNTY, MINNESOTA Pursuant to Minnesota Statutes Section 383B.565 (1969), this plat has been approved this day of , 2016. Chris F. Mavis, Hennepin County Surveyor By: REGISTRAR OF TITLES HENNEPIN COUNTY, MINNESOTA I hereby certify that the within plat of DEERHILL PRESERVE was filed in this office this day of , 2016, at o'clock M. Martin McCormick, Registrar of Titles By: , Deputy COUNTY RECORDER HENNEPIN COUNTY, MINNESOTA I hereby certify that the within plat of DEERHILL PRESERVE was recorded in this office this day of 2016, at o'clock M. Martin McCormick, County Recorder By: , Deputy _ WEST 1/4 CORNER OF SEC.21, T.118, R.23 (HENNEPIN CO. C.I.M.) 0, I S00°07' 14"W 2646.65 I 1328.86 1 A / 'I / VV I / R.T. DOC. NO. C.R. DOC. NO. SECTION BREAKDOWN SECTION 21 AND 28, TOWNSHIP 118, RANGE 23 NOT TO SCALE NORTH 1/4 CORNER OF _ ,I SEC.21, T.118, R.23 (HENNEPIN CO. C.I.M.) \N JA \ 388°52'47"E 2657.73 NORTHWEST 1/4 CORNER OF - SEC.28, T.118, R.23 / (HENNEPIN CO. C.I.M.) am r a) r r7 I N W � 0 N C Q N w N Fw016 �o O 0\ N W z 1— VI d w w in �~ o I O N� A A J DEER HILL RD—, N89°12138"W \ 1322.25 ;Ts 1A/ VV NORTH LINE OF ( —THE SW 1/4 SEC.21, T.118, R.23 i 1328.86 INSET A SEE SHEET 2 OF 4 SHEETS 1-- / (-) L_ 1 / z_. -MATCH LINE A — I � \ 2644.50 / \ - 1 I EAST LINE OF THE NE 1/4 OF THE NW 1/4 SEC.28, \. — T.118, R.23 N I\A/ / A INVV I / `1- NORTH LINE OFoo -THE SW 1/4 OF co THE NW 1/4 c\1 SEC.28, T.118, R.23 S89°02139"E 0 rn SOUTH LINE OF THE SW 1/4 SEC.21, T.118, R.23 DEER HILL RD I/ i 1322.25 NORTH LINE OF THE NW 1/4-� SEC.28, T.118, R.23 INSET B SEE SHEET 3 OF 4 SHEETS N I r- / A I N L_ I / `t- 1 \ v \ l\ 1 / -MATCH LINE J_ \_/ / 2628.12 1314.06 / A V I \\ A r7 0 O 0 WEST 1/4 CORNER OF - SEC.28, T.118, R.23 I I (FND. HENNEPIN CO. \ i _ 2" C.I.P.) 1305.88 The basis for the bearing system is the north line of the Southwest Quarter of Section 21, Township 118 N., Range 23 W., and is assumed to bear North 88 degrees 52 minutes 47 seconds West. 1314.06 N00°24113"E 2653. 3"E 2631.18 I \ v\ N 1 S88°52'47"E 2656.81 EAST 1/4 CORNER OF SEC.21, T.118, R.23 (HENNEPIN CO. C.I.M.) �N M N• w w 0 w z J a w N U w LJ— +\DEER HILL RO \ NORTH 1/4 CORNER OF -SEC.28, T.118, R.23 (FND. HENNEPIN CO. C.I.M.) co M N z� W 1 ^� 1 r (S) o ~ N W � J z C) I N 1- 0r� w to / o o � INSET C SEE SHEET 4 OF 4 SHEETS O 4 r �I / A co N-) L_ I / ` fi 00 1305.88 v- I I I / \ �\ ►AnDppoiAI/%^Inr— IVIL/rio v I I V \7..`I V C DRIVEI� Eit V EAST 1/4 CORNER OF SEC.28, T.118, R.23 _ (FND. HENNEPIN CO. C.I.M.) � N88°52132"W N� A J� 1 2611.77 1 `< IH AVE.Tn�ir �IvI N. r SOUTH 1/4 CORNER OF _ SEC.28, T.118, R.23 (HENNEPIN CO. C.I.M.) N88°5213211W 2616.21 ton, Cj,l SHEET 1 OF 4 SHEETS r --- 1\ I N Lai L%rx Lj�o O =�Q O W WNLb ~ U O 0 LL% H Z O N JCCU HQ'= �a� zo �a co 0o o0 N (V 0 co oo Z JLM PER TORRENS CASE NO. 17158 92.06 r 512°51' 51 E 114•B' cd oo co oks SuR, cF --� SATHRF-RFRGQUIST INC;.. LY LL' a v z W LaA N Q W U O Ln W z z W J � �o ct za i / • WET LAND I • • I I I / 1 / / / EAST LINE OF THE SOUTHWEST QUARTER OF SEC.21, TWP.118, RGE.23 - PER H.C. SECTION BREAKDOWN r� •- _ EAST LINE OF THE SOUTHWEST QUARTER PER TORRENS CASE NO. 17158 OUTLOT B \ w I co \ 3 a� co W N oI w4- La cP La 11 / WET LAND c) � / \ x \ <\� N/5°5 '06 , /off \ / CjQ3 / WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SEC.21, TWP.118, - RGE.23 PER H.C. SECTION BREAKDOWN WET LAND 732.86 co «, PAP WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER PER TORRENS CASE NO. 17158 • -z Q o • J co J sr? CZ 8\ ON O03.. �\ • I / \ • �P • \ v \ 010 ! i N CD In \CO Oo N (I 0\-3 ems, ^ d (� 1 _ • p6'36g6 N110.37 I W 7'0^ ;M Lc co LO • DEERHILL PRESERVE 1443.54 / \ I \ / �J S09.36 59„ E 72.6r • • / _ - / _ 62 89 „ �/ ' p 1.110002'34 W �\��. )<,,\o �°`o ^0\�`'J - - - - S00°24' 13"W 2631.18 - - - - I I i • 3 No d N CO Z 0 0 1\ N 52.96 • 1 1 1 \ \ \ \ \ WET LAND J \// \ o • WET LAND o O ^A , h CO �/ /11s8°i 3j83 �/ S80 °40'35 °E s / 44.04 \ / • • i • \ 1 -EDGE OF WET LAND- • ! S00°12156"W 316.61 + •_ • Sl3° 0°Dc6��-DRAINAGE AND UTILITY EASEM N00°12112"W 314.51 6°0°� OUT �2 LOT r �o / • oo hh^ ^ /^� � co �; / 27'2s „woo ok �� �'v o^ I45.11 � ° /A, o. h ,\ / \ \ • � / 04° _ � / . S/2°//,33� N W 142.50 �� K c0 N06°43'23HE N 14 028'4l • - 106.21 -' N01° 18'22"E • 15z S08 ° I I'43 E N T 156. 72 NO3°17'08"W 64.76 • 205,54 N08°26'1 , 2 E 200.29 408.54 NO2°35156 "E 439.92 OUTLOT D S00°17131"W 560.67 n- rn 2 co d- Ln N <� • \ ry0 \ P IC IN ,L\� 10 �\6 - `L9. 0\ -�Njl\rno o I m Zc0 �. DRAINAGE AND I � UTILITY EASEMENT / K,N7o. °° A30 1015\ • --' o� 4\\ \\s/per �R6, x(\ �6�' /z5,dp 57 o 6 00'0),FS \ \ 52� g1 02 .03) \\ • �29.51 - - - - S00° 15' 42"W 2622.41 - - - - • • • 1191.32 1836.59 • \ \ / • t 27.14 sR 378.65 \ss. 1 \Fp 997.85 - I = - / / 1 / �iy ��p cF0 WET LAND ‹ R4 N\ fr s \ �oF AFT O /\ o,/\\ 2 \\ 4 °2 \26 63 \ \ 1 NO2°37100"E 199.29 - R=120.00 'r 6=36°23'18° /) R=225.00 76.21 / //A=22°22'09"1 • • . 87.84 I • oo 0 w 0 N 0 r co Z / • I I r O • • I • v� }o 3 0 \ 0 O fr q �qti 60, \s8� TYFq N00'24'14"E 9) S FiyT./� N 158.39 R9 ?630'83 ,33,,w! • I ---��s s� V O • N60 l7� \ Ssr • • • • \�0 2� p0 � DA,D OUTLOT E 5'60, CURVE AND LINE TABLE TAG # LENGTH DELTA RADIUS BEARING/ CHORD BEARING CHORD DISTANCE Cl 37.80 A=72°11'53" 30.00 N77°01'37"E 35.35 C2 41.29 b. 23'39'29" 100.00 S55'02'42"E 41.00 L1 38.90 S30°57'00"E L2 37.83 N62°31'22"E • • 9 • • � V S , r, 3 , %o�' �'o s_� O° 00 va, 19O p • 4 \OO. 01 ���� � 05" 23° 05 32..96 _ I I I I R.T. DOC. NO. C.R. DOC. NO. h N 1,u I N •• INSET A M 30 002 21°E 404.53 `- R�3p0 00 / <1 _. 00 /A) \ �Os �8� O Q, .9g ,3* A 6 s)� i 1s% o/ • I /1 I I / r SEE SHEET 3 OF 4 SHEETS \ / DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: NOT TO SCALE Being 5 feet in width and adjoining lot lines, unless otherwise indicated, and 10 feet in width and adjoining right of way lines, unless otherwise indicated, as shown on the plat. Denotes a 1/2 inch by 14 inch iron pipe set in the ground and marked by License No. 40344 • Denotes a Found Iron Monument Denotes a Found Cast -Iron -Monument The basis for the bearing system is the north line of the Southwest Quarter of Section 21, Township 118 N., Range 23 W., and is assumed to bear North 88 degrees 52 minutes 47 seconds West. SCALE IN FEET SHEET 2 OF 4 SHEETS DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: 51 f NOT TO SCALE i Being 5 feet in width and adjoining lot lines, unless otherwise indicated, and 10 feet in width and adjoining right of way lines, unless otherwise indicated, as shown on the plat. INSET B / / I/ II II p SEE SHEET 2 OF 4 SHEETS 80 40 0 40 80 c v 3o / / / / �•••.. \ 160 SCALE IN FEET / 1 I I I I I I 1 1 / i / f// /� EAST LINE OF THE SOUTHWEST QUARTER OF SEC.21, TWP.118, RGE.23 - PER H.C. SECTION BREAKDOWN I - - - - S00°24' 13"W 2631.18 ---- \ I w / n\ ocv \WET LAND I F cn • \ • F \ o,\ \ \ \ N2o 34 2 Frn ▪ \\ N/ Ns ' » S °33, \ �Fj � \ 44 48 O\ a z 1¢ 1 /LL- S7400 \(Q 8152 z Q N89°02'22"W 1 0 30.00 \ 1 M rio nw ti8 148.47 161.78 OUTLOT F 220• 4; 'J°8�, •00 62- 0 N69 y /36 /6 W N w/ CO l 0 rn op _! OUTLOT E CURVE AND LINE TABLE TAG # LENGTH DELTA RADIUS BEARING/ CHORD BEARING CHORD DISTANCE C3 38.27 A 3'28'51" 630.00 S29'37'47"E 38.27 C4 14.63 ,6,= 1'44'48" 480.00 N68'43'22"W 14.63 C5 34.39 0 19°42'11 " 100.00 S68°17'55"E 34.22 DEERHILL PRESERVE 488.51 619.20 997.85 EAST LINE OF THE SOUTHWEST PER TORRENS CASE NO. 17158 QUARTER -' OUTLOT C WET LAND 527.90 1836.59 645.27 - - - - S00° 15'42"W 2622.41- - - - N00°24' 14"E 339.74 1\108°23'50"\N 347.78 I \ LJ 59.71 A=8°20'40" 1 OUTLOT G A=51°3- 8125" 480 p0' 38„ WEST LINE OF THE EAST HALF OF THE - SOUTHWEST QUARTER OF SEC.21, TWP.118, / RGE.23 PER H.C. SECTION BREAKDOWN 1 WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER PER - - TORRENS CASE NO. 17158 The basis for the bearing system is the north line of the Southwest Quarter of Section 21, Township 118 N., Range 23 W., and is assumed to bear North 88 degrees 52 minutes 47 seconds West. See sheet 2 of 4 sheets W 10a) r0 N �p r7 rn� 00 N T 40 _1 33 LIJ L�J 3 _ NORTH 1/4 CORNER OF / SEC.28, T.118, R.23 (HENNEPIN CO. C.I.M.) ss EAST LINE OF THE NORTHWEST \�_ ! QUARTER OF SEC.28, TWP.118, RGE.23'\* PER H.C. SECTION BREAKDOWN 206.62 40 \ 59.55 / A=6°57148" N00°30'32"E 323.97 l 36.88 /-4°18'46o Dc ja� 0 °08'S6 �, 64 2 9 --JLM PER TORRENS CASE NO. 17158 Denotes a 1/2 inch by 14 inch iron pipe set in the ground and marked by License No. 40344 • Denotes a Found Iron Monument Q Denotes a Found Cast -Iron -Monument .270 50% \off IX • SIX o00 /1/ j›. 7�073 '69 �c< -WET LAND - 94.26 S07°43100"W W w c- 0 M GO l I 613 �\ Sp9043'24 E S 82A �\ /2/ •S/ EAST LINE OF THE NORTHWEST QUARTER PER TORRENS CASE NO. 17158 --N00°34'25"E 2677.33 1107.55 2632.19 N AGE AND �U T I L I T Y / \ / -� WET LAND ------ \ S09°45'3g w 125 -� 92 OUTLOT I g1- \- 5-b E A S03°51'38"E 91•96 .95 \ /� s\ \ < / 1::_ri, / �98silo \ :_ ,i :\\\\ /� \�/�p� 1_, /____/.7 O, \ ° p`�/ /WET L \ D \ / //// // IN \ \ ),� v i/ ,'\14 O r //��\ V 1 1 C EDGE OF WET LA \ ND\ \\ I \ \ / / / J 1 \ 0 1 WET LAND I i i i EDGE OF WET LAND` / /\ IA o / o\ , O \.. i A i` _ W_ 1 V\ .1 /%t-7't0 cAQN / \ J ° \ A0 45, 0.p CS`� o`J�`� <�/ \\ s),,�o 11�\ / 1 _2 222.73 262.68 D,%It 08 1\/I\�J/ V 0 Y D� 'S O C.,4 Lo o o� N 00 O k>` O 4 1 Lt `•7° c0 O r (6 0 s) N OUTLOT H 1231.73 O 0 00 WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST - WEST LINE OF THE NORTHEAST QUARTER OF THE j QUARTER OF SEC. 28, TWP.118, NORTHWEST QU ARTER PER TORRENS CASE NO. 17158 RGE.23 PER H.C. SECTION BREAKDOWN WET LAND j N89°44' 18"W oks SATHRE-BERGQUIST, INC. SEE SHEET 4 OF 4 SHEETS SHEET 3 OF 4 SHEETS The basis for the bearing system is the north line of the Southwest Quarter of Section 21, Township 118 N., Range 23 W., and is assumed to bear North 88 degrees 52 minutes 47 seconds West. See sheet 2 of 4 sheets Denotes a 1/2 inch by 14 inch iron pipe set in the ground and marked by License No. 40344 • Denotes a Found Iron Monument QDcnotcs a Found Cast -Iron -Monument (xxx) Bearings shown thus are per deed 100 50 0 50 100 200 .. • • • SCALE IN FEET i :71- co° Fr2 pp o Lo o CO - - Z d IY U 66 =�c cr ct Z O li-cowpj o N Ct1 a� n Z d d• �Z IC:) U o I � 166 NO n 03 v \\ W IQUI \\ N N ° cfl N C3 c31 c31 do��N •W o VS r \ 'K /\ I \ \ FND. JLM PER NV A TORRENS CASE r_ A NO. 17158 CURVE AND LINE TABLE TAG # LENGTH DELTA RADIUS BEARING/ CHORD BEARING CHORD DISTANCE C6 9.80 ,L=1 °44'55" 321.11 S33°43'09"E 9.80 L6 53.92 S11 °50'43"E L7 182.06 S49°09'17"W L8 78.47 S34°35'36"E L9 71.63 SO°13'17"W L10 42.46 S88°52'32"E �0RS �7\ sR �o SATHRE-BERGQUIST, INC. DEERHILL PRESERVE INSET C I NORTH LINE OF THE SOUTHWEST I QUARTER OF THE NORTHWEST QUARTER OF SEC.28, TWP.118, RGE.23 PER H.C. SECTION BREAKDOWN I I ,- N89°02'39"W 654.47 - 1 o/ CC' o ic0 W �aQ� 2") 0 co 1.-- Z QUQ(.S Lcl = d QO 41'13'16° 0) si\0) /1 6 Y� /`rR)oS \ st9, ZNo`O \-3N Q� �\-3 </� ru\/ AD 40 AD cry SAT � • X 0 .5tS2 8,, 11/ 2Q 6• 6 240.60 6 S83°48 ill HE 3 N� ro ' O � V) l NORTHWEST CORNER OF THE - \\ SOUTHEAST QUARTER OF THE 1 1\ NORTHWEST QUARTER OF SEC.28 340.86 _ _ MATCH LINE B SEE SHEET 3 OF 4 SHEETS I -�_---------- I I N89°44' 18"W 510.21 / \\ rn N 1 4/• 80 4, 3905 vi Cep s55,�9 w , 60 OQ 6 c, 40 9so4 „E 03. co w w Flg w � ~ ao ao ww� co 00_E a) o' ct _ wI- 1-0 � �<< o W DO =O V) OI- U wcnV) Lu <=OO Q000 wcnZ� 1 306.85 / S89°02'39'E 547.45 / 548.47 DEED / -LINE PARALLEL WITH NORTH LINE OF SOUTHWEST QUARTER OF NORTHWEST QUARTER X' AA \ n / / \// 11(? EAST LINE OF THE SOUTHWEST QUARTER OF - THE NORTHWEST QUARTER O CO M Lri N 3 N 0 Co IN N-10 ti EASTERLY LINE OF -\ / 65,7 H.C.H. NO. 201, �C\ /G PLAT 53, PER C.R. DOC. NO. 4577820 / 04, 9 << \ ��43.14 OUTLOT K \ S89°53' 18"E 448.21 WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER PER TORRENS CASE NO. 17158 co co N, OUTLOT M JLM PER TORRENS CASE NO. 17158 rn • PONT IN THE WEST LINE OF / - - THE SE QUARTER OF THE NW QUARTER, 1140.18 FEET ON,5g'- SOUTH OF THE NW CORNER , •• E obi i HOMESTEAD TRAIL --- (CO. RD NO. 201) O J i CJ� % R / v\ I w �` -N. ( wET FT 4 4N0 °. 6/ 0 7 �gl�l0 7IN 10 C• 286.02 1 \ _ DRAINAGE AND UTILITY EASEMENT `_JLM PER TORRENS CASE NO. 17158 i n�• • • N M Nt• CO / co r r IA 542.11 • • • 30 • /o 0 • I • /~ _, \ \1 \ � / ..,,,___N._____,...,� \- 0) - \`" �, \ - \RP\�PC? '\s E_ i 6 b, 180.23 ✓J \62° N88°53142"E 288.85 • U1 _- _- 392.51 N81°57'29 E • SOUTH LINE OF THE \ � -NORTHEAST QUARTER \\\ ( OF THE NORTHWEST 1 2S QUARTER OF SEC.28, \\ \ STWP.118, RGE.23 \ .\--os-.. _ _ _ _ _ _ �\ POWERLINE EASEMENT jT / \ \`,�., %PER DOC. 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SECTION BREAKDOWN \ I I I \ �g \ /\p,C) rn N CO14) N C N �z ,10 o0 Y �a 1-1-1�CK Cm aZ 00 w cwn = U O = ZW w o- ~ N U_ Lil 00 w t ze J �.- wF- 1 N N m rn 0 d- NORTH LINE OF THE - -SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SEC.28, TWP.118, RGE.23 K Ar-MINI A IVI L_ LJ 1 1 V /-\ n ArNDt\lINI/•^11-\r_- IVI\JI -^ r- / • /-\ N I r\ IVLi A 1-\r\ITI/1NI i-\IJIJ1 1 1\J1 V T I PO A Ar\DK IIN I/•^It1r- re)CD \JI\iVIIV\7"IVL_ -1 6.,6°43"_L" 5s288-7:71:00unTWILI 5TY°2E6A2SEMENT 1 /-V-EDWGEETOF LwAENTD LA5N2.63(0 SOUTH LINE OF THE NORTHWEST _ J QUARTER PER TORRENS CASE NO. 17158 CD -JLM PER TORRENS CASE NO. 17158 SHEET 4 OF 4 SHEETS Exhibit B. Site Plan LJ Site Boundary Reserve Restoration Area - Road and ROW �A Impacted Wetland �i'.'.❖i CRP Nursery Plantings --- Wetland Boundary Stormwater Management Area Wetland Buffer Dry Creek Bed Private Lot Line --- Proposed Trail Proposed Private Trail �. Gathering Area (Private/HOA) Data Sources: - Sathre-Bergquist, Inc. AES Job Number: 14-1069 Filename: Deerhill Preserve_ConsEas_2016-03-10 Date: 03/10/2016 :."1"19 APPLIED i ECOLOGICAL 16114LIji SERVICES 21938 Mushtown Road Prior Lake, MN 55372 952-447-1919 www.appliedeco.com 0 200 400 800 Feet N A Exhibit C. Land Stewardship Plan FINAL LAND STEWARDSHIP PLAN DEERHILL PRESERVE FINAL PLAT Medina, Minnesota Revised May 23, 2016 Prepared for: Property Resources Development Corporation 6851 Flying Cloud Drive, Suite A Eden Prairie, Minnesota 55344 Prepared by: Applied Ecological Services, Inc. 21938 Mushtown Road Prior Lake, Minnesota 55372 (952) 447-1919 ■► �.9t 1i����� APPLIED ECOLOGICAL 1Willi ► indi SERVICES Revised by: Property Resources Development Corporation 6851 Flying Cloud Drive, Suite A Eden Prairie, Minnesota 55344 Final Land Stewardship Plan — Deerhill Preserve Final Plat 1 TABLE OF CONTENTS INTRODUCTION 3-5 Conservation Design 3-4 Land Stewardship Plan 4-6 EXISTING CONDITIONS 6-8 Compilation of Existing Data 6 Field Reconnaissance 7 Findings 7-8 CONSERVATION DESIGN OF DEERHILL PRESERVE 9-11 Development Layout 9-10 Grading & Ecological Stormwater Management 10-11 Cultural Amenities 11 OWNERSHIP, CONSERVATION OBJECTIVES & LAND PROTECTION 11-18 Deerhill Preserve Land Allocation 11 Development Area 11 City Park Land Dedication 12 Conservation Area 12-18 Final Land Stewardship Plan — Deerhill Preserve Final Plat 2 FINAL LAND STEWARDSHIP PLAN DEERHILL PRESERVE FINAL PLAT Medina, Minnesota INTRODUCTION Property Resources Development Corporation (PRDC) proposes to develop a 170-acre farm (the "site") owned by Stonegate Farm, Inc. in Medina, Hennepin County, Minnesota following the City's Conservation Design District (CD) requirements. The Project includes 41 single family sites, and the neighborhood is proposed to be called Deerhill Preserve. The site holds unique and important conservation values based on its regional location and variety of wetland habitats. These values are recognized by PRDC, and its goal is to create a place for the development's residents to live, for the local community to enjoy, and for plants and wildlife to thrive. Conservation Design The proposed development complies with the City of Medina's Conservation Design Development requirements as described in detail in subsequent sections and per City Code Section 827.51. Conservation Design (CD) — Purpose. The purpose of this district is to preserve the City's ecological resources, wildlife corridors, scenic views, and rural character while allowing residential development consistent with the goals and objectives of the City's Comprehensive Plan and Open Space Plan as updated from time to time. The specific conservation objectives of this district are to: 1. Protect the ecological function of native hardwood forests, lakes, streams, and wetlands. 2. Protect moderate to high quality ecologically significant natural areas. 3. Protect opportunities to make ecological connections between parks and other protected lands and ecologically significant natural areas. 4. Protect important viewsheds including scenic road segments. 5. Create public and private trails for citizens to access and enjoy Open Space resources. 6. Create public and private Open Space for citizens to access and enjoy Open Space resources. City Code Section 827.57 defines Conservation Area and Conservation Easement Conservation design typically follows a process that begins with the identification of primary Conservation Areas (i.e., areas that generally should not be affected by development) and secondary Conservation Areas (i.e., areas that should be avoided or protected where feasible). (See page 12 for definition of Conservation Area and Conservation Easement) Final Land Stewardship Plan — Deerhill Preserve Final Plat 3 Primary Conservation Areas typically contain: larger blocks of core wildlife habitat ecologically significant natural areas, usually with native plant communities legally -protected natural areas, such as wetlands and Conservation Easements steep slopes (>18% per Medina City Code) land within the 100-year floodplain other rare natural features, including rare species Secondary Conservation Areas often contain: former wetlands and intermittent drainageways, often with hydric soils, which present challenges for development steep slopes that may be prone to erosion semi -natural areas, which are damaged ecosystems or lack native vegetation, but support some wildlife ecological connections providing movement corridors for wildlife buffer zones to protect primary Conservation Areas and sensitive natural resources such as wetlands and aquatic ecosystems valued cultural/historical features scenic viewsheds Site development is focused in the remaining areas, with impingement on primary and secondary Conservation Areas first avoided, then minimized if impacts cannot be avoided, and lastly mitigated. Mitigation can take the form of regulated wetland mitigation, as well as ecological restoration, enhancement, and management of the site's Conservation Areas. Creating and managing diverse and healthy plant communities dominated by native species (including those associated with a naturalized stormwater treatment train) provides value to the development and can be enhanced further by incorporating trails and other amenities into the development to educate and engage residents. Conservation developments should also be designed with minimal grading, naturalized stormwater management, and public and private access in mind. Preservation of existing drainage divides and use of existing drainage patterns will reduce grading costs and take advantage of the site's unique landforms. Where feasible, well -drained soils should be identified and incorporated into naturalized infiltration systems to help manage the development's stormwater runoff. Trails and interpretive opportunities, if applicable, will benefit both residents and the local community. Land Stewardship Plan Per City of Medina Code Section 827.65, a Land Stewardship Plan (LSP) is required for the Deerhill Preserve project. A LSP addresses the development, long-term use, maintenance, and insurance of the Conservation Area associated with a proposed development. More specifically, this Final LSP: (a) Defines ownership and methods of land protection. (b) Establishes necessary regular and periodic operation and maintenance responsibilities. (c) Estimates staffing needs, insurance requirements, and other costs associated with plan implementation and defines the means for funding the same on an on -going basis. This Final Land Stewardship Plan — Deerhill Preserve Final Plat 4 includes land management fees necessary to fund monitoring and management of the Conservation Easement by the easement holder. The fees have been found reasonable by the proposed easement holder. (d) Addresses the requirements of the future Conservation Easement holder. The following Final Land Stewardship Plan applies to the entire area contained within the Conservation Easement, unless otherwise stated. PRDC intends to develop the residential lots in Phases and/or Additions, with final plat of each Phase or Addition occurring as dictated by the market. Amendments or Changes to LSP PRDC intends to install and implement the planting and management plan as detailed within subsequent sections of this document, and is hopeful that the short -grass prairie /meadow plantings will be successful. However, as identified in the Existing Conditions section, the pre -settlement vegetation on the site was big woods, and prairie/meadow grasses were not native to the site. As a result, PRDC is not sure how the site will respond to the prairie/meadow planting or how extensive or reasonable the resulting maintenance and management program might be to achieve a certain level of success. Several years ago the site was planted with a prairie mix which was classified and ranked using the Minnesota Land Cover Classification System (MLCCS) as a C/D. It is PRDC's hope that the proposed planting and management plan for the site, in the initial implementation phase, will achieve the classification level and condition defined as the Baseline Restoration Condition at page 17, and then be maintained and managed reasonably to that same level into perpetuity. If it appears that aspects of this LSP are factually incorrect or that procedures set forth in this LSP do not promote the ecological enhancement of the Conservation Area as predicted, or that such procedures are outdated, unfeasible or superseded by newer technological or scientific procedures or determinations, then PRDC (HOA), the City and the MCWD may by written agreement amend the LSP. Restoration after Construction Related Activities It should be noted that construction activities may temporarily impact portions of the Conservation Area as development progresses through the site. The following summary generally describes how PRDC anticipates coordinating site development and restoration activities (somewhat) concurrently: In summer of 2016, PRDC anticipates the commencement of site development activity and the construction of the main road (Deer Hill Road) to serve 41 residential lots. PRDC plans to begin restoration efforts in the Conservation Easement during June 2016 with an initial application of a glyphosate-based herbicide or other broad-spectrum systemic herbicide to remove any active weeds. During the growing season aggressive perennial weeds will be spot treated and a second application of herbicide will be applied during late October. Approximately 2 weeks later, during mid -November, the Restoration Area will be planted with the predominantly native seed mixes similar to those attached in Exhibit 3: Seed Mix Tables using a no -till drill. This level of site preparation to control weeds, seeding consistent with Exhibit 2, and follow-up weed management is intended to achieve the Baseline Restoration Condition as defined on Page 17. Staging areas along the main road will be constructed to accommodate construction traffic and other activities, and may temporarily impact portions of the Conservation Area. Once a Final Land Stewardship Plan — Deerhill Preserve Final Plat 5 staging area is no longer needed, or because a phase has been fully developed, PRDC will remove the staging area and correct any damage in the Conservation Area to achieve the Baseline Restoration Condition. Construction of the private cul-de-sacs is not a part of the first phase of development, and therefore, when construction of these roadways commences there may be impact to portions of the adjacent Conservation Area. Once construction is complete, and the phase has been fully developed, PRDC will correct any damage to the Conservation Area to achieve the Baseline Restoration Condition. Utilities, including secondary septic sites, may be constructed as part of the development of the residential lots. Any construction activities that damage a Conservation Area will be corrected to achieve the Baseline Restoration Condition once construction is completed. Mining of soil or rock may occur in the Conservation Area during development of the site and may impact portions of the Conservation Area. This disturbance will be corrected to achieve the Baseline Restoration Condition. PRDC will begin the appropriate restoration activities within the Restoration Areas during the first phase of development, as recommended by the contracted ecologist. Any other land disturbance, not identified above, occurring with the development of successive phases will be corrected to achieve the Baseline Restoration Condition. The following sections address the required elements of the LSP. EXISTING CONDITIONS Compilation of Existing Data The following existing data were compiled and reviewed to assess the natural, cultural, historic, and scenic character of the site and its surroundings: MnDNR Ecological Classification System MnDNR Minor Watershed boundaries Minnesota Pollution Control Agency (MPCA)-listed Impaired Waters Web Soil Survey (SSURGO Soil Survey data from USDA/NRCS) Original Vegetation of Minnesota (pre -European vegetation mapping by Marshner/MnDNR) MnDNR Rare Natural Features (from the Natural Heritage Information System, NHIS) MnDNR Native Plant Communities (NPC) MnDNR Sites of Biological Significance (SBS) Regionally Significant Ecological Areas (RSEA) — both original mapping and 2008 update MnDNR Regional Ecological Corridors — based on 2008 MLCCS data Metro Conservation Corridors 2030 Framework Regional Natural Resource Areas Hennepin County Open Space Corridors and Priority Natural Resources Corridors Minnehaha Creek Watershed District (MCWD) wetland mapping MCWD Key Conservation Area mapping Final Land Stewardship Plan — Deerhill Preserve Final Plat 6 Restoration Prioritization and Prediction Model (RePP) Public conservation lands (e.g., public parks, Scientific and Natural Area (SNA), Wildlife Management Area (WMA)) Historical and current aerial photographs (oldest 1937; most current 2013) Minnesota Land Cover Classification System (MLCCS) mapping (based on discrete datasets from 2001, 2005, and 2008) Wetlands (including delineated site wetlands, Hennepin County Wetland Inventory, and MCWD Functional Assessment of Wetlands (FAW)) City of Medina Open Space Plan (2007) Site parcel boundaries Topographic contours (2-ft LiDAR data) and digital elevation model (DEM) Minnesota Historical Society database report Field Reconnaissance On September 19, 2014, Kim Chapman (Principal Ecologist) and Douglas Mensing (Senior Ecologist) of AES conducted a field reconnaissance of the site. Accompanied by members of the development team, they walked the site and documented existing conditions (including landforms, slopes, plant species, wildlife observations, drainage patters, erosion, etc.). In brief, the site was dominated by fallow agricultural fields, with a variety of wetlands generally consistent with the findings of others. Moderate slopes were observed in the southern portion of the site, and steep slopes were observed on the southwestern edge where the site borders Homestead Trail. Findings Ecological Context According to Minnesota's Ecological Classification System, the site is located in Minnesota's Big Woods Subsection of the Minnesota & NE Iowa Morainal Section, of the Eastern Broadleaf Forest Province. The site is within the Painter Creek Minor Watershed, which drains into Lake Minnetonka (several bays of which are listed by the MPCA as "impaired"), then into the Minnehaha Creek and eventually the Mississippi River. Moderate slopes (<18%) exist in the southern portion of the site. Site soils consist of a variety of upland and wetland (i.e., hydric) soils, ranging from well drained to very poorly drained. A large area of poorly drained soil is mapped just south of the site's center. On -site geotechnical investigations (including percolation tests) by others indicate that some of the USDA/NRCS soil mapping of the site may be inaccurate. Prior to European settlement, the majority of the site was dominated by Big Woods (e.g., oak, maple, basswood, hickory, elm). The northern portion of the site contained Tamarack Swamp, and low-lying drainageways likely contained wet prairie, wet meadow, and possibly marsh. Regional Ecological Significance Based on MnDNR Natural Heritage Information System (NHIS) records, the only rare natural feature recorded on the site is the Tamarack Swamp (a MnDNR-mapped Native Plant Community). This swamp is a sensitive wetland type, susceptible to degradation resulting from invasive species, stormwater runoff, and hydrologic alterations. Regarding other rare natural features, red -shouldered hawk (State -listed Species of Special Concern) was observed just east of the site as recently as 2007. Final Land Stewardship Plan — Deerhill Preserve Final Plat 7 The site's Tamarack Swamp was identified by multiple sources as a regionally significant ecological feature, habitat, or corridor. Several of these ecological classifications (including several derived from MLCCS data, such as the City of Medina's Open Space Plan "Composite" map) encompass the majority of the site; we believe this is due to the former Conservation Reserve Program (CRP) planting that contained prairie grasses, which was then replaced by cropland after CRP contract expiration in 2007. Baker Park Reserve, managed by Three Rivers Park District, lies immediately southwest of the site. This 2,700 acre Regional Park is one of the largest parks and natural areas in Hennepin County. Cultural/Historical/Scenic Significance The Minnesota State Historic Preservation Office (SHPO) database search did not identify cultural/historical resources on the site. The only structure known to have existed on the site is a barn, which is still present on the southwest edge of the property. The majority of the site has been in agricultural production since at least 1937 (see Aerial Photography Review, below). The Minnesota SHPO database report acquired for the site (Appendix A) identified two records in the site vicinity. 1. House (3050 Highway 6) — located approximately 850 feet southwest of the site 2. Barn (2885 6th Ave. N.) — located approximately 950 feet south of the site The site encompasses part of an elevated landform (a flat-topped ridge), which extends onto the site from the east, just south of its center. With slopes falling to the north, south, and west, this plateau provides spectacular scenic views of the Tamarack Swamp (north), wetlands and rural landscapes (south), and the wetlands and parkland of Baker Park Reserve (west). Views of the site from surrounding areas are generally limited due to topography, distance from nearby roads, and vegetative screening. The site is partly visible heading north from CR 6 and Homestead Trail. The proposed entrance road and the first few lots will be visible from this vantage point because the topography rises here. Aerial Photograph Review The earliest available aerial photograph of the site was from 1937. The photo shows the majority of the site in row crop agriculture (not including the Tamarack Swamp). A review of more recent aerial photos from the early 1990s through 2013 indicates that the majority of the site consisted of row crop agricultural fields through at least 1997. The Tamarack Swamp and several apparent lowlands and drainageways were not cultivated. By 2000, the majority of the cropland appeared to consist of grassland, which is consistent with CRP contract records. Then by 2009, these areas appeared to again be in row crop production, which seems to have continued through the 2013 photo. Agricultural Records Conservation Reserve Program (CRP) records indicate that the approximately 107 acres south of the Tamarack Swamp consisted of a CRP grassland planting from October 1997 to September 30, 2007; these records are consistent with the term of the CRP contract and reviewed aerial imagery. According to property records, there was also an Ag Preserve Covenant on approximately 160 acres of the property; this covenant expired on September 15, 2008. Land Cover dam' Wetlands The Minnesota Land Cover Classification System (MLCCS) was developed in the late 1990s but was not released until approximately 2001. The City of Medina was one of the first areas mapped as part of the pilot program, with MLCCS field work conducted in 1999. This initial land cover mapping Final Land Stewardship Plan — Deerhill Preserve Final Plat 8 identified site features such as the Tamarack Swamp in the north, a sliver of Maple Basswood Forest and Lowland Hardwood Forest along the east property line, low-lying areas of non-native vegetation (likely reed canary grass swales and depressions), planted crops, and an area of planted mesic prairie. Since then, MLCCS mapping updates were conducted. The latest update, however, based on 2007 field work, is not representative of the site's current land cover. In 2007, an approved wetland delineation of the entire site identified 15 wetlands totaling 41.5 acres. Most of this wetland area consisted of the Tamarack Swamp in the northern portion of the site. Several smaller wetlands were delineated at the eastern edge and in the central and southern portions of the site. In 2011, three wetlands (totaling approximately 30.85 acres) were identified and delineated on the northern 80 acres of the site; this northern delineation was approved in the spring of 2012. A wetland delineation of the southern 90 acres of the site was approved on November 9, 2015, which identified 11 wetlands (totaling approximately 5.1 acres). CONSERVATION DESIGN OF DEERHILL PRESERVE Development Layout The conservation design approach described in the Introduction was applied to the Deerhill Preserve site. The development team (including planner, landscape architect, engineer, and ecologist) worked together to identify and respond to the site's unique attributes and sensitive natural features. AES identified primary and secondary Conservation Areas, appropriate ecological buffers, and ecological corridors/connections. These Conservation Areas were avoided to the extent feasible when siting the development's roads and residential lots, and they have been thoughtfully integrated into the development's design, establishing a connected network of predominantly native landscapes. The Deerhill Preserve site design also followed the Better Site Design/Low Impact Development (LID) practices of the Minnesota Stormwater Manual from the Minnesota Pollution Control Agency (MPCA). The Deerhill Preserve conservation development design incorporated all of the MPCA's "better site design techniques" listed below, except where noted: Preserve natural areas Natural area conservation Site reforestation Stream and shoreline buffers (the site lacks streams and lakes, but the design incorporates ecological buffers around all wetlands) Open space design Disconnect and distribute runoff Soil compost amendments (these may be incorporated into final design of stormwater management elements) Disconnect surface impervious cover Rooftop disconnection Grass channels Stormwater landscaping Narrower streets (private roads) Reduce impervious cover in site design Final Land Stewardship Plan — Deerhill Preserve Final Plat 9 Narrower sidewalks (no sidewalks are proposed; all trails will be natural surface) Smaller cul-de-sacs The proposed conservation development plan will remove no native forest and will preserve and buffer the existing Maple -Basswood Forest at the east edge of the site. Virtually no development is proposed along the entire east edge of the site, which creates and enhances a potential ecological corridor between the Tamarack Swamp in the north and the wetland complex to the south. The on - site portion of this corridor will have a minimum width of 150 feet and average over 350 feet wide along the developed portion of the site. Although some home sites are present nearby off site to the east, the functional corridor is wider still. Three small wetlands and a portion of a fourth wetland will be impacted by the proposed development; these total approximately 24,829 square feet, or 0.57 acres (0.17 acres of impacted wetlands are located in the City of Orono, but will be mitigated for on the Medina site). Today, however, these wetlands are primarily cropland —tilled, temporarily flooded depressions providing limited functions and values. Impacted wetlands will be mitigated on site through the restoration and enhancement of at least 1.14 additional acres of high quality wetlands integrated into the site's mosaic of restored/enhanced plant communities. In addition to wetland mitigation requirements, another 1.86 acres of wetlands will be integrated into the development plan. This exceeds the minimum replacement standards for proposed wetland impacts. Grading and Ecological Stormwater Management Site grading and disturbance has been minimized to the extent feasible, retaining natural drainage patterns. AES worked with the design team to capitalize on opportunities for ecological stormwater management in order to minimize runoff and to see that any water reaching wetlands or leaving the site is of high quality. Impervious surfaces have been minimized by limiting the development's private road widths to 22 feet, reducing the diameter of cul-de-sacs, eliminating sidewalks, and using only natural -surface trails. Private lots will be required to route rooftop, driveway, and parking area runoff to designated stormwater management features or to areas of permanent vegetation. Ecological stormwater management elements incorporated into Deerhill Preserve's conservation design include: restored landscapes dominated by native vegetation, which will infiltrate runoff ; treatment wetlands (including infiltration basins and ponds), which remove pollutants and store flood pulses; other infiltration areas (e.g., prairies/meadows), which reduce runoff volume and recharge shallow groundwater, which provides baseflow to downhill water bodies and wetlands; a dry creek bed, which provides additional pollution removal and aerates the water; and vegetated swales, which filter pollutants out of runoff and also infiltrate to shallow groundwater Cultural Amenities & Access Trails were designed to provide public and private access to and through the site's Restoration and Reserve Areas. However, extensive trails were excluded from the Tamarack Swamp and other sensitive natural areas that provide refuge for sensitive wildlife. Final Land Stewardship Plan — Deerhill Preserve Final Plat 10 The site has very little frontage on adjacent scenic roadways, and is not highly visible from adjacent properties, with some limited exceptions. The site does contain significant topographic changes, given the plateau at the center of the site. The plateau slopes downward to the north, south, and west from this high point. Although a slight topographic high bisects the site approximately at the Deer Hill Road right-of-way, the setback of over 850 feet from adjacent roadways and properties will make structures here at most only intermittently visible from the surroundings. Additionally, this area is well buffered by vegetation and other residential home sites on Homestead Trail. Traveling north on Homestead Trail from CR-6, some homes on the site will be visible, but the proposed landscaping will soften the viewshed from the west. OWNERSHIP, CONSERVATION OBJECTIVES & LAND PROTECTION Deerhill Preserve Land Allocation The Deerhill Preserve Final Plat addresses a 170-acre Conservation Design Subdivision. The proposed development plan calls for a variety of Development Areas and Conservation Areas, as illustrated in Figure 1 below and in Exhibit 1 (attached). Figure 1. Deerhill Preserve Land Allocation Development Area (80 ac) Roads & ROW (8 ac) Private Lots (72 ac) Development Area Deerhill Preserve Site (171 ac) I City Park Land Dedication (2 ac) Conservation Area (89 ac) Reserve (48 ac) Wetland Forest Restoration Area (41 ac) Prairie/ Savanna Wetland Areas not included in the Land Stewardship Plan Deerhill Preserve's approximately 80 acres of Development Area includes roads, rights -of -way (ROW), and private lots. The main road through the Deerhill Preserve subdivision will be public (owned and maintained by the City of Medina), and the two cul-de-sacs are planned to be privately owned and managed by the Deerhill Preserve Homeowners Association (HOA). Private lots will be owned and maintained by PRDC until the lots are purchased by homeowners. Final Land Stewardship Plan — Deerhill Preserve Final Plat 11 City Park Land Dedication Approximately 2 acres of land will be dedicated to the City to fulfill a portion of the City's park dedication requirements. This property will be deeded to the City at Final Plat and will not be a part of the Conservation Area or the Development Area. Additionally, public trails are planned within the Conservation Area and the corresponding acreage is included within the Conservation Area identified in Figure 1. Conservation Area The City of Medina defines Conservation Area as: Designated land within a Conservation Design Subdivision that contributes towards achievement of one or more of the conservation objectives. A Conservation Easement is placed on Conservation Areas to permanently restrict the Conservation Area from future development. Conservation Areas may be used for preservation of ecological resources, habitat corridors, passive recreation, and for pasture, hay cropping and other low impact agricultural uses. And, the City of Medina defines Conservation Easement as: As defined in Minnesota Statutes, Chapter 84C: A nonpossessory interest of a holder in real property imposing limitations or a�rmative obligations the pmposes of which include retaining or protecting natural, scenic, or open -space values of real properg, assuring its availability for agricultural, forest, recreational, or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real properly. The approximately 89 acres of Conservation Area (CA) in the Deerhill Preserve subdivision will be protected under a Conservation Easement that will be held by the Minnehaha Creek Watershed District (MCWD), with the HOA retaining ownership of the CA. The CA will consist of approximately 48 acres of Reserve and approximately 41 acres of Restoration Area. Each of these areas is discussed below in terms of ownership, objectives, proposed restoration/enhancement, land protection methods, scheduling, funding, and enforcement. The Reserve The Reserve will consist primarily of existing wetlands (including the Tamarack Swamp) and forests (including Maple -Basswood Forest). Ownership & Objectives The areas identified on Exhibit 1 as "Reserve" will be transferred to the Deerhill Preserve HOA (Owner) as lot sales occur. The edges of these areas will be marked clearly in the field with permanent MCWD conservation signage. The overarching objective for the Reserve is to retain or improve the existing natural resource values and ecosystem functions of these areas. Proposed Landscape Conditions Final Land Stewardship Plan — Deerhill Preserve Final Plat 12 The Reserve areas will remain much as they are today, however, the Owner and/or MCWD may conduct ecological enhancement or management activities to improve their ecosystem functions in the future. CRP/Nursery Plantings The Reserve areas contain the "CRP Nursery Plantings" identified on Exhibits 1 and 2. This overlay designates areas that were planted with trees and shrubs by the Owner as a part of a Conservation Reserve Program (CRP) contract, and are now protected with a nursery license. PRDC may or may not relocate and remove these plantings over time, and if such plantings are removed, the disturbed areas will be restored using a seed mixture similar to the area disturbed and appropriate to the site. Stonegate Farm, Inc.'s records indicate that the nursery plantings included: Black Hills Spruce, White Spruce, Colorado Spruce, Scotch Pine, Lonicera X Honeyrose, Red Oak, Bur Oak, Green Ash, Black Walnut, Austrian Pine, and Ponderosa Pine. Land Protection Methods & Schedule The Reserve will be protected by the Conservation Easement, which will be held by the MCWD. Per the easement requirements, the MCWD will perform, at a minimum, annual monitoring inspections of the easement to assure compliance with the easement. No schedule is proposed for ecological enhancement or management activities within the Reserve; however, these predominantly wetland and forest areas will benefit from the restoration and management activities that will occur in the Restoration Area. Land Protection Funding Through its holding of the Conservation Easement, the MCWD has accepted responsibility for funding perpetual monitoring of the easement. Ecological enhancement or ongoing management is not scheduled for the Reserve; therefore, initial land protection funding is not required for this area. Over time the HOA may consider ecological enhancement or management activities in the Reserve and would budget for such activities by incorporation into the stewardship fund as established within the Restoration Area. Land Protection Enforcement Because the Reserve is covered by the MCWD-held Conservation Easement, all easement requirements will be monitored by the MCWD, and the MCWD will inform the HOA of any violations and direct the HOA to take prompt action to resolve any issues. In the event of a violation, MCWD in coordination with the City will provide written notice to the HOA (fee holder) detailing the violation and identifying the proper corrective action. In the event the violation is not addressed in a timely manner (typically within one month), the MCWD and the City shall independently have the right to enter the premises and take the needed corrective actions, with the costs of such corrective actions being assessed against the fee holder of such area or, as necessary, fairly and equitably against homeowner properties. Restoration Area Restoration Areas will consist primarily of prairie/meadow, savanna (opportunity to develop over time), and wetlands. These areas will be actively restored or enhanced as diverse, predominantly native plant communities. Final Land Stewardship Plan — Deerhill Preserve Final Plat 13 Ownership & Objectives The areas identified on Exhibit 1 as "Restoration Area" will be transferred to the Deerhill Preserve HOA as lot sales occur. The edges of these areas will be marked clearly in the field with permanent MCWD conservation signage. The objectives for the site's Restoration Area are: 1. Convert agricultural fields and degraded wetlands to relatively large blocks of predominantly native habitat (primarily prairie/meadow, savanna, and wetland) for their ecosystem services and for the enjoyment of residents. The existing agricultural wetlands near the center of the site will be enhanced, restoring a historical wetland complex. 2. Provide naturalized stormwater treatment of the development's runoff through volume, rate, and water quality management. The proposed restored prairies/meadows, savannas, vegetated swales, dry creek bed, infiltration basins and other infiltration areas, and stormwater ponds will promote volume and runoff reduction (through infiltration and other practices, where feasible), rate control, and effective nutrient removal. The stormwater management features will be protected by the Conservation Easement, as well as a City drainage and utility easement. 3. Provide limited, passive recreational gathering areas for residents of Deerhill Preserve to experience and enjoy the site's Conservation Area. 4. Provide a limited, passive recreational, natural surface trail system. This will include private trails for residents of Deerhill Preserve, as well as public trails for the larger community to experience and enjoy the site's Conservation Area. Proposed Landscape Conditions The Deerhill Preserve Restoration Area (currently dominated by agricultural fields) will be actively restored to a mosaic of regionally -appropriate, predominantly native landscapes including prairie/meadow and savanna interspersed with a variety of wetlands (See Exhibit 2). Ecological restoration of these areas will entail eradication of existing, primarily invasive and weedy vegetation, soil preparation, and seeding and planting of appropriate native and non-native species. Implementation costs to complete the prairie establishment effort are estimated at approximately $125,000. The Restoration Area's ecological restoration and enhancement zones are illustrated in Exhibit 1. During the General Plan of Development process, PRDC committed to re -planting the Restoration Area using the prairie "cover crop" (or a comparably diverse seed mix)that was planted on the site from 1997-2007 as part of a Conservation Reserve Program (CRP) contract. PRDC will plant the Restoration Area with tailored seed mixes to restore the area with short grass prairie, wildflower and meadow species, upland buffers and wetlands (Seed Mix attached as Exhibit 3). Seed mixes may be augmented in the future with live plantings, including trees and shrubs in savanna areas, but no schedule has been identified for implementation of these plantings. Existing erosion features in the site's Restoration Area, such as some of the site's existing drainageways, will be re -graded to blend naturally with the surrounding landscape and will be stabilized during restoration/enhancement activities. Land Protection Methods & Schedule PRDC will be responsible for the ecological enhancement, restoration, operations and maintenance of the site's Restoration Area as described in the previous section until such time the fee and title of the Conservation Area is turned over to the Deerhill Preserve HOA. The MCWD will hold a Conservation Easement over this area. Final Land Stewardship Plan — Deerhill Preserve Final Plat 14 Installation and Establishment Period Management This initial stage is the most intensive and costly. Significant effort is often necessary to establish proposed plant community structure in a short period of time. Actions include tasks such as selective woody brush removal, spraying invasive species with herbicide, seeding, and mowing. After invasive plants are removed and predominantly native seed and plants are installed, management within the first three growing seasons is very important. Predominantly native plant communities take time to develop and are low -maintenance —not no -maintenance —landscapes. Therefore, restoration and enhancement, initial establishment maintenance, and perpetual stewardship will be required to sustain the conservation values of these areas. Table 1 summarizes the anticipated three years of initial prairie/meadow and wetland restoration, enhancement, and establishment tasks for the site's Restoration Area. Implementation of Restoration Area A number of tasks must be undertaken in order to establish predominately native plant communities in the Restoration Area. The following sections summarize how PRDC envisions a qualified ecological contractor accomplishing specific restoration and management tasks, as well as what activities are anticipated in each area through 2019. Generally, the Restoration Areas will be planted with native dominated short prairie grasses and fortis which are tailored to the specific conditions of the site. The seed mixtures have been broken into three categories on the attached plan as follows: Mesic Short Prairie, Wet Prairie and Wet Meadow (see Exhibit 2 for the Planting Plan and Exhibit 3 for the proposed seed mixes). The Wet Prairie and Wet Meadow areas will be planted with entirely native seed and will restore the vegetation in the wetlands and upland buffers that were historically farmed. A summary of the activities is provided in the following: a) Site Preparation and Seed Installation During the 2016 growing season an application of a glyphosate-based herbicide or other broad- spectrum systemic herbicide will be applied to the site. This should be done after the weeds emerge and before seed production. This initial application should occur in early to mid June. A crop of spring wheat was planted on the southern 90-acres of the site lying south of the Section line between Sections 21 and 28. Weed control should be aggressive, the site should be monitored, and herbicide applied to persistent weeds as necessary. A final application of herbicide over the site should be scheduled for mid -October. It is anticipated that the seed mixes shall be installed during November 2016 using a no -till drill in the appropriate zones as identified on the attached Exhibit 2. However, the most appropriate method of seeding will be determined by PRDC in consultation with the MCWD after the contractor is selected. PRDC intends to use PLS seed to obtain the desired coverage and germination rates. Maintenance during 2016-2019 Native seeding typically requires several years to establish. Annual and biennial weeds should be controlled by mowing and spot spaying of herbicides within the first three growing seasons. Weeds should be mowed twice during the first two growing seasons and spot treated as necessary. Final Land Stewardship Plan — Deerhill Preserve Final Plat 15 Table 1. Anticipated Tasks and Schedule for Initial Restoration, Enhancement and Establishment General Task Description/Subtask Year 1 (2016) Year 2 (2017) Year 3 (2018) Year 4 (2019) ti acc n K cccccccccccc r red (` re-d e. re• d Seeding Install native and non-native seed (where site prep complete) Weed Control (site prep and control) Broadcast herbicide, spot -spray and/or mow !I Prescribed burn (if used for site prep) I Seeding Install native and non-native seed (where additional site prep was required) Brushing Cut & stump treat invasive woody vegetation Brushing Follow -Up Foliar-spray herbicide for invasive woody _ Prescribed Burn/Haying _vegetation Prescribed burn (where fuel is sufficient and burn warranted) or Haying Ecological Monitoring & Reporting Assess & document site conditions & prepare summary report I Notes: Q = quarter of year Suggested Performance Standards for Restoration and Short -Term Management PRDC will establish performance standards in a contract for the installation and for the initial three year management period. PRDC will consult with the MCWD to arrive at the appropriate contractual performance standards. PRDC will include benchmarks for 2017-2019 which, if not met, will have to be corrected by the contractor. At the end of the three-year establishment phase a site visit and report using the 2008 Minnesota Land Cover Classification System (MLCCS) methodology will be prepared by the HOA's qualified consultant to document the condition of the prairie / meadow installation. The planting will be considered successful if it is ranked as a quality level C or greater based upon the MLCCS Natural Community Element Occurrence Ranking Guidelines A-D continuum. The quality level C ranking will constitute the "Baseline Restoration Condition." Based on this methodology, a "C" ranking describes a moderate condition natural plant community with obvious past disturbance, but still clearly recognizable as a native plant community. The plant community is not dominated by weedy species at any vegetative layer. The report and document created at the end of the three-year establishment phase shall then serve as the guideline to the HOA of how to plan for the maintenance of the Conservation Easement to at least the Baseline Restoration Condition. Perpetual Management Perpetual management will be essential to maintaining the composition, structure, and function of healthy ecosystems throughout the Restoration Area. Perpetual management activities may include activities such as: Control of weeds and invasive vegetation with spot herbicide treatments; Prescribed burning or haying of prairie/meadow, savanna, and wetland areas (when and where appropriate); Final Land Stewardship Plan — Deerhill Preserve Final Plat 16 Remedial or enhancement seeding or planting; and Monitoring and reporting. After achieving initial restoration goals the restoration process shifts to a reduced -intervention, lower -cost perpetual management stage. It is important that the perpetual management program and schedule be flexible and sustainable by PRDC and ultimately the Deerhill Preserve HOA who will take over maintenance and management of these areas. Suggested long-term management tasks are identified and offered as guidance to the Deerhill Preserve HOA. Table 2 presents the suggested perpetual management schedule for the site, and generally addresses activities that may be conducted in any phase of restoration. Table 2. Suggested Perpetual Management Schedule Plant Community Task Repetition Interval, In Years Monitoring & Annual Reporting Weed Control Scheduled Vegetation Disturbance* Remedial Seeding (if needed) Mesic Short Prairie 1 2-3 2-3 3-5 Wet Prairie 1 1-3 2-3 3-5 Wet Meadow 1 1-3 3-5 3-5 No-Mow/Low-Grow 1 1-2 NA 2-4 Notes: Schedule assumes that prescribed burning or haying will be employed as a restoration and management technique. *The Restoration Area should be divided into sections and a schedule established for burning/haying rotations. It is not recommended to burn or hay all of the Restoration Area in a given year. Land Protection Funding Ecological restoration and enhancement requires a substantial initial investment, followed by significantly reduced, but perpetual, annual stewardship costs to address operations and maintenance needs. PRDC will identify and hire a qualified ecological contractor to complete the initial restoration, enhancement, and establishment tasks proposed for the site's Restoration Area. Initial restoration, enhancement, and establishment is anticipated to take approximately three years (Fall 2016-2019) to establish the prairie/meadow (see Table 1). Following initial restoration, enhancement, and establishment (typically the initial three-year period), the average annual perpetual management cost for the entire site's Restoration Area is estimated to be $250-350 per acre. Management staffing will be provided by a qualified ecological contractor selected and compensated by the Deerhill Preserve HOA. Annual HOA dues (paid by Deerhill Preserve residents) will be supplemented by PRDC (as necessary) to establish an escrow account to fund perpetual stewardship, and such account should total no less than $12,300 at any time ($300/ac x 41 ac Restoration Area), and such account shall be fully funded at the onset of the perpetual management period (beginning in 2020). The stewardship account will continue to be funded by annual HOA dues plus a perpetual real-estate transaction fee (estimated at $500 per transaction), which will provide additional funds to the account each time a property within the development is sold. PRDC will prepare HOA Documents including Declaration of Covenants and Restrictions that will provide for the assessment and collection of funds for the ongoing management of the Final Land Stewardship Plan — Deerhill Preserve Final Plat 17 Restoration Area. It will be the responsibility of the HOA, with assistance from their ecological contractor, to determine the necessary maintenance and management activities in a given year, and make the appropriate adjustments to the minimum escrow account balance if necessary. The HOA will have the power to establish an annual budget and be able to enforce the collection of annual dues and the HOA will provide MCWD annual statements of the conservation management accounts as part of their monitoring role. Land Protection Enforcement MCWD staff will conduct annual inspections of the Conservation Easement to document site conditions and to see that the conservation values of the easement are being upheld. In the event that issues or a violation are identified, the MCWD will inform the HOA of the violation and direct the HOA to take prompt action to resolve any issues. PRDC recognizes that in the event that the fee holder of the Conservation Area, or any successor organization thereto, fails to maintain all or any portion of the aforesaid Conservation Area so as to violate the conservation purpose of the easement, the City or the holder of the Conservation Easement (MCWD or its assigns), independently or together, may serve written notice upon such fee holder setting forth the manner in which the fee holder has failed to maintain the aforesaid Conservation Area. Such notice shall set forth the nature of corrections required and the time within which the corrections shall be made. Upon failure to comply within the time specified, the fee holder, or any successor organization, shall be considered in violation of this Final LSP, in which case the City or the holder shall have the right to enter the premises and take the needed corrective actions. The costs of enforcement and corrective actions by the City or holder shall be assessed against the HOA and/or the properties that have the right of enjoyment of the Conservation Area. The HOA will be required to maintain a General Liability insurance policy that will cover the Conservation Area, exclusive of the public trails and public trail easements, owned by the Deerhill Preserve HOA. The MCWD is in agreement with this Final LSP, insurance coverage requirements, perpetual stewardship obligations, and preliminary cost estimates developed for funding of the Conservation Area. CONCLUSION The proposed Deerhill Preserve conservation development complies with the City of Medina's Conservation Design District requirements, and will serve as a model for future conservation developments in the City and region. The implementation and perpetual management of the project —as protected by the MCWD-held Conservation Easement —will result in a high quality development, in which quality homes, valuable community amenities, and enhanced ecological functions all work together and create a beautiful, livable place. Final Land Stewardship Plan — Deerhill Preserve Final Plat 18 Appendix A. Minnesota State Historic Preservation Office Database Report History/Architecture Inventory PROPERTY NAME ADDRESS Twp Range Sec Quarters USGS Report NRHP CEF DOE Inventory Number COUNTY: Hennepin CITY/TOWNSHIP: Orono house 3050 Highway 6 118 23 28 SE -NW -SW Excelsior xx-95-4H HE-ORC-036 barn 2885 6th Ave. N. 118 23 28 SE -NE -SW Orono xx-95-4H HE-ORC-037 Tuesday, February 24, 2015 Exhibit 1. Deerhill Preserve Final Land Stewardship Plan U Site Boundary Reserve Restoration Area MIL Road and ROW f�j, Impacted Wetland CRP Nursery Plantings • •-�-�-i• --- Wetland Boundary Stormwater Management Area Wetland Buffer Dry Creek Bed Private Lot Line Proposed Trail Data Sources: - Sathre-Bergquist, Inc. AES Job Number: 14-1069 Filename: Deerhill Preserve Final LSP 2016-03-10 Date: 03/10/2016 ■ ■■■r-i■ ■ ^nv it A ■ L., .. .2 ■ ■Yli►...Sr■' APPLIED ECOLOGICAL SERVICES 21938 Mushtown Road Prior Lake, MN 55372 952-447-1919 www.appliedeco.com 0 200 400 800 Feet N A Deerhill Preserve Exhibit 2. i Planting Plan Site Boundary (-171 ac) (7 � � / 1 Reserve (-46 ac) -� ,----4 ;♦;♦;♦, CRP Nursery Plantings j/j \l Restoration Areas: \ Mesic Short Prairie (-28 ac) Wet Prairie (-7 ac) Wet Meadow (-3 ac) / lin 7� / Other Site Features: • • .44 I� J �� M., Impacted Wetland 4� ��� Road and ROW 4J r- �•N. ►1 — Wetland Boundary 4 /� ------ Wetland Buffer 44 •. Vie, OUTLOT F -� / 4.., ..:-/ / Dry Creek Bed �. Prlvate Lot Line ♦ ;� �4 .... , t- ---• Proposed Public Trail 4; 1 I `0 ,� 44 I 1 w \ `:'; k 1 k • 1 1 / �/ \ �N— —, ---1 11 / -� I ��i � > V �// (\ / - J I / 1 l l / \— J/ I �� � i � /-- u-------" "7 - ... �`� ) -� l�� � _i / 1 /k j Data Sources. / / - 2013 LMIC WMS Aerial Photography J /// i - Sathre-Bergquist, Inc. i s... V - AES Job Number: 14-1069 Filename: Deerhill Preserve_ERMP_2016-03-17 I �♦ Date: 03/17/16 %i :^rwr71111 I APPLIED IL w A ECOLOGICAL ♦��i �Lthi►..]rll SERVICES 21938 Mushtown Road i;:� Prior Lake, MN 55372 -` ,� f 4"-- 952-447-1919 www.appliedeco.com N 0 200 400 800 A \ � � `\ �/ Feet Mesic Short Prairie/Meadow -Base Mix Exhibit 3: Seed Mixes oz / acre Ibs/ac Botanical Name Common Name Seeds per sq ft 48.00 3.00 Boutelouaw urtipendula Side Oats Grama 6.61 8.00 0.50 Bromusfitalmii Arctic brome 1.47 32.00 2.00 ElymusEii rachycaulus Slender wheatgrass 5.07 40.00 2.50 FestucaCnix Fescue mix 31.57 48.00 3.00 SchizachyriumEN coparium Little bluestem 16.53 8.00 0.50 SporobolusEN eterolepis Prairie dropseed 2.94 8.00 0.50 Chamaecristaffasciculata Partridge pea 0.50 3.00 0.19 Coreopsispalmata Prairie coreopsis 0.69 3.00 0.19 Daleapurpurea Purple prairie clover 1.24 3.50 0.22 EchinaceaEir,Furpurea Broad-leaved purple coneflower 0.53 4.00 0.25 HeliopsisEN elianthoides False sunflower 0.58 2.00 0.13 LiatrisECpycnostachya Prairie blazing star 0.51 1.00 0.06 Monardafistulosa Wild bergamot 1.61 0.50 0.03 PenstemoniDigitalis Beardtongue 1.49 8.00 0.50 Rudbeckiafbirta Black-eyed Susan 5.69 0.75 0.05 SymphyotrichumENaeve Smooth blue aster 0.95 3.00 0.19 Tradescantiatelhiensis Spiderwort 0.55 1.50 0.09 Verbena®tricta Hoary vervain 0.96 2.00 0.13 Zizialiliurea Golden alexanders 0.51 224.25 14.02 DOESINOTOICLUDECCOVERICROP 79.99 184.00 40.25 11.50 graminoids 2.52 forbs 6 13 64.18 15.80 Mesic Short Prairie/Meadow - Outlot F Mix Exhibit 3: Seed Mixes oz / acre Ibs/ac Botanical Name Common Name Seeds per sq ft 40.00 2.5 Boutelouallcurtipendula Side Oats Grama 5.51 8.00 0.50 Bromus0<almii Arctic brome 1.47 32.00 2.00 ElymusEltrachycaulus Slender wheatgrass 5.07 80.00 5.00 Festucallitnix Fescue mix 63.13 40.00 2.50 Schizachyriumascoparium Little bluestem 13.77 12.00 0.75 SporobolusOheterolepis Prairie dropseed 4.41 5.00 0.31 CoreopsisValmata Prairie coreopsis 1.15 6.00 0.38 DaleaVurpurea Purple prairie clover 2.48 8.00 0.50 Echinaceallourpurea Broad-leaved purple coneflower 1.21 5.00 0.31 Liatrislaycnostachya Prairie blazing star 1.26 2.00 0.13 Penstemonlidigitalis Beardtongue 5.97 8.00 0.50 Rudbeckialihirta Black-eyed Susan 5.69 2.00 0.13 SymphyotrichumOlaeve Smooth blue aster 2.53 6.00 0.38 Tradescantiallahiensis Spiderwort 1.10 254.00 15.88 DOESENOTEINCLUDE COVER CROP 114.76 212.00 42.00 13.25 graminoids 2.63 forbs 6 8 93.36 21.39 Wet Prairie Mix Exhibit 3: Seed Mixes oz / acre Ibs/ac Botanical Name Common Name Seeds per sq ft 1.00 0.06 Carextrevior Short beak sedge 0.67 1.00 0.06 Carex[tcoparia Broom sedge 1.93 1.00 0.06 Caroaulpinoidea Fox sedge, Brown fox sedge 2.30 16.00 1.00 Elymuslrachycaulus Slender wheatgrass 2.53 1.50 0.09 Glycerialltriata Fowl manna grass 5.51 0.50 0.03 Juncusaenuis Path rush 11.48 16.00 1.00 PoaUbalustris Fowl bluegrass 47.75 16.00 1.00 Schizachyriumacoparium Little bluestem 5.51 1.00 0.06 Anemonelanadensis Meadow/Canada anemone 0.18 4.00 0.25 AsclepiasIncarnata Swamp milkweed 0.44 1.00 0.06 Eupatoriumq)erfoliatum Common boneset 3.67 0.25 0.02 EuthamialVramimfolia Common grass -leaved goldenrod 2.01 1.00 0.06 Heleniumliutumnale Sneezeweed 2.98 3.00 0.19 LiatrisOycnostachya Prairie blazing star 0.76 0.50 0.03 Lobeliaaiphilitica Great blue lobelia 5.74 1.00 0.06 Physostegia[/irginiana Prairie obedient plant 0.25 1.00 0.06 PycnanthemumNfirginianum Virginia mountain mint 5.05 2.00 0.13 Verbenalastata Blue vervain 4.27 8.00 0.50 ZiziaRtsurea Golden alexanders 2.02 75.75 4.73 DOESNOT INCLUDECCOVERITROP 105.05 53.00 22.75 3.31 graminoids 1.42 forbs 8 11 77.67 27.38 Wet Meadow Mix Exhibit 3: Seed Mixes oz / acre Ibs/ac Botanical Name Common Name Seeds per sq ft 0.50 0.03 Carexlebbii Bebb's sedge 0.39 0.50 0.03 Carextomosa Longhair sedge 0.34 1.00 0.06 Carextipata Owl -fruited sedge 0.78 1.00 0.06 Carexlystericina Bottlebrush sedge 0.69 2.00 0.13 CarexCcoparia Broom sedge 3.86 1.00 0.06 Carexlulpinoidea Fox sedge, Brown fox sedge 2.30 0.25 0.02 EleocharisIbbtusa Blunt spike rush 0.57 8.00 0.50 Elymusarachycaulus Slender wheatgrass 1.27 1.50 0.09 Glyceriaatriata Fowl manna grass 5.51 1.00 0.06 JUncuslenUis Path rush 22.96 16.00 1.00 PoOalustris Fowl bluegrass 47.75 2.00 0.13 Alismaaubcordatum American water plantain 2.75 1.25 0.08 Anemonelanadensis Meadow/Canada anemone 0.23 2.00 0.13 AsclepiasIncarnata Swamp milkweed 0.22 2.00 0.13 Bidensa3ternua Nodding bur marigold 0.96 0.50 0.03 Eupatoriumlberfoliatum Common boneset 1.84 1.00 0.06 Heleniuml butumnale Sneezeweed 2.98 2.00 0.13 Irisaeriscolor Blue flag iris 0.06 0.05 0.00 Lythrumgalatum Winged loosestrife 3.44 0.05 0.00 Mimulusatingens Monkey flower 2.64 1.00 0.06 Physostegialirginiana Prairie obedient plant 0.25 1.00 0.06 Sagittarialllatifolia Broad-leaved duck potato 0.18 1.00 0.06 Verbena[hastata Blue vervain 2.13 4.00 0.25 Zizialburea Golden alexanders 1.01 50.60 3.16 DOESPNOTINCLUDEYOVERITROP 105.13 32.75 17.85 2.05 graminoids 1.12 forbs 11 13 86.41 18.71 MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: June 1, 2016 SUBJ: Planning Department Updates — June 7, 2016 City Council Meeting Land Use Application Review A) Deer Hill Preserve (Stonegate Farms) Final Plat — Property Resources Development Company has requested final plat approval for the Deer Hill Preserve CD-PUD subdivision, formerly known as Stonegate Farms. The first phase of the development is proposed to include 10 lots in the northeast corner of the site, near the current termination of Deerhill Road. The City Council reviewed at the April 5 meeting and directed staff to prepare approval documents after the applicant submits adequate Conservation Easement and Land Stewardship documents. The applicant has now requested that the City construct Deerhill Road through a 429 Assessment process. Staff has begun preparing for this process, including preparation of necessary petition and waiver agreements. B) Just for Kix Site Plan Review, Variance, Lot Combination —45 Highway 55 — Just for Kix has requested approval of a Site Plan Review for construction of an 18,040 square foot building to include a dance studio and retail. The applicant has requested a variance to increase the maximum hardcover in the Elm Creek shoreland overlay district from 25% to 50% and also a lot combination to combine the property annexed from the City of Plymouth. Staff is conducting a preliminary review and the application will be presented to the Planning Commission when complete, potentially at the June 14 meeting. C) Excelsior Group Concept Plan —2120 and 2212 Chippewa Road — The Excelsior Group has requested review of a Concept Plan for development of 87 single family lots west of the proposed Wealshire site. The property is not within the current Staging period and the applicant seeks flexibility to jump ahead one period. Staff is conducting a preliminary review and the application will be presented to the Planning Commission when complete, potentially at the June 14 meeting. D) Jeffrey -Johnson Lot Line Rearrangement and Easement Vacation — 2605 and 2505 Willow Drive — Glenn Jeffrey has requested approval of a rearrangement of the lot line between his and his neighbor's property. The Jeffrey's propane tank is located on the Johnson property. The applicant has also requested to vacate easements adjacent to the lot lines and replace with new easements. Staff is conducting a preliminary review and will present to Council when ready, potentially at the June 21 meeting. E) LeJuene Lot Line Rearrangement — 2782 and 2820 County Road 24 — Larry and Jean LeJeune have requested approval of a rearrangement of lot lines between two parcels they own. Staff is conducting a preliminary review and will present to Council when ready, potentially at the June 21 meeting. F) Clydesdale Marketplace Sign PUD Amendment — northeast corner of Highway 55 and Clydesdale Trail. Clydesdale Marketplace LLC has requested an amendment to the Medina Clydesdale Marketplace PUD in order to allow construction of a monument sign at the northeast corner of Highway 55 and Clydesdale Trail. This sign would replace the sign on top of the large retaining wall and provide additional space for more tenants. The City Council approved at the May 17 meeting and the project will now be closed. G) Wealshire LLC Comp Plan Amendment, Rezoning, Site Plan Review — Wealshire, LLC has requested a site plan review for construction of a 173,000 sf memory care facility. The request also includes a rezoning from RR-UR to Business Park. The Met Council has also approved of the Planning Department Update Page 1 of 2 June 7, 2016 City Council Meeting previous Comp Plan amendment. The City Council granted approval at the May 3 meeting. Staff is working with the applicant on the conditions of approval before construction begins. H) Hamel Brewery, St. Peter and Paul Cemetery, Wright -Hennepin Solar Panels —The City Council has adopted resolutions approving these projects, and staff is assisting the applicants with the conditions of approval in order to complete the projects. I) Woods of Medina, Capital Knoll— These preliminary plats have been approved and staff is awaiting a final plat application J) Bradford Creek, Hamel Haven, Buehler subdivisions — These subdivisions have received final approval. Staff is working with the applicants on the conditions of approval before construction begins. Other Proiects A) Comprehensive Plan — The City held community meetings on May 14 and 16. Attendance was strong, especially on Saturday when the Council Chambers were packed. The Steering Committee met to discuss the feedback from the Community Meetings and continue working on the Land Use Plan. Staff has also provided rough drafts of the Housing and Land Use chapters of the Plan for review by the Steering Committee. B) Cable Expansion Analysis — Planning staff continued assistance with the analysis related to proposed cable construction for 2016. C) DNR Stormwater Reuse Discussion — I attended a focus group regarding the appropriation permit process for stormwater reuse for irrigation purposes. This is an extremely important topic for the City because of our prohibition of using City water for irrigation in new developments. The DNR is looking at establishing a "general permit" for irrigation reuse that would allow the City to regulate the practice instead of requiring a state permit. Planning Department Update Page 2 of 2 June 7, 2016 City Council Meeting MEDINA POLICE DEPARTMENT 600 Clydesdale Trail Medina, MN 55340.9790 p: 763.473-9209 f: 763.473-8858 non -emergency: 763-525-6210 MEMORANDUM Emergency 9.1_1 TO: City Administrator Scott Johnson and City Council FROM: Director Edgar J. Belland DATE: June 3, 2016 RE: Department Updates New Speed Signs Installed On May 31sY our four new digital speed signs were installed by the Medina Public Works Department. The signs are located on Holy Name Drive, Hunter Drive and Hamel Road. The locations were selected based on the complaints we receive from the public. These signs have data collection options that we will be working with for future traffic studies. Our main goal is to slow the traffic down making our community safer. I want to thank the public works crew for getting the signs installed. They did a great job! Crowd Control Training On May 17th and 19th the Lake Minnetonka Emergency Management Group held crowd control training at our facility for approximately 110 officers. All of our officers participated in the training. This was a two hour introduction for our staff to have some basic information in case we are ever asked to assist with a civil unrest situation in the Lakes Area. The training was hands-on put on by Hennepin County training staff. Fire Budget Information We are in the process of collecting the preliminary budget information for the fire departments. The information has been forwarded to Erin for her budget presentation on June 21 st Melissa Robbins Graduates from Hennepin County Reserve Training Class Melissa Robbins, our newest reserve officer, graduated from the Hennepin County Reserve Training class. The class is a 40 hour training course put on by Hennepin County Training Division that covers the basic training for reserve officers. Congratulations, Melissa. Hennepin County Sheriff s Awards Ceremony On May 23rd I attended the Hennepin County Sheriff's Awards Ceremony in Brooklyn Park. The West Metro Drug Taskforce was recognized at the awards ceremony for an extensive investigation which recovered over 40 pounds of cocaine. The taskforce continues to do great work taking drugs out of our communities. Patrol by Sergeant Jason Nelson Training On May 11th and 12th Officer McKinley attended national training in Bloomington put on by Caliber Express. The class was how to overcome critical incidents and keeping your mind right in those incidents. On May 16th and 17th all of our officers attended Civil Unrest training with all of the Lake Area departments. On May 25thwe conducted a department shoot where we went over handgun and rifle skills. Patrol Activities For the dates of May 11 to May 31, 2016, our officers issued 86 citations and 142 warnings for various traffic infractions. There were a total of six driving while impaired arrests, nine traffic accidents, 13 medicals and 14 alarms. On May 16, 2016, Officer McGill took a theft report from Loram. Employees reported that two separate vehicles had their catalytic converters cut off their vehicles while parked in their lot over the weekend. On May 24, 2016, I took a fraud report. Victim reports getting a payday loan on line and then two days later was contacted via text on her phone about qualifying for additional monies. Victim needed the money and allowed the company to direct deposit money into her account with the promise to pay it back in two payments within a month. After the money was put into the account, they contacted the victim again asking money to be wired back to them. The check that was deposited was no good and victim was stopped by a Walmart employee prior to wiring the money. On May 25, 2016, Officer McKinley took a stolen pontoon report. Victim reports having someone drop it off in the parking lot at a body shop and that after a year realized that it was missing. Case was forwarded to Investigations. On May 27, 2016, Officer Boecker responded to a possible underage drinking party. Upon arrival, several underage, uncooperative juveniles were present. With the assistance of stepdad, access was gained and several were issued citations for minor consumption and the owner was issued a citation for social host ordinance violation. On May 27, 2016, I took a report of credit card fraud at Office Max. Caller reports that her credit card was used at Office Max in Medina but that she had her credit card with her. It was discovered that her credit card had been cloned and a suspect made $900 worth of purchases at store closing. Case was forwarded to Investigations. Criminal Investigations by Investigator Charmane Domino Several solicitor applications were received and background checks completed. No issues were found. Several reports of fraudulent credit card use. Parent reported concern after finding online listings for sexual acts posted by their teenaged daughter. Open cases currently under investigation: 11 MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: May 31, 2016 MEETING: June 7, 2016 SUBJECT: Public Works Update STREETS • Assessment numbers were sent out to the residents of the three road projects that will take place this year. I have also met with our asphalt contractor and visited each site to discuss drainage and prep work that will need to be done. • The Sioux Drive turn lane project will get underway the week of June 6th. There will be two closures during the project for about three days each. • PW installed the new solar speed signs in four locations around town. Ed will be evaluating them to see if they help with speeding violations. • Soon we will begin preliminary street work on the overlay projects and seal coating for this year. WATER/SEWER/STORMWATER • The motor in well #4 has burned out and is being replaced the week of the 6th or shortly thereafter. This is our deepest well and our largest to date. We explored several options for its replacement and have ordered a new motor for our existing pump. The total cost estimate for the replacement and installation is around $34,000. The pump has been ordered and is expected next week. With two wells down during the well house #3 project it was urgent to get this ordered ASAP. I did however have engineering look at the proposals from Bergeson Caswell to insure they were in agreement. The City temporarily shut down irrigation to Lennar until we got well #6 back on line. • The well #8 and pumphouse #3 projects are moving along very well. A lot of the piping has been completed and we were able to get well #6 back on line with little effort. • The Consumer Confidence Report for 2015 was sent off to the Department of Health. • Final questions to Hakanson were answered for them to complete the MS4 Report for this year. PARKS/TRAILS • The PW guys spruced up the parks for the Park Tour that took place on May 18th. They did some re -staining on the park signs and also added more mulch to all the plantings in each park. • The Park Tour on Wednesday, May 18th, went well, with another to do list created as we went from park to park. I will recommend that we focus on big picture items instead of housekeeping as we think about next years' tour. • The PW crew has been working with our local metal fabricator and representatives from the Hamel Baseball Association for the new scoreboard. This is a bigger project than I expected, but will see it through as agreed. " WSB is still working on our parking lot plan for Hamel Legion Park. This will be a large project for PW. There will be a lot of grading and prep work for the asphalt and concrete contractors. MISCELLANEOUS " Worked on the PW budget for 2017 - lots of different areas to plan. " Part of the PW crew helped out at City Hall by painting the storage room area, which was not part of the downstairs refurbishment plan. They then helped move all the planning storage items from the original storage room, which will become the bathroom area in the refurbishment, as well as the refrigerator and other items from the lunch room area to make things ready for the final demolition before the construction work begins. Page 2 of 2 ORDER CHECKS MAY 17, 2016 - JUNE 7, 2016 44368 JP SALEA GROUP $150.00 44369 LITVACK, JEFFREY OR NANCY $140.95 44370 MILNE, MICHAEL & BLANCA $260.00 44371 MINNETONKA HOPKINS GYMNASTICS $150.00 44372 OLESKY, RYAN $42.74 44373 PRIMROSE SCHOOL -WEST PLYMOUTH $250.00 44374 CONNIE AARSVOLD $150.00 44375 BASCO,DEBRA $550.00 44376 GREENWOOD ELEMENTARY SCHL PTA $150.00 44377 MICHELE STENDAL $250.00 44378 VIBHAKAR, GIRA $250.00 44379 BRIDGEWATER COMMUNITY ASSOC $250.00 44380 EICHTEN, KRISTIN $800.00 44381 JABBAR, SADIA $225.00 44382 MICHELLE M KOCH $150.00 44383 SEHGAL, PRAVIN & TARUNA $330.00 44384 VOID $0.00 44385 ADAM'S PEST CONTROL INC $75.00 44386 ALDEN POOL & MUNICIPAL SUPPLY $144.75 44387 ALL TRAFFIC SOLUTIONS $27,235.00 44388 ASPEN MILLS INC $365.55 44389 BERGANKDV, LTD $1,200.00 44390 BIFFS INC $728.15 44391 BRYAN ROCK PRODUCTS $1,598.40 44392 BURDAS TOWING $150.00 44393 CARGILL INC $13,553.52 44394 COUNTRYSIDE CAFE $167.16 44395 DESIGNING NATURE, INC $1,536.34 44396 DIAMOND MOWERS INC $311.67 44397 DITTER INC $1,430.86 44398 DPC INDUSTRIES INC $1,069.89 44399 EAST SIDE OIL COMPANIES $37.50 44400 ECM PUBLISHERS INC $292.26 44401 FEHN COMPANIES INC $1,105.50 44402 FIRST STUDENT LOC 1399 $195.76 44403 FLAGSHIP RECREATION LLC $7,396.00 44404 GRAINGER $307.09 44405 GROVE NURSERY CENTER INC $1,550.20 44406 HD SUPPLY WATERWORKS LTD $214.36 44407 HENNEPIN COUNTY ATTORNEYS OFF $9.15 44408 HENN COUNTY TAXPAYER SVCS DEPT $36.22 44409 HIRSHFIELDS $116.97 44410 HOLIDAY FLEET $1,247.85 44411 KENNEDY & GRAVEN CHARTERED $16,619.92 44412 LAW ENFORCEMENT LABOR $392.00 44413 LEXISNEXIS RISK DATA MGMT INC $42.00 44414 MADISON NATIONAL LIFE $629.15 44415 CITY OF MAPLE PLAIN $13.34 44416 MARCO INC $29.21 44417 METRO WEST INSPECTION $13,110.37 44418 MAS MODERN MARKETING INC $161.34 44419 NAPA-GENUINE PARTS CO $3.49 44420 NAPA OF CORCORAN INC $213.11 44421 NELSON AUTO CENTER $26,935.71 44422 NELSON ELECTRIC MOTOR REPAIR $220.00 44423 OFFICE DEPOT $155.58 44424 RANDY'S SANITATION INC $2,258.28 44425 ROLF ERICKSON ENTERPRISES INC $7,637.68 44426 SHERWIN-WILLIAMS CO $25.14 44427 SITEONE LANDSCAPE SUPPLY LLC $275.28 44428 STREICHER'S $53.00 44429 SUN LIFE FINANCIAL $537.90 44430 TEGRETE CORP $1,216.00 44431 VOID $0.00 44432 TITAN MACHINERY $881.57 44433 VARSITY SCOREBOARDS $11,478.49 *PRINTING ERROR *OVERPAYMENT CORRECTION 44434 VESSCO, INC $328.85 44435 MN DVS $362.00 44436 MN DVS $22.75 44437 WESTSIDE WHOLESALE TIRE $25.00 44438 WSB & ASSOCIATES $34,610.75 44439 MARCO INC $49.22 44440 TIMESAVER OFFSITE $223.75 Total Checks $184,684.72 ELECTRONIC PAYMENTS MAY 18, 2016 — JUNE 7, 2016 003665E PR PERA $13,953.64 003666E PR FED/FICA $15,500.58 003667E PR MN Deferred Comp $2,360.00 003668E PR STATE OF MINNESOTA $3,148.70 003669E SELECT ACCOUNT $793.12 003670E CITY OF MEDINA $19.00 003671E FARMERS STATE BANK OF HAMEL $20.00 003672E SELECT ACCOUNT $974.41 003673E VOID $0.00 003674E SELECT ACCOUNT $230.09 003675E DELTA DENTAL $2,604.60 003676E KONICA MINOLTA $168.48 003677E MARCO (LEASE) $1,077.14 003678E MEDIACOM OF MN LLC $355.80 003679E XCEL ENERGY $9,584.77 003680E VALVOLINE FLEET SERVICES $117.44 003681E PR PERA $14,416.46 003682E PR FED/FICA $16,133.75 003683E PR MN Deferred Comp $2,360.00 003684E PR STATE OF MINNESOTA $3,269.84 003685E SELECT ACCOUNT $793.12 003686E CITY OF MEDINA $19.00 003687E FARMERS STATE BANK OF HAMEL $20.00 003688E CIPHER LABORATORIES INC. $4,753.00 003689E SELECT ACCOUNT $3.53 003690E VERIZON WIRELESS $1,199.31 003691E MINNESOTA, STATE OF $1,062.00 003692E FARMERS STATE BANK OF HAMEL $35.00 Total Electronic Checks $94,972.78 PAYROLL DIRECT DEPOSIT MAY 18, 2016 & JUNE 2, 2016 507164 ALTENDORF, JENNIFER L $1,314.63 507165 BARNHART, ERIN A. $1,965.67 507166 BELLAND, EDGAR J $2,537.48 507167 BOECKER, KEVIN D. $2,332.90 507168 CONVERSE, KEITH A $1,907.20 507169 DINGMANN, IVAN W $1,618.96 507170 DOMINO, CHARMANE $1,766.60 507171 ENDE, JOSEPH $1,409.33 507172 FINKE, DUSTIN D. $2,110.20 507173 GALLUP, JODI M $1,667.32 507174 GLEASON, JOHN M. $1,805.75 507175 GREGORY, THOMAS $1,840.69 507176 HALL, DAVID M. $2,010.89 507177 JESSEN, JEREMIAH S $2,060.48 507178 JOHNSON, SCOTT T. $2,380.79 507179 KLAERS, ANNE M $1,116.32 *VENDOR CORRECTION 507180 LANE, LINDA $1,506.21 507181 LEUER, GREGORY J. $2,241.99 507182 MCGILL, CHRISTOPHER R. $1,435.41 507183 MCKINLEY, JOSHUA D $1,328.00 507184 NELSON, JASON $2,221.15 507185 PETERSON, DEBRA A. $1,683.88 507186 REINKING, DEREK M $1,554.25 507187 SCHERER, STEVEN T. $2,259.38 507188 STAPLE, AMANDA $413.37 507189 VIEAU, CECILIA M. $1,114.72 507190 WENANDE, BRANDON S $502.78 507191 ALTENDORF, JENNIFER L $1,314.63 507192 ANDERSON, JOHN G $230.87 507193 BARNHART, ERIN A. $1,965.67 507194 BELLAND, EDGAR J $2,522.48 507195 BOECKER, KEVIN D. $2,080.97 507196 CONVERSE, KEITH A $1,979.17 507197 COUSINEAU, LORIE K. $230.87 507198 DINGMANN, IVAN W $1,515.91 507199 DOMINO, CHARMANE $1,770.60 507200 ENDE, JOSEPH $1,409.33 507201 FINKE, DUSTIN D. $2,110.19 507202 GALLUP, JODI M $1,667.32 507203 GLEASON, JOHN M. $2,114.26 507204 GREGORY, THOMAS $1,903.23 507205 HALL, DAVID M. $2,010.89 507206 JESSEN, JEREMIAH S $1,966.67 507207 JOHNSON, SCOTT T. $2,239.21 507208 KLAERS, ANNE M $1,116.32 507209 LANE, LINDA $1,506.20 507210 LEUER, GREGORY J. $2,110.33 507211 MARTIN, KATHLEEN M $230.87 507212 MCGILL, CHRISTOPHER R $1,810.67 507213 MCKINLEY, JOSHUA D $1,465.56 507214 MITCHELL, ROBERT G. $327.07 507215 NELSON, JASON $2,925.59 507216 PEDERSON, JEFF $221.28 507217 PETERSON, DEBRA A $1,614.14 507218 REINKING, DEREK M $1,554.24 507219 SCHERER, STEVEN T. $2,282.83 507220 STAPLE, AMANDA $355.42 507221 VIEAU, CECILIA M. $1,114.71 507222 WENANDE, BRANDON S $502.78 Total Payroll Direct Deposit $94,276.63 piorldr• argil Creek atershecl hisns,gernenk Commission Join us for a community conversation on Implementing Water Quality Initiatives in the Pioneer -Sarah Creek Watershed Communities of: Greenfield, Independence Loretto, Maple Plain, Medina, Minnetrista Wednesday, June 29 6:00-8:30 p.m. Independence City Hall 1920 County Road 90, Independence ♦ Learn about local lakes and streams and how you can help protect them ♦ Share actions that can improve water quality and answer questions ♦ Learn about upcoming prioritized projects to improve local lakes and streams ♦ Join the conversation - be part of the solution! Registration is requested by Friday, June 24 To register contact: Beverly Love 763-553-1144 blove@jass.biz Brought to you by: Pioneer -Sarah Creek Commission and Minnesota Pollution Control Agency with grant funding from the Clean Water Land and Legacy Amendment For more information visit: http://www.pioneersarahcreek.org/pages/WRAPS/ r CLEAN WATER LAND & LEGACY AMENDMENT piorldr• argil Creek atershecl hisns,gernenk Commission Join us for a community conversation on Implementing Water Quality Initiatives in the Pioneer -Sarah Creek Watershed Communities of: Greenfield, Independence Loretto, Maple Plain, Medina, Minnetrista Wednesday, June 29 6:00-8:30 p.m. Independence City Hall 1920 County Road 90, Independence ♦ Learn about local lakes and streams and how you can help protect them ♦ Share actions that can improve water quality and answer questions ♦ Learn about upcoming prioritized projects to improve local lakes and streams ♦ Join the conversation - be part of the solution! Registration is requested by Friday, June 24 To register contact: Beverly Love 763-553-1144 blove@jass.biz Brought to you by: Pioneer -Sarah Creek Commission and Minnesota Pollution Control Agency with grant funding from the Clean Water Land and Legacy Amendment For more information visit: http://www.pioneersarahcreek.org/pages/WRAPS/ r CLEAN WATER LAND & LEGACY AMENDMENT