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/ //"
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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
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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.
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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.
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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‘'
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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
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WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER PER - -
TORRENS CASE NO. 17158
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SEE SHEET 4 OF 4 SHEETS
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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
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APPLIED
ECOLOGICAL
SERVICES
21938 Mushtown Road
Prior Lake, MN 55372
952-447-1919
www.appliedeco.com
0 200 400
800
Feet
N
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Deerhill Preserve
Exhibit 2.
i
Planting
Plan
Site Boundary (-171 ac)
(7 �
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1
Reserve (-46 ac)
-�
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;♦;♦;♦,
CRP Nursery Plantings
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Restoration
Areas:
\
Mesic Short Prairie (-28 ac)
Wet Prairie (-7 ac)
Wet Meadow (-3 ac)
/ lin
7�
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Other
Site Features:
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AES Job Number: 14-1069
Filename: Deerhill Preserve_ERMP_2016-03-17
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Date: 03/17/16
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0 200 400 800
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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.
" W S B i s s t i l l w o r k i n g o n o u r p a r k i n g l o t p l a n f o r H a m e l L e g i o n P a r k . T h i s w i l l b e a l a r g e
p r o j e c t f o r P W . T h e r e w i l l b e a l o t o f g r a d i n g a n d p r e p w o r k f o r t h e a s p h a l t a n d c o n c r e t e
c o n t r a c t o r s .
M I S C E L L A N E O U S
" W o r k e d o n t h e P W b u d g e t f o r 2 0 1 7 - l o t s o f d i f f e r e n t a r e a s t o p l a n .
" P a r t o f t h e P W c r e w h e l p e d o u t a t C i t y H a l l b y p a i n t i n g t h e s t o r a g e r o o m a r e a , w h i c h w a s
n o t p a r t o f t h e d o w n s t a i r s r e f u r b i s h m e n t p l a n . T h e y t h e n h e l p e d m o v e a l l t h e p l a n n i n g
s t o r a g e i t e m s f r o m t h e o r i g i n a l s t o r a g e r o o m , w h i c h w i l l b e c o m e t h e b a t h r o o m a r e a i n t h e
r e f u r b i s h m e n t , a s w e l l a s t h e r e f r i g e r a t o r a n d o t h e r i t e m s f r o m t h e l u n c h r o o m a r e a t o
m a k e t h i n g s r e a d y f o r t h e f i n a l d e m o l i t i o n b e f o r e t h e c o n s t r u c t i o n w o r k b e g i n s .
P a g e 2 o f 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