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06.21.2016 City Council Meeting Packet
MEDINA AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, June 21, 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 June 7, 2016 Regular Council Meeting V. CONSENT AGENDA A. Approve Quote from Ditter for Ductless Air Conditioning System in City Council Chambers B. Resolution Appointing Election Judges for the August 9, 2016 Primary Election and the November 8, 2016 General Election C. Resolution Appointing Absentee Ballot Board Election Judges for the August 9, 2016 Primary Election and the November 8, 2016 General Election D. Resolution Recognizing Charmane Domino for 10 Years of Service to the City of Medina E. Resolution Approving Proposed Transfers and Assignment of Fund Reserves F. Call for a Concurrent City Council/Planning Commission Workshop to discuss the draft Comprehensive Plan on August 3, 2016 at 5 p.m. at City Hall G. Approve Proposal for Engineering Services on Pinto Drive Quite Zone Application with TKDA H. Resolution Amending 2016 Appointments and Designations to Various City Services, Authorities, Commissions, and Agencies VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. PRESENTATIONS A. Call for Sale of Bonds — Refunding of 2008A G.O. Bonds — Stacie Kvilvang, Elhers 1. Resolution Providing for Sale of $1,280,000 General Obligation Refunding Bonds; Series 2016A VIII. OLD BUSINESS A. Deerhill Preserve (formerly Stonegate) CD-PUD Final Plat; Right -of -Way Vacation; Deerhill Road Public Improvement Project 1. Resolution Granting Final Plat Approval for Deerhill Preserve 2. Conservation Design — Planned Unit Development Agreement by and between the City of Medina and Property Resources Development Corporation for Deerhill Preserve 3. Resolution Vacating a Portion of the Deerhill Road Right -of -Way Approximately One- half Mile West of Willow Drive 4. Ordinance Establishing the Deerhill Preserve Storm Sewer Improvement Tax District 5. Resolution Authorizing Publication of the Ordinance by Title and Summary 6. Resolution Regarding the 2016 Deerhill Road Extension Project; Accepting the Feasibility Report, Ordering the Improvement Project, Approving Plans and Specifications, and Authorizing the Advertisement for Bids IX. NEW BUSINESS A. Excelsior Group LLC — PUD Concept Plan Review — 2120 and 2212 Chippewa Road B. LeJeune — Lot Line Rearrangement — 2782 and 2820 County Road 24 1. Resolution Approving a Lot Line Rearrangement between 2782 and 2820 Cty Rd 24 Posted 6/17/2016 Page 1 of 2 C. Jeffrey -Johnson Easement Vacation - Public Hearing 1. Resolution Approving the Vacation of Drainage and Utility Easement at 2605Willow Drive X. CITY ADMINISTRATOR REPORT XI. MAYOR & CITY COUNCIL REPORTS XII. APPROVAL TO PAY BILLS XIII. ADJOURN Pasted 6/17/2016 Page 2 of 2 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: June 16, 2016 DATE OF MEETING: June 21, 2016 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve Quote from Ditter for Ductless Air Conditioning System in City Council Chambers — Staff received a low quote of $8,949.00 to install a new Carrier ductless unit for air conditioning. The new system will address the air conditioning issues in the City Council Chambers. Staff recommends approval. See attached quotes. B. Resolution Appointing Election Judges for the August 9, 2016 Primary Election and the November 8, 2016 General Election — Staff recommends approval of the attached resolution appointing our 2016 election judges. See attached resolution. C. Resolution Appointing Absentee Ballot Board Election Judges for the August 9, 2016 Primary Election and the November 8, 2016 General Election — Staff recommends approval of the attached resolution appointing our 2016 absentee ballot board election judges. See attached resolution. D. Resolution Recognizing Charmane Domino for 10 Years of Service to the City of Medina Charmane Domino was not able to attend the City Council meeting to be recognized for her 10 years of service. Staff recommends approval of the resolution recognizing Charmane Domino for 10 years of service to the City of Medina. See attached resolution. E. Resolution Approving Proposed Transfers and Assignment of Fund Reserves — Staff recommends approval of the resolution transferring and assigning fund reserves. See attached resolution. F. Call for a Concurrent City Council/Planning Commission Workshop to discuss the draft Comprehensive Plan on August 3, 2016 at 5 p.m. at City Hall — Staff recommends calling for a concurrent meeting with the Planning Commission to discuss the draft Comprehensive Plan at 5:00 p.m. No attachments for this item. G. Approve Proposal for Engineering Services on Pinto Drive Quite Zone Application with TKDA — Staff received two quotes for the quite zone application. One quote was received from TKDA who is the engineer working with Hennepin County on the Highway 55/CR 116 intersection project for $7,750. The other quote was received from City Engineer WSB for $7,500. However, TKDA would need to revise the roadway plans for the project if WSB does the work. The cost estimate to revise the plans is $516, which would make WSB's total $8,016. Staff recommends approval of the TKDA quote of $7,750. See attached proposals. H. Approve Resolution for Updated 2016 Appointments - Council Member Jeff Pederson has resigned as the Public Safety Liaison. Council Member Kathy Martin has agreed to take over the Public Safety Liaison duties. It is proposed that Council Member Jeff Pederson would take over her Public Works Liaison responsibilities. The proposed changes are in red on the revised list. Staff recommends approval. See attached revised list and resolution. VII. PRESENTATIONS A. Call for Sale of Bonds — Refunding of 2008A G.O. Bonds — Stacie Kvilvang with Elhers will be present at the meeting to call for the sale of bonds to discuss the refunding opportunity at a lower interest rate for the City. See attached resolution and report. 1. Recommended Motion: Approve resolution providing for sale of $1,280, 000 General Obligation Refunding Bonds; Series 2016A VIII. OLD BUSINESS A. Deerhill Preserve (formerly Stonegate) CD-PUD Final Plat; Right -of -Way Vacation; Deerhill Road Public Improvement Project — On October 6, 2015, the City Council granted preliminary approval to Property Resources Development Corporation for the Stonegate Conservation Design -Planned Unit Development (CD-PUD). On that date, the Council adopted Ordinance 588 and Resolution 2015-85, granting preliminary plat approval and approving the CD-PUD rezoning subject to a number of conditions. The approved preliminary plat included 41 single family homes and approximately 90 acres of permanent conservation area to be protected with a conservation easement. The applicant has now requested final approval of the plat. The applicant proposes to develop the property in phases, with this initial plat including 10 of the single family lots on the northeast portion of the site. See attached report and resolutions. Recommended Motion # 1: Motion to adopt the resolution granting final plat approval for Deerhill Preserve 2 Recommended Motion # 2: Motion to approve the conservation design - planned unit development agreement by and between the City of Medina and Property Resources Development Corporation for Deerhill Preserve Recommended Motion # 3: Motion to adopt the resolution vacating a portion of the Deerhill Road right-of-way approximately one-half mile west of Willow Drive Recommended Motion # 4: Motion to adopt the ordinance establishing the Deerhill Preserve Storm Sewer Improvement Tax District Recommended Motion # 5: Motion to adopt the resolution authorizing the publication of the Deerhill Preserve Storm Sewer Improvement Tax District by title and summary Recommended Motion # 6: Motion to adopt the resolution regarding the 2016 Deerhill Road Extension public improvement project IX. NEW BUSINESS A. Excelsior Group LLC — PUD Concept Plan Review — 2120 and 2212 Chippewa Road — The Excelsior Group, LLC has requested review of a PUD Concept Plan for an 87-lot residential development north of Chippewa Road and west of Mohawk Drive. The subject site is a total of 37 acres (31 net acres), with two single family homes. The subject site is guided for Low Density Residential development in the current Comprehensive Plan within the 2021-2025 staging period. See attached report. B. LeJeune — Lot Line Rearrangement — 2782 and 2820 County Road 24 — Laurence and Jean LeJeune request approval of a lot line rearrangement between their properties at 2872 and 2820 County Road 24. The subject properties under consideration are currently zoned RR, Rural Residential with the properties to the east, west, and south also zoned RR. The properties to the north are zoned AG, Agricultural Preserve. See attached report and resolution. Possible Motion: Move to adopt the Resolution approving a lot line rearrangement between 2782 and 2820 County Road 24. C. Jeffrey -Johnson Lot Line Rearrangement — Glenn Jeffrey has requested a lot line rearrangement between his property at 2605 Willow Drive and neighboring property at 2505 Willow Drive. The property owners are still discussing the proposed lot line rearrangement and it is not prepared for review by the City Council. Staff had published a public hearing notice related to the easement vacation at the June 21 meeting. 3 However, staff does not recommend that the Council consider the vacation until the lot line rearrangement is prepared for review. Staff recommends that the City Council open the Public Hearing, receive any comments, and then continue the hearing to the July 5 meeting. See attached report. Recommended Motion: Move to continue the public hearing related to the vacation of drainage and utility easements on 2605 Willow Drive to the July 5, 2016 City Council meeting. XII. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 003693E-003710E for $48,816.33, order check numbers 44441-44493 for $128,843.65, and payroll EFT 507223-507249 for $47, 700.71. INFORMATION PACKET • Police Department Update • Public Works Department Update • Claims List 4 1 DRAFT 2 3 MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 7, 2016 4 5 The City Council of Medina, Minnesota met in regular session on June 7, 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, Finance Director Erin Barnhart, City Planner Dusty Finke, Public Works 16 Director Steve Scherer, Chief of Police Ed Belland, and Recording Secretary Amanda 17 Staple. 18 19 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 20 21 III. ADDITIONS TO THE AGENDA (7:00 p.m.) 22 The agenda was approved as presented. 23 24 IV. APPROVAL OF MINUTES (7:00 p.m.) 25 26 A. Approval of the May 17, 2016 Special City Council Meeting Minutes 27 It was noted in the last paragraph before adjournment, it should state, "...requested the 28 staff to prepare..." 29 30 Moved by Anderson, seconded by Cousineau, to approve the May 17, 2016 special City 31 Council meeting minutes as amended. Motion passed unanimously. 32 33 B. Approval of the May 17, 2016 Regular City Council Meeting Minutes 34 Moved by Martin, seconded by Anderson, to approve the May 17, 2016 regular City 35 Council meeting minutes as presented. Motion passed unanimously. 36 37 C. Approval of the May 18, 2016 Special City Council Meeting Minutes 38 Moved by Cousineau, seconded by Pederson, to approve the May 18, 2016 special City 39 Council meeting minutes as presented. Motion passed unanimously. 40 41 V. CONSENT AGENDA (7:03 p.m.) 42 43 A. Approve 2017 Contract for Assessing Services with Southwest Assessing 44 B. Approve 2016-2017 Liquor License Renewals 45 C. Resolution No. 2016-39 Accepting Grant Donation from Shakopee 46 Mdewakaton Sioux 47 D. Resolution No. 2016-40 Accepting Resignation of Randall Foote from the 48 Planning Commission 49 Johnson stated that in reference to Item C, the donation is for the purchase of two 50 defibrillators, which will be valuable additions. He also thanked Mr. Randy Foote for his 51 years of service to the Planning Commission. Medina City Council Meeting Minutes 1 June 7, 2016 1 2 Moved by Anderson, seconded by Pederson, to approve the consent agenda. Motion 3 passed unanimously. 4 5 VI. COMMENTS (7:05 p.m.) 6 7 A. Comments from Citizens on Items not on the Agenda 8 There were none. 9 10 B. Park Commission 11 Scherer reported that the June meeting will be canceled. He stated that the scoreboard 12 will be installed in the park this week. He noted that following the park tour there was a 13 request to turn the t-ball field at Maple Park back into a baseball field. He stated that he 14 did tell the resident that he should attend a Park Commission meeting to present that 15 request. 16 17 C. Planning Commission 18 Finke reported that the Planning Commission will meet the following week to consider 19 two public hearings, the first a Concept Plan for a residential development and the 20 second regarding Just for Kix. 21 22 VII. PRESENTATIONS 23 24 A. Abdo, Eick, and Myer — 2015 Annual Financial Report (7:07 p.m.) 25 Mark Ebensteiner Abdo, Eick and Meyer, presented the 2015 Annual Financial Report 26 and audit results reporting an unmodified or clean finding. He stated that the internal 27 controls were reviewed and noted that a material weakness was made regarding Item 28 2015-01. He explained that it was an accounting entry that was corrected to remove a 29 transfer that had been included in the capital asset value. He highlighted the accounting 30 practice changes, noting that in 2015 the GASB68 changes were implemented. He 31 noted that his firm provides very minimal accounting adjustments for a City of this size 32 as City staff provides the majority of the accounting and also has a nice segregation of 33 duties. He commended the Medina accounting staff for their excellent work. He 34 provided a brief highlight of the fund balances and budgeted figures as well as 35 comparison to previous years and cities of similar sizes. He reviewed information 36 regarding debt services. 37 38 Johnson asked how Medina compares to other cities of the same size for debt services. 39 40 Ebensteiner replied that he does not have the information on hand but would follow up 41 and provide that information to Johnson. He continued to review information regarding 42 capital improvement funds and cash flow figures for each of the funds, comparing 43 revenues to operational expenses. 44 45 Mitchell asked for and received clarification on the City's share for the pension figures. 46 He asked when the City would have to raise contributions to cover the potential shortfall. 47 48 Ebensteiner stated that the City would have to pay more when the State changes the 49 contribution rate. He provided further clarification noting that the City would never pay 50 that entire amount of the shortfall but is simply required to record the figures for 51 amortization. Medina City Council Meeting Minutes 2 June 7, 2016 1 2 Mitchell stated that it appears that real estate development slowed beginning in 2008 3 and then began to pick up again in 2012. He asked for an opinion on whether there 4 would be a future impact on the City related to development. 5 6 Ebensteiner stated that it appears that the City has set aside enough for future capital 7 through reserves that should assist the City in the case where development slows. 8 9 Martin stated that building permits result in increased property values which equates to 10 an increase in the property tax base for the City as well. 11 12 Barnhart replied that the growth will be seen over the next few years because there is a 13 two year delay with tax base and market value from the time of development. 14 15 Martin noted that the building permit fee is a one-time fee generation while the 16 improvement value would be seen for many years. 17 18 Anderson thanked Ebensteiner as well as Barnhart and Rigdon for their continued 19 excellence in their duties. 20 21 Moved by Martin, seconded by Cousineau, to accept the Management Letter prepared 22 for the City of Medina by Abdo, Eick and Myer as well as the 2015 Annual Financial 23 Report for the year ending December 31, 2015. Motion passed unanimously. 24 25 VIII. NEW BUSINESS 26 27 A. County Road 19 Trunk Sewer Maintenance Agreement between the 28 Metropolitan Council and the City of Medina (7:42 p.m.) 29 Scherer provided background information, noting that this agreement attempts to provide 30 compensation for the City providing regional assistance. He stated that there are still 31 some details to be worked out in the agreement and asked if the Council is comfortable 32 with the concept of the agreement. He stated that the issues that he and Batty wanted 33 worked out were regarding the generator, which the Metropolitan Council has agreed to 34 pay $2,500 per year for that use; while the second item was regarding an end date, 35 noting that the end date would be between 2025 and 2030. He stated that he would like 36 to continue to work with Batty to finalize the agreement. 37 38 Mitchell confirmed the consensus of the Council to accept reimbursement for this 39 service. 40 41 Pederson stated that he spoke with both Scherer and Batty in regard to whether 42 receiving payment would create a larger liability. 43 44 Batty stated that this is something the City is already doing and will continue to do, 45 therefore he did not see any further liability as this is simply reimbursing the City for 46 something they are already doing and will continue to do. 47 48 Martin stated that she spoke with Batty regarding the indemnification clause, which she 49 believed was more than it should be and should be limited to the losses caused by 50 negligence. 51 Medina City Council Meeting Minutes 3 June 7, 2016 1 Johnson noted that there was a typo that has been corrected. 2 3 Anderson stated that the City has already been doing this work without compensation. 4 He asked from a staffing perspective if additional hours or staffing would be required and 5 whether that is covered in the operating budget. 6 7 Scherer stated that the City has been doing this for at least the past 20 years that he has 8 been on staff, noting that the work is completed on contract and those costs would be 9 reimbursed. He stated that once this agreement is completed the focus would then be 10 on amending the tri-cities agreement. 11 12 Mitchell agreed that receiving payment is the first priority and the second should focus 13 on the end date. 14 15 Martin asked if there is language included regarding extraordinary expenses should a 16 major issue occur. 17 18 Scherer confirmed that there is language included to address that aspect. 19 20 Mitchell stated that he would also like to see maps included in the agreement. 21 22 Scherer agreed that the final agreement would include those exhibits. 23 24 Mitchell confirmed the consensus of the Council to direct staff to continue to negotiate 25 the agreement with the focus on reimbursement and an end date. 26 27 Martins stated that she would like additional information in regard to the statements in 28 the report regarding the Metropolitan Council taking ownership of the system when the 29 density reaches that point. She asked if it would be beneficial to focus higher density in 30 the area that would require the Metropolitan Council to take ownership. 31 32 Scherer stated that the Metropolitan Council will take ownership when the 33 Comprehensive Plans show the demand, noting that the density would not need to 34 necessarily come from Medina and would most likely come from neighboring cities. 35 36 B. Comanche Trail Improvement Project — Public Hearing (8:00 p.m.) 37 Johnson noted that the next three items require public hearings for the improvement 38 projects and assessment rolls. He noted that the Feasibility Reports were reviewed at 39 the previous meeting. 40 41 Scherer identified the three streets included in the improvement projects, noting that 42 these will be simple overlay projects. He stated that letters were sent out to the 43 impacted residents notifying them of the neighborhood meeting, which was held on April 44 26t. He noted that the Feasibility Reports were presented at the previous meeting at 45 which time the public hearings were called for. He noted that tonight the Council would 46 be asked to approve the plans according to the Feasibility Reports and order each of the 47 road projects. He noted that the Council would also be asked to adopt the assessment 48 roll for each project. 49 50 Anderson confirmed that Leatherdale would be accepting responsibility for her portion of 51 the project. Medina City Council Meeting Minutes 4 June 7, 2016 1 2 Scherer confirmed that Leatherdale is in agreement for funding the reconstruction she is 3 requesting as well as the cost of the overlay that her property would be responsible for 4 with the project. He noted that she actually has four buildable lots, rather than one, in 5 relation to the overlay and advised that he did reach out but Leatherdale had a family 6 issue that arose and he was not able to speak with her. 7 8 Batty reviewed the process that should be followed, noting that the improvement hearing 9 and assessment hearing could be held simultaneously for each project. 10 11 Mitchell opened the public hearing at 8:05 p.m. 12 13 No comments made. 14 15 Mitchell closed the public hearing at 8:05 p.m. 16 17 1. Resolution No. 2016-41 Approving Plans According to Feasibility 18 Report and Ordering Comanche Trail Improvement Project 19 Moved by Martin, seconded by Cousineau, to adopt the Resolution No. 2016-41 20 Approving Plans According to Feasibility Report and Ordering Comanche Trail 21 Improvement Project. Motion passed unanimously. 22 23 2. Resolution No. 2016-42 Adopting Assessment Roll for Comanche 24 Trail Improvement Project 25 Moved by Martin, seconded by Cousineau, to adopt Resolution No. 2016-42 Approving 26 Assessment Roll for the Comanche Trail Improvement Project. Motion passed 27 unanimously. 28 29 C. Cottonwood Trail Improvement Project — Public Hearing (8:06 p.m.) 30 Mitchell opened the public hearing at 8:06 p.m. 31 32 No comments made. 33 34 Mitchell closed the public hearing at 8:06 p.m. 35 36 1. Resolution No. 2016-43 Approving Plans According to Feasibility 37 Report and Ordering Cottonwood Trail Improvement Project 38 Moved by Martin, seconded by Pederson, to adopt Resolution No. 2016-43 Approving 39 Plans According to Feasibility Report and Ordering Cottonwood Trail Improvement 40 Project. Motion passed unanimously. 41 42 2. Resolution No. 2016-44 Adopting Assessment Roll for Cottonwood 43 Trail Improvement Project 44 Moved by Martin, seconded by Pederson, to adopt Resolution No. 2016-44 Approving 45 Assessment Roll for the Cottonwood Trail Improvement Project. Motion passed 46 unanimously. 47 48 D. Lakeview Road Improvement Project — Public Hearing (8:07 p.m.) 49 Mitchell opened the public hearing at 8:07 p.m. 50 51 No comments made. Medina City Council Meeting Minutes 5 June 7, 2016 1 2 Mitchell closed the public hearing at 8:07 p.m. 3 4 1. Resolution No. 2016-45 Approving Plans According to Feasibility 5 Report and Ordering Lakeview Road Improvement Project 6 Moved by Martin, seconded by Anderson, to adopt Resolution No. 2016-45 Approving 7 Plans According to Feasibility Report and Ordering Lakeview Road Improvement 8 Project. Motion passed unanimously. 9 10 2. Resolution No. 2016-46 Adopting Assessment Roll for Lakeview 11 Road Improvement Project 12 Moved by Martin, seconded by Anderson, to adopt Resolution No. 2016-46 Approving 13 Assessment Roll for the Lakeview Road Improvement Project. Motion passed 14 unanimously. 15 16 IX. OLD BUSINESS 17 18 A. Deerhill Preserve — Conservation Easement Agreements; Public 19 Improvement Project Update (8:08 p.m.) 20 Mitchell recused himself from the discussion and Pederson presided over this item. 21 22 Johnson stated that before the Council is the Memorandum of Understanding and 23 conservation easement agreement both between the City and the Minnehaha Creek 24 Watershed District relating to the Deerhill Preserve development. 25 26 Finke stated that Minnehaha Creek Watershed District would be the primary holder of 27 the conservation easement for Deerhill Preserve while the City would be a partner. 28 29 Batty explained that the conservation easement and land stewardship plan are included 30 in the Council packet as informational items. He noted that staff was able to comment 31 on those agreements, although the City is not a part of those agreements. He noted that 32 those agreements will be a part of the development agreement which will hopefully come 33 before the Council at the next meeting. He noted that the City was insistent that the 34 Watershed play the lead role in holding the conservation easement, while the City would 35 remain as a backup. 36 37 Martin stated that the conservation easement was well written. She asked for 38 clarification on whether both PRDC and Stonegate are included in the conservation 39 easement as both entities were listed in the settlement. 40 41 Batty stated that he is aware of that and would ensure that the correct parties are 42 included. 43 44 Finke provided an update regarding the 429 project. He stated that as plans are 45 developed the road project is not just pavement and fields and staff believes that there 46 should be discussion regarding whether certain elements should in fact be included in 47 the road project or whether they are elements of the development itself. He noted that 48 the scope discussed has been regarding the road itself, the stormwater improvements 49 and the turn lane improvements for Homestead Trail. He noted that the developer is 50 willing to install the stormwater improvements, which reduces the scope of the project 51 and therefore perhaps the turn lane improvements could be included in the road project. Medina City Council Meeting Minutes 6 June 7, 2016 1 He noted that the developer is anxious for the project to move ahead and if the Council 2 is comfortable with the scope of the project, staff would publish notice for opening of bids 3 for the project prior to the June 21 st meeting which would allow the project to move 4 forward should the Council authorize the project at the June 21 st meeting which would 5 save the additional two weeks. He stated that if the Council does not authorize the 6 project at the June 21st meeting, staff could issue an addendum for the bids to delay that 7 process. 8 9 Pederson asked why the improvements would be necessary for Homestead Trail as that 10 is a County road. 11 12 Finke explained that would be similar to how the City expects developers to fund 13 necessary improvements which are deemed necessary because of the development. 14 15 Batty explained that the County would not allow the connection to the County Road 16 without the improvement, similar to how the City would require a developer to make any 17 necessary improvements that would be necessary to support the activity from the 18 development. He explained the aspects that would be proposed to be included in the 19 429 project. He stated that until a few months ago the developer had a plan to construct 20 the private and public improvements together in one plan, but now the developer has 21 had to separate the plans to segregate the items that would be part of the 429 project. 22 He stated after the continued negotiations between staff and the developer, he is now 23 comfortable stating that the items proposed for the 429 project would be appropriate. He 24 noted that even though the turn lane improvements were not originally thought about 18 25 months ago, he deems that it would be a reasonable expense related to the roadway. 26 27 Martin stated that the settlement agreement stated that the access roadway including 28 the full cost of design and construction will be financed by municipal bonds. She stated 29 that the additional turn lane will be helpful to the residents that travel that roadway. 30 31 Johnson confirmed the consensus of the Council to allow staff to publish the notice for 32 the 429 project as discussed. 33 34 Batty stated that at one of the next two meetings the Council will review the Feasibility 35 Report which will call for a public improvement project that will include the elements just 36 discussed and will be bid as the "City's project". 37 38 Stremel stated that there have been changes made to the potential scope of the project, 39 removing the stormwater aspects to further reduce the estimated cost of the 429 project. 40 41 Batty stated that the estimates that have been provided are similar to the figures 42 discussed 18 months ago. 43 44 Moved by Anderson, seconded by Martin, to approve the Agreement by and between 45 the City of Medina and Minnehaha Creek Watershed District regarding Deerhill Preserve 46 Conservation Easement. Motion passed unanimously. 47 48 Moved by Anderson, seconded by Cousineau, to approve the Memorandum of 49 Understanding between the Minnehaha Creek Watershed District and the City of Medina 50 regarding the Deerhill Preserve Conservation Easement. Motion passed 51 unanimously. Medina City Council Meeting Minutes 7 June 7, 2016 1 2 Mitchell rejoined the Council. 3 4 X. CITY ADMINISTRATOR REPORT (8:35 p.m.) 5 Johnson stated that the lower level City Hall project is moving along noting that 6 demolition began this past week. 7 8 Scherer provided an update on well number four, noting that the motor went down a few 9 weeks ago. He stated that he has consulted with engineering and came to the 10 conclusion that a new motor would need to be ordered. He stated that the motor is set 11 to arrive the following day and hoped that the well would be up and running by the end of 12 the week. 13 14 XI. MAYOR & CITY COUNCIL REPORTS (8:37 p.m.) 15 Anderson stated that the Steering Committee continues to move ahead and will meet 16 again on Friday morning. He stated that the Committee will bring a draft of the 17 Comprehensive Plan forward to the Council later this year. 18 19 Mitchell stated that he will be attending the mayors meeting the following night. 20 21 XII. APPROVAL TO PAY THE BILLS (8:39 p.m.) 22 Moved by Anderson, seconded by Martin, to approve the bills, EFT 003665E-003692E 23 for $94,972.78, order check numbers 44368-44440 for $184,684.72, and payroll EFT 24 507164-507222 for $94,276.63. Motion passed unanimously. 25 26 XIII. ADJOURN 27 Moved by Anderson, seconded by Cousineau, to adjourn the meeting at 8:40 p.m. 28 Motion passed unanimously. 29 30 31 32 Bob Mitchell, Mayor 33 Attest: 34 35 36 Jodi M. Gallup, City Clerk Medina City Council Meeting Minutes 8 June 7, 2016 DITTER COOLING • HEATING • ELECTRICAL SINCE 1946 RESIDENTIAL • COMMERCIAL "We're not comfortable until you are!" City of Medina 2052 County Road 24 Medina, MN 55340 We hereby propose to furnish equipment, labor, materials and permit for the following items: Remove existing condenser unit for council meeting room. Install new Carrier ductless unit with two indoor heads mounted above windows. Line sets will run up cove to eave and mount to the bottom outside edge of eave to the unit locations. Line sets will enter in through eaves and through the wall to the indoor head. Some access to the eaves may be needed to make connections and repair to the access holes is not included in bid. Carrier 38MGQF36 ductless condenser 18 seer efficient 2-Carrier 40MAQB18 ductless indoor heads db rating 33-46 Total amount due: $8,949.00* *price includes reusing existing high voltage connection to existing condenser Terms: payment on completion Tim Underhill Ditter Cooling & Heating 820 Tower Drive Hamel, MN. 55340 763-478-9558 763-286-5911 cell timunditterinc.com All material is guaranteed to be as specified. All work to be completed in a workmanlike manner According to standard practices. Any alteration or deviation from above specifications involving extra Costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. Acceptance of Proposal - The above prices, Specifications and conditions are satisfactory and are hereby Accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Finance charges of 1-1/2% per month may be assessed on over due accounts. Authorized Signature: Tim Underhill NOTE: This proposal may be withdrawn by us if not accepted within 30 days. Customer Signature: You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after The date of the transaction. See attached note of cancellation form. NOTICE OF RIGHT OF RESCISSION (Identification of Transaction) Notice to customer required by Federal Law: You have entered into a transaction on which may result in a lien, mortgage, or other security on your property. You have legal right under federal law to cancel this transaction, if you desire to do so, without any penalty or obligation within three business days from the above date or any later date on which all material disclosures required under the Truth of Lending Act have been given to you. If you so cancel the transaction, any lien, mortgage, or other security interest on your property arising from this transaction is automatically void. You are entitled to receive a refund of any down payment or other consideration if you cancel. If you decide to cancel this transaction, you may do so by notifying: Ditter Inc. At 820 Tower Drive Hamel, MN 55340 (Address of Creditor's Place of Business) By mail or telegram sent not later than midnight of You may also use any other form of written notice identifying the transaction to the above address not later than that time. This notice may be used for that purpose by dating and signing below: I hereby cancel this transaction. Customer's Signature Date OffS OPTIMUM MECHANICAL SYSTEMS Commercial • Industrial • Residential Design " Installation " Service nROPOSAL 3030 Centerville Road, Little Canada, MN 55117 Phone: 651-429-2302 • Fax: 651-429-9506 PROPOSAL SUBMITTED TO: City of Medina Att: Scott Johnson PROJECT NAME and LOCATION: DATE:06.08.16 Medina City Council Chambers — Added cooling Optimum Mechanical Systems Inc. proposes to furnish labor, materials, equipment, insurance, taxes, and overhead to complete the above referenced project in accordance with plans and specifications dated. Our work scope includes items as specifically included herein. DESCRIPTION: Remove existing condenser unit for council meeting room. Install new Carrier ductless unit with two indoor heads mounted above windows. Line sets will run up cove to eave and mount to the bottom outside edge of eave to the unit locations. Line sets will enter in through eaves and through the wall to the indoor head. Some access to the eaves may be needed to make connections and repair to the access holes is not included 1st yr warranty Permit Carrier 36MGQF36 ductless condenser 2-Carrier 40MAQB18 ductless indoor heads BID SUM: $9295.00 VE: - Provide York Equal — Deduct: $310.00 Note: Terms are due upon completion. We appreciate the opportunity to quote you on this project. If we can be of further assistance, please contact this office. Respectfully submitted, Randy Peterson Lead Project Manager/VP Optimum Mechanical Systems, Inc. NOTE: We may withdraw this proposal if not accepted within 30 days. s:/BidFiles/ Agenda Item #5B Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2016- APPOINTING ELECTION JUDGES FOR THE AUGUST 9, 2016 PRIMARY ELECTION AND THE NOVEMBER 8, 2016 GENERAL ELECTION WHEREAS, City Council approval is required for the selection of election judges; and WHEREAS, the individuals named on Exhibit A, and on file in the office of the City Clerk have submitted an application to be Election Judges for the August 9, 2016 Primary Election and the November 8, 2016 General Election; and NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that the individuals named on Exhibit A be approved as election judges for the August 9, 2016 Primary Election and the November 8, 2016 General Election. BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. BE IT FURTHER RESOLVED that those election judges who attend trainings and/or serve on Election Day be paid a wage of $10.00 per hour with no benefits. Dated: June 21, 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 21, 2016 Exhibit A ELECTION JUDGES FOR THE AUGUST 9, 2016 PRIMARY ELECTION AND THE NOVEMBER 8, 2016 GENERAL ELECTION Jodi Gallup, Election Coordinator Erin Barnhart, Asst. Election Coordinator Janet White, City of Medina Election Assistant Pat Velch, Head Election Judge Patricia Gregor, Head Election Judge Dennis Morrow, Asst. Head Election Judge Caroline Ampuero James Baker Diann Benson Judith Bohn Mary Pat Byrnes Mark Christopher Sharon Christopher Kitty Crosby Debra Dalbec Eleanor Degman Paul DeJute Leslie Driscoll Cynthia Dyste Philip Engel Karen Evans Beverly Fry Margaret Garberick Dean Herman Resolution No. 2016- 2 June 21, 2016 Sandra Herman Paul Jaeb Marjorie Kearin Colleen Lecy Steve Lee Katherine Mohan Thomas Nelson Molly O'Brien-Hasek Ellis Olkon Laurie Rengel Terry Richmond Robin Reid Jeffrey Rumsey Julie Rumsey Katie Schmidt Carolyn Smith Shelley Swanson Katharina Thompson Julie Vanderboom Donald Verbick Mary Verbick Elizabeth Weir Christine Zonneveld Agenda Item #5C Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2016- RESOLUTION APPOINTING ABSENTEE BALLOT BOARD ELECTION JUDGES FOR THE AUGUST 9, 2016 PRIMARY ELECTION AND THE NOVEMBER 8, 2016 GENERAL ELECTION WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the Medina City Council that the individuals named on Exhibit A, and on file in the office of the City Clerk be appointed as the City of Medina Absentee Ballot Board Election Judges for the August 9, 2016 Primary Election and the November 8, 2016 General Election; and BE IT FURTHER RESOLVED the Medina City Council also appoints other individuals and all members appointed to the Hennepin County Absentee Ballot Board as authorized under Minn. Stat. 204B.21, subd. 2 under the direction of the Election Manager to serve as members of the Medina Absentee Ballot Board; and BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. BE IT FURTHER RESOLVED that those election judges whom serve on the absentee ballot board be paid a wage of $10.00 per hour with no benefits. Dated: June 21, 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 21, 2016 Exhibit A ABSENTEE BALLOT BOARD ELECTION JUDGES FOR THE AUGUST 9, 2016 PRIMARY ELECTION AND THE NOVEMBER 8, 2016 GENERAL ELECTION Jodi Gallup, Election Coordinator Erin Barnhart, Asst. Election Coordinator Janet White, City of Medina Election Assistant Pat Velch, Head Election Judge Patricia Gregor, Head Election Judge Dennis Morrow, Asst. Head Election Judge Caroline Ampuero James Baker Diann Benson Judith Bohn Mary Pat Byrnes Mark Christopher Sharon Christopher Kitty Crosby Debra Dalbec Eleanor Degman Paul DeJute Leslie Driscoll Cynthia Dyste Philip Engel Karen Evans Beverly Fry Margaret Garberick Dean Herman Resolution No. 2016- 2 June 21, 2016 Sandra Herman Paul Jaeb Marjorie Kearin Colleen Lecy Steve Lee Katherine Mohan Thomas Nelson Molly O'Brien-Hasek Ellis Olkon Laurie Rengel Terry Richmond Robin Reid Jeffrey Rumsey Julie Rumsey Katie Schmidt Carolyn Smith Shelley Swanson Katharina Thompson Julie Vanderboom Donald Verbick Mary Verbick Elizabeth Weir Christine Zonneveld Agenda Item #5D Member introduced the following resolution and moved its adoption. CITY OF MEDINA RESOLUTION NO. 2016- RECOGNIZING INVESTIGATOR CHARMANE DOMINO FOR TEN YEARS OF SERVICE TO THE CITY OF MEDINA WHEREAS, Charmane Domino has been a valued full time City of Medina employee in the Police Department since June 7, 2006; and WHEREAS, Charmane has served as a licensed peace officer at the City of Medina for ten years; and WHEREAS, Charmane served four and one-half years as a Patrol Officer; and WHEREAS, Charmane served as our in-house investigator for five and one-half years; and WHEREAS, Charmane has managed high profile cases for the department with successful outcomes on a regular basis; and WHEREAS, Charmane has developed great skills and expertise in the investigations field; and WHEREAS, Charmane has maintained a 60 percent or better clearance rate while she has been in investigations, and WHEREAS, Charmane has served as the Reserve Coordinator for two years; and WHEREAS, Charmane brings a great attitude, energy, and work ethic to the job daily; and WHEREAS, Charmane has received numerous thank you letters from residents and neighboring depaitinents for her dedicated and professional service; and WHEREAS, the City of Medina expresses sincere gratitude for Charmane's dedication and continued service to the Medina community NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Medina acknowledges and thanks Charmane Domino for ten years of service to the community. Dated: June 21, 2016. Bob Mitchell, Mayor Resolution No. 2016- June 21, 2016 ATTEST: Scott Johnson, City Administrator 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- 2 June 21, 2016 Agenda Item #5E Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2016- RESOLUTION APPROVING PROPOSED TRANSFERS AND ASSIGNMENT OF FUND RESERVES WHEREAS, for 12/31/15, the fund balance goal is $1,772,248 (using 5/12 of 2016 budgeted expenditures of $4,253,394). The General fund balance at 12/31/15 was $2,391,059 or $618,811 above the goal; $288,108 being surplus from 2015 and the remaining $330,703 reserves. BE IT RESOLVED, by the city council of the City of Medina, County of Hennepin, Minnesota, that the following actions be: $200,000 be Transferred from the General Fund to the following funds: - Equipment Replacement Fund: $130,000 for Police and Public Works equipment - Road Fund: $70,000 to assist financing upcoming road projects. $205,000 be Assigned from General Fund reserves: - $125,000 for quiet zone at the railroad crossing at Hwy 55 and CR 116. - $80,000 for potential legal fees. $40,000 be Reassigned from General Fund reserves: - Reassign $40,000 for health insurance self -insure buy -in (no longer needed) to retirement liability for post -retirement benefits. Date: June 21, 2016 Bob Mitchell, Mayor ATTEST: Resolution No. 2016- June 21, 2016 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- 2 June 21, 2016 1 TKDA June 14, 2016 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.com Mr. Scott Johnson City Administrator 2052 County Road 24 Medina, Minnesota 55340 Re: Revised Proposal for Engineering Services Pinto Drive Quiet Zone Application Dear Mr. Johnson: In response to your request, we propose to provide Engineering Services in connection with the Pinto Drive Quiet Zone Application, hereinafter called the Project. Our services will be provided in the manner described in this Proposal subject to the terms and conditions set forth in the attached "General Provisions of Engineer -Architect Agreement" dated July 2009. Hereinafter, the City of Medina is referred to as the CITY. I. PROJECT DESCRIPTION The CITY proposes implementing a Quiet Zone at the railroad crossing on Pinto Drive located just south of TH 55. The north and south approaches to TH 55 will be reconstructed by Hennepin County in 2017. Reconstruction will include the installation of a new railroad crossing and associated gates and lights. A median will be constructed north and south of the tracks. The median on the north side will be less than 60 feet long. As such, Alternative Safety Measures (ASMs) will be required. Based on Quiet Zone analysis and consultation with the Federal Railroad Administration (FRA), TKDA will determine proposed ASMs, prepare a Notice of Intent for City submittal to the FRA, prepare a Quiet Zone Application to the FRA, and revise County Roadway Plans to Incorporate the ASMs. Based on the office and on -site meetings held May 17, 2011, with the FRA, CP Railway, MnDOT, Hennepin County, and CITY representatives, the ASM application process will be required. It is assumed that a follow-up meeting will not be required. II. SERVICES TO BE PROVIDED BY TKDA Based on TKDA'S understanding of the Project, we propose to provide the following services: A. Proiect Management and Quality Management 1. Administration and General Coordination - This task includes the day-to-day Project management, client communications, status updates and preparation of invoices. 2. Meetings — TKDA will attend one City Council Meeting to present the status of the quiet zone analysis. 3. Quality Management — We will perform Quality Control checks and reviews of the documents prior to submittal. Our Quality Manager will assure that the appropriate Quality Control procedures are performed. An employee -owned company promoting affirmative action and equal opportunity. Mr. Scott Johnson City of Medina Revised Proposal for Engineering Services - Pinto Drive Quiet Zone Application June 14, 2016 Page 2 B. Coordinate Potential ASMs 1. Develop Potential ASMs — We will consider previously documented potential Alternative Safety Measures (ASMs) and develop additional ASMs that meet Project requirements. 2. Consult with the FRA — We will consult with the FRA to ensure potential ASMs are reasonable and acceptable. 3. Coordinate with CP, MnDOT, County and City — We will coordinate with CP, MnDOT, County and City representatives to inform and request preliminary comments regarding the potential ASMs considered. C. Determine Effectiveness of Proposed ASMs 1. Compute QZRI — We will enter proposed ASMs into the online calculator to compute the Quiet Zone Risk Index (QZRI) for various combinations of ASMs. 2. Determine RIWH/NSRT and compare to QARI — We will compare the QZRI results with the Risk Index Without Horns (RIWH) and the Nationwide Significant Risk Threshold (NSRT) values. D. Prepare Notice of Intent 1. Assemble Required Information — We will assemble the information required for development of the Notice of Intent. 2. Prepare Notice of Intent — We will prepare the Notice of Intent document and provide to the CITY for submittal to the FRA, CP, MnDOT and Hennepin County. E. Prepare Quiet Zone Application 1. Assemble Analysis and Data — We will assemble inventory forms, analysis results and other relevant data for inclusion in the application. 2. Prepare Exhibits — We will prepare graphical exhibits for insertion in the application. 3. Prepare Quiet Zone Application — We will write and assemble the required information to complete the Quiet Zone Application. F. Revise Roadway Plans to Incorporate ASMs Modify Relevant Plan Sheets and Special Provisions — We will make the necessary updates to plan sheets in MicroStation and to Special Provisions in MS Word to properly incorporate approved Quiet Zone ASM improvements. III. CLIENT'S RESPONSIBILITIES These responsibilities shall be as set forth in Article 8 of the General Provisions and as further described or clarified hereinbelow: A. Designate one individual to act as a representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. This individual shall be identified in the signature block area of this Proposal. B. Provide TKDA with site access as required to perform services listed in SECTION II above. Mr. Scott Johnson City of Medina Revised Proposal for Engineering Services - Pinto Drive Quiet Zone Application June 14, 2016 Page 3 C. Provide reviews of materials furnished by TKDA in a reasonable and prompt manner so that the Project schedule can be maintained. IV. PERIOD OF SERVICE We would expect to start our services promptly upon receipt of your written acceptance of this Proposal and to complete SECTION II services within the schedule required by the FRA. V. COMPENSATION Compensation to TKDA for services provided as described in SECTION II of this Proposal shall be on an Hourly Time and Materials basis in the estimated amount of $ 7,750. Our detailed Project Fee Estimate is attached. Payment shall be made in accordance with Article 3 of the attached General Provisions. The level of effort required to accomplish SECTION II services can be affected by factors which are beyond our control. Therefore, if it appears at any time that charges for services rendered under SECTION II will exceed the above, we agree that we will not perform services or incur costs which will result in billings in excess of such amount until we have been advised by you that additional funds are available and our work can proceed. VI. CONTRACTUAL INTENT We thank you for the opportunity to submit this Proposal. We agree that this letter and attachments constitute a contract between us upon its signature by an authorized official of the City of Medina and the return of a signed original to us. This Proposal will be open for acceptance for 60 days, unless the provisions herein are changed by us in writing prior to that time. Sincerely, Jeff Hil.'-n, PE, PTOE ` Kevin R. Cullen, PE Project Manager ATTACHMENTS: PROJECT FEE ESTIMATE GENERAL PROVISIONS ACCEPTED FOR CITY OF MEDINA Vice President By: Printed Name/Title Date (signature) CLIENT'S DESIGNATED REPRESENTATIVE: Name/Title Phone Email .111 TKDA Project Fee Estimate Client: City of Medina Date: 6/4/2016 Project: Pinto Drive Quiet Zone Application Prepared By: JAH Task Task Description Estimated Person Hours Required Total Hours Total Dollars Sr Reg Sr Reg Spec II Grad Engr Tech II Tech II A Project Management and Quality Management 1. Administrative and General Coordination 6 6 $ 918 2. Meetings (attend one City Council Meeting) 4 4 $ 612 3. Quality Management 2 2 $ 348 B Cordinate Potential ASMs 1. Develop Potential ASMs 2 4 6 $ 578 2. Consult with FRA 2 2 $ 306 3. Coordinate with CP, MnDOT, County, City 2 2 $ 306 C Determine Effectiveness of Proposed ASMs 1. Compute QZRI 4 4 $ 272 2. Determine RIWHINSRT and compare to QZRI 2 4 6 $ 578 D Prepare Notice of Intent 1. Assemble required information 2 6 8 $ 714 2. Prepare Notice of Intent 2 4 2 8 $ 700 E Prepare Quiet Zone Application 1. Assemble analysis and data 2 4 6 $ 578 2. Prepare exhibits 2 2 4 $ 414 3. Prepare Quiet Zone Application 2 6 2 10 $ 836 F Revise Roadway Plans to Incorporate ASMs 1. Modify relevant plan sheets and special provisions 4 4 $ 516 Total Person Hours 26 2 6 32 2 4 72 Billing Rate/Hrx Multiplier $ 153 $ 174 $ 129 $ 68 $ 78 $ 61 Total Billable for Charged Time $ 3,978 $ 348 $ 774 $ 2,176 $ 156 $ 244 $ 7,676 Expenses Travel & Subsistence(TS) $ 70 Total Project Fees ' $ 7,757I ARTICLE 1. GENERAL These General Provisions supplement and become part of the Agreement between Toltz, King, Duvall, Anderson and Associates, Incorporated, a Minnesota Corporation, hereinafter referred to as TKDA, and the other Party to the Agreement, hereinafter referred to as CLIENT, wherein the CLIENT engages TKDA to provide certain Engineering, Architectural, and/or Planning services. Either Party to this Agreement may be referred to as a "Party" or collectively as "Parties." As used herein, the term "Agreement" refers to (1) TKDA's original Engagement Letter or proposal (the "Engagement Letter") which forms the basis for the Agreement; (2) these General Provisions, and (3) any attached Exhibits, as if they were part of one and the same document. With respect to the order of precedence, any attached Exhibits shall govern over these General Provisions and the Engagement Letter shall govem over any attached Exhibits and these General Provisions. ARTICLE 2. PERIOD OF SERVICE The term of this Agreement for the performance of services hereunder shall be as set forth in TKDA's Engagement Letter. Any lump sum or estimated maximum payment amounts set forth in the Engagement Letter have been established in anticipation of the orderly and continuous progress of the project in accordance with the schedule set forth in the Engagement Letter or any Exhibits attached thereto. ARTICLE 3. COMPENSATION TO TKDA A. Compensation to TKDA for services shall be as designated in the Engagement Letter. The CLIENT shall make monthly payments to TKDA within 30 days of date of invoice. B. The CLIENT will pay the balance stated on the invoice unless CLIENT notifies TKDA in writing of the particular item that is alleged to be incorrect within 15 days from the date of invoice, in which case all undisputed items shall be paid and amounts in dispute shall become due upon an adjudicated resolution or upon agreement of the parties. All accounts unpaid after 30 days from the date of original invoice shall be subject to a service charge of 1-1/2% per month, or the maximum amount authorized by law, whichever is less. TKDA shall be entitled to recover all reasonable costs and disbursements, including reasonable attorneys' fees, incurred in connection with collecting amounts owed by CLIENT. In addition, TKDA may, after giving seven days' written notice to the CLIENT, suspend services under this Agreement until TKDA has been paid in full for all amounts then due for services, expenses and charges. CLIENT agrees that it shall waive any and all claims against TKDA and that TKDA shall not be responsible for any daims arising from suspension of services hereunder. ARTICLE 4. EXTRA WORK If TKDA is of the opinion that any work it has been directed to perform is beyond the Scope of this Agreement, or that the level of effort required exceeds that estimated due to changed conditions and thereby constitutes extra work, it shall notify the CLIENT of that fact Upon written notification to CLIENT, TKDA shall be entitled to additional compensation for same, and to an extension of time for completion absent timely written objection by CLIENT to additional services. ARTICLE 5. ABANDONMENT, CHANGE OF PLAN AND TERMINATION Either Party has the right to terminate this Agreement upon seven days' written notice for convenience of either CLIENT or TKDA. In addition, the CLIENT may at any time reduce the scope of this Agreement Such reduction in scope shall be set forth in a written notice from the CLIENT to TKDA. In the event of unresolved dispute over change in scope or changed conditions, this Agreement may also be terminated upon seven days' written notice as provided above. In the event of a termination or reduction in scope of the project work, TKDA shall be paid for the work performed and expenses incurred on the project work and for any completed and abandoned work for which payment has not been made, computed in accordance with the provisions of the Engagement Letter and payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with TKDA's subconsultants, costs of producing copies of file materials and other related close-out costs. ARTICLE 6. DISPOSITION OF PLANS, REPORTS AND OTHER DATA All documents, including reports, drawings, calculations, specifications, CADD materials, computer software or hardware or other work product prepared by TKDA pursuant to this Agreement are TKDA's Instruments of Service and TKDA retains all ownership interests in said Instruments of Service, induding copyrights. Any use or reuse of such Instruments of Service, except for the specific purpose intended, by the CLIENT or others without written consent, verification, or adaptation by TKDA will be at the CLIENT's risk and full legal responsibility. In this regard, the CLIENT will indemnify and hold harmless TKDA from any and all suits or claims of third parties arising out of such use or reuse which is not specifically verified, adapted, or authorized by TKDA. Copies of documents that may be relied upon by the CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by TKDA's Engineer or Architect. Files in electronic format fumished to the CLIENT are only for convenience of the CLIENT. Any conclusion or information obtained or derived from such electronic files TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED General Provisions of Engineer -Architect Agreement will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. In the event electronic copies of documents are made available to the CLIENT, the CLIENT acknowledges that the useful life of electronic media may be limited because of deterioration of the media, obsolescence of the computer hardware and/or software systems or other causes outside of TKDA's control. Therefore, TKDA makes no representation that such media will be fully usable beyond 30 days from date of delivery to CLIENT. If requested, at the time of completion or termination of the work, TKDA shall make available to the CLIENT at CLIENT'S expense copies of the Instruments of Service upon (i) payment of amounts due and owing for work performed and expenses incurred under this Agreement, and (ii) fulfillment of the CLIENT's obligations under this Agreement. ARTICLE 7. CLIENT'S ACCEPTANCE BY PURCHASE ORDER In lieu of or in addition to execution of the Engagement Letter, the CLIENT may authorize TKDA to commence services by issuing a purchase order by a duly authorized representative. Such authority to commence services or purchase order shall incorporate by reference the terms and conditions of this Agreement. In the event the terms and conditions of this Agreement conflict with those contained in the CLIENT's purchase order, the terms and conditions of this Agreement shall govern. Notwithstanding any purchase order provisions to the contrary, no warranties, express or implied, are made by TKDA. In Order to implement the intent of Parties to this Agreement, the Parties agree that the Engagement Letter, these General Provisions, and any Exhibits constitute the entire Agreement between them. The Parties further agree that the preprinted terms and conditions of any CLIENT -generated purchase order issued to request work pursuant to this Agreement will not apply to the work, regardless of whether TKDA executes the purchase order in acceptance of the work. ARTICLE 8. CLIENT'S RESPONSIBILITIES A. To permit TKDA to perform the services required hereunder, the CLIENT shall supply, in proper time and sequence, the following at no expense to TKDA: 1. All necessary information regarding its requirements as necessary for orderly progress of the work. 2. Designate in writing a person to act as CLIENT's representative with respect to the services to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive instructions, receive information, and interpret and define CLIENT'S policies with respect to TKDA's services. 3. Fumish, as required for performance of TKDA's services (except to the extent provided otherwise in the Engagement Letter or any Exhibits attached thereto), data prepared by or services of others, including without limitation, soil borings, probing and subsurface explorations, hydrographic and geohydrologic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property descriptions; zoning, deed and other land use restriction; and other special data not covered in the Engagement Letter or any Exhibits attached thereto. 4. Provide access to, and make all provisions for TKDA to enter upon publicly or privately owned property as required to perform the work. 5. Act as liaison with other agencies or involved parties to carry out necessary coordination and negotiations; Fumish approvals and permits from all govemmental authorities having jurisdiction over the project and such approvals and consents from others as may be necessary for completion of the project. 6. Examine all reports, sketches, drawings, specifications and other documents prepared and presented by TKDA, obtain advice of an attorney, insurance counselor or others as CLIENT deems necessary for such examination, and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of TKDA. 7. Give prompt written notice to TKDA whenever the CLIENT observes or otherwise becomes aware of any development that affects the scope or timing of TKDA's services or any defect in the work of Construction Contractor(s), subconsultants or TKDA. 8. Initiate action, where appropriate, to identify and investigate the nature and extent of asbestos, petroleum and/or pollution in the project and to abate and/or remove the same as may be required by federal, state or local statute, ordinance, code, rule, or regulation now existing or hereinafter enacted or amended. For purposes of this Agreement, "pollution" and "pollutant" shall mean any solid, liquid, gaseous or thermal irritant or contaminant, induding petroleum, smoke, vapor, soot, alkalis, chemicals and hazardous or toxic waste. Hazardous Materials means any substance, waste, pollutant or contaminant (including petroleum) now or hereafter included within such terms under any federal, state or local statute, ordinance, code, rule or regulation now existing or hereinafter enacted or amended. Waste further includes materials to be recycled, reconditioned or reclaimed. CLIENT further agrees it TKDA GENERAL PROVISIONS JULY 2009 (E/0) will, where appropriate, endeavor to identify, remove and/or encapsulate asbestos products, petroleum, pollutants or Hazardous Materials located in the project area prior to accomplishment by TKDA of any work on the project. If TKDA encounters, or reasonably suspects that it has encountered, asbestos or pollution in the project, TKDA shall cease activity on the project and promptly notify the CLIENT, who shall proceed as set forth above. Unless otherwise specifically provided in the Engagement Letter, the services to be provided by TKDA do not include identification of asbestos or pollution, and TKDA has no duty to identify or attempt to identify the same within the area of the project. With respect to the foregoing, CLIENT acknowledges and agrees that TKDA is not a user, handler, generator, operator, treater, storer, transporter or disposer of asbestos, petroleum, Pollutant, or other Hazardous Materials which may be encountered by TKDA on the project. CLIENT agrees to hold harmless, indemnify and defend TKDA and TKDA's officers, subconsultant(s), subcontractor(s), employees and agents from and against any and all claims, lawsuits, damages, liability and costs, including, but not limited to, costs of defense, arising out of or in any way connected with the presence, discharge, release, or escape of asbestos, petroleum or other Hazardous Materials or waste on the site. This indemnification is intended to apply only to existing conditions present at the site prior to TKDA's commencement of services, and does not apply to conditions that arise subsequent to TKDA's commencement of services that are caused or created by TKDA. 9. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the project, such legal services as the CLIENT may require or TKDA may reasonably request with regard to legal issues pertaining to the project induding any that may be raised by contractor(s), such auditing service as CLIENT may require to ascertain how or for what purpose any contractor has used the monies paid under the construction contract, and such inspection services as CLIENT may require to ascertain that contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. 10. Provide "record" drawings and specifications for all existing physical plants or facilities which are pertinent to the project. 11. Act promptly to approve all pay requests, Supplemental Agreements, or requests for information by TKDA as set forth herein. 12. Require all Utilities with facilities in the CLIENT'S right-of-way to locate and mark said utilities upon request, relocate and/or protect said utilities as determined necessary to accommodate work of the project, submit a schedule of the necessary relocation/protection activities to the CLIENT for review and comply with agreed upon schedule. 13. Provide other services, materials, or data as may be set forth in the Engagement Letter or any Exhibits attached thereto. B. TKDA shall be entitled to rely on the accuracy and completeness of information fumished by the CLIENT. If TKDA finds that any information fumished by the CLIENT is in error or is inadequate for its purpose, TKDA shall promptly notify the CLIENT. ARTICLE 9. OPINIONS OF COST Opinions of probable project cost, construction cost, financial evaluations, feasibility studies, economic analyses of altemate solutions and utilitarian considerations of operations end maintenance costs provided for in the Engagement Letter or any Exhibits attached thereto, are made on the basis of TKDA's experience and qualifications and represent TKDA's judgment as an experienced and qualified design professional. It is recognized that TKDA does not have control over the cost of labor, material, equipment or services fumished by others or over market conditions or contractors' methods of determining their prices, and that any evaluation of any facility to be constructed, or acquired, or work to be performed on the basis of TKDA's cost opinions, must of necessity, be speculative until completion of construction or acquisition. Accordingly, TKDA does not guarantee that proposals, bids or actual costs will not substantially vary from opinions, evaluations or studies submitted by TKDA to CLIENT hereunder. TKDA assumes no responsibility for the accuracy of opinions of probable project costs or construction costs, and provides these estimates for the sole convenience of the CLIENT for the purposes of general project budgeting. ARTICLE 10. CONSTRUCTION PHASE SERVICES CLIENT acknowledges that it is customary for the Architect or Engineer who is responsible for the preparation and furnishing of Drawings and Specifications and other construction -related documents to be employed to provide professional services during the Construction Phases of the project, (1) to interpret and clarify the documentation so fumished and to modify the same as circumstances revealed during bidding and construction may dictate, (2) in connection with acceptance of substitute of or -equal items of materials and equipment proposed by bidders and contractor(s), (3) in connection with review of shop drawings and sample submittals, and (4) as a result of and in response to TKDA's detecting in advance of performance of affected work inconsistencies or irregularities in such documentation. CLIENT agrees that if TKDA is not employed to provide such professional services during the Construction Phases of the project, TKDA will not be responsible for, and CLIENT shall indemnify and hold TKDA (and TKDA's professional associates and consultants) harmless from, all claims, damages, losses and expenses including attorneys' fees arising out of, or resulting from, any interpretation, clarification, substitution acceptance, shop drawing or sample approval or modification of such documentation issued or carried out by CLIENT or others. Nothing contained in this paragraph shall be construed to release TKDA (or TKDA's professional associates or consultants) from liability for failure to perform in accordance with professional standards any duty or responsibility which TKDA has undertaken or assumed under this Agreement. ARTICLE 11. INSURANCE TKDA shall procure and maintain insurance for protection from claims against it under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees, and from claims against it for damages because of injury to or destruction of property. Also, TKDA shall procure and maintain professional liability insurance for protection from claims arising out of performance of professional services caused by any negligent act, error, or omission for which TKDA is legally liable. Certificates of insurance will be provided to the CLIENT upon request. ARTICLE 12. ASSIGNMENT This Agreement, being intended to secure the personal service of the individuals employed by and through whom TKDA performs work hereunder, shall not be assigned, sublet or transferred without the written consent of TKDA and the CLIENT. Any assignment of the Agreement, or daims arising under or relating to the Agreement without the written consent of both Parties shall be null and void. ARTICLE 13. CONTROLLING LAW This Agreement is to be govemed by the laws of the State of Minnesota. ARTICLE 14. SEVERABILITY Any provision or portion thereof in this Agreement which is held to be void or unenforceable under any law shall be deemed stricken, and all remaining provisions shall continue to be valid and binding between CLIENT and TKDA. ARTICLE 15. WAIVER OF CONSEQUENTIAL DAMAGES CLIENT and TKDA waive consequential damages for claims, disputes or other matters in question arising out of or relating to TKDA's services under this Agreement. This mutual waiver of consequential damages applies and survives termination of this Agreement. ARTICLE 16. LIMITATION OF LIABILITY In recognition of the relative risks of CLIENT and TKDA relating to the work, CLIENT agrees, to the extent permitted by law, that TKDA's liability to the CLIENT or anyone claiming through CLIENT for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes including, but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract, or warranty express or implied, of TKDA or its officers, directors, partners, employees, agents, or consultants, or any of them, shall not exceed the total insurance proceeds paid or available on behalf of or to TKDA by its insurers in settlement or satisfaction of CLIENT's claims against TKDA under the terms and conditions of TKDA's insurance policies applicable thereto. ARTICLE 17. CONFLICT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and TKDA agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation as a precondition to any formal legal proceedings. ARTICLE 18. CONFIDENTIALITY TKDA agrees to keep confidential and not to disclose to any person or entity, other than TKDA's employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information furnished to TKDA and marked CONFIDENTIAL by the CLIENT. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict TKDA from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for TKDA to complete services under the Agreement or defend itself from any suit or claim. ARTICLE 19. UNDERGROUND UTILITIES If authorized in the Engagement Letter, TKDA and/or its authorized subconsultant will conduct the research that in its professional opinion is necessary and will prepare a plan indicating the locations intended for subsurface penetrations with respect to assumed locations of underground improvements. Such services by TKDA or its subconsultant will be performed in a manner consistent with the ordinary standard of care. The CLIENT recognizes that the research may not identify all underground improvements and that the information upon which TKDA relies may contain errors or may not be complete. The CLIENT agrees, to the fullest extent permitted by law, to waive all claims and causes of action against TKDA and anyone for whom TKDA may be legally liable, for claims by CLIENT or its contractors for delay or additional compensation relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by TKDA. TKDA GENERAL PROVISIONS JULY 2009 (E10) Jodi Gallup From: Timothy A. Chalupnik <tim.chalupnik@tkda.com> Sent: Monday, June 13, 2016 8:05 AM To: Scott Johnson Subject: RE: Pinto Drive Quiet Zone Application Proposal Scott — For Task F, Revise Roadway Plans to Incorporate ASMs, we estimated $516. Tim Tim Chalupnik, PE Senior Registered Engineer 11111 444 Cedar Street, Suite 1500, Saint Paul, MN 55101 P 651.292.4430 I C 612.868.6904 I tkda.com TKDA Professional Engineer: MN From: Scott Johnson [mailto:Scott.Johnson@ci.medina.mn.us] Sent: Friday, June 10, 2016 12:47 PM To: Timothy A. Chalupnik Cc: Contracts Group; Jeffrey A. Hilden Subject: RE: Pinto Drive Quiet Zone Application Proposal Hi Tim, Thank you for the quote for the quiet zone. I am trying to put together an apples to apples comparison for the Medina City Council. Since TKDA has completed the plans to date, you would still need to complete the plan updates if WSB completed the quiet zone application for Medina. How much would this work cost the City of Medina? Thank you, Scott Johnson City of Medina 1 Jodi Gallup From: Jim Stremel <JStremel@wsbeng.com> Sent: Friday, May 27, 2016 1:05 PM To: Scott Johnson Cc: Tom Kellogg; Sean Delmore Subject: FW: Follow-up Questions Regarding the Highway 55/CR 116 Project Hello Scott, See below for our fee estimate to complete the R/R quiet zone application. If you decide you want to use WSB, we can write up a more formal proposal. Thank you for the opportunity! Jim Stremel, PE Project Manager d: 763-287-8532 I c: 612-419-1549 WSB 8; Associates, Inc. 1701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 WSB I WI)) StarTribune T];]1MAMIS This email, and any files transmitted with it. is confidential and is intended solely for the use of the addressee. If you are not the addressee, please delete this email from your system. Any use of this email by unintended recipients is strictly prohibited. WSR does not accept liability for any errors or omissions which arise as a result of electronic transmission. if verification is required, please request a hard copy From: Sean Delmore Sent: Friday, May 27, 2016 1:03 PM To: Jim Stremel Cc: Mike Shomion; Erik Seiberlich Subject: RE: Follow-up Questions Regarding the Highway 55/CR 116 Project Jim — Quiet Zone Scope: • Review crossing to evaluate if: o The Quiet Zone Risk Index is less than or equal to the Nationwide Significant Risk Threshold. o The Quiet Zone Risk Index is less than or equal to the Risk Index With Horns. • Evaluate the potential Supplementary Safety Measures proposed at the intersection. • Update the US DOT Crossing Inventory Form. • Provide a NO1 to the affected railroads. • Determine how the QZ will be established. • Prepare all necessary paperwork to provide to FRA, USDOT. MnDOT, Hennepin County and City of Medina. • Coordination meeting(s) as necessary 1 Approximate fee estimate - $7,500 Let me know if there are any questions. Sean 763-512-5248 2 Agenda Item #5H Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2016-XX AMENDING 2016 APPOINTMENTS AND DESIGNATIONS TO VARIOUS CITY SERVICES, AUTHORITIES, COMMISSIONS, AND AGENCIES WHEREAS, the City contracts with various consultants and businesses to provide services to the City, and WHEREAS, the City is required to appoint City representatives to City commissions as well as area jurisdictions, agencies, authorities and commissions as indicated by governing documents, State statute, or City codes. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Medina hereby amends the 2016 appointments and designations listed on Exhibit A. Dated: June 21, 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 21, 2016 Scott, At this morning's meeting, there was a certain individual on the Hamel fire department that has a huge anger problem and I no longer choose to work with that individual. It's very clear why the neighboring fire departments choose not to work with them and have taken Hamel off their box alarms. Since the first of the year I have been listening to a scanner to better understand the fire calls. I have learned lots through listening to the scanner. I spoke to our public safety director as recently as yesterday and I was told there are hurt feelings with Hamel and it will take years for things to get better! I showed the public safety director 6 different alarms cases, from Hennepin county dispatch, that the surrounding fire departments answered and none of those fire chiefs have called Hamel to help! 1. Date 1-5-16 7800 Maple Hill Road trailer fire, a Loretto call, several fire departments were on scene but no Hamel. 2. Date 1-14-16 5614 94th Ave. Barn fire, a Hanover call, several fire departments were on scene but, no Hamel. 3. Date 2-12-16 21420 circle lane House fire, a Loretto call, several were on scene but, no Hamel. 4. Date 5-23-16 26080 tucker road barn fire, a Rogers tali, several departments on scene but, no Hamel. 5. Date 5-24-16 motor cafe car dealer fire, a Loretto call, there were 12 fire departments and 100 fire fighters on scene but, no Hamel. 6. Date 6-3-16 16787 39th Ave north house fire Plymouth call, several departments on scene but, no Hamel. Please understand I do not deal with Hennepin county dispatch on a regular basis and may not have all the facts perfect, but, this is accurate to the best of my ability. Back when the city of Corcoran terminated Hamel Fire's contract I was the only council member who attended the Corcoran City council meeting to ask for another chance, I was told, with all due respect, the city of Corcoran had made up the mind to terminate their contract with Hamel fire. I attended many of the merger meetings, when consolidation was talked about, (there was several thousands of dollars spent on that study) and consolidation was the best solution. The Hamel roster looks to be around 22 fire fighters and going down. The other 3 departments that serve the city of Medina have rosters around 30 and have a waiting list.. Seems like a pattern, but, Hamel still does not get it! Personally I am scared of Hamel's ability and I am tired of worrying about it! I have said in the past that I have concerns with Hamel's ability and been told it will be "ok". I'm only stepping down because I cannot make people understand the seriousness of this matter! My hope is the new liaison can make that difference. Thanks, Jeff Exhibit A Council Office/Liaisons 2016 Appointment(s) Acting Mayor Jeff Pederson Public Safety Liaison Kathleen Martin Public Works Liaison Jeff Pederson Planning & Zoning Liaison John Anderson Parks Liaison Lorie Cousineau Administration Liaison Bob Mitchell City Consultants Auditing Services Abdo Eick and Meyers LLP Building Inspector Metro West Inspection City Assessor Southwest Assessing (Rolf Erickson) City Attorney Kennedy & Graven (Ron Batty) City Engineer WSB (Tom Kellogg) Financial Ehlers & Associates, Inc. Fire Marshal Loren Kohnen Metro West Inspection (alternate) IT Cipher Laboratories (Mike Brocco) Planning Consultant Northwest Associated Consultants, Inc. Prosecuting Attorney Tallen & Baertschi (Steve Tallen) City Staff City Clerk Jodi Gallup City Treasurer Erin Barnhart Human Resource Officers Scott Johnson Jodi Gallup (alternate) Data Compliance Officials Scott Johnson Jodi Gallup (alternate) Ed Belland - Police Cec Vieau - Police Erin Barnhart - Finance Dusty Finke - Planning Steve Scherer - Public Works Responsible Authority for MN Government Data Practices Act Scott Johnson Jodi Gallup Zoning Administrator Dusty Finke Deb Peterson (alternate) City Committee, Agency, Commission Representatives Communities in Collaboration Council Ed Belland Elm Creek Watershed (2nd Wednesday @ 11:30 a.m., Maple Grove City Hall) Elizabeth Weir Madeleine Linck (alternate) Hamel VFD Relief Association (2nd Monday @ 8:00 p.m.) (need 2 elected officials as ex-officio members) Jeff Pederson Kathleen Martin (1st alternate) Resolution No. 2016-51 June 21, 2016 1 Exhibit A Highway 55 Corridor Coalition Joint Powers Jeff Pederson Scott Johnson (1st alternate) Lake Independence TMDL through Pioneer -Sarah Creek Watershed Hakanson Anderson Scott Johnson (alternate) Lake Sarah TMDL through Pioneer -Sarah Creek Watershed Hakanson Anderson Scott Johnson (alternate) Elm Creek TMDL through Elm Creek Watershed Hakanson Anderson Elizabeth Weir (alternate) Minnehaha Creek Watershed Elizabeth Weir Northwest Hennepin League of Municipalities (2nd Wednesday @ 6:30 p.m.) Bob Mitchell Kathleen Martin (alternate) I-94 Chamber of Commerce Jodi Gallup (alternate) Scott Johnson (alternate) Pioneer -Sarah Creek Watershed (third Thursday @ 4:00 p.m., Independence City Hall) Mike McLaughlin Pat Wulff (1st alternate) Scott Johnson (2nd alternate) Elizabeth Weir (3rd alternate) Uptown Hamel Inc. (Business Assn.) (third Tuesday @ Noon, location changes) Jeff Pederson Scott Johnson (alternate) Weed and Tree Inspector Steve Scherer Cable Franchise Liaison Judy Mallett Designation of Official Depositories & Investment of Idle Funds Farmers State Bank of Hamel 21 st Century Bank of Loretto Citigroup/Smith Barney MBIA Voyageur Asset Management Inc./(4M) Fund RBC Dain Rauscher, Inc. Designation of Official City Legal Newspaper Crow River News Planning Commission Appointments Three Year Term Chris Barry Three Year Term Robin Reid Park Commission Appointments Three Year Term Steve Lee Two Year Term Michelle Beddor Three Year Term Lisa Cole Resolution No. 2016-51 June 21, 2016 2 0 LEADERS IN PUBLIC FINANCE EHLERS June 21, 2016 Pre -Sale Report for City of Medina, Minnesota $1,280,000 General Obligation Refunding Bonds, Series 2016A MEDINA Prepared by: Shelly Eldridge Senior Municipal Advisor And Stacie Kvilvang Senior Municipal Advisor 1 800-552-1171 I www.ehlers-inacom Executive Summary of Proposed Debt Proposed Issue: $1,280,000 General Obligation Refunding Bonds, Series 2016A Purposes: The proposed issue includes financing to Advance Crossover refund the 2018 through 2024 outstanding maturities of the City's 2008A Bonds which are callable (pre -payable) on February 1, 2017. The 2008A Bonds were originally issued to finance the Hamel Road improvements in Uptown Hamel The debt service will continue to be paid with special assessments and tax increments from the City's Tax Increment District No. 1-9. Interest rates on the 2008A Bonds proposed to be refunded are 4.00%. The refunding is expected to reduce interest expense by approximately $69,622 over the next 7 years. The Net Present Value Benefit of the refunding is estimated to be $66,306, equal to an average of 5.43% of the refunded principal. This refunding is considered an Advance Refunding as the new Bonds will be issued more than 90 days prior to the call date of the obligations being refunded. Authority: The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429, 469 and 475. Because the City assessed at least 20% of the project costs, the Bonds were issued and will continue to be a general obligation without a referendum and will not count against the City's debt limit. The debt service not paid with assessments is being paid with tax increments. The Bonds will be general obligations of the City for which its full faith, credit and taxing powers are pledged. Term/Call Feature: The Bonds are being issued for an 8 year term. Principal on the Bonds will be due on February 1 in the years 2018 through 2024. Interest is payable every six months beginning February 1, 2017. The Bonds are being offered without option of prior redemption. Bank Qualification: Because the City is expecting to issue no more than $10,000,000 in tax exempt debt during the calendar year, the City will be able to designate the Bonds as "bank qualified" obligations. Bank qualified status broadens the market for the Bonds, which can result in lower interest rates. Rating: The City's most recent bond issues were rated Aa2 by Moody's Investors Service. The City will request a new rating for the Bonds. If the winning bidder on the Bonds elects to purchase bond insurance, the rating for the issue may be higher than the City's bond rating in the event that the bond rating of the insurer is higher than that of the City. Presale Report City of Medina, Minnesota June 21, 2016 Page 1 Basis for Recommendation: Based on our knowledge of your situation, your objectives communicated to us, our advisory relationship as well as characteristics of various municipal financing options, we are recommending the issuance of general obligation bonds as a suitable financing option for the following reasons: • The City's policy and past practice has been to refinance outstanding bonds with this type of debt issue. • This is a cost-effective option among the limited other options available to refinance these types of bonds. • General obligation bonds provide the lowest possible interest cost resulting the highest level of savings. Method of Sale/Placement: In order to obtain the lowest interest cost to the City, we will competitively bid the purchase of the Bonds from local and national underwriters/banks. We have included an allowance for discount bidding equal to 1.00% of the principal amount of the issue. The discount is treated as an interest item and provides the underwriter with all or a portion of their compensation in the transaction. If the Bonds are purchased at a price greater than the minimum bid amount (maximum discount), the unused allowance may be used to lower your borrowing amount. Premium Bids: Under current market conditions, most investors in municipal bonds prefer "premium" pricing structures. A premium is achieved when the coupon for any maturity (the interest rate paid by the issuer) exceeds the yield to the investor, resulting in a price paid that is greater than the face value of the bonds. The sum of the amounts paid in excess of face value is considered "reoffering premium." For this issue of Bonds we have been directed to use the premium to reduce the size of the issue. The adjustments may slightly change the true interest cost of the original bid, either up or down. You have the choice to limit the amount of premium in the bid specifications. This may result in fewer bids, but it may also eliminate large adjustments on the day of sale and other uncertainties. Other Considerations: The proceeds of the new bonds will be placed with an escrow agent who will hold the funds and pay interest on the new bonds until the call date and to prepay the old bonds at the first opportunity. The escrow account may be invested in either special government securities (SLGS) designed to fund escrows or in open market securities bid through a bidding agent. Current estimates show more savings using SLGS. The escrow will be verified by a verification agent. Review of Existing Debt: We have reviewed all outstanding indebtedness for the City and find that, other than the obligations proposed to be refunded by the Bonds, there are no other refunding opportunities at this time. Presale Report City of Medina, Minnesota June 21, 2016 Page 2 We will continue to monitor the market and the call dates for the City's outstanding debt and will alert you to any future refunding opportunities. Continuing Disclosure: Because the City has more than $10,000,000 in outstanding debt (including this issue) and this issue is over $1,000,000, the City will be agreeing to provide certain updated Annual Financial Information and its Audited Financial Statement annually as well as providing notices of the occurrence of certain reportable events to the Municipal Securities Rulemaking Board (the "MSRB"), as required by rules of the Securities and Exchange Commission (SEC). The City is already obligated to provide such reports for its existing bonds, and has contracted with Ehlers to prepare and file the reports. Arbitrage Monitoring: Because the Bonds are tax-exempt obligations/tax credit obligations, the City must ensure compliance with certain Internal Revenue Service (IRS) rules throughout the life of the issue. These rules apply to all gross proceeds of the issue, including initial bond proceeds and investment earnings in construction, escrow, debt service, and any reserve funds. How issuers spend bond proceeds and how they track interest earnings on funds (arbitrage/yield restriction compliance) are common subjects of IRS inquiries. Your specific responsibilities will be detailed in the Tax Certificate prepared by your Bond Attorney and provided at closing. You have retained Ehlers to assist you with compliance with these rules. Risk Factors: Special Assessments: We assumed no pre -paid special assessments and we have assumed that assessments will continue to be levied as projected. If the City receives a significant amount of pre -paid assessments, it may need to increase the levy or tax increment portion of the debt service to make up for lower interest earnings than the expected assessment interest rate. Advance Refunding: The Bonds are being issued for the purpose of "advance" refunding prior City debt obligations. Only one advance refunding of an original tax-exempt debt obligation is permitted under current IRS rules. This refunding is being undertaken based in part on the following assumptions: • Since the new Bonds will extend the "call" date for this debt, we are assuming that the City does not expect to have revenues available to pre -pay the current obligations prior to this new call date. • That advance refunding the 2008A will provide an overall lower debt cost as compared to waiting to refund the issue until its call date Other Service Providers: This debt issuance will require the engagement of other public finance service providers. This section identifies those other service providers, so Ehlers can coordinate their engagement on your behalf. Where you have previously used a particular firm to provide a service, we have assumed that you will continue that relationship. For services you have not previously required, we have identified a service provider. Fees charged by these service providers will be paid from proceeds of the obligation, unless you notify us that you wish to pay them from other sources. Our pre -sale bond sizing includes a good faith estimate of these fees, so their final fees may vary. If you have any questions Presale Report City of Medina, Minnesota June 21, 2016 Page 3 pertaining to the identified service providers or their role, or if you would like to use a different service provider for any of the listed services please contact us. Bond Attorney: Kennedy & Graven, Chartered Paying Agent: Bond Trust Services Corporation Rating Agency: Moody's Investors Service CPA Escrow Verification Agent: Barthe & Wahrman Escrow Agent: U.S. Bank This presale report summarizes our understanding of the City's objectives for the structure and terms of this financing as of this date. As additional facts become known or capital markets conditions change, we may need to modify the structure and/or terms of this financing to achieve results consistent with the City's objectives. Presale Report City of Medina, Minnesota June 21, 2016 Page 4 Proposed Debt Issuance Schedule Pre -Sale Review by City Council: June 21, 2016 Distribute Official Statement: Week of July 4, 2016 Conference with Rating Agency: Between July 6 and 11, 2016 City Council Meeting to Award Sale of the Bonds: July 19, 2016 Estimated Closing Date: August 11, 2016 Redemption Date for Bond February 1, 2017 Attachments Sources and Uses of Funds Proposed Debt Service Schedule Refunding Savings Analysis Resolution Authorizing Ehlers to Proceed With Bond Sale Ehlers Contacts Municipal Advisors: Shelly Eldridge (651) 697-8504 Stacie Kvilvang (651) 697-8506 Disclosure Coordinator: Elizabeth Greiter (651) 697-8550 Financial Analyst: Alicia Gage (651) 697-8551 The Official Statement for this financing will be provided to the City Council at their home or e-mail address for review prior to the sale date. 0 Presale Report City of Medina, Minnesota June 21, 2016 Page 5 City of Medina, Minnesota $1,280,000 General Obligation Refunding Bonds, Series 2016A Issue Summary - Proposed Crossover Refunding of 2008A G.O. Bonds Assuming Current G.O. BQ "Aa2" Market Rates plus 15bps Total Issue Sources And Uses Dated 08/11/2016 I Delivered 08/11/2016 Xover Ref 08A - Xover Ref Xover Ref Special 08A - TIF 08A - Tax Assessement/ Revenue Increment Issue Levy (429) (429) (469) Summary Sources Of Funds Par Amount of Bonds Total Sources Uses Of Funds $695,000.00 $195,000.00 $390,000.00 $1,280,000.00 $695,000.00 $195,000.00 $390,000.00 $1,280,000.00 Total Underwriter's Discount (1.000%) Costs of Issuance Deposit to Crossover Escrow Fund Rounding Amount Total Uses 6,950.00 22,533.20 663,595.49 1,921.31 $695,000.00 1,950.00 3,900.00 6,322.26 12,644.54 185,225.30 376,671.88 1,502.44 (3,216.42) $195,000.00 $390,000.00 12,800.00 41,500.00 1,225,492.67 207.33 $1,280,000.00 Series 2016A GO Ref Bonds I Issue Summary 16/ 3/2016 11:37 PM 0 LEADERS IN PUBLIC FINANCE EHLERS City of Medina, Minnesota $1,280,000 General Obligation Refunding Bonds, Series 2016A Issue Summary - Proposed Crossover Refunding of 2008A G.O. Bonds Assuming Current G.O. BQ "Aa2" Market Rates plus 15bps Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 08/ 11 /2016 - - - 02/01/2017 - 7,946.32 7,946.32 7,946.32 08/01/2017 - 8,413.75 8,413.75 02/01/2018 175,000.00 1.000% 8,413.75 183,413.75 191,827.50 08/01/2018 - 7,538.75 7,538.75 02/01/2019 175,000.00 1.150% 7,538.75 182,538.75 190,077.50 08/01/2019 - 6,532.50 6,532.50 02/01/2020 175,000.00 1.200% 6,532.50 181,532.50 188,065.00 08/01 /2020 - 5,482.50 5,482.50 02/01/2021 185,000.00 1.300% 5,482.50 190,482.50 195,965.00 08/01 /2021 - 4,280.00 4,280.00 02/01/2022 185,000.00 1.400% 4,280.00 189,280.00 193,560.00 08/01 /2022 - 2,985.00 2,985.00 02/01/2023 190,000.00 1.500% 2,985.00 192,985.00 195,970.00 08/01 /2023 - 1,560.00 1,560.00 02/01/2024 195,000.00 1.600% 1,560.00 196,560.00 198,120.00 Total $1,280,000.00 $81,531.32 $1,361,531.32 Yield Statistics Bond Year Dollars Average Life Average Coupon Net Interest Cost (NIC) True Interest Cost (TIC) Bond Yield for Arbitrage Purposes All Inclusive Cost (AIC) IRS Form 8038 $5,824.44 4.550 Years 1.3998128% 1.6195763% 1.6278937% 1.3977429% 2.3958429% Net Interest Cost Weighted Average Maturity Series 2016A GO Ref Bonds I Issue Summary 16/ 3/2016 11:37 PM l .3998128% 4.550 Years 0 LEADERS IN PUBLIC FINANCE EHLERS City of Medina, Minnesota $1,280,000 General Obligation Refunding Bonds, Series 2016A Issue Summary - Proposed Crossover Refunding of 2008A G.O. Bonds Assuming Current G.O. BQ "Aa2" Market Rates plus 15bps Net Debt Service Schedule Const Loan Fiscal Date Principal Coupon Interest Total P+I Pmt Existing D/S Net New D/S Total 08/11/2016 - - - - (207.33) 02/01/2017 - 7,946.32 7,946.32 (1,227,946.32) 1,244,400.00 24,400.00 24,192.67 08/01/2017 - 8,413.75 8,413.75 - - 8,413.75 02/01/2018 175,000.00 1.000% 8,413.75 183,413.75 - - 183,413.75 191,827.50 08/01/2018 7,538.75 7,538.75 7,538.75 02/01/2019 175,000.00 1.150% 7,538.75 182,538.75 - - 182,538.75 190,077.50 08/01/2019 6,532.50 6,532.50 6,532.50 02/01/2020 175,000.00 1.200% 6,532.50 181,532.50 - - 181,532.50 188,065.00 08/01/2020 - 5,482.50 5,482.50 - - 5,482.50 02/01/2021 185,000.00 1.300% 5,482.50 190,482.50 - - 190,482.50 195,965.00 08/01/2021 - 4,280.00 4,280.00 - - 4,280.00 02/01/2022 185,000.00 1.400% 4,280.00 189,280.00 189,280.00 193,560.00 08/01/2022 - 2,985.00 2,985.00 - 2,985.00 02/01/2023 190,000.00 1.500% 2,985.00 192,985.00 - 192,985.00 195,970.00 08/01/2023 - 1,560.00 1,560.00 1,560.00 02/01/2024 195,000.00 1.600% 1,560.00 196,560.00 - - 196,560.00 198,120.00 Total $1,280,000.00 - $81,531.32 $1,361,531.32 (1,227,946.32) $1,244,400.00 $1,377,777.67 Series 2016A GO Ref Bonds I Issue Summary 16/ 3/2016 11:37 PM ellLEADERS IN PUBLIC FINANCE EHLERS City of Medina, Minnesota $695,000 General Obligation Refunding Bonds, Series 2016A Xover Ref 08A - Special Assessement/Levy (429) Assuming Current G.O. BQ "Aa2" Market Rates plus 15bps Debt Service Comparison Const Loan Existing Net New Date Total P+I Pmt D/S D/S Old Net D/S Savings 02/01/2017 4,303.13 (664,924.13) 673,833.42 11,291.11 13,212.42 1,921.31 02/01/2018 109,112.50 - 109,112.50 112,422.84 3,310.34 02/01/2019 103,112.50 103,112.50 108,982.92 5,870.42 02/01/2020 102,020.00 102,020.00 109,452.00 7,432.00 02/01/2021 105,880.00 105,880.00 109,764.72 3,884.72 02/01/2022 104,580.00 104,580.00 109,921.08 5,341.08 02/01/2023 103,180.00 103,180.00 109,921.08 6,741.08 02/01 /2024 106,680.00 106,680.00 109,764.72 3,084.72 Total $738,868.13 (664,924.13) $673,833.42 $745,856.11 $783,441.78 $37,585.67 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings Net PV Cashflow Savings @ 1.398%(Bond Yield) Contingency or Rounding Amount Net Present Value Benefit Net PV Benefit / $724,434.04 PV Refunded Debt Service Net PV Benefit / $660,621 Refunded Principal... Net PV Benefit / $695,000 Refunding Principal.. Refunding Bond Information 33,768.16 33,768.16 1,921.31 $35,689.47 4.927% 5.402% 5.135% Refunding Dated Date 8/11/2016 Refunding Delivery Date 8/ 11 /2016 Series 2016A GO Ref Bonds I Xover Ref 08A - Special A 16/ 3/2016 11:37 PM EHLERS LEADERS IN PUBLIC FINANCE City of Medina, Minnesota $195,000 General Obligation Refunding Bonds, Series 2016A Xover Ref 08A - TIF Revenue (429) Assuming Current G.O. BQ "Aa2" Market Rates plus 15bps Debt Service Comparison Const Loan Existing Net New Date Total P+I Pmt D/S D/S Old Net D/S Savings 02/01/2017 1,217.15 (185,596.15) 188,066.58 2,185.14 3,687.58 1,502.44 02/01/2018 27,577.50 - 27,577.50 31,377.16 3,799.66 02/01/2019 27,327.50 27,327.50 30,417.08 3,089.58 02/01/2020 27,040.00 27,040.00 30,548.00 3,508.00 02/01/2021 31,740.00 - 31,740.00 30,635.28 (1,104.72) 02/01/2022 31,350.00 - 31,350.00 30,678.92 (671.08) 02/01/2023 30,930.00 - 30,930.00 30,678.92 (251.08) 02/01/2024 30,480.00 - 30,480.00 30,635.28 155.28 Total $207,662.15 (185,596.15) $188,066.58 $208,630.14 $218,658.22 $10,028.08 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings Net PV Cashflow Savings @ 1.398%(Bond Yield) Contingency or Rounding Amount Net Present Value Benefit Net PV Benefit / $202,189.19 PV Refunded Debt Service Net PV Benefit / $184,379 Refunded Principal... Net PV Benefit / $195,000 Refunding Principal.. Refunding Bond Information 8,364.34 8,364.34 1,502.44 $9,866.78 4.880% 5.351 % 5.060% Refunding Dated Date 8/11/2016 Refunding Delivery Date 8/11/2016 Series 2016A GO Ref Bonds I Xover Ref 08A - TIF Reven 16/ 3/2016 11:37 PM EHLERS LEADERS IN PUBLIC FINANCE City of Medina, Minnesota $390,000 General Obligation Refunding Bonds, Series 2016A Xover Ref 08A - Tax Increment (469) Assuming Current G.O. BQ "Aa2" Market Rates plus 15bps Debt Service Comparison Const Loan Existing Net New Date Total P+I Pmt D/S D/S Old Net D/S Savings 02/01/2017 2,426.04 (377,426.04) 382,500.00 10,716.42 7,500.00 (3,216.42) 02/01/2018 55,137.50 - 55,137.50 60,000.00 4,862.50 02/01/2019 59,637.50 59,637.50 63,200.00 3,562.50 02/01/2020 59,005.00 - 59,005.00 61,200.00 2,195.00 02/01/2021 58,345.00 58,345.00 64,200.00 5,855.00 02/01/2022 57,630.00 57,630.00 62,000.00 4,370.00 02/01/2023 61,860.00 61,860.00 64,800.00 2,940.00 02/01/2024 60,960.00 60,960.00 62,400.00 1,440.00 Total $415,001.04 (377,426.04) $382,500.00 $423,291.42 $445,300.00 $22,008.58 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings Net PV Cashflow Savings @ 1.398%(Bond Yield) Contingency or Rounding Amount Net Present Value Benefit Net PV Benefit / $411,580.96 PV Refunded Debt Service Net PV Benefit / $375,000 Refunded Principal... Net PV Benefit / $390,000 Refunding Principal.. Refunding Bond Information 23,965.91 23,965.91 (3,216.42) $20,749.49 5.041 5.533% 5.320% Refunding Dated Date 8/11/2016 Refunding Delivery Date 8/ 11 /2016 Series 2016A GO Ref Bonds I Xover Ref 08A - Tax Incre 16/ 3/2016 11:37 PM EHLERS LEADERS IN PUBLIC FINANCE Resolution No. Council Member introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $1,280,000 General Obligation Refunding Bonds, Series 2016A A. WHEREAS, the City Council of the City of Medina, Minnesota has heretofore determined that it is necessary and expedient to issue the City's $1,280,000 General Obligation Refunding Bonds, Series 2016A (the "Bonds"), to advance crossover refund the outstanding maturities of the City's General Obligation Bonds, Series 2008A for interest cost savings; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent municipal advisor for the Bonds in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota, as follows: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to assist the [Jurisdiction Type] for the sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at 7:00 p.m. on July 19, 2016, for the purpose of considering proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by City Council Member and, after full discussion thereof and upon a vote being taken thereon, the following City Council Members voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Dated this 21st day of June, 2016. City Clerk Agenda Item #7A2 Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2016- RESOLUTION PROVIDING FOR SALE OF $1,280,000 GENERAL OBLIGATION REFUNDING BONDS; SERIES 2016A WHEREAS, the City Council of the City of Medina, Minnesota has heretofore determined that it is necessary and expedient to issue the City's $1,280,000 General Obligation Improvement Bonds, Series 2016A (the "Bonds"), to advance crossover refund the outstanding maturities of the City's General Obligation Bonds, Series 2008A for interest cost savings; and WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent municipal advisor for the Bonds in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota, as follows: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to assist the municipality with the sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at 7:00 P.M. on July 19, 2016, for the purpose of considering proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. Dated: June 21, 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 2016- June 21, 2016 Agenda Item #8A MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: June 15, 2016 MEETING: June 21, 2016 City Council SUBJ: Deerhill Preserve (formerly Stonegate) CD-PUD Final Plat; Right -of -Way Vacation; Deerhill Road Public Improvement Project Background On October 6, 2015, the City Council granted preliminary approval to Property Resources Development Corporation for the Stonegate Conservation Design -Planned Unit Development (CD-PUD). On that date, the Council adopted Ordinance 588 and Resolution 2015-85, granting preliminary plat approval and approving the CD-PUD rezoning subject to a number of conditions. The approved preliminary plat included 41 single family homes and approximately 90 acres of permanent conservation area to be protected with a conservation easement. The applicant has now requested final approval of the plat. The applicant proposes to develop the property in phases, with this initial plat to include 10 of the single family lots on the northeast portion of the site. Outlots B, C, E, F, I, K, and N include the Conservation Area and will be protected by a permanent conservation easement dedicated to the Minnehaha Creek Watershed District. Outlot A is proposed to be deeded to the City and includes additional conservation area. Outlots D, G, H, J, L, and M are intended to be replatted to include the remaining 31 lots in future phases. The Developer has also requested that the City vacate much of the right-of-way which they believe exists on their property for Deerhill Road which is located along the section line. The section line bisects some of their lots as well as some of the conservation areas. The City Council reviewed the Plat and Easement Vacation at the April meeting and directed staff to prepare approval documents, subject to the applicant finalizing documentation related to the Conservation Easement with Minnehaha Creek and also finalizing the Development Agreement. The Conservation Easement and Land Stewardship Plan were provided at the June 7 meeting and if you would like a copy, please let staff know. The resolutions related to final plat and right-of-way vacation approval are attached for review and potential action. The Applicant has requested that the City Council consider a reduction in the required park dedication for the development in recognition of the permanently protected Conservation Area. This subject will be further discussed below. The Applicant has requested that the City construct Deerhill Road and turn lane improvements on Homestead Trail as a public improvement project, the cost of which will be fully assessed against the property within the development. The City had previously agreed to construct the main access road through a public improvement project. Documents related to the public Deerhill Preserve Page 1 of 3 June 21, 2016 Final Plat; ROW Vacation; Public Improvement Project City Council Meeting improvement project are described later in this report and are attached for consideration and action. Final Plat/Development Agreement/Park Dedication Staff has had a number of discussions with the applicant related to the various requirements in the Development Agreement and have been able to come to an agreement on most items. Throughout the review process, the applicant has requested that the City consider a reduction in the required park dedication for the development in recognition of the permanently protected Conservation Area. The Conservation Design -Planned Unit Development (CD-PUD) ordinance allows for such a reduction. The reduction would be at the full discretion of the City Council and only within the context of the CD-PUD subdivision. If the City Council supports the CD-PUD subdivision, staff believes the flexibility on park dedication is a good incentive for the project. On the other hand, staff recognizes that the substantial density increase has been justified by the conservation area and that there is risk of "double dipping." Staff and the applicant discussed the possibility of considering the park dedication fee based on what would be expected in a conventional Rural Residential development. For example, if the fee were based on base density of the site (rather than the full CD-PUD density) of 221ots and only on the area outside of the conservation easement. Staff and the developer have discussed numerous approaches and various numbers. In the end, the parties concluded that the best approach was to agree on a specific number based on the City's inherent flexibility under the CD-PUD ordinance. That number is $102,000. For the sake of comparison, the full park dedication requirement which has been discussed through the preliminary plat process was: 1) Deeding of outlot A (1.77 acre) 2) Granting trail easements throughout conservation area (2.9 acre) 3) Fee of $178,636.42 Staff believes the framework for flexibility discussed above is reasonable if the City Council believes park dedication flexibility is warranted to support the CD-PUD project. In such a case, staff would recommend that condition 10 be updated to: "The Developer shall deed Outlot A to the City for parks, trails, and open space purposes. In lieu of dedicating additional property, the Developer shall pay a park dedication fee -in - lieu of $102,000. Deerhill Road Public Improvement Project The applicant has submitted a feasibility report and plans and specifications related to the construction of Deerhill Road and the Homestead Trail turn lane. The City Engineer has reviewed and provided a number of comments in order to prepare them for the public bidding process. Deerhill Preserve Page 2 of 3 June 21, 2016 Final Plat; ROW Vacation; Public Improvement Project City Council Meeting The applicant will be required to enter into a petition and waiver agreement with the City in order for the City to undertake the public improvement project. This document waives the need for any formal hearings on the project or the assessments of the costs against the property. However, the City still needs to take the normal actions of the public improvement process. This includes accepting the feasibility report, ordering the project, approving plans and specifications and advertising for bids. A resolution conducting these activities is attached for action. At future meetings, the City will accept bids and enter into a contract related to the project and will ultimately adopt an assessment roll. In the intervening time, the City will also be selling bonds to finance the project. Staff Recommendation 1. Motion to adopt the resolution granting final plat approval for Deerhill Preserve 2. Motion to approve the conservation design -planned unit development agreement by and between the City of Medina and Property Resources Development Corporation for Deerhill Preserve 3. Motion to adopt the resolution vacating a portion of the Deerhill Road right-of-way approximately one-half mile west of Willow Drive 4. Motion to adopt the ordinance establishing the Deerhill Preserve Storm Sewer Improvement Tax District 5. Motion to adopt the resolution authorizing the publication of the Deerhill Preserve Storm Sewer Improvement Tax District by title and summary 6. Motion to adopt the resolution regarding the 2016 Deerhill Road Extension public improvement project Attachments 1. Engineering Comments 2. Final Plat Resolution 3. Resolution approving right-of-way vacation 4. Ordinance establishing Deerhill Preserve Storm Sewer Improvement Tax District 5. Resolution authorizing publication by title and summary 6. Resolution regarding the 2016 Deerhill Road Extension Public Improvement Project 7. Development Agreement 8. Feasibility Report for 2016 Deerhill Road Extension Public Improvement Project 9. 2016 Deerhill Road Extension Public Improvement Project Plans 10. Final Plat of Deerhill Preserve received by the City on June 9, 2016 11. Construction plans for Deerhill Preserve received by the City on May 3, 2016 Deerhill Preserve Page 3 of 3 June 21, 2016 Final Plat; ROW Vacation; Public Improvement Project City Council Meeting DRAFT CONSERVATION DESIGN -PLANNED UNIT DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MEDINA AND PROPERTY RESOURCES DEVELOPMENT CORPORATION FOR DEERHILL PRESERVE This document drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 (RHB) 476494v10 RHB ME230-630 TABLE OF CONTENTS PAGE 1 Zoning; Number of Units; Phased Development 1 2. Right to Proceed 2 3 Plans; Improvements; Subdivision Density 3 4. Erosion Control 3 5. Site Grading; Haul Routes 4 6. Construction of Subdivision Improvements 5 7. Streets 6 8. Septic Systems and Wells 9 9. Stormwater Improvements 9 10. Landscaping Plan 10 11. Street Lighting and Signs 11 12. Conservation Easement; Land Stewardship Plan 11 13. Letter of Credit 12 14. Homeowners' Association 13 15. Upland Buffer Easement 13 16. Official Controls 14 17. Park Dedication Requirements 14 18. Responsibility for Costs; Escrow for Construction Inspection 14 19. Developer's Default 15 20. Insurance 15 21. No Building Permits Approved; Certificates of Occupancy 15 22. Clean up and Dust Control 16 23. Compliance with Laws 16 24. Agreement Runs With the Land 16 25. Indemnification 16 26. Assignment 16 27. Notices 17 28. Severability 17 29. Non -waiver 17 30. Counterparts 18 31. Estoppel Certificate; Partial Release 18 SIGNATURES 19-20 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J LEGAL DESCRIPTION OF PROPERTY LIST OF PLAN DOCUMENTS FORM OF STORMWATER MAINTENANCE AGREEMENT SUBDIVISION IMPROVEMENT COST ESTIMATE FORM OF UPLAND BUFFER EASEMENT AGREEMENT CONSERVATION EASEMENT FORM OF LICENSE AGREEMENT FOR MAINTENANCE LAND STEWARDSHIP PLAN FORM OF RIGHT-OF-WAY EASEMENT PETITION AND WAIVER AGREEMENT 476494v10 RHB ME230-630 This Conservation Design -Planned Unit Development Agreement (the "Agreement") is made and entered into this day of , 2016 by and between the city of Medina, a municipal corporation under the laws of Minnesota (the "City"), and Property Resources Development Corporation, a Minnesota corporation (the "Developer"). WITNESSETH: WHEREAS, Stonegate Farm, Inc., a Minnesota corporation (the "Owner") is the fee owner of the real property legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, on October 6, 2015, the City rezoned the Property to Conservation Design - Planned Unit Development District ("CD-PUD"), approved the Deerhill Preserve Oka Stonegate) Conservation Design -Planned Unit Development General Plan of Development (the "CD-PUD General Plan") and granted preliminary approval of the plat of Deerhill Preserve (fka Stonegate) (the "Subdivision"); and WHEREAS, the Developer intends to develop the Subdivision with 41 single-family residential dwellings; and WHEREAS, the Owner and the Developer have requested final approval of the plat of Deerhill Preserve; and WHEREAS, the CD-PUD General Plan and approval of the final plat of Deerhill Preserve are contingent upon the Developer and the City entering into an agreement for development of the Property. NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the parties agree as follows: 1. Zoning; Number of Units; Phased Development. a) Subject to execution of this Agreement and recording the final plat of Deerhill Preserve, the Property has been zoned Conservation Design -Planned Unit Development and may be developed with no more than 41 single family dwellings. Forty-one units represent a significant increase in the density which was allowed under the previous zoning designation and was approved because the City, based on the plans submitted by the Developer, determined that the Subdivision, with its conservation area and other features, met the intent and purposes of the City's conservation design ordinance. Approval of the 41 units is strictly conditioned upon the Developer's compliance with all terms and conditions of City Ordinance No. 588, the CD-PUD General Plan and this Agreement. The Developer intends to develop the Subdivision in a number of phases. The plat of Deerhill Preserve encompasses all of the Property, including the platting of 10 of the 41 lots as the Developer's first phase ("Phase I"). Some of the Outlots within Deerhill Preserve will be replatted in the future to create the remaining 31 lots as identified on the preliminary plat and in accordance with the terms and conditions of preliminary plat approval (hereinafter individually referred to as a "Phase" and collectively as "Phases"). 1 476494v10 RHB ME230-630 b) This Agreement pertains to all of the Property and will be recorded against the same but certain provisions herein will relate more specifically to the 10 lots in Phase I. The City and the Developer intend to enter into additional development agreements with each subsequent Phase of the Subdivision which will relate more specifically to the lots and other development matters within each future Phase. 2. Right to Proceed. The Developer may not construct public or private improvements or any buildings within the Subdivision until all the following conditions precedent have been satisfied: a) the final plat of Deerhill Preserve has been filed with Hennepin County; b) this Agreement has been executed by the Developer and the City; c) the required Letter of Credit (as hereinafter defined) has been received by the City from or on behalf of the Developer; d) final engineering and construction plans in digital form regarding the Subdivision Improvements (as hereinafter defined) have been submitted by the Developer and approved by the City engineer; e) the Developer has reimbursed the City for all legal, engineering and administrative expenses incurred to date by the City regarding the Subdivision and has deposited with the City the additional inspection escrow required by this Agreement; f) the Developer and the City have entered into a Stormwater Maintenance Agreement substantially in the form attached hereto as Exhibit C; g) the Developer has executed the Upland Buffer Easement Agreement substantially in the form attached hereto as Exhibit E; h) the Developer has submitted the storm sewer improvement tax district disclosure statement required by this Agreement; i) the Developer has provided to the City a warranty deed for Outlot A as required by this Agreement; j) the Developer has submitted and the City has approved the certified grading plan; k) the Developer has submitted to the City plans and specifications for the Public Improvements (as hereinafter defined) deemed satisfactory by the City for solicitation for bids under Minnesota Statutes, Chapter 429; 1) the City has received all required permits from Hennepin county to complete the Public Improvements; m) the Developer and the Holder (as hereinafter defined) have executed a Conservation Easement in the form attached hereto as Exhibit F; n) all erosion control measures are in place; o) the Developer has received all required permits from the Minnehaha Creek Watershed District, the Minnesota Pollution Control Agency and any other entity having jurisdiction over the Subdivision; p) the Developer has executed the right-of-way easement substantially in the form attached hereto as Exhibit I; q) the Developer has executed the License Agreement for Maintenance substantially in the form attached hereto as Exhibit G; 2 476494v10 RHB ME230-630 r) the Owner has executed the Petition and Waiver Agreement in the form attached hereto as Exhibit J. s) the Developer or the Developer's engineer has initiated and attended a preconstruction meeting with the City engineer and staff; and t) the City has issued a notice that all conditions precedent have been satisfied and that the Developer may proceed to construct the improvements contemplated by this Agreement. 3. Plans; Improvements; Subdivision Density. a) The Developer agrees to develop the Subdivision in accordance with the CD-PUD General Plan, City Ordinance No. 588, the terms and conditions of City resolution 2016- granting final plat approval (collectively, the "City Approvals") and this Agreement. The City Approvals are hereby incorporated by reference into this Agreement and made a part hereof. In the event of a conflict between the terms of the City Approvals and this Agreement, this Agreement shall control. The Developer also agrees to construct all required private improvements within the Subdivision in accordance with the approved engineering and construction plans (collectively, the "Plans"). The documents which constitute the Plans are those on file with and approved by the City and are listed on Exhibit B attached hereto. The Plans may not be modified by the Developer without the prior written approval of the City. b) In developing the Subdivision in accordance with the Plans for Phase I, the Developer shall make or install at its sole expense the following private improvements (collectively, the "Subdivision Improvements"): 1. site grading (including grading within what will be the Deerhill Road public right of way) and erosion controls; 2. stormwater improvements, including related pipes, structures and dry creek bed; 3. upland buffers; 4. restoration work in Phase I of the Conservation Area and wetland mitigation; 5. street lighting and Boulevard Landscaping (as hereinafter defined); and 6. retaining walls at entrance off Homestead Trail. c) All work performed by or on behalf of the Developer on or related to the construction of the Subdivision Improvements shall be restricted to the hours of 7:00 a.m. through 8:00 p.m., Monday through Friday and 8:00 a.m. through 5:00 p.m. on Saturday. Work related to construction of the houses within the Subdivision shall be restricted to the hours of 7:00 a.m. through 8:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday and Sunday. 4. Erosion Control. a) All construction regarding the Subdivision Improvements shall be conducted in a manner designed to control erosion and in compliance with all City ordinances and other requirements, including the City's 2014 permit with the Minnesota Pollution Control Agency regarding its municipal separate storm sewer system program. Following the delivery of reasonable written notice to the Developer, the City may impose 3 476494v10 RHB ME230-630 reasonable, additional erosion control requirements after the City's initial approval if the City deems such necessary due to imminent risk of uncontrolled erosion. All areas disturbed by the excavation shall be reseeded promptly after the completion of the work in that area unless construction of streets, private utilities, buildings or other improvements is anticipated immediately thereafter. Except as otherwise provided in the erosion control plan, seed shall provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. b) If the Developer does not comply with the erosion control plan and schedule or supplementary instructions issued by the City, the City may take such action as it deems reasonably appropriate to control erosion based on the urgency of the situation. The City agrees to provide reasonable notice to the Developer in advance of any proposed action, including notice by telephone or email in the case of emergencies, but limited notice by the City when emergency conditions so require will not affect the Developer's obligations or the City's rights hereunder. c) The Developer agrees to reimburse the City for all reasonable out-of-pocket expenses it incurs in connection with any action it takes to control erosion. No grading or construction of the Subdivision Improvements will be allowed and no building permits will be issued within the Subdivision unless the Developer is in full compliance with Developer's responsibilities to comply with the erosion control requirements provided herein. The erosion control measures specified in the Plans or otherwise required within the Property shall be binding on the Developer and its successors and assigns. 5. Site Grading; Haul Routes. a) In order to construct the Subdivision Improvements and otherwise prepare the Property for development, it will be necessary for the Developer to grade the Property based on the approved Plans and specifications for the Subdivision. All site and other grading must be done in compliance with the Plans. The City may withhold issuance of a building permit for any structure within the Subdivision until the approved certified grading plan is on file with the City and all erosion control measures are in place as reasonably determined by the City. Within 30 days after completion of the grading, or such other period acceptable to the City's engineer, the Developer shall provide the City with an "as constructed" grading plan and a certification by a registered land surveyor or engineer. b) The Developer agrees that construction traffic and any fill material which must be brought to or removed from the Property while grading or during construction of the Subdivision Improvements or any buildings within the Subdivision will be transported using the haul route established by the City. The City will also require its contractor for the Public Improvements to use the haul route. The City designates Deerhill Road to Homestead Trail to Co. Rd. 6 as the haul route. The Developer, its contractors and subcontractors and all parties constructing the Subdivision Improvements or homes within the Subdivision using heavy vehicles are specifically prohibited from using that portion of Deerhill Road between the eastern boundary of the Property and Willow Drive for these purposes. Due to existing road conditions, the City intends to post the portion of Deerhill Road from the eastern boundary of the Property to Willow Drive to limit 4 476494v10 RHB ME230-630 access to vehicles of 4-ton axle weight or less. In addition, the Developer agrees to use its best efforts to encourage all other construction vehicles to avoid utilizing existing Deerhill Road. c) The Developer will rough grade the Subdivision as part of the Subdivision Improvements but expects that it will be necessary for builders to custom grade individual lots based on the specific design and location of the homes to be constructed thereon. The City will require a grading plan to be submitted with each building permit for a home or any structure and will review the individual grading plans to ensure they are not in conflict with or pose a threat to adjacent parcels. It may be necessary for building permit grading plans to include abutting properties to verify the proposed grading does not adversely affect them. 6. Construction of Subdivision Improvements. a) All Subdivision Improvements shall be installed in accordance with the Plans, this Agreement, the City's subdivision regulations, and the requirements of the letters from the City engineer dated , and The Developer shall submit plans and specifications for the Subdivision Improvements prepared by a registered professional engineer. The Developer shall obtain any necessary permits from the Minnesota Pollution Control Agency, the Minnehaha Creek Watershed District, and any other agency having jurisdiction over the Subdivision before proceeding with construction. The Developer shall also comply with the requirements of the letter from the Minnehaha Creek Watershed District dated . The City shall inspect all work at the Developer's expense. The Developer and its contractors and subcontractors shall follow all instructions received from the City's inspectors. Prior to beginning construction, the Developer or the Developer's engineer shall schedule a preconstruction meeting with all parties concerned, including the City staff and engineers, to review the program for the construction work. b) Within 45 days after the completion of the Subdivision Improvements, the Developer shall supply the City with a complete set of reproducible "as constructed" plans and three complete sets of paper "as constructed" plans, each prepared in accordance with City standards and in AutoCAD format based on Hennepin County coordinates. Stormwater "as constructed" plans shall also be submitted to the City in GIS format compatible with ArcMap 10.3 in the coordinates and with the attributes directed by the City engineer. Iron monuments must be installed in the Subdivision in accordance with state law. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. Subject to events of force majeure, all Subdivision Improvements required by this Agreement shall be completed by no later than August 1, 2018, except as specifically noted otherwise in this Agreement. For purposes of this section, completion of the restoration work in Phase I of the Conservation Area means completion of the plantings but does not include establishment of the vegetation. c) The Developer agrees to reimburse the City fully for the reasonable cost of all Subdivision Improvement repairs or replacement if the cost thereof exceeds the remaining amount of the Letter of Credit. Such reimbursement must be made within 45 days of the date upon which the City notifies the Developer of the cost due under this section. The City's notice shall include reasonable back up documentation to support such expenses. If the Developer fails to make required payments to the City, the Developer hereby consents to the City levying special 5 476494v10 RHB ME230-630 assessments for any unreimbursed amount associated with such costs against the lots within the Subdivision except those which have been sold to homeowners. The Developer, on behalf of itself and its successors and assigns, acknowledges the benefit to the lots within the Subdivision of the repair or replacement of the Subdivision Improvements and hereby consents to such assessment and waives the right to a hearing or notice of hearing or any appeal thereon under Minnesota Statutes, Chapter 429. d) No building permit shall be issued for structures within the Subdivision until adequate street access is available to the lot in question. If building permits are issued prior to the completion of all Subdivision Improvements and Public Improvements serving any lot, the final wear course of bituminous excepted, the Developer assumes all liability and costs resulting in delays in completion of the Public Improvements and damage to the Public Improvements caused by the Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No temporary or permanent certificate of occupancy shall be issued for any structure within the Subdivision until all Subdivision Improvements and Public Improvements that are required for the operation of such structure have been completed, except for the final wear course of bituminous on Deerhill Road and restoration work in future Phases of the Construction Area. 7. Streets. a) The plat of Deerhill Preserve dedicated right-of-way for Deerhill Road to serve the Property from Homestead Trail to the eastern boundary of the Property. The Developer has requested, and the City has agreed, to construct the extension of Deerhill Road that is necessary to serve the Property. The extension of Deerhill Road includes construction of the roadway, conduit crossings for small utilities, and the Homestead Trail turn lane improvements required by Hennepin County (collectively, the "Public Improvements"). The City has agreed to construct the Public Improvements under Minnesota Statutes, Chapter 429. The Developer agrees to sign a Petition and Waiver Agreement, attached hereto as Exhibit J, which will provide that the City may specially assess 100 percent of the cost of the Public Improvements against the Property. The amount to be specially assessed for said work shall be 100 percent of the actual cost, estimated at approximately $1,085,720, and shall be spread equally among the 41 lots in the Subdivision pursuant to the terms of the Petition and Waiver Agreement. Such assessed costs shall also include all costs incurred by the City in constructing the Public Improvements, including legal, engineering, and other consulting fees and the cost of bond issuance and ongoing bond administrative fees. The Developer agrees to take no action which would cause the Property to be eligible for deferral of the special assessments beyond the 12-year deferral specified herein. Any such action by or on behalf of the Developer shall be an Event of Default under this Agreement and shall cause the special assessments to be due and payable immediately. The City's right to specially assess the Property for the cost of the Public Improvements shall expire if the City has not initiated the project by December 31, 2017. b) If the Public Improvements are initiated prior to completion of all lots within the Subdivision, 1/41st of the above amount will be levied against each of the lots which have been final platted at that time and the balance will be assessed against the remainder of the Property. These assessments will be levied as requested by the Developer (including levying of the assessments against less than all of the outlots within the Subdivision) unless the City determines, in the reasonable exercise of its discretion, that the proposed allocation threatens the 6 476494v10 RHB ME230-630 City's ability to recover the assessed amounts. Upon approval of additional Phases, the special assessments levied against the outlots may be reapportioned pursuant to Minnesota Statutes, Section 429.071 at the Developer's request. c) The City and the Developer have executed an agreement dated May 24, 2016 (the "Reimbursement Agreement") for the purpose of reimbursing the City for any expenses it incurs in connection with the Chapter 429 process associated with constructing the Public Improvements. The Developer escrowed $25,000 with the City pursuant to the Reimbursement Agreement. Upon execution of the Petition and Waiver Agreement by the Developer, the City will cease attributing costs associated with the Chapter 429 process to the Reimbursement Agreement escrow amount and will include subsequent costs among the costs of the Public Improvements to be assessed against the Property. Any unspent escrow funds will be returned by the City to the Developer in accordance with the Reimbursement Agreement within 30 days of execution of the Petition and Waiver Agreement by the Developer. d) Cul-de-sacs. The Developer shall be responsible for building the future cul-de- sacs which are identified on the CD-PUD General Plan. Such improvements shall be private street improvements and the City shall not be responsible for any maintenance of such private improvements. The Developer acknowledges that the design of any such cul-de-sac is subject to the review and approval of the City Engineer and the Fire Marshal to ensure adequate circulation and emergency vehicle access in compliance with all applicable law. The Developer and its successors and assigns shall be responsible for removal of all snow and ice and all maintenance, repair and reconstruction of the private streets (which will be installed by the Developer in further phases of the Subdivision). e) The southwestern portion of Deerhill Road connects to Homestead Trail over property owned by the Owner but located in the city of Orono. It is a condition precedent to the right to proceed with development of the Subdivision that the City be granted an easement for right-of-way purposes by the Owner for the portion of Deerhill Road in Orono. The form of the Right -of -Way Easement is attached hereto as Exhibit I. It is also a condition precedent to the Developer's right to proceed with development of the Subdivision that the city of Orono issue a conditional use permit to the City with conditions reasonably acceptable to the City and the Developer and any other permit or approval deemed necessary by the city of Orono regarding construction, control and maintenance of all of Deerhill Road as a City public street. f) It is possible that land located in Orono south of the Property and owned by the Owner may be developed in the future and that lots created from such land may use Deerhill Road for access. Upon completion of Deerhill Road, the City will be responsible for the routine maintenance and the periodic maintenance, repair and replacement necessary of the road. This may result in the City seeking to recover some or all of the cost of such work pursuant to City policy by means of special assessments levied under Minnesota Statutes, Chapter 429. Orono has indicated that even if lots located within Orono are accessed by means of Deerhill Road, Orono will not share the cost of such work and will not specially assess any land within Orono even if benefited by such improvement. In light of Orono's position, the City will be forced to fund all work performed on Deerhill Road itself or recoup some or all of such expenses through special assessments against the Property. The Developer, for itself and its successors and 7 476494v10 RHB ME230-630 assigns, acknowledges that the City may be required to specially assess the costs to maintain, repair or replace Deerhill Road against the lots within the Property even if some portion of said work occurs within Orono and is of benefit to properties within Orono served by Deerhill Road. The Developer, for itself and its successors and assigns, acknowledges the benefit to the Property for such work regarding Deerhill Road and hereby consents to the special assessment of the lots within the Subdivision for such additional portion of the cost of said improvements which might otherwise have been levied against lots within Orono served by Deerhill Road and waives the right to a hearing or notice of hearing on any appeal thereon under Minnesota Statutes, Chapter 429 regarding the City's inclusion of costs associated with that portion of Deerhill Road in Orono. The above is not intended to be a complete waiver of the rights of the Developer or its successors or assigns to appeal such assessment or indicate that the City will not fairly and equitably assess other lands within Medina which are also benefited by such improvements. g) The Developer desires to construct two landscape islands in the Deerhill Road right-of-way and to plant grasses up to the edge of the pavement of Deerhill Road rather than providing the typical three-foot gravel shoulder and trees and shrubs elsewhere within the right- of-way (collectively, the "Boulevard Landscaping"). The Boulevard Landscaping involves plantings within the Deerhill Road right-of-way closer to the pavement than is typically allowed. These practices are intended to be consistent with other flexibilities permitted under the Conservation Design -Planned Unit Development Ordinance. The Developer agrees to maintain all such landscaping in a neat and safe manner The City shall have no responsibility for said maintenance. The Developer recognizes that the location of the landscaping, particularly the grasses immediately adjacent to the paved surface of Deerhill Road and trees and shrubs within the right-of-way is likely to result in damage to the Boulevard Landscaping in the normal course of City snowplowing and other maintenance activities. The Developer, on behalf of itself and its successors and assigns, hereby releases the City from any liability for destruction of or damage to said landscaping and grasses within the right-of-way for Deerhill Road and shall be responsible for all repair or replacement itself. The City is willing to allow the Developer to make use of the public right-of-way as described herein by means of a License Agreement for Maintenance which recognizes the priority of the public's rights within the right-of-way in the event there is a need to make use of such area in the future for any purpose consistent with a public right-of-way. The form of the License Agreement for Maintenance is attached hereto as Exhibit G and the Developer agrees to enter into such agreement. h) The Developer reserves the right, subsequent to execution of this Agreement but prior to award by the City of a contract for the Public Improvements, to opt to construct the elements of the Public Improvements as part of the Subdivision Improvements. Should the Developer exercise such option, it shall notify the City immediately in writing. Upon receipt of such written notice, the City will abandon its efforts to construct the Public Improvements pursuant to Chapter 429 and the Developer shall be solely responsible for constructing and financing the elements of the Public Improvements as part of the Subdivision Improvements. The Developer shall be responsible for reimbursing the City for any costs it has incurred in pursuing the 429 process subsequent to termination of the Reimbursement Agreement which have not been reimbursed through the escrow amount deposited pursuant to the Reimbursement Agreement and which were intended to be specially assessed under the Petition and Waiver 8 476494v10 RHB ME230-630 Agreement. If the Developer makes this option, the LOC for the Subdivision Improvements and the construction observation escrow required by section 18 b) of this Agreement shall be increased to reflect the resulting higher costs. 8. Septic Systems and Wells. a) The Developer or its successors or assigns agree to construct individual septic systems and wells to serve the lots within the Subdivision. All work in constructing the private utilities must comply with all City and state requirements regarding such private utilities. The septic systems and wells will remain private and will not be owned or maintained by the City. The septic systems proposed for use in the Subdivision by the Developer employ an innovative design. Due to higher maintenance requirements of such septic systems, the Developer shall provide that the HOA (as hereinafter defined) require all lot owners to abide by a common management plan for maintenance of the septic systems. b) All lots within the Subdivision must have primary and alternate septic sites on the lot which meet setback requirements and which do not interfere with the intended purpose of any drainage and utility or other easement. In no circumstance shall the treatment (absorption) area of the septic system be allowed within any easement. Other portions of the septic system may be permitted within an easement but only if the City determines, in the reasonable exercise of its discretion, that the septic system will not interfere with the intended purpose of the easement. Notwithstanding the above, up to 10 of the 41 lots may locate an alternate septic site within the Conservation Easement within a reasonable distance of the served lot if (i) the City determines in the reasonable exercise of its discretion that there is no reasonable alternate location on the lot; (ii) the Holder consents to the location of the alternate site; (iii) the location will not result in significant hardwood tree loss and; (iv) the alternate site is in compliance with all City and state regulations. c) All private wells shall be located on the served lot. Notwithstanding the above, the City may allow a private well to be placed within the Conservation Area but within a reasonable distance of the served lot if the City determines, in the reasonable exercise of its discretion, that there is no feasible location for the well on the lot. Any wells constructed within the City's drinking water supply area must be registered by the Developer or builder to monitor possible contamination. 9. Stormwater Improvements. a) The stormwater facilities will be constructed by the Developer in accordance with the Plans and in compliance with all City requirements regarding such improvements. The stormwater facilities include the ponds, pipes, structures and dry creek shown on the Plans. The stormwater facilities are located within the portion of the Property subject to the Conservation Easement. The Conservation Easement permits such facilities to be constructed and maintained within the Conservation Area. The City will also have drainage and utility easements over the stormwater facilities, which easements will partially overlap the Conservation Easement. b) The stormwater facilities serving the Subdivision will remain private and will be maintained by the Developer at its sole expense until taken over by the HOA. The City does not intend to accept the stormwater facilities as public and does not intend to maintain them. In order to meet the requirements of the Minnehaha Creek Watershed District and City code, the 9 476494v10 RHB ME230-630 Developer agrees to enter into a Stormwater Maintenance Agreement with the City in the form attached hereto as Exhibit C. The purpose of the Stormwater Maintenance Agreement is to ensure that the Developer maintains the stormwater facilities until taken over by the HOA formed by Developer, and to give the City the right but not the obligation to do so if the Developer or the HOA fails in its obligations. The Stormwater Maintenance Agreement will be recorded against the Property and will run with the land and be binding on Developer and its successors and assigns. The Developer acknowledges that (i) the stormwater facilities have not and will not be accepted by the City; (ii) the City does not plan to maintain or pay for maintenance, repair or replacement of the stormwater facilities and that the Developer and ultimately the HOA will have primary responsibility for such work; (iii) the City has the right but not the obligation to perform necessary work upon the failure or refusal by the Developer or HOA to do so pursuant to the Stormwater Maintenance Agreement; and (iv) if, pursuant to the terms of the Stormwater Maintenance Agreement, the City performs any work on the stormwater facilities after reasonable notice to the Developer or HOA and the failure of the Developer or HOA to perform the work, the City intends to seek reimbursement for the cost of such work against the lots within the Subdivision and other portions of the Property through special assessments or otherwise. c) The Developer intends to assign responsibility to the HOA for the maintenance, repair or replacement of the private stormwater facilities as needed and the HOA documents recorded with Hennepin County will so require. The HOA shall be responsible for the maintenance, repair or replacement of all private stormwater facilities serving the Subdivision. The Developer agrees to inform purchasers of lots within the Subdivision that (i) the City does not plan to maintain or pay for maintenance, repair or replacement of the stormwater facilities and that the HOA will have primary responsibility for such work; (ii) the City has the right but not the obligation to perform necessary work upon the failure or refusal by the HOA to do so; and (iii) if the City performs any work on the stormwater facilities after reasonable notice to the Developer or HOA and the failure of the Developer or HOA to perform the work, the City intends to recover the cost of such work against the lots within the Subdivision. d) The Developer acknowledges that the City intends to establish a storm sewer improvement tax district (the "District") which includes all of the Property except Outlot A. The District will be established pursuant to Minnesota Statutes, sections 444.16 to 444.21 and will authorize the City to acquire, construct, reconstruct, extend, maintain, and otherwise improve storm sewer systems and related improvements within or serving the Subdivision if such work becomes necessary in the opinion of the City based on the Developer's or the HOA's failure to perform pursuant to this Agreement and the Stormwater Maintenance Agreement. In recognition of this possibility, the Developer agrees to provide prospective lot purchasers with a disclosure statement informing them of the existence of the District and that a tax could be imposed on the lots within the Subdivision if the City is required to repair or maintain the storm sewer systems and related improvements. The wording of the disclosure statement must be approved by the City for use in connection with the sale of lots in the Subdivision prior to its distribution or use by the Developer. 10. Landscaping Plan. The Developer and its successors and assigns agree to install landscaping in accordance with the Plans and City code. All landscaping shall include hardy, 10 476494v10 RHB ME230-630 non-invasive and drought tolerant species appropriate for Minnesota. All landscaping materials shall be maintained and replaced if they die within two years after acceptance by the City. 11. Street Lighting and Signs. The Developer agrees to install street lighting and street signs within the Subdivision at its sole cost. Prior to the issuance of any building permits, the Developer shall submit lighting details to the City for review and approval by City staff. All lighting shall meet City standards. Street lighting shall include lighting fixtures approved by the City and shall be equipped with luminaries which allow no light more than five percent above the horizontal plane. If the Developer installs street lighting fixtures consistent with the City's standard fixtures, the City will maintain the fixtures thereafter. The Developer or HOA will be required to maintain all other types of fixtures. Street signs shall be of a design approved by the City and shall be dedicated by the Developer to the City after installation and acceptance by the City. Street signs requiring repair or replacement will be replaced by the City with the City's standard form of street sign. The Developer or the HOA will be required to pay for repair or replacement if any other type of street sign is desired. 12. Conservation Easement; Land Stewardship Plan. a) Deerhill Preserve consists of 170 acres and was previously used for agricultural and other purposes. It is the desire of the Developer and the basis under which the City has granted the City Approvals that the Subdivision be developed with single family detached dwellings on individual lots but that a substantial portion of the Property be preserved and returned to its pre -agricultural condition. An area containing approximately 89 acres of Deerhill Preserve (the "Conservation Area") is being set aside by the Developer and will be subject to a conservation easement (the "Conservation Easement") in the form attached hereto as Exhibit F. In order to achieve the desired restoration and enhancement objectives, the Developer agrees to convey the Conservation Easement to the Minnehaha Creek Watershed District ("MCWD") at or before the time of recording the plat of Deerhill Preserve. The MCWD is a qualified holder ("Holder") under Minnesota Statutes, chapter 84C. b) The Conservation Easement speaks for itself, and includes prohibition on the assignment of the role of Holder to an entity other than MCWD without the prior written approval of the City. The Conservation Easement provides for primary responsibility for enforcement of the terms and conditions of the Conservation Easement by the Holder but authorizes the City to enforce its terms and conditions upon refusal or failure of the Holder to do so. The City intends to recover any costs or expenses the Holder or it incurs in such enforcement efforts against the 41 lots in the Subdivision by any means available to it, including through special assessments against the lots. The HOA documents shall so inform lot owners. The Developer, for itself and its successors and assigns, acknowledges the benefit to the lots for such work and hereby consents to the City specially assessing the 41 lots within the Subdivision for the reasonable cost of enforcement work by the Holder or the City and waives the right to appeal under Minnesota Statutes, Chapter 429 based on the City's authority to assess, but Developer reserves the right to appeal the amount of such assessment. c) The Developer will perform the restoration work in accordance with the Land Stewardship Plan (the "LSP") attached hereto as Exhibit H pursuant to a contract with an entity qualified to conduct such work. The City and the Developer acknowledge that the restoration 11 476494v10 RHB ME230-630 work may need to be revised as field conditions dictate and the parties agree to cooperate in adjusting the LSP accordingly. The Developer also agrees to provide a level of field inspection of the restoration work as set forth in the LSP. d) The Developer shall maintain the Conservation Area on an ongoing basis in accordance with the LSP. The Developer intends to assign its obligations regarding maintenance under the LSP to the HOA. Additionally, the Developer agrees to cause the HOA to employ an ecologist or other expert who is knowledgeable about site preservation and restoration in order to maintain the Conservation Area in accordance with the LSP. e) Upon successful establishment of the vegetation in each section of the Conservation Area, the Developer will ensure that the maintenance account has sufficient funds for three years of maintenance. Thereafter, the HOA shall establish fees or assessments against the lots in the Subdivision sufficient to sustain ongoing maintenance work. 13. Letter of Credit. a) In order to ensure completion of the Subdivision Improvements required under this Agreement and satisfaction of all fees due to the City, the Developer agrees to deliver to the City prior to beginning any construction or work within the Subdivision a letter of credit (the "Letter of Credit") in the amount of $996,956.34, which represents 150 percent of the estimated cost of the Subdivision Improvements as specified in the Plans. The Letter of Credit will not include any amount for the Boulevard Landscaping or the landscaping in the Deerhill Road right-of-way islands. This amount represents the maximum risk exposure for the City, based on the anticipated sequence of construction and the estimate of cost of each element of the Subdivision Improvements, rather than the aggregate cost of all required Subdivision Improvements. The Letter of Credit shall be delivered to the City prior to beginning any work on the Subdivision Improvements and shall renew automatically thereafter until released by the City. The estimated cost of the Subdivision Improvements covered by the Letter of Credit is itemized on Exhibit D attached hereto. The Letter of Credit shall be issued by a bank reasonably acceptable to the City and shall be in a form reasonably acceptable to the City. The Letter of Credit shall allow the City to draw upon the instrument, in whole or part, in order to complete construction of any or all of the Subdivision Improvements and to pay any reasonable fees or costs due to the City by the Developer after written notice to Developer and Developer's failure to cure the default within a reasonable period. b) As the Developer completes elements of the Subdivision Improvements, the City shall reduce the Letter of Credit to an amount roughly equal to 150 percent of the cost of the remaining work, subject to satisfaction of all of the Developer's financial obligations to the City. The Letter of Credit shall be released in full and returned to the Developer within 30 days of (i) completion of all of the Subdivision Improvements included in the calculation of the Letter of Credit; (ii) expiration of the two-year warranty period for the landscaping; and (iii) satisfaction of all financial obligations by the Developer to the City. Prior to releasing any portion of the Letter of Credit or accepting another letter of credit in replacement, the City shall first be satisfied that all work regarding the Subdivision Improvements has been completed according to the Plans. 12 476494v10 RHB ME230-630 c) The Letter of Credit shall include the amount shown on Exhibit D as the cost of all restoration work in the Conservation Area. The Letter of Credit will be calculated at 150 percent of the cost of the restoration work required under the LSP for Phase I and at 100 percent for the restoration work in other Phases. The portion of the Letter of Credit attributable to the restoration work in Phase I shall be released upon completion of said work and in accordance with this Agreement. The portion of the Letter of Credit for restoration work in future Phases shall be released only as such work is completed and adequate reserves for maintenance are established as required by this Agreement. d) It is the intention of the parties that the City at all times have available to it a Letter of Credit in an amount adequate to ensure completion of all elements of the Subdivision Improvements and satisfaction of the Developer's financial obligations to the City under this Agreement. To that end and notwithstanding anything herein to the contrary, all requests by the Developer for a reduction or release of the Letter of Credit shall be evaluated by the City in light of that principle. e) If at any time credible sources within the banking industry publically report that the bank issuing the Letter of Credit is no longer solvent and the City determines that the bank therefore no longer satisfies the City's requirements regarding solvency, the City shall notify the Developer and the Developer shall provide to the City within 30 days a substitute Letter of Credit from another bank meeting the City's requirements. If within 30 days of notice, the Developer fails to provide the City with a substitute Letter of Credit from an issuing bank satisfactory to the City, the City may draw under the existing Letter of Credit. 14. Homeowners' Association. The Developer agrees to establish a homeowners' association (the "HOA"), encompassing all of the Property except for Outlot A. The Developer agrees to record covenants against said land for this purpose, which covenants must be in form and substance reasonably acceptable to the City. The covenants shall be filed by the Developer with Hennepin County prior to any building permits being issued for the Subdivision. The HOA covenants must provide, among other things, for HOA maintenance of the stormwater facilities, the upland buffers, the Conservation Area and all common areas in the Subdivision. The HOA covenants shall also include provisions related to the required minimum balance of the Conservation Area maintenance account, reporting requirements and acknowledgment that the City has the right to specially assess the 41 lots within the Subdivision for costs of the Holder or the City in enforcing the Conservation Easement, which costs are deemed to be a benefit to the lots within the Subdivision. The City must approve the HOA covenants and will require that certain provisions thereof may not be amended or deleted without prior written City approval. 15. Upland Buffer Easement. The City requires that upland buffers be established around wetlands in order to protect the water quality of the wetlands. Portions of the area which would otherwise have been included in the Upland Buffer Easement is also within the Conservation Area and the City agrees to allow such areas to be restored and maintained in accordance with the Conservation Easement and LSP. However, some portions of the upland buffer extend into the lots within the Subdivision, including Lot 1, Block 1 in Phase I. The Developer agrees to execute the Upland Buffer Easement in the form attached hereto as Exhibit E, which easement will be recorded against the above lot. Portions of the upland buffer will 13 476494v10 RHB ME230-630 extend into other lots created in future Phases and the development agreements for such future Phases will require that the Developer execute similar easements with regard to other affected lots. The Developer agrees to make the HOA responsible for its maintenance obligations under the Upland buffer Easement Agreement and that the HOA documents recorded with Hennepin County will so require. 16. Official Controls. The Developer intends to phase development of Deerhill Preserve over several years as market conditions warrant. Preliminary approval was granted for the plat of Deerhill Preserve on October 6, 2015. This Agreement applies to all of the Property but has been negotiated specifically in connection with the first Phase of the Subdivision. Areas intended for later Phases are platted as outlots and the Developer intends hereafter periodically to submit other portions of Deerhill Preserve to the City for replat. The City will grant approval of replats for subsequent Phases of the development provided that each such Phase is consistent with the terms and conditions of preliminary plat approval of Deerhill Preserve, the CD-PUD General Plan, and the Plans. The City agrees not to enact any amendment to its comprehensive plan or official controls as defined in Minnesota Statutes Section 462.358, Subd. 3c, which would apply to or affect the use, development density, lot size, lot layout or dedication or platting required or permitted by the preliminary plat of Deerhill Preserve, the CD-PUD General Plan or the Plans, providing that the Developer is not in default under this Agreement and requests final approval of the final Phase of the Subdivision by no later than October 6, 2025. 17. Park Dedication Requirements. In order to satisfy the park dedication requirements for the Subdivision, the Developer agrees to deliver to the City a warranty deed for Outlot A and to convey easements for the trails shown on the Plans. In order to allow for the exact location of the trails to be determined in the field, the City will permit the Developer to convey the trail easements to the City as the trail locations are finalized. In addition to conveyance of Outlot A and easements for the trails, the Developer agrees to pay the City a cash in lieu park dedication fee of $ . This amount is calculated by subtracting the value of Outlot A from the Developer's total park dedication obligation of $ . The cash in lieu fee shall be payable at the rate of 1/41 of said fee at the time of issuance of each building permit for a lot within the Subdivision. 18. Responsibility for Costs; Escrow for Construction Inspection. a) The Developer agrees to pay to the City an administrative fee in the amount necessary to reimburse the City for its reasonable costs and expenses in reviewing the Subdivision, including the drafting and negotiation of this Agreement and preparation and execution of the process outlined in Minnesota Statutes, Chapter 429 to the extent such fees and costs are not reimbursed pursuant to the Reimbursement Agreement. Such fees are estimated to be $40,000 in addition to fees paid to the City to date. The Developer agrees to reimburse the City in full for such reasonable costs within 45 days after notice in writing by the City. The Developer agrees to reimburse the City for the reasonable cost incurred in the enforcement of any provision of this Agreement, including reasonable engineering and attorneys' fees. b) The Developer shall also pay a reasonable fee for City construction observation and administration relating to construction of the Subdivision Improvements. In order to reimburse the City for the reasonable cost of inspection of the Subdivision Improvements, the 14 476494v10 RHB ME230-630 Developer shall deposit an additional $25,000 into an escrow account with the City, which shall receive and hold such funds solely under the terms of this Agreement. The City shall reimburse itself for expenses from the escrow and will provide the Developer with a copy of any invoice from the City engineer or evidence of other cost or expense attributed to the escrow prior to deducting such funds from the escrow. If any funds held under this escrow exceed the amount necessary to reimburse the City for its costs under this section, such funds shall be returned to the Developer without interest. If it appears that the actual costs incurred will exceed the estimate, the Developer and the City shall review the costs required to complete the project and the Developer shall deposit additional sums with the City. 19. Default. a) In the event of default by the Developer as to construction or repair of any of the Subdivision Improvements or any other work or undertaking required by this Agreement, and such default continues for 30 days after the City provides written notice to the Developer of the nature of the default pursuant to the notice requirements in this Agreement, or if such default cannot be cured within 30 days, after such time period as may be reasonably required to cure the default provided that Developer is making a good faith effort to cure said default, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any reasonable expense incurred by the City. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek an order from any court for permission to enter the Property for such purposes. If the City does any such work, the City may, in addition to its other remedies, levy special assessments against the land within the Subdivision to recover the costs thereof. For this purpose, the Developer, for itself and its successors and assigns, expressly waives any and all procedural and substantive objections to the special assessments, including but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the land so assessed. The Developer, for itself and its successors and assigns, also waives any appeal rights otherwise available pursuant to Minnesota Statutes, section 429.081. b) In the event of default by the City as to any obligation hereunder and after 30 days' notice by the Developer to the City, the Developer may, at its option, take any action, including legal or administrative action, in law or equity, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement or covenant of the City under this Agreement. 20. Insurance. The Developer agrees to take out and maintain or cause to be taken out and maintained until six months after the City has accepted the Subdivision Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its contractors or subcontractors. Liability limits shall not be less than $500,000 when the claim is one for death by wrongful act or omission or for any other claim and $1,500,000 for any number of claims arising out of a single occurrence. The City shall be named as an additional insured on the policy. The certificate of insurance shall provide that the City must be given the same advance written notice of the cancellation of the insurance as is afforded to the Developer. 21. No Building Permits Approved; Certificates of Occupancy. a) Approvals granted to date by the City regarding the Subdivision do not include approval of a building permit for 15 476494v10 RHB ME230-630 any structure within the Subdivision. The Developer or its successors or assigns must submit and the City must approve building plans prior to approval of a building permit for a structure on any lot within the Subdivision. All building pads must be certified prior to initiation of construction of a home on a lot. The Developer or the party applying for a building permit shall be responsible for payment of the customary fees associated with the building permit and all other deferred fees as specified in this Agreement, including the allocated park dedication fee to such lot. b) No certificate of occupancy shall be issued for any home constructed in the Subdivision unless prior thereto the lot has been graded and all landscaping installed in accordance with the Plans, the septic system, well and driveway have been installed, and an as built survey of the lot has been submitted and approved by the City. In cases in which seasonal weather conditions make compliance with these conditions impossible, the City may accept an escrow of sufficient amount to ensure completion of the work during the following construction season. 22. Clean up and Dust Control. The Developer shall use commercially reasonable efforts to regularly clean dirt and debris from streets adjoining the Subdivision resulting from construction work by the Developer, its contractors, agents or assigns, including any parry constructing houses within the Subdivision. Prior to any construction on the Property or adjacent areas, the Developer shall identify to the City in writing a responsible parry for erosion control, street cleaning, and street sweeping. The Developer shall provide dust control to the satisfaction of the City's engineer throughout construction within the Subdivision. 23. Compliance with Laws. The Developer agrees to comply with all laws, resolutions, ordinances, regulations and directives of the state of Minnesota and the City applicable to the Subdivision. This Agreement shall be construed according to the laws of Minnesota. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits for lots within the Subdivision. 24. Agreement Runs With the Land. This Agreement shall run with the Property and shall be recorded against the title thereto and shall bind and inure to the benefit of the City and the Developer and their successors and assigns. The Developer warrants that to Developer's knowledge as of the date hereof, there are no unrecorded encumbrances or interests relating to the Property. 25. Indemnification. The Developer hereby agrees to indemnify and hold the City and its officers, employees, and agents harmless from claims made by third parties for damages sustained or costs incurred resulting from approval of the Subdivision. The Developer hereby agrees to indemnify and hold the City and its officers, employees, and agents harmless for all reasonable costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees, except matters involving intentional acts or gross negligence by the City. 16 476494v10 RHB ME230-630 26. Assignment. The Developer may not assign this Agreement without the prior written permission of the City, which consent shall not be unreasonably withheld, conditioned or denied. 27. Notices. Any notice or correspondence to be given under this Agreement shall be deemed to be given if delivered personally or sent by United States certified or registered mail, postage prepaid, return receipt requested: a) as to Developer: Property Resources Development Corporation 6851 Flying Cloud Drive, Suite A Eden Prairie, MN 55344 Attention: Susan H. Seeland with a copy to: Anthony J. Gleekel Siegel Brill, P.A. 100 Washington Avenue South Suite 1300 Minneapolis, MN 55401 b) as to City: City of Medina 2052 County Road 24 Medina, MN 55340 Attention: City Administrator with a copy to: Ronald H. Batty Kennedy & Graven 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 or at such other address as either party may from time to time notify the other in writing in accordance with this section. The Developer shall promptly notify the City if there is any change in its name or address. 28. Severability. In the event that any provision of this Agreement shall be held invalid, illegal or unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section and shall not invalidate or render unenforceable any other section or provision of this Agreement. 29. Non -waiver. Each right, power or remedy conferred upon the City or the Developer by this Agreement is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, or available to the City or the Developer at law or in equity, or under any other agreement. Each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City or the Developer and shall not be a waiver of the right 17 476494v10 RHB ME230-630 to exercise at any time thereafter any other right, power or remedy. If either party waives in writing any default or nonperformance by the other parry, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 30. Counterparts. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be an original and shall constitute one and the same Agreement. 31. Estoppel Certificate; Partial Release. a) The City agrees at any time, and from time to time, within 10 business days after receipt of written request by the Developer, a lender or a party purchasing any portion of the Property (including a residential lot), to execute, acknowledge and deliver a certification in writing and in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments certifying: (a) that this Agreement is unmodified and in full force and effect, or if there have been modifications, the identify of such modifications and that the same are in full force and effect as modified; (b) that no party is in default under any provisions of this Agreement or, if there has been a default, the nature of such default; (c) that all Subdivision Improvements to be constructed under this Agreement have been constructed, or, if not, specifying the Subdivision Improvements yet to be constructed; and (d) as to any other matter that the requesting party shall reasonably request. It is intended that any such statement may be relied upon by any person, prospective mortgagee of, or assignee of any mortgage, upon such interest. Any such statement on behalf of the City may be executed by the city administrator without city council approval. b) Following completion of the Subdivision Improvements and at the written request of the Developer, a lender or a party purchasing any portion of the Property (including a residential lot), the City agrees to execute a certification in writing releasing the lot from the Developer's obligations under this Agreement. Such certification shall not release the lot from any obligations to the HOA, for the special assessments levied by the City for the Public Improvements, the liability under the storm sewer improvement tax district or any other ongoing obligations regarding the Subdivision. ****************** 18 476494v10 RHB ME230-630 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the day and year first above written. By: By: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY OF MEDINA Bob Mitchell, Mayor Scott T. Johnson City Administrator The foregoing instrument was acknowledged before me this day of , 2016, by Bob Mitchell and Scott T. Johnson, the mayor and city administrator, respectively, of the city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public 19 476494v10 RHB ME230-630 PROPERTY RESOURCES DEVELOPMENT CORPORATION By: STATE OF MINNESOTA ) ) ss. COUNTY OF ) Susan H. Seeland, President This instrument was acknowledged before me on 2016, by Susan H. Seeland, the president of Property Resources Development Corporation, a Minnesota corporation, on behalf of the corporation. This document drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 (RHB) Notary Public 20 476494v10 RHB ME230-630 EXHIBIT A TO CONSERVATION DESIGN -PLANNED UNIT DEVELOPMENT AGREEMENT Legal Description of the Property The land to which this Development Agreement applies is legally described as follows: Lots 1 through 4, Block 1; Lots 1 and 2, Block 2; Lots 1 through 4; Block 3; and Outlots B, C, D, E, F, G, H, I, J, K, L, M and N, all in Deerhill Preserve, Hennepin County, Minnesota. A-1 476494v10 RHB ME230-630 EXHIBIT B TO CONSERVATION DESIGN -PLANNED UNIT DEVELOPMENT AGREEMENT List of Plan Documents The following documents prepared by Sathre-Bergqusit, Inc. constitute the Plans: Sheet 1: Title Sheet Sheets 2-10: Grading, Drainage, and Erosion Control Sheets 11-12: Infiltration Basins and Dry Swale Details Sheets 13-14: Erosion Control Plan Sheets 15-19: Storm Sewer Plan B-1 476494v10 RHB ME230-630 EXHIBIT C TO CONSERVATION DESIGN -PLANNED UNIT DEVELOPMENT AGREEMENT FORM OF STORMWATER MAINTENANCE AGREEMENT STORMWATER MAINTENANCE AGREEMENT THIS AGREEMENT (the "Agreement") is made and entered into as of the day of , 2016, by and among the city of Medina, a Minnesota municipal corporation (the "City"), and Property Resources Development Corporation, a Minnesota corporation (the "Developer"). WITNESSETH: WHEREAS, the Developer is the fee owner of certain real property located in Hennepin County, Minnesota, legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, the City has obtained drainage and utility easements over portions of the Developer Property as shown on the plat of Deerhill Preserve (the "Easement Areas"); and WHEREAS, by a separate Conservation Design -Planned Unit Development Agreement (the "Development Agreement"), the Developer has agreed to construct and maintain certain stormwater facilities (the "Stormwater Improvements") for the benefit of the Property; and WHEREAS, the Stormwater Improvements which are the subject of this Agreement include stormwater ponds and related pipes, structures and dry creek bed. The Stormwater Improvements are depicted on Exhibit B attached hereto; and WHEREAS, the Minnehaha Creek Watershed District requires permanent provisions for handling of runoff, including terms and conditions for operation and maintenance of all Stormwater Improvements, and requires such provisions to be set forth in an agreement to be recorded against the Property; and WHEREAS, the City and the Developer intend to comply with certain conditions, including entering into a maintenance agreement regarding the Stormwater Improvements. NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Maintenance of the Stormwater Improvements. The Developer, for itself and its successor or assigns, agrees to maintain the Stormwater Improvements and observe all drainage C-1 476494v10 RHB ME230-630 laws governing the operation and maintenance of the Stormwater Improvements. The Developer shall make periodic inspection and perform maintenance of the Stormwater Improvements as described in Exhibit C attached hereto. The Developer shall make all such scheduled inspections and maintenance, keep record of all inspections and maintenance activities, and submit such records annually to the City. The cost of all inspections and maintenance, including skimming and cleaning of the Stormwater Improvements, shall be the obligation of the Developer and its successors or assigns as the fee owner of the Developer Property, which obligation shall be assigned to the HOA, as defined hereinafter, in accordance with section 7 of this Agreement. 2. City's Maintenance Rights. The City may maintain the Stormwater Improvements, as provided in this paragraph, if the City reasonably believes that the Developer or its successors or assigns has failed to maintain the Stormwater Improvements in accordance with applicable drainage laws and other requirements and such failure continues for 30 days after the City gives the Developer written notice of such failure or, if such tasks cannot be completed within 30 days, after such time period as may be reasonably required to complete the required tasks provided that Developer is making a good faith effort to complete said task. The City's notice shall specifically state which maintenance tasks are to be performed. If Developer does not complete the maintenance tasks within the required time period after such notice is given by the City, the City shall have the right to enter upon the Easement Areas and such portions of the Property as may reasonably be necessary to gain access to the Easement Areas to perform such maintenance tasks. In such case, the City shall send an invoice of its reasonable maintenance costs to the Developer or its successors or assigns, which shall include all reasonable staff time (at the applicable rates charged by the City to similarly situated parties), engineering and legal and other reasonable third party costs and expenses incurred by the City. If the Developer or its successors or assigns fails to reimburse the City for its costs and expenses in maintaining the Stormwater Improvements within 30 days of receipt of an invoice for such costs, the City shall have the right to assess the full cost thereof against the Developer Property. The Developer, on behalf of itself and its successors and assigns, acknowledges that the maintenance work performed by the City regarding the Stormwater Improvements benefits the Developer Property in an amount which exceeds the assessment and hereby waives any right to hearing or notice and the right to appeal the assessments otherwise provided by Minnesota Statutes, Chapter 429. Notwithstanding the foregoing, in the event of an emergency, as determined by the city engineer, the 30-day notice requirement to the Developer for failure to perform maintenance tasks shall be and hereby is waived in its entirety by the Developer, and the Developer shall reimburse the City and be subject to assessment for any expense so incurred by the City in the same manner as if written notice as described above has been given. 3. Hold Harmless. The Developer hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Developer's, or the Developer's agents' or employees' negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement by Developer or Developer's Agents or Employees, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions, except to the extent of intentional or grossly negligent acts of the City, its employees, agents and representatives. In the event the City, upon the failure of the C-2 476494v10 RHB ME230-630 Developer to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Developer shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Developer's required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts of the City, its employees, agents and representatives. 4. Costs of Enforcement. The Developer agrees to reimburse the City for all reasonable costs prudently incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees after providing written notice to Developer and a reasonable opportunity to cure. 5. Rights Not Exclusive. No right of the City under this Agreement shall be deemed to be exclusive and the City shall retain all rights and powers it may have under Minnesota Statutes, sections 444.16 to 444.21 to acquire, construct, reconstruct, extend, maintain and otherwise improve the Stormwater Improvements. 6. Notice. All notices required under this Agreement shall either be personally delivered or be sent by United States certified or registered mail, postage prepaid, and addressed as follows: a) as to Developer: Property Resources Development Corporation 6851 Flying Cloud Drive, Suite A Eden Prairie, MN 55344 Attention: Susan H. Seeland b) as to City: with a copy to: with a copy to: City of Medina 2052 County Road 24 Medina, MN 55340 ATTN: City Administrator Anthony J. Gleekel Siegel Brill, P.A. 100 Washington Avenue South Suite 1300 Minneapolis, MN 55401 Ronald H. Batty Kennedy & Graven 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 or at such other address as either party may from time to time notify the other in writing in accordance with this paragraph. C-3 476494v10 RHB ME230-630 7. Successors and Assigns. All duties and obligations of Developer under this Agreement shall also be duties and obligations of Developer's successors and assigns. The terms and conditions of this Agreement shall run with the Developer Property. Notwithstanding the foregoing, upon creation of a homeowners' association for the Developer Property (the "HOA") by an instrument in a form satisfactory to the City which assumes and agrees to perform the obligations and responsibilities of the Developer under this Agreement, the HOA shall be bound by all terms and conditions of this Agreement as if it were the original signatory hereto and the Developer, its successors and assigns, shall be released from all personal liability under this Agreement but the Developer Property and the Fairways Property shall remain subject to the terms and conditions of this Agreement. 8. Effective Date. This Agreement shall be binding and effective as of the date first written above. 9. Governing Law. This Agreement shall be construed under the laws of Minnesota. ************************** C-4 476494v10 RHB ME230-630 STATE OF MINNESOTA COUNTY OF ) ss. PROPERTY RESOURCES DEVELOPMENT CORPORATION By: Susan H. Seeland, President This instrument was acknowledged before me on 2016, by Susan H. Seeland, the president of Property Resources Development Corporation, a Minnesota corporation, on behalf of the corporation. Notary Public C-5 476494v10 RHB ME230-630 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF MEDINA By: By: Bob Mitchell, Mayor Scott T. Johnson City Administrator The foregoing instrument was acknowledged before me this day of , 2016, by Bob Mitchell and Scott T. Johnson, the mayor and the city administrator, respectively, of the city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation. This instrument drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 Notary Public C-6 476494v10 RHB ME230-630 This Stormwater Maintenance Agreement is acknowledged and consented to by: MINNEHAHA CREEK WATERSHED DISTRICT By: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2016 by the of the Minnehaha Creek Watershed District, a under the laws of Minnesota, on behalf of the District. Notary Public C-7 476494v10 RHB ME230-630 EXHIBIT A TO STORMWATER MAINTENANCE AGREEMENT Legal Description of the Property The property to which this Stormwater Maintenance Agreement applies is legally described as follows: Lots 1 through 4, Block 1; Lots 1 and 2, Block 2; Lots 1 through 4; Block 3; and Outlots B, C, D, E, F, G, H, I, J, K, L, M and N, all in Deerhill Preserve, Hennepin County, Minnesota. C-A-1 476494v10 RHB ME230-630 EXHIBIT B TO STORMWATER MAINTENANCE AGREEMENT NEEDS AN EXHIBIT SHOWING THE POND LOCATIONS Depiction of Location of Stormwater Improvements [to be completed] C-B-1 476494v10 RHB ME230-630 EXHIBIT C TO STORMWATER MAINTENANCE AGREEMENT Inspection and Maintenance Schedule Stormwater Ponds: Inspection and maintenance shall be made consistent with the most recent version of the Minnesota Stormwater Manual or other subsequent manual as dictated by the City. At the time of execution of this Agreement, the schedule can be found in Table 12.POND.4 of the Minnesota Stormwater Manual as follows: Table 12.POND.4: Typical lnspestion7iHaintenance Frequencies for Ponds Inspection Items Maintenance Items Frequency Ensure that at least 50% of wetland plus survive Check for Invasive wetland plants. Replant wettarld vegetation One lime - Aflef First Year Check that maintenance access is free and clear. Inspect low flow orifices, reverse flaw pipes. and other pipes for clogging Check the pool or © permanent dry pond area for floating debns, undesirable vegetatton ImveSiigale the shoreline for erosion Monitor wetland plant composition and health. Look for broken signs, locks, and other dangerous items. Mowing - minimum Spring and Fall Remove debris Repair undercut eroded, and bare soil areas. Monthly to Quarterly or After Malor Storms Oil') Monitor wetland plant conposnron and health. Identity�vdSNe plants Ensure mechanical components are functional Trash and debns clearvup day Remove invasive plants Harvest wetland plants Replant wetland vegetation Repair broken mechanical components if needed Semi-annual to annual All routine Inspection kerns above Inspect user, barrel, and embankment for damage Inspect all pipes Monitor sediment deposilidn In pond and forebay Pipe and Riser Repair Forebay maintenance and sediment Every 1 10 3 ]ears removal when heeded Mdndor sediment deposteon In pond and torebay Forebay maintenance and Sediment removal when needed 3-7 Remote television inspection of reverse slope pipes, under -drains. and other hard to access piling Sediment removal from main pOnal wetland Plpe replacement it needed 5-25 years C-C-1 476494v10 RHB ME230-630 Stormwater Pond Sand Filters: Inspection and maintenance shall be made consistent with the most recent version of the Minnesota Stormwater Manual or other subsequent manual as dictated by the City. At the time of execution of this Agreement, the schedule can be found in Table 12.FIL.4 of the Minnesota Stormwater Manual as follows: Table 12F1L4. Recommended Maintenance Activities. for Media Filters (Sources: 1997: Pitt. 1997) WMI. Activity Schedule • If fitter bed is Goggled or partially clogged, marnlat malipuiairon of the surface layer of Sand may be required Remove the top few riches of media, rota -till or otherwise Cultivate the surface, and replace media with like material meeting the design specrficalrons • Replace any fitter fabnc that has become clogged As needed • Ensue that contntwtin j area, facility, Inlets and outlets am clear or debns. • Ensure that the contributing area is stabilized and mowed, with clippings removed. • Remove trash and debris. • Check to ensure mat the filler surface Is not clogging (aria) check after storms greater than about f •1. • Ensure that activibes in the drainage area minimize alrgrease and sediment entry to the system • If permanent water level is present in pre • .reatmant Clamber le.g . perimeter sand filter), ensure !nal finormal e chamber does not leak, and pool level Is Monthly • Fen see that the inter bed 6 clean of sediment and the sedummen i chamber Is not move than 6 Inches of sedYnent. Remove sediment as necessary • Make sure mat there is no evidence of deterioration, spatting or cracking of concrete Inspect grates Ipenmeter sand inter) • Inspect inlets. outlets and overflow spnMray to ensure good condition and no evidence of erosion • Repair or replace any damaged structural parts • Stabilize any eroded areas. • Ensure that flow is nor bypassing the facility • ElfSure that no raticeable odors ace detected out the facility Annualh • Remove and replace the lop 2-5 inches of media evey 3 to 5 years for low sedimentapplications. more CACTI, /Of areas of high sediment yield or high oil ana grease a la 5 years In addition to the above, ponds shall be inspected annually to determine if draw down occurs within 48 hours, and corrections made if the time exceeds 48 hours. 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S 1 kapa,0 - 4.391090aW L 10111400 N01SOU3 Y 514101 1,0 9/l�N 30 i detol reculte Ittra gaud c:un k�o ipu�. .. ..>E.�....wk.��........®..a... o q :...,.....sue....--=--a....__3.....: r OLRULIrls3 Vaaupua Dios Pt ...Mr 4Iu41 Nul'16111110A10-a1.1ag AB pa.O.19 puellas u9mg bA pa.ctl'ak1 3A83S3Nd llIH2i33C1 ra 476494v10 RHB ME230-630 5 1 P a ,0 i 088g86116288268 9 ear, ,eerseereeo „ F189 !e:6q&1:11!q[ 5 it= a a_=g■ ,x A a3CS„8„,,,8.26 sgagn=iwifios@ ijiI82888888 SW! S p , 11111 i 1 ►1 • cA2221.8ea_.A,22122 5 476494v10 RHB ME230-630 D-2 D-3 476494v10 RHB ME230-630 EXHIBIT E TO CONSERVATION DESIGN -PLANNED UNIT DEVELOPMENT AGREEMENT FORM OF UPLAND BUFFER EASEMENT AGREEMENT THIS UPLAND BUFFER EASEMENT AGREEMENT (the "Agreement") is made this day of , 2016, by and among the city of Medina, a Minnesota municipal corporation (the "City"), and Property Resources Development Corporation, a Minnesota corporation (the "Developer"). RECITALS A. Grantor is the fee owner of property located in Hennepin County, Minnesota, legally described in Exhibit A attached hereto (the "Property"); and B. The Developer and the City have entered into a separate development agreement (the "Development Agreement") regarding the subdivision and development of the Property and other land owned by the Developer as Deerhill Preserve. C. The City has granted approval of a Planned Unit Development General Plan of Development and plat concerning Deerhill Preserve (the "City Approvals"), under the terms of which the Developer is required to establish upland buffers adjacent to wetlands on portions of the Property consistent with City regulations, the location of which is legally described on Exhibit B, attached hereto (the "Easement Area"). D. In accordance with the Development Agreement, the City Approvals and the City's wetland preservation ordinance, the City has requested that Developer grant to the City an easement (the "Upland Buffer Easement") over the Easement Area and Developer has agreed to maintain the Easement Area. The Easement Area is shown on the site plan depicted on Exhibit C attached hereto. E. Grantor is willing to grant the Upland Buffer Easement in accordance with the terms of this Agreement. F. The Developer is willing to establish and maintain the Upland Buffer in accordance with the terms of this Agreement. PROVISIONS In consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Grantor hereby grants and conveys to the City and to the Developer and their successors E-1 476494v10 RHB ME230-630 and assigns, an Upland Buffer Easement in, under, on, over and across the Easement Area, and the City and Developer hereby accept such grant. The duration of this easement is perpetual, subject to Minnesota law governing granting of easements to governmental bodies, and shall bind and inure to the benefit of the parties, their successors and assigns. 2. The following terms and conditions shall apply to the Easement Area: a. The Easement Area shall be preserved predominantly in its natural condition, except to the extent set forth below. No use shall be made of the Easement Area except uses, if any, which would not change or alter the condition of the Easement Area or its drainage, water conservation, erosion control, soil conservation, or fish and wildlife habitat and characteristics. b. No structures, hardcover or other improvements shall be constructed, erected, or placed upon, above or beneath the Easement Area, with the exception of a boardwalk or dock not to exceed four feet in width to allow reasonable access to the wetland. c. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Easement Area except as is necessary to remove storm damage, diseased or non- native vegetation or as authorized by the prior written consent of the City consistent with the wetland preservation ordinance A path no more than four feet in width may be mowed to allow reasonable access to the wetland. d. No earth, peat, gravel or soil, sand or any other natural material or substance shall be moved or removed from the Easement Area and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Easement Area without the prior written consent of the City. e. No soil, sand, gravel or other substance or material as landfill shall be placed, dumped or stored upon the Easement Area, and no waste, trash, yard waste, manure or other materials shall be placed, dumped or stored upon the Easement Area without the prior written consent of the City. 3. Grantor represents that Grantor owns the Easement Area in fee simple, subject only to the encumbrances of record. 4. The Grantor conveys to the City and to the Developer and their successors and assigns (collectively, the "Grantees"), the following rights: a. The Developer may enter upon the Easement Area for the purposes of preservation and maintenance of the Easement Area. The City may enter upon the Easement Area for the purposes of inspection and enforcement of the covenants contained herein and to cause to be removed from the Easement Area without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of E-2 476494v10 RHB ME230-630 the Easement Area. The City shall provide notice to the Developer and an order for corrective action consistent with City regulations. If the Developer does not take the required corrective action within 30 days or such additional period as may be reasonably necessary following notice of the required corrective action, the City may enter the Property in order to perform the action. In such case, the City shall send an invoice of their reasonable maintenance costs to the Developer, which shall include all reasonable staff time, engineering and legal and other reasonable costs and expenses incurred by the City. If the Developer fails to reimburse the City for its costs and expenses within 45 days of receipt of an invoice for such costs, the City shall have the right to assess the full cost thereof against the Subdivision Property. The Developer, on behalf of itself and its successor and assigns, acknowledges that the corrective work performed by the City benefits the Subdivision Property in an amount which exceeds the assessment and hereby waives any right to hearing or notice and the right to appeal the assessments otherwise provided by Minnesota Statutes, Chapter 429. b. The City may bring an action in any court of competent jurisdiction against the Developer to enforce the terms of this Agreement; to require restoration of the Easement Area to its prior or more natural condition; to enjoin such non- compliance by temporary or permanent injunction and to recover any damages arising from such non-compliance. If a court determines that the Developer has failed to comply with this Agreement, Developer or Developer's successors or assigns shall reimburse the City and Grantor for any reasonable costs of enforcement, including costs of restoration, court costs and reasonable attorneys' fees, in addition to any other payments ordered by the court. 5. Grantor hereby grants and conveys to the City and to the Developer a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Easement Area. 6. Developer shall bear all costs and liabilities of any kind related to ownership, operation and maintenance of the Easement Area, except for costs resulting from the negligence or acts of the City. 7. Developer agrees to indemnify, defend and hold harmless the City and the Grantor, their officials, employees and agents, against any and all loss, costs, damage and expense, including reasonable attorneys' fees and costs that the City or the Grantor incur because of the breach of any of the above covenants. The Grantor, the City and the Developer agree that each shall be responsible for its own acts and the results of such acts and shall not be responsible for the act of any other party and the results of such acts. 8. This Agreement may be amended only by mutual written agreement of the parties. 9. Nothing herein shall give the general public a right of access to the Property. 10. Grantor's and Developer's rights and obligations under this Agreement terminate upon E-3 476494v10 RHB ME230-630 transfer or termination of its interest in the Property, provided that any liability for acts or omissions occurring prior to the transfer or termination shall survive that transfer or termination. Nothing in this Paragraph 10 is deemed to alter or amend the remaining terms of the Agreement in the event of a transfer of interest. 11. Any notice required in this Agreement shall be delivered personally or sent by U.S. certified mail, return receipt requested: a) as to Developer: Property Resources Development Corporation, Inc. 6851 Flying Cloud Drive, Suite A Eden Prairie, MN 55344 Attention: Susan H. Seeland with a copy to: b) as to City: With a copy to: Anthony J. Gleekel Siegel Brill, P.A. 100 Washington Avenue South Suite 1300 Minneapolis, MN 55401 City of Medina 2052 County Road 24 Medina, MN 55340 Attn: City Administrator Ronald H. Batty Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 or at such other address as either parry may from time to time notify the other in writing in accordance with this paragraph. ************************ E-4 476494v10 RHB ME230-630 IN WITNESS WHEREOF, the parties to this Upland Buffer Easement Agreement have caused these presents to be executed as of the day and year aforesaid. STATE OF MINNESOTA COUNTY OF ) ss PROPERTY RESOURCES DEVELOPMENT CORPORATION By: Susan H. Seeland, President The foregoing instrument was acknowledged before me this day of , 2016, by Susan H. Seeland, the president of Property Resources Development Corporation, a Minnesota corporation, on behalf of the corporation. Notary Public E-5 476494v10 RHB ME230-630 CITY OF MEDINA By: By: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Bob Mitchell, Mayor Scott T. Johnson, City Administrator The foregoing instrument was acknowledged before me this day of , 2016, by Bob Mitchell and Scott T. Johnson, the mayor and city administrator, respectively, of the city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation. This document drafted by: City of Medina 2052 County Road 24 Medina, MN 55340 Notary Public E-6 476494v10 RHB ME230-630 EXHIBIT A TO UPLAND BUFFER EASEMENT AGREEMENT Legal Description The Property is legally described as Lot 1, Block 1, Deerhill Preserve, Hennepin County, Minnesota E-A-1 476494v10 RHB ME230-630 EXHIBIT B TO UPLAND BUFFER EASEMENT AGREEMENT The Upland Buffer Easement is over those portions of the Property legally described as follows: [to be completed] E-B-1 476494v10 RHB ME230-630 EXHIBIT C TO UPLAND BUFFER EASEMENT AGREEMENT Site Plan of the Property Showing the Easement Area [to be completed] E-C-1 476494v10 RHB ME230-630 EXHIBIT F TO CONSERVATION DESIGN -PLANNED UNIT DEVELOPMENT AGREEMENT FORM OF CONSERVATION EASEMENT [include final form of easement approved by MCWD on May 26, 2016] F-1 476494v10 RHB ME230-630 EXHIBIT G TO CONSERVATION DESIGN -PLANNED UNIT DEVELOPMENT AGREEMENT FORM OF LICENSE AGREEMENT FOR MAINTENANCE This License Agreement for Maintenance (the "Agreement") is made and entered into this day of , 2016, by and between the city of Medina, a Minnesota municipal corporation, (the "City"), and Property Resources Development Corporation, a Minnesota corporation (the "Developer"). RECITALS: WHEREAS, the City approved a Conservation Design -Planned Unit Development Agreement (the "Development Agreement") and the plat of Deerhill Preserve, which includes one or more islands in the right-of-way of Deerhill Road; and WHEREAS, the Developer intends to landscape the islands and to maintain grasses and other landscaping within the right-of-way of Deerhill Road (the Boulevard Landscaping as defined in the Development Agreement); and WHEREAS, although the islands and Boulevard Landscaping are located within the public right-of-way and not on private land the City does not intend to maintain them; and WHEREAS, the parties wish to set forth the terms and conditions under which the City will permit private landscaping in the islands and along the public right-of-way by the Developer or its successors in interest; and WHEREAS, the land which is subject to this Agreement is legally described in Exhibit A attached hereto. NOW, THEREFORE, subject to the license terms and conditions of this Agreement, in reliance upon the above recitals, and in reliance upon the representations, warranties and covenants of the parties herein contained, the City and the Developer agree as follows: ARTICLE 1 DEFINITIONS 1.1 Terms. The following terms, unless elsewhere defined specifically in this Agreement, shall have the following meanings as set forth below. 1.2 City. "City" means the city of Medina, a Minnesota municipal corporation. G-1 476494v10 RHB ME230-630 1.3 City Engineer. "City Engineer" means the appointed city engineer of the City and his/her delegatees. 1.4 Developer. "Developer" means Property Resources Development Corporation, or its successors or assigns. 1.5 Plat. "Plat" means the plat of Deerhill Preserve on file and of record in Hennepin County, Minnesota. 1.6 Improvements. "Improvements" means the landscaping in the islands and the Boulevard Landscaping to be installed by the Developer within the Public Right -of -Way. 1.7 Public Right -of -Way. "Public Right -of -Way" means the right-of-way for Deerhill Road for which has been dedicated to the public on the plat of Deerhill Preserve and by easement conveyed to the City by separate instrument over the portion of Deerhill Road located in the city of Orono. ARTICLE 2 MAINTENANCE OF IMPROVEMENTS 2.1 Maintenance. The Developer agrees to maintain the Improvements at its own expense for the term of this Agreement. The Developer agrees to keep any grass, trees, bushes, herbage, or vegetation planted within the island or along the right-of-way neatly trimmed and pruned, properly watered, and fertilized. The Developer shall consistently manicure and clean litter and debris from the Improvements. The Developer shall also maintain the landscaping so as not to interfere with vehicular access and agrees to trim, prune and otherwise maintain the Improvements at the direction of the City. 2.2 Additional Improvements. The Developer may install new Improvements only upon the City Engineer's written authorization. The Developer acknowledges and agrees that it must also apply for and receive any applicable City permits for any activities that require a permit pursuant to City code. The term "new Improvements" is intended to apply to: (i) improvements not included in the Plans or the Public Improvements as defined and approved pursuant to the terms of the Development Agreement; and (ii) major changes that may alter vehicular sight distance, or require City permits, or require disruption of roadway surfaces or vehicular traffic and is not intended to apply to the yearly planting of flowers or other herbage within the center islands or along the right-of-way. ARTICLE 3 CITY LICENSE GRANT 3.1 License Grant. The City hereby grants the Developer a license to maintain the Improvements pursuant to the terms and conditions of this Agreement. G-2 476494v10 RHB ME230-630 3.2 License. The terms of this Agreement shall only create a license for the Developer to maintain the Improvements within the public right-of-way. This Agreement does not create an interest in real property such as an easement or any other property right. 3.3 No Taking The termination of this Agreement by the City shall not constitute a taking as defined in Minnesota Statutes, § 117.025. The City and the Developer acknowledge and agree that the City must have the ability to use the full public -right-of-way dedicated by the Plat for any public purpose and that such use may eliminate part or all of the public right-of-way that is available for the Improvements. 3.4 City Maintenance if Required. The City reserves the right following reasonable written notice to the Developer to trim or eliminate any and all elements of the Improvements that, in the opinion of the City Engineer, threaten the safety of the public by obstructing vehicular sight distance, interfere with reasonable access to public improvements, interfere with vehicular passage, snowplowing or other maintenance or in any other manner interfere with the public's right to use and enjoy the public right-of-way for purposes for which it is intended. The Developer agrees to reimburse the City for any reasonable expenses or costs incurred by the City in maintaining the Improvements. ARTICLE 4 DAMAGE TO IMPROVEMENTS; INDEMNIFICATION OF CITY 4.1 The Developer recognizes that the location of the Boulevard Landscaping, particularly the grasses immediately adjacent to the paved surface of Deerhill Road and trees and shrubs within the right-of-way, is likely to result in damage to the Boulevard Landscaping in the normal course of City snowplowing and other maintenance activities. The Developer, on behalf of itself and its successors and assigns, hereby releases the City from any liability for destruction of or damage to any landscaping installed at the Developer's request and grasses within the right- of-way of Deerhill Road and shall be responsible for all repair or replacement itself. 4.2 Indemnification of City. The Developer hereby agrees to indemnify, defend and hold the City, its council, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and reasonable attorneys' fees, that the City incurs or suffers, which arise out of, result from or relate to: a) the maintenance of Improvements or installation of new Improvements pursuant to this Agreement by the Developer, its contractors, its members or any parry acting under the authorization or direction of the Developer; and b) any other activity within the public right-of-way pursuant to this Agreement or under the assumed authority of the City by the Developer, its contractors, its members or any party acting under the authorization or direction of the Developer. G-3 476494v10 RHB ME230-630 The Developer shall not be responsible to indemnify, defend or hold harmless the City for any claim, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties and attorneys' fees, that are incurred due to the negligence or intentional misconduct of the City, its employees, officials, agents or contractors. 4.3 Governmental Immunity. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Developer, its successors or assigns, shall be subject to any governmental immunity defenses of the City under common law and the maximum liability limits provided in Minnesota Statutes, Chapter 466. 4.4 Hazardous Substances. The Developer agrees that no hazardous substances, pollutants or contaminants shall be used for any maintenance of the Improvements within the public right-of-way. The City shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys' fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release of any hazardous substances, pollutants, or contaminants, caused by the Developer. ARTICLE 5 TERMINATION 5.1 City Termination for Licensee Failure to Maintain. If the Developer fails to maintain the Improvements within the public right-of-way within a reasonable standard of care, the City may serve notice of the maintenance deficiency. If the Developer fails to cure the maintenance deficiency within 60 days of the notice of maintenance deficiency, the City may serve a notice of license termination. If the Developer fails to request in writing a City council hearing pursuant to the notice requirements within 60 days of the notice of license termination, this Agreement shall be deemed terminated. If the Developer requests a City council hearing, the termination shall be effective following reasonable notice, a City council hearing, and the passage of a City council resolution terminating this Agreement. 5.2 Termination for Public Purpose. This Agreement may be terminated by the City upon passage of a City council resolution (following a public hearing) finding that the public right-of-way is needed for any alternative public purpose which may require either a temporary, partial, permanent or total elimination of the Improvements within the public right-of-way. The termination of this Agreement shall be effective 60 days after the City's mailing of said resolution to the Developer pursuant to the notice requirements of this Agreement. ARTICLE 6 MISCELLANEOUS 6.1 City's Duties. The terms of this Agreement shall not be considered an affirmative duty upon the City to maintain the Improvements within the public right-of-way. G-4 476494v10 RHB ME230-630 6.2 No Third Parry Recourse. Third parties shall have no recourse against the City or Developer under this Agreement. The covenants and conditions of this Agreement are intended for the benefit of the parties hereto and are not intended to create any third parry beneficiaries. 6.3 Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Agreement. 6.4 No Assignment. The parties mutually recognize and agree that this Agreement shall not be assigned by the Developer unless said assignment is agreed to by the City in writing. Notwithstanding the above, the City hereby consents to the assignment of this Agreement by the Developer to the homeowners' association ("HOA") for Deerhill Preserve or similar entity so long as the HOA assumes all obligations and liabilities of the Developer under this Agreement. 6.5 Amendment. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any agreement on the part of any party for any such amendment must be in writing. 6.6 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Minnesota. 6.7 Notice. Any notice required to be given under this Agreement shall be sufficiently given by one party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage prepaid, addressed as follows: a) as to Developer: Property Resources Development Corporation6851 Flying Cloud Drive, Suite A Eden Prairie, MN 55344 Attention: Susan H. Seeland with a copy to: b) as to City: Anthony J. Gleekel Siegel Brill, P.A. 100 Washington Avenue South Suite 1300 Minneapolis, MN 55401 City of Medina 2052 County Road 24 Medina, MN 55340 ATTN: City Administrator 476494v10 RHB ME230-630 G-5 with a copy to: Ronald H. Batty Kennedy & Graven 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 or to such other address as the party addressed shall have previously designated by notice given in accordance with this section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above. 6.8 Successors and Assigns. All duties and obligations of the Developer under this Agreement shall also be duties and obligations of the Developer's successors and assigns. The terms and conditions of this Agreement shall run with the Property. Notwithstanding the foregoing, upon execution and recording by the HOA for the Property of an instrument in form and substance reasonably satisfactory to the City assuming and agreeing to perform the obligations and responsibilities of the Developer under this Agreement, the HOA shall be bound by all terms and conditions of this Agreement as if it were the original signatory hereto and the Developer, its successors and assigns, shall be released from all liability under this Agreement, but the Property shall remain subject to the terms and conditions of this Agreement. 6.9 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 6.10 Headings. The subject headings of the paragraphs and subparagraphs of this Agreement are included for purposes of convenience only, and shall not affect the construction of interpretation of any of its provisions. 6.11 No Additional Waiver Implied By One Waiver. In the event any agreement contained in this Agreement is breached by the Developer and thereafter waived in writing by the City, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. All waivers by the City must be in writing. 6.12 Insurance. The Developer represents that the Developer has general liability insurance and hereby agrees to provide the City with a copy of a certificate of insurance evidencing its general liability insurance policy prior to any maintenance of the Improvements or installation of new Improvements pursuant to this Agreement. The Developer agrees to keep its general liability policy in place and active at all times during the term of this Agreement and the Developer agrees to give the City written notice of any policy cancellation or material changes in the general liability policy limits G-6 476494v10 RHB ME230-630 IN WITNESS WHEREOF, the parties have executed this License Agreement for Maintenance. STATE OF MINNESOTA COUNTY OF ) ss PROPERTY RESOURCES DEVELOPMENT CORPORATION By: Susan H. Seeland, President The foregoing instrument was acknowledged before me this day of , 2016, by Susan H. Seeland, the president of Property Resources Development Corporation, a Minnesota corporation, on behalf of the corporation. Notary Public G-7 476494v10 RHB ME230-630 CITY OF MEDINA By: By: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Bob Mitchell, Mayor Scott T. Johnson, City Administrator The foregoing instrument was acknowledged before me this day of , 2016, by Bob Mitchell and Scott T. Johnson, the mayor and city administrator, respectively, of the city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation. This instrument drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 Notary Public G-8 476494v10 RHB ME230-630 EXHIBIT A TO LICENSE AGREEMENT FOR MAINTENANCE The land to which this License Agreement for Maintenance applies is legally described as follows: Lots 1 through 4, Block 1; Lots 1 and 2, Block 2; Lots 1 through 4; Block 3; and Outlots B, C, D, E, F, G, H, I, J, K, L, M and N, all in Deerhill Preserve, Hennepin County, Minnesota. G-A-1 476494v10 RHB ME230-630 EXHIBIT H TO CONSERVATION DESIGN -PLANNED UNIT DEVELOPMENT AGREEMENT Land Stewardship Plan [include final form of LSP approved by MWCD on May 26, 2016] H-1 476494v10 RHB ME230-630 EXHIBIT I TO CONSERVATION DESIGN -PLANNED UNIT DEVELOPMENT AGREEMENT FORM OF RIGHT-OF-WAY EASEMENT THIS INSTRUMENT is made by Stonegate Farm, Inc., a Minnesota corporation, Grantor, in favor of the city of Medina, a Minnesota municipal corporation, Grantee. Recitals A. Grantor is the fee owner of the property located in Hennepin County, Minnesota, and legally described in Exhibit A attached hereto (the "Property"). B. Grantor desires to grant to the Grantee an easement according to the terms and conditions contained herein. Terms of Easement 1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee a permanent, non-exclusive easement for right-of-way purposes over, under, across and through the land legally described in Exhibit B and depicted on Exhibit C, both attached hereto (the "Easement Area"). 2. Scope of Easement. The permanent non-exclusive right-of-way easement granted herein includes the right of the Grantee, its contractors, agents, and employees to enter the Property at all reasonable times for the purpose of grading, locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing within the Easement Area for use by the public a public roadway, sidewalk, and other public facilities or improvements of any type that are not inconsistent with a public right-of-way. The easement granted herein also includes the right of the Grantee, its successors and assigns, to cut, trim, or remove from the easement area trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the Easement Area or improvements of the Grantee located therein. 3. Warranty of Title. The Grantor warrants it is the fee owner of the Property and has the right, title and capacity to convey to the Grantee the easement herein. 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement Area prior to the date of this instrument. I-1 476494v10 RHB ME230-630 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. STATE DEED TAX DUE HEREON: NONE Dated this day of , 2016. STONEGATE FARM, INC. STATE OF MINNESOTA COUNTY OF ) ss. By: , Vice President The foregoing instrument was acknowledged before me this day of , 2016, by , the Vice President of Stonegate Farm, Inc., a Minnesota corporation, on behalf of the corporation, Grantor. NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (RHB) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 Notary Public I-2 476494v10 RHB ME230-630 EXHIBIT A TO RIGHT-OF-WAY EASEMENT Legal Description The Property referenced in the preceding right-of-way easement is legally described as follows: That part of the East Half of the Southwest Quarter of Section 28, Township 118, Range 23 lying North of the center line of County Road No. 6 as monumented and platted in the plat of Hennepin County State Aid Highway Number Six, Plat Five, Hennepin County, Minnesota. I-A-1 476494v10 RHB ME230-630 EXHIBIT B TO RIGHT-OF-WAY EASEMENT Legal Description The portion of the Property subject to the right-of-way easement is legally described as follows: [to be completed] I-B-1 476494v10 RHB ME230-630 EXHIBIT C TO RIGHT-OF-WAY EASEMENT The portion of the Property subject to the right-of-way easement is depicted below: [to be completed] 476494v10 RHB ME230-630 I-C-1 EXHIBIT J TO CONSERVATION DESIGN -PLANNED UNIT DEVELOPMENT AGREEMENT FORM OF PETITION AND WAIVER AGREEMENT PETITION AND WAIVER AGREEMENT THIS AGREEMENT is made this day of , 2016 (the "Effective Date"), by and between the city of Medina, a Minnesota municipal corporation (the "City"), Stonegate Farm, Inc., a Minnesota corporation (the "Owner") and Property Resources Development Corporation, a Minnesota corporation (the "Developer"). WITNESSETH: WHEREAS, the Owner is the fee owner of certain real property located in Medina and legally described on Exhibit A attached hereto, (the "Property"); and WHEREAS, the City has approved a Conservation Design -Planned Unit Development Agreement (the "Development Agreement") with the Developer, and the plat of Deerhill Preserve (collectively, the "City Approvals") to allow the development of the Property for residential purposes; and WHEREAS, pursuant to the terms of the Development Agreement, the City and the Developer have agreed that the City will construct certain public improvements which will benefit the Property (the "Public Improvements"); and WHEREAS, the City is willing to construct the Public Improvements without notices or hearings, provided the assurances and covenants hereinafter stated are made by the Owner and the Developer to ensure that the City will have a valid and collectable special assessment as it relates to the Property to finance the cost of the Public Improvements; and WHEREAS, were it not for the assurances and covenants hereinafter provided, the City would not construct the Public Improvements without such notices and hearings and is doing so solely at the behest, and for the benefit, of the Developer; and WHEREAS, the parties have entered into this Agreement pursuant to and in satisfaction of the terms of the Development Agreement and the City Approvals previously granted by the City. NOW, THEREFORE, ON THE BASIS OF THE COVENANTS AND OBLIGATIONS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: 476494v10 RHB ME230-630 J-1 1. The Owner represents and warrants it is the fee owner of the Property, that it has full legal power and authority to encumber the Property as herein provided, that in doing so it is not in violation of the terms or conditions of any instrument or agreement of any nature to which it is bound or which relates in any manner to the Property and that there are no other liens or encumbrances against the Property except those of record as of this date. 2. Pursuant to the terms and conditions of this Agreement and the Development Agreement, the Owner (and currently the Developer), which owns all land abutting the Public Improvements contemplated herein, hereby petitions the City for construction of the Public Improvements, as more fully described in the Development Agreement. The Owner intends on conveying the Property to the Developer in phases over time, including the ten (10) residential lots created out of Phase I of the Subdivision (as those terms are defined in the Development Agreement). 3. The Owner and the Developer consent to the City levying a special assessment for the Public Improvements against the Property in accordance with Minn. Stat., Section 429.061 and the terms and conditions of Section 7 of the Development Agreement. The principal amount of the special assessment shall not exceed the lesser of the actual cost, including all of the City's costs incurred in constructing the Public Improvements, including legal, engineering, and other consulting fees and the cost of bond issuance and ongoing bond administrative fees or $1,085,720. This figure is based on the cost estimates shown on Exhibit B attached hereto. Such maximum amount to be assessed shall be adjusted to include the amount of any change order approved by the Medina city council following award of the contract for the Public Improvements. The City shall deliver written notice to the Developer prior to accepting any change order. 4. The Owner and Developer waive notice of hearing and hearing pursuant to Minn. Stat. Section 429.031, on the Public Improvements and notice of hearing and hearing on the special assessment levied to finance the Public Improvements pursuant to Minn. Stat. Section 429.061 and specifically request that the Public Improvements be constructed and the special assessment be levied against the Property without notice of hearing or hearing. 5. The Owner and the Developer waive the right to appeal the levy of special assessment in accordance with this Agreement pursuant to Minn. Stat. Section 429.081 and further specifically agree with respect to such special assessment against the Property that: a. All requirements of Minn. Stat., Chapter 429 with which the City does not comply are hereby waived by the Developer; and b. The increase in fair market value of the Property resulting from construction of the Improvement Project will be at least equal to the amount of the special assessment levied against the Property, and that such increase in fair market value is a special benefit to the Property. 6. The special assessment will be levied against the Property consistent with Section 7 of the Development Agreement. The special assessment for each lot will be due and 476494v10 RHB ME230-630 J-2 payable at the time of the Developer's sale of a lot to a builder or end user or upon and as a condition of the issuance of a building permit for any such lot, whichever is earlier. Any special assessment amounts remaining unpaid on November 1, 2028, will be payable in equal installments over the following three years. All payments shall bear interest at a rate equal to no more than two percent above the City's cost of financing (based on the sale of municipal bonds with a 15-year term), rounded up to the nearest one -quarter percent. All special assessments, including deferred assessments, will accrue interest in accordance with the City's policy on special assessments, which specifies compound interest from the date of adoption of the assessment roll. Such interest shall also be calculated during the period of deferral, and the Developer may pay the interest costs to the City, or such interest costs may be capitalized into the payments due. The City's cost of financing shall mean the average coupon rate if the City sells debt to finance the Public Improvements. If no debt is sold for the Public Improvements, the rate shall be set using the same formula based on special assessment bonds of Minnesota municipalities which have the same credit rating as that of the City and are issued and sold at approximately the same time as the adoption of the resolution levying the special assessment. The first installment of principal and interest shall be included in the first tax rolls completed after adoption of the resolution levying the special assessment, except insofar as those portions that are deferred under the terms herein. The foregoing notwithstanding, the special assessments may be prepaid at any time. 7. The Owner and the Developer agree to take no action which would cause the Property to be eligible for deferral of the special assessments beyond the 12 year deferral specified herein. Any such action by or on behalf of the Developer shall be an Event of Default under this Agreement and shall cause the special assessments to be due and payable immediately. 8. The covenants, waivers and agreements contained in this Agreement shall bind the Owner and the Developer and their successors and assigns and shall run with the Property. It is the intent of the parties hereto that this Agreement be in a form which is recordable among the land records of Hennepin County, Minnesota and the Owner, the Developer and the City agree to make any changes in this Agreement which may be necessary to effect the recording and filing of this Agreement against the title of the Property. 9. At the request of the Owner and the Developer, the City agrees to reapportion the special assessment initially levied against the outlots in Deerhill Preserve as additional lots are created in future Phases in such manner as the Owner and the Developer request, subject to the City's reasonable determination that the reapportionment will not adversely affect the City's ability to collect the full amount of the special assessment. 10. Any notice required to be given under this Agreement shall be deemed given if delivered personally or sent by U.S. mail, postage prepaid, certified and return receipt requested: 476494v10 RHB ME230-630 J-3 a) as to Developer and Owner: Property Resources Development Corporation 6851 Flying Cloud Drive, Suite A Eden Prairie, MN 55344 Attention: Susan H. Seeland with a copy to: Anthony J. Gleekel Siegel Brill, P.A. 100 Washington Avenue South Suite 1300 Minneapolis, MN 55401 b) as to City: City of Medina 2052 County Road 24 Medina, MN 55340 ATTN: City Administrator c) with a copy to: Ronald H. Batty, City Attorney Kennedy & Graven, Chartered 470 U.S. Bank Plaza Minneapolis, MN 55402 or at such other address as any party may from time to time notify the others in writing in accordance with this paragraph. 11. This Agreement shall terminate upon the final payment of all special assessment levied against the Property for the Public Improvements. The City agrees to execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder upon receipt of such final payment. ************************* 476494v10 RHB ME230-630 J-4 IN WITNESS WHEREOF, the parties have executed this Petition and Waiver. By: STATE OF MINNESOTA ) ) ss. COUNTY OF ) PROPERTY RESOURCES DEVELOPMENT CORPORATION Susan H. Seeland, President The foregoing instrument was acknowledged before me this day of , 2016, by Susan H. Seeland, the President of Property Resources Development Corporation, a Minnesota corporation, on behalf of the corporation, Developer. Notary Public 476494v10 RHB ME230-630 J-5 IN WITNESS WHEREOF, the parties have executed this Petition and Waiver. STONEGATE FARM, INC. By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2016, by , the of Stonegate Farm, Inc., a Minnesota corporation, on behalf of the corporation, Owner. Notary Public 476494v10 RHB ME230-630 J-6 CITY OF MEDINA By: Bob Mitchell., Mayor By: Scott T. Johnson, City Administrator STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, by Bob Mitchell and Scott T. Johnson, the mayor and city administrator, respectively, of the city of Medina, a municipal corporation under the laws of the state of Minnesota, on behalf of the City. THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (RHB) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Notary Public 476494v10 RHB ME230-630 J-7 EXHIBIT A TO PETITION AND WAIVER AGREEMENT Legal Description The land to which this Petition and Waiver Agreement applies is legally described as follows: Lots 1 through 4, Block 1; Lots 1 and 2, Block 2; Lots 1 through 4; Block 3; and Outlots B, C, D, E, F, G, H, I, J, K, L, M and N, all in Deerhill Preserve, Hennepin County, Minnesota. J-A-1 476494v10 RHB ME230-630 EXHIBIT B TO PETITION AND WAIVER AGREEMENT Estimated Improvement Project Costs Construction cost, including contingency and overhead $ 957,625 Costs of bond issuance, including fees for fiscal agent, rating agency, bond trust services, county auditor's certificate, underwriter premium, bond counsel and annual arbitrage and fiscal agent fees Legal fees Engineering fees $ 63,095 $ 40,000 $ 25,000 $1,085,720 J-B-1 476494v10 RHB ME230-630 WSB && Associates, engineering • planning • environmental • construction 707 Xenia 19venue South Suite 300 Minneapolis, MN 55416 Tel: 763-5q 1-51800 Fax: 763-541-1700 Memorandum To: Tom Kellogg, P.E., City Engineer City of Medina From: Earth Evans, P.E. Water Resources Project Manager WSB & Associates, Inc. Date: 5.24.16 Re: Deerhill Preserve Stormwater Management Plan Review City Project No. LR-15-162 WSB Project No. 2712-81 We have completed a review of the Deerhill Preserve, formerly Stonegate Farms development in Medina, MN. The site was previously reviewed on 2.16.16. Documents provided for review by Sathre-Berquist include the following: • Grading and Utility Plans dated 5.2.16 • Culvert Design calculation dated 5.2.16 These plans were reviewed for general conformance with the City of Medina's Stormwater Design Manual and general engineering practices for stormwater management. 1. Please provide updated Hydrocad modeling 2. The City's Design Guide requires infiltration unless soils or other constraints prohibit it, then filtration can be used. The Soil Survey information provided indicates HSG B soils, which are conducive to infiltration. The comment response letter indicates that infiltration will be provided if it is feasible and that soil borings have been schedule. Please provide the results of the soil borings and amend the infiltration basins as needed based on those results. Final approval of the infiltration basins cannot be provided until the results of the soil borings are provided due to the changes required to the design if infiltration is feasible. Additionally, the abstraction volume will need to be updated based on the results of the soil borings. St. Cloud • Minneapolis • St. Paul Equal Opportunity Employer wsbeng • com CAUsers\dustyfinke\AppData\Local \Microsoft\Windows \Temporary Internet Files \Content.Outlook\AZR606ZD\Deerhill Preserve_050416.doc Stonegate Farms 5.4.16 Page 2 3. Please verify the discharge in the Culvert Design calculation matches the peak 100-year discharge to the culverts. The calculation indicates that the full pipe capacity is significantly higher than the projected design flow. Flowing full, the velocity in the culverts will be greater than 6 fps. 4. The plans indicate the piped outlets from several of the proposed grassed channels will be constructed in the future. Please clarify the sequencing. The piped outlets, or at minimum a defined and stabilized temporary overflow route, should be provided for the proposed channels concurrent with construction of the channel grading. This is in particular a concern for the outlet from Channel F because the overflow route is offsite if the piped outlet isn't constructed. 5. FES B 1 to B2 is routed from west to east. Confirm that an adequate flow path is provided downstream of B2 and that there is a drainage/utility easement to cover the flow path. 6. A piped outlet is recommended from Channel B into Pond 4 to reduce erosion at the overflow path from the channel. Q\Users\dustyfinke\AppData\ Local\ MicrosoltWindows\Temporary Internet Files\ Content.Outlook AZR606ZD\Deerhill Preserve_050416.doc VICINITY MAP PUD Zoning: Fysb - 50 ft Sysb - 20 ft Rysb - 10 ft 60' Row - 24' Pavement 50' Row - 22' Pavement(Culde-sacs) s! 7 W O CONSTRUCTION PHASING 1. ALL OF GRADING TO BE COMPLETED IN 2016. 2. ALL PONDS AND DITCHES TO BE COMPLETED IN 2016. 3. ROADWAY THAT IS HATCHED TO BE COMPLETED IN 2016 4. TRAIL THAT IS HATCHED IS TO BE COMPLETED IN 2016 5. WEAR COARSE TO DETERMINED BY BUILDING PERMITS 6. STORM SEWER HIGHLIGHTED IN YELLOW TO BE INSTALLED IN THE FUTURE. ALL OTHER STORM SEWER TO BE INSTALLED IN 2016. 7. TURN LANE TO BE INSTALLED IN 2016 8. CULDESACS TO BE GRADED IN 2016. CULDESAC STREET CONSTRUCTION TO BE DETERMINED. z 200 100 0 100 200 400 %! SCALE IN FEET 1 / J� — 1 I I- 11 —� I t- ---4 1 I / L----[(-' C I ` I —1——1 �---k—< ni H I I I I I I I y—J --LL�1' SHEET INDEX TABLE < > SHEET Description 1 Title Sheet 2-8 Grading, Drainage, and Erosion Control Plan 9-10 Infiltration Basins and Dry Swale Details 11-12 Erosion Control Plan 12-21 Street Plan and Turn Lane Plans 22-26 Storm Sewer Plan -e- — xco, —7— I I I I 1 I I 1 I PREPARED BY PREPARED FOR < ENGINEER X DEVELOPER SATHRE-BERGQUIST, INC. PROPERTY RESOURCES DEVELOPMENT COMPANY 150 SOUTH BROADWAY WAYZATA, MINNESOTA 55391 PHONE: (952) 476-6000 FAX: (952) 476-0104 CONTACT : DANIEL L. SCHMIDT, P.E. EMAIL: SCHMIDT@SATHRE.COM 6851 FLYING CLOUD DRIVE EDEN PRAIRIE, MN 55344 PHONE: (612) 991-1823 DRAWING NAME NO. == DRAWN BY CHECKED BY MMMO M3INKEEMItTilLM DLS DLS DLS 02-12-201: 03-11-201: 05-02-2016 REV. PONDS AND INFILTRATION BASINS CITY REVISIONS CITY REVISIONS USE (INCLUDING COPY NG, DISTRIBUTION, AND/OR CONVEYANCE OF INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT SATHRE-BERGQUIST, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY INDEMNIFY SATHRE-BERGQUIST, INC. OF ALL RESPONSIBILITY. SATHRE-BERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING FROM ILLEGITMATE USE. I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. Daniel L Schmidt, P.E. Date: 02/08/2016 Lic. No. 26147 N SATHRE-BERGQUIST, INC. 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952) 476-6000 CITY PROJECT NO. MEDINA, MINNESOTA TITLE PAGE DEERHILL PRESERVE PRDC FILE NO. 7282-010-200 DEERHILL PRESERVE 7282-010-200 C z 4 25^' 4" SELECT TOPSOIL BORROW 6" CROWN (0.02% MIN) 4•SELECT TOPSOIL BORRO 2' MIN. I 4' DITCH BOTTOM 1 Mr-SPWEB2400 WEAR COURSE 25SPNWB230B BASE ME% 10'-LASS 5 AGGREGATE BASE, RN%CRUSHED UMEROCK OR RECYCLED AGG.(MNOOT 3138.) %%RADE STABILIZATION FABRIC -002,ES NON -WOVEN COMPACTED AGGREGATE BASE AS CONDITIONS REQUIRE IOW VOW% BTRIMINOUS STREET ti 4' PERFORATED DRAINRIE DRAWEE Rd FILTER SOCK BEDDED IN PEE ROCK 11/r- B20302400 WEAR COUPBE 10"-CLASS BASE COURSE IO"-CLASS 5 AGGREGATE BASE, 10016CAUA® LMEROCR OR RECYCIFD AGG. (MNDOT SIM.) SUB,G4. E STABILISATION FABRIC -O=SR NONWOVEN COMPACTEDAGGREGATEBA4 AS OONDITONREQMRE NOTE: IOW VOLUME BITUMINOUS STREET WITH CONIPEIE Q1RBM10 GIR1E0. 1. PILORGANIC OROTIERUNSURABLEMATERTAL 9l4LL BE REMOVED FROMBENEAGTHE ROADWAY INSTALLED AS SHALL BE TO AllID BEHIND CURB ALL LOW POBiTS, 5P PI EACH DIRECRON.DPAIMILETO BE INSTALLED AS REQUIRED TO ADEQUATELY DRAIN ALL LOW AREAS. DEER HILL ROAD LOW VOLUME RURAL AND URBAN STREET TYPICAL SECTION LAST 0.041SION: TAN. 2011 STR 05 FILL ROW 30. 30 CUT ROW ROW, FILL 15' 15' 12' 12' 3% PROPOSED STREET SECTION A DEERHILL ROAD 1.0' 30 CUT 30 ROW 15' 15' 12' 3% 3% 3 3.Y 8' 2 14' BOTTOM PROPOSED STREET SECTION B FILL ROW 30 CUT 30 ROAD SECTION MODIFICATIONS FOR DRY SWALE BMP ROW 1.0' 1 I3.Y 5;1 15' 12' 12' 3% 3% PROPOSED STREET SECTION C DEERHILL ROAD o,max.55 STA53,50ra,q, 50,50 1.2' 5'I 5;1 6' 14' BOTTOM NORTH SIDE ROW 30 SOUTH SIDE 30 ROW 3% 15' 12' 12' 3% 3:5 PROPOSED STREET SECTION D L 2' 6' I I 4' BOTTOM ROW 30 CUT 30 ROW 15' 12' VARIES 12' 3% PROPOSED STREET SECTION E STA5r00t1I ,y, Fro 4' BOTTOM ROW SOUTH SIDE NORTH SIDE 25 25 ROW ROW 3% 14' 14' 11' % 3% PROPOSED STREET SECTION F SOUTH CUL DE SAC STAG RIDGE 6' II 4BOTTOM EAST SIDE 25 3% 14' 14' 11' 3% PROPOSED STREET SECTIO NORTH CUL DE SAC FOX HILL ROAD SEPTIC SITE LEGEND PROPOSED SEPTIC LOCATION PERC BORING COIL BORING CONTOUR LEGEND - - 2' CONTOUR EXISTING - - 10' CONTOUR EXISTING 2' CONTOUR PROPOSED 10' CONTOUR EXISTING 2' CONTOUR PROPOSED CUSTOM GRADED 10' CONTOUR PROPOSED CUSTOM GRADED EROSION CONTROL LEGEND ROCK ENTRANCE BERM SILT FENCE SILT FENCE (POST CONSTRUCTION) BIO-ROLL CONCRETE WASHOUT INLET PROTECTION CAT.3 STRAW BLANKET ON -SITE BMPS - (Far more detailed information Section 2.2 of the SWPPP) 1. REDUCE IMPERVIOUS AREA - REDUCTION IN STREET WIDTH FROM 24' TO 22'. 2. RIP RAP - RIP RAP WILL BE UTILIZED AT ALL APRONS FOR ENERGY DISSIPATION AND PROVIDE SEDIMENT CONTROL- (Utility Contractor) 3. INLET PROTECTION - INLET PROTECTION WILL BE INSTALLED AND MAINTAINED IN ALL CATCH BASINS 8 REAR YARD STRUCTURES. (WIMCO'S OR EQUAL) -(Utility Contractor) 4. SLOPE STABILIZATION - SILT FENCE WILL BE INSTALLED ALONG DOWN GRADIENT GRADING LIMITS AND WOODFIBER BLANKET WILL BE UTILIZED ON ALL SLOPES 3:1 OR GREATER TO PROVIDE ADEQUATE SLOPE STABILIZATION. (Grading Contractor) 5. BIOROLLS - BIOROLLS WILL BE INSTALLED ALONG REAR YARD SWALES TO PREVENT SEDIMENT FROM REACHING THE NURP POND AND ULTIMATELY DOWNSTREAM WETLANDS(Grading Contractor). 6. STREET SWEEPING - STREET SWEEPING WILL BE DONE A MINIMUM OF ONCE PER WEEK OR AS NEEDED TO MINIMIZE DUST CONTROL AND VEHICLE TRACKING.(Grading and Utility Contractor) 10. PHOSPHOROUS FREE FERTILIZER- PHOSPHOROUS FREE FERTILIZER WILL ALSO BE USED ON SITE.- 11. ALL CONCRETE WASHOUT WASTE PRODUCED SHALL BE REMOVED FROM THE SITE. (Utility Contractor) 12. DRY SWALE 12.1. FLATTER DITCH SLOPES TO REDUCE EROSION AND INCREASE TREATMENT 12.2. SOIL MODICATIONS AS PER PAGE 12 300 150 0 150 300 600 Z SCALE IN FEET CONSTRUCTION NOTES 1. INSTALL SILT FENCE AS SHOWN ON PLAN, AS REQUIRED BY THE CITY OF MEDINA, MINNEHAHA CREEK WATERSHED DISTRICT OR DIRECTED BY THE ENGINEER. 2. INSPECT POND, SILT FENCE, AND ROCK ENTRANCE BERM AFTER ALL RAINFALL EVENTS AS REQUIRED BY THE NPDES PERMIT. 3. L08 WO PADS 3.1 MAX. 4. RESTORATION -28 ACRES PLUS WETLAND RESTORATION AREAS. DRY SWALES AND INFILTRATION AREAS SEEDING BY OTHERS 4.1. RESTORE ALL DISTURBED AREAS EXCEPT DRY SWALES AND INFILTRATION AREAS WITH 4" TO 6" OF TOPSOIL, OR EXISTING ON -SITE ORGANIC MTRL. 42. SEED ALL DISTURBED AREAS WITH MNDOT MIXTURE N250 AT A RATE OF 100 LBS./ACRE AND FERTILIZE WITH 2OA10 AT 100 LBS./ACRE. (UNLESS OTHERWISE NOTED) WETLAND RESTORATION - BWSR SEED MIX FOR WETLANDS (AS NOTED IN THE WETLAND REPLACEMENT PLAN APPLICATION) 4.3. ONLY PHOSPHOROUS FREE FERTILIZER IS TO BE USED ON SITE. 4.4. MULCH WITH TYPE 1 AT A RATE OF 2 TONS/ACRE AND DISC ANCHOR IMMEDIATELY AFTER PLACEMENT. USE WOODFIBER BLANKET ON ALL SLOPES 3:1 (FT) OR GREATER. 4.5. PLACE APPROVED STORM SEWER INLET PROTECTION IN OR AROUND ALL STORM SEWER INLETS AND MAINTAIN UNTIL STREET CONSTRUCTION IS COMPLETED. 4.6. MAINTAIN ALL SILT FENCE UNTIL TURF HAS BEEN ESTABLISHED. 4.7. RESTORATION WORK WILL BE COMPLETED WITHIN 72 HOURS OF GRADING COMPLETION. 5. SILT FENCE, BEFORE GRADING -22,OODLF 6. SILT FENCE AFTER GRADING- 1,500 LF 7. ALL INDIVIDUAL LOTS WILL BE CUSTOM GRADED, UNLESS OTHERWISE NOTED AS MASS GRADED LOTS. HOUSES AND DRIVEWAYS ARE FOR ILLUSTRATIVE PURPOSES ONLY; THE PROPOSED CONTOURS SHOWN ARE 1 POSSIBLE GRADING OPTION. AS PART OF THE BUILDING PERMIT, CUSTOM GRADING 8 DRAINAGE AND EROSION CONTROL PLANS WILL BE PREPARED. 8. WHERE DITCHES ARE PRESENT AT DRIVEWAY LOCATIONS, CULVERTS MAY BE REQUIRED. 9. CULVERTS SHALL BE INSTALLED AT ALL DRIVEWAYS. SIZING AND LOCATIONS SHALL BE DETERMINED WHEN THE INDIVIDUAL SITE SURVEYS ARE PREPARED. A MINIMUM 12" CULVERT SHALL BE REQUIRED. DRAWING NAME NO. BY DATE REVISIONS Base SGF DRAWN BY DSG CHECKED BY DLS DATE 05/01/15 1 2 3 4 5 6 DLS 02-12-2016 REV. PONDS AND INFILTRATION BASINS DLS 03-11-2016 CITY REVISIONS DLS 03-29-2016 REVISED ALIGNMENT TO AVOID P.P.'S DLS 03-31-2016 ADDED RET WALL AT WETLAND CROSSING DLS O4-19-2016 ADDED WETLAND CROSSING CROSS SECTION DLS 05-02-2016 CITY REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT SATHRE-BERGQUIST, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY INDEMNIFY SATHRE-BERGQUIST, INC. OF ALL RESPONSIBILITY. SATHRE-BERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING FROM ILLEGITMATE USE. I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. Daniel L Schmidt, P.E. Date: 02/08/2016 Lic. No. 26147 N SATHRE-BERGQUIST, INC. 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952) 476-6000 CITY PROJECT NO. MEDINA, MINNESOTA GRADING, DRAINAGE, AND EROSION CONTROL PLAN DEERHILL PRESERVE PRDC FILE NO. 7282-010-200 2 26 DEERHILL PRESERVE 7282-010-200 61CTRATON- --' BASIN #4 BOT 992.0 HWL 994.0 (FUTURE TEMP BASIN) - � SED BASIN 1 1 1 1 1 I 1 I 1 1 1 TRAIL EASEMENT TO BE ORbFTED WHEN OUTLOTD IS Y2EPLATTED / / / TRAIL EASEMENT E DRAFTED AFTER :ONSTRUCTION 1D0 ¢\ 1 29.7 A 3.081 // 00 .58) 1,1, — . — — _ / I 633 M HPir \ • 1 NORTH • ♦♦ • 29.7 Ac. I / I ILTRATON I /BASIN #1 I BOT 992.0 I I HWL995.3 I I I I I I I I FOREBAY I I I I I I BOND 1 N1WL 993.0 HWL 995.3 • • r / r/ L 1 WETLAND 1 (Preserve) i HWL - 989.2 (MCWD STUDY) • • • ENKA MAT REINFORCED • EOF - SEE DETAIL N •• y N ` 990 50 25 0 25 50 100 SCALE IN FEET F'� 1 I 100 YEAR" FLOODPLAIN -I ELEVATION 989,2 AS PER MCWD STUDY I-_ OUTLOT B ("8_ WETLAND 1 (DNR Preserve) 29.7 Ac. DRAWING NAME NO BY DATE REVISIONS Base SGF DRAWN BY DSG CHECKED BY DLS DATE 05/01/15 2 3 4 5 6 DLS 02-12-2016 REV. PONDS AND INFILTRATION BASINS DLS 03-11-2016 CITY REVISIONS DLS 03-29-2016 REVISED ALIGNMENT TO AVOID P.P.'S DLS 03-31-2016 ADDED RET WALL AT WETLAND CROSSING DLS O4-19-2016 ADDED WETLAND CROSSING CROSS SECTION DLS 05-02-2016 CITY REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT SATHRE-BERGQUIST, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY INDEMNIFY SATHRE-BERGQUIST, INC. OF ALL RESPONSIBILITY. SATHRE-BERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING FROM ILLEGITMATE USE. I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. Daniel L Schmidt, P.E. Date: 02/08/2016 Lic. No. 26147 5 �2 P �P N SATHRE-BERGQUIST, INC. 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952) 476-6000 CITY PROJECT NO. 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BY DATE REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS es ‘`' u2i r s,„,, FF __ u, SATHRE-BERGQUIST, INC. CITY PROJECT NO. GRADING, DRAINAGE, AND EROSION CONTROL PLAN DEERHILL PRESERVE PRDC FILE NO. 7282-010-200 Base SGF 1 DLS DLS DLS DLS DLS DLS 02-12-2016 03-11-2016 03-29-2016 03-31-2016 O4-19-2016 05-02-2016 REV. PONDS AND INFILTRATION BASINS CITY REVISIONS REVISED ALIGNMENT TO AVOID P.P.'S _ADDED RET WALL AT WETLAND CROSSING ADDED WETLAND CROSSING CROSS SECTION INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT SATHRE-BERGQUIST, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY INDEMNIFY SATHRE-BERGQUIST , INC. OF ALL RESPONSIBILITY. SATHRE-BERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA. n U"�C -- DRAWN BY 2 MEDINA, M I N N ESOTA 4 ,' 26 �" DSG 3 CHECKED BY 4 a 4, 1 150SOUTHBROADWAY WAYZATA,MN.55391 (952)476-6000 16 P`P�2 DLS 5 CITY REVISIONS FROM ILLEGITMATE USE. Daniel L Schmidt, P.E. Date:. 02/08/2016 Lic. 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PONDS AND INFILTRATION BASINS DLS 03-11-2016 CITY REVISIONS DLS 03-29-2016 REVISED ALIGNMENT TO AVOID P.P.'S DLS 03-31-2016 ADDED RET WALL AT WETLAND CROSSING DLS O4-19-2016 ADDED WETLAND CROSSING CROSS SECTION DLS 05-02-2016 CITY REVISIONS 4 _ 1 1 , 7 I I �I I os i i o r\ L / I \1 6 z 34 0 10559 105$.53 00$7.0 SC / ET ,0� USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF INFORMATION) OF THIS PRODUCT IS STR CTLY PROHIBITED WITHOUT SATHRE-BERGQUIST, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY INDEMNIFY SATHRE-BERGQUIST, INC. OF ALL RESPONSIBILITY. SATHRE-BERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING FROM ILLEGITMATE USE. CUSTOM GRADE 10118- 11 QRASS CHANNEL I I I BNIP'L7cNDgeAPE AND SEEDING PLAN I \ �YOTHERS 10�:24 ��.1 --10LC AREq ! ----- 60006-Cl�ST_OMGRADE —10E--� —; -- 1)-1 \ i II 6 I - 1 x 1p / / / / iQ32__ --- 7 / CUSTOM GRADE / / 34, / / 6'. _/ //// GRASS,CHANNELJ _ BMP- LANDSCAPE AND SEEDING PLAN BY OTHERS STA 28+00 TO ROAD \ PITCH-TRAYL TO RIGHT BUFFER AVE.-- MOVED-1650 SFNt \ � �^ °\ \ �\�\���_ ///�_1016_ `11p14-�_ CUST -ITGR1QE //./'c - 701g_ _ T 7076- _ '\ \� -1°1 7022-_ gym, J L 2 s / 3p 3 SERTI _ 3 P 7026u� s _,1 0+ / 7026 / 1028— — \ �iWsTotacrzoe—vT/ �)o4a-��/ \ \ ) A i //// DRY CREEK BED I \ / / LANDSCAPING \� \ � /�/,/�-1050 —� t ANDSEEDING ��� v k / j T, \PLAN BY OTHERS \\ // ,,/ / eF� / 7 \\ �\ \ / / //� f \ \ / ( I 1 �+ 04Q7 \\ //// \ I CUSTOM GRADE / •v�� / / v I ' q '��/ \V I 1052 s2_ / I I 1`v I, , I �\ \\ I\I I o� yy i� I / / Q\ �/ \ \I WETLAND ENHANCEMEA PLAN BY BOPRAY i ��// 953.0 x I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. 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I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA. eEks �`' u( i suR` F� :_' s, SATHRE—BERGQUIST, INC. CITY PROJECT NO. GRADING, DRAINAGE, AND EROSION CONTROL PLAN D E E RH I LL PRESERVE P R DC FILE NO. 7282-010-200 Base SGF 1 DLS DLS DLS DLS DLS DLS 02-12-2016 03-11-2016 03-29-2016 03-31-2016 O4-19-2016 05-02-2016 REV. PONDS AND INFILTRATION BASINS CITY REVISIONS REVISED ALIGNMENT TO AVOID P.P.'S _ADDED RET WALL AT WETLAND CROSSING ADDED WETLAND CROSSING CROSS SECTION CITY REVISIONS DRAWN BY 2 M E D I NA, M I N N E SOTA 6 ,"' 26 ,/" DSG 3 CHECKED BY 4 a ', .,., `% o„, y 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952) 476-6000 'vim P`P�2 DLS 5 Daniel L Schmidt, P.E. Date:. 02/08/2016 Lic. No. 26147 DATE 6 05/01/15 DEERHILL PRESERVE 728 Iac.fr, iM I�fi I I HU i ✓ . 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PONDS AND INFILTRATION BASINS DLS 03-11-2016 CITY REVISIONS DLS 03-29-2016 REVISED ALIGNMENT TO AVOID P.P.'S DLS 03-31-2016 ADDED RET WALL AT WETLAND CROSSING DLS 04-19-2016 ADDED WETLAND CROSSING CROSS SECTION DLS 05-02-2016 CITY REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT SATHRE-BERGQUIST, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY INDEMNIFY SATHRE-BERGQUIST, INC. OF ALL RESPONSIBILITY. SATHRE-BERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING FROM ILLEGITMATE USE. 0SETEHDEIRNsG PLAN BY --°'-'95"11Y\0\-01kE-\ \SILFE101.:E: I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. Daniel L Schmidt, P.E. Date: 02/08/2016 POWER POLE CLEAR ZONE(25') DOUSFE. SILT FENCE 25 'SCALE IN FEET 100 SATHRE—BERGQUIST, INC. SEEDING PLANL .160_,B___-:_-______:47500;NT346.TE;L 1_ :5. 871 2 ;77 -TL,:1* 1 • 5 34 PITCH TR"graTRIGH1-1- FILTRATION - WETLAND A CITY PROJECT NO MINNESOTA POWER POLE (Ground Elev. at Wetland) , GRADING, DRAINAGE, AND EROSION CONTROL PLAN DEERHILL PRESERVE PRDC 7282-010-200 26 7 �� -7010_ v v ,255 i��� �'� 7� _I�/ 7 os '1 _532P 7008- t, 1020 \� \lq\ �/i -'? / // I \ /OOti - 53 1010 1000 990 980 970 960 1020 \ 1 v -- — —, ��� �� �� ��� ��38 ��--tooa — vqT� �v q o �1 - � / ) ,. ,, � 004----- &- CUSTOM GRADE" /� ��- -1002 _----_- \ `Op - ------ 4� U / \4� // / Jpp. _ 1000STA �✓.� / 6 n; PIT 1010 0 we. 7 v �H0 X/ --_-_ �0,--- _ ' \ -POND 4— — — —1000 — — — -- V NWL9870 - _ P� H1NL 989.6 J v v POND sez�` w�9 v `v v �v v sot-___— \ \ \ \ a, ♦ \ \ / / i 24-� i�� °pop < - -- \NWL980.0 s A 9� �v A A v v ����---1008- seoso WL981.6 00��KAMAT. 990 \ \\ \\ <�L - _ - \ a ss2 \soo s s \ R NFORCED `E f� EEQETAII� \\ UPER\ELEVATE ROAI"06 GA ASS CHANNEL AA FRAM STATION 4+30 TO \ 11-V00. ROA�TOI SIN- �i ��--saa= 980 - - (Ali 3 \ \ s s� I \ BMP- LANDSCAPE AND TO THE NORTH i � � n .` %- / $j� SEEDING PLAN BY k\ ' 9� ' ' 9e7609SF WETLAND \OTHERt -0 \ _ - - 002 cp B,UFFER CRE&T1OP1-- j I / _ 350 st Boulder -- Retanm WolfV �\ PO RP LE A 998 970 / i J * - - - - - 9 CLEA ZONE(25') /.� - �� - 998. - 11 _ / 1 PO R POLE \ -\ - - _ _ } o �V ---- ..LSE SILT- a- -996 = 3= - / � I oeu am-= a \ \ ` - - 4�9 --' _ ssz � J A14 \ \ \ _(CL ZONE(25) 'qeu _ Oeu - / 1 \ \ \ \ \ aHU\ I.-� aHU 9g a2 12 eb _ - --r-------- WETLAND FILL 1 v v v v� A�--__/ , �- 9gg8z — i-�nnennm oed ET 4-85I-SQ FT \\ POWER POLE \\ \REINFORCED- o i 960 CLEAR ZONE( CONCRETE e 5 / J� �� i �� 25' i EOF --SEE DETAIL / / _ -- -- _ � � �i _ \ � \ � - � — Estimated � - -- _ I ae // -- 970 DOUI3CE SILT FENCE �� I I Wate (Groun�d� -1+50 -1+00 -0+50 0+00 0+50 1+00 1+50 g6 g—' v 1 — DEERHILLRD — _v �v7,4poSFw LAB___ WETLAND A B FFEFRILL FA _ v v v r Estimated Seasonal Ground Water level v \ 2�0 sf\Boulder� I� --/��2 v v v Rv eto\ining\ W`all p A� r —v 982.BEGIN SUPER ELEVATION /l 0 1 O�,High Water Level -983.6 �' � AppO � ✓ V V A \ V A A V V A A / \ / �10o `'s- _1002�'vo g.� (r - �V I -t008 Q ml o of •j' p o � \ V I ID �\ \ \ \ � I 1 � ICA / v \ t, I. 1 d t. 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USE WITHOUT AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE �`' F� 7282-010-200 DSG 3 DLS 03-29-2016 REVISED ALIGNMENT TO AVOID P.P.'S SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWS OF THE STATE OFMINNESOTA. u2i r m SATHRE-BERGQUIST, INC. CONTROL PLAN INDEMNIFY SATHRE-BERGQUIST, INC. OF ALL RESPONSIBILITY. j 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952)476-6000 MEDINA, DEERHILL PRESERVE gA CHECKED BY 4 LOLLS 03-31-2016 ADDED RET WALL AT WETLAND CROSSING v�\1 n a SATHRE-BERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE ,�' i„ - , �'/ ✓/ _ m DLS 5 _DLS O4-19-2016ADDED WETLAND CROSSING CROSS SECTION UUU"�"�"�-u�� ---(((ram `% MINNESOTA PRDC 26 USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING �v DATE 6 DLS 05-02-2016 CITY REVISIONS FROM ILLEGITMATE USE. Daniel L Schmidt, P.E. V cNFR3 P`P�2 05/01/15 Date:. 02/08/2016 Lic. 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