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07.07.2015 City Council Meeting Packet
MEDINA AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, July 7, 2015 7:00 P.M. Medina City Hall 2052 County Road 24 Meeting Rules of Conduct: • Fill out and turn in white comment card • Give name and address • Indicate if representing a group • Limit remarks to 3-5 minutes I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the June 16, 2015 Special Council Meeting B. Minutes of the June 16, 2015 Regular Council Meeting V. CONSENT AGENDA A. Approve Bingo Permit and Temporary On -Sale Liquor License to/at Holy Name of Jesus Church on September 19, 2015 B. Approve Raffle Permit to TwinWest Chamber Foundation at 400 Evergreen Road on August 10, 2015 C. Approve Contract Renewal for Assessing Services with Southwest Assessing D. Approve Development Agreement by and between the City of Medina and Aldi Inc. (Minnesota) E. Approve 2016 Elm Creek Watershed Management Commission Budget F. Ordinance Amending Sections of Chapter 7 of the Code of Ordinances Regarding Public and Private Utilities G. Resolution Authorizing Publication of the Ordinance Amending Sections of Chapter 7 of the Code of Ordinance by Title and Summary VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. PRESENTATIONS A. Resolution Recognizing John Vinck for Ten Years of Service to the City of Medina VIII. OLD BUSINESS A. Loretto Fire Department Auto -aid Change IX. NEW BUSINESS A. Goddard School — PUD General Plan and Site Plan Review — 345 Clydesdale Trail B. Proposal for Audio -Visual Upgrade to Council Chambers C. Ordinance Amending Section 625 of the Code of Ordinances Regarding Alcoholic Beverage Licenses 1. Resolution Authorizing Publication of the Ordinance by Title and Summary X. CITY ADMINISTRATOR REPORT XI. MAYOR & CITY COUNCIL REPORTS XII. APPROVAL TO PAY BILLS XIII. ADJOURN Posted 7/2/2015 Page 1 of 1 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: July 1, 2015 DATE OF MEETING: July 7, 2015 SUBJECT: City Council Meeting Report V. CONSENT A. Approve Bingo Permit and Temporary On -Sale Liquor License to/at Holy Name of Jesus Church on September 19, 2015 — All paperwork and fees are in order. Staff recommends approval. No attachments for this item. B. Approve Raffle Permit to TwinWest Chamber Foundation at 400 Evergreen Road on August 10, 2015 — All paperwork and fees are in order. Staff recommends approval. No attachments for this item. C. Approve Contract Renewal for Assessing Services with Southwest Assessing — The City Assessor's contract is up for renewal on September 1st. He is proposing a 5% increase, which is justified by the amount of growth the City of Medina has been experiencing over the past six years. Staff recommends approval. See attached memo and agreement. D. Approve Development Agreement by and between the City of Medina and Aldi Inc. — Staff recommends approval of the Development Agreement with Aldi Inc. See attached agreement. E. Approve 2016 Elm Creek Watershed Management Commission Budget —The Elm Creek Watershed is proposing an $812.00 increase for Medina in 2016. The total budget share for Medina is $17,190.28. The proposed increase is reasonable compared to previous years. Staff recommends approval. See attached letter and budget. F. Ordinance Amending Sections of Chapter 7 of the Code of Ordinances Regarding Public and Private Utilities — The City Council reviewed this ordinance at the June 16th meeting and provided staff with some corrections, which have been updated in the attached ordinance. Staff recommends approval. See attached ordinance. G. Resolution Authorizing Publication of the Ordinance Amending Sections of Chapter 7 of the Code of Ordinance by Title and Summary — Staff recommends approval of the resolution authorizing the publication of the water/sewer ordinance by title and summary. See attached resolution. VII. PRESENTATIONS A. Resolution Recognizing John Vinck for 10 Years of Service to the City of Medina — John Vinck will be present at the meeting to receive his recognition. Staff recommends approval. See attached resolution. VIII. OLD BUSINESS A. Loretto Fire Department Auto -aid Change — Ray McCoy had a conference call with Mayor Mitchell and Public Safety Director Ed Belland on June 29, 2015 regarding the auto -aid change that was made by Loretto Fire Chief Jeff Leuer on June 12, 2015. The auto -aid change was discussed at the June 16, 2015 Medina City Council Work Session. Attached is a memo with an accurate account of the follow-up conference call discussion on June 29th from Ray McCoy. See attached memo. Recommended Action: No City Council action is requested. IX. NEW BUSINESS A. Goddard School — PUD General Plan and Site Plan Review — 345 Clydesdale Trail — PJ Norman, LLC proposes to construct a 9,300 square foot early childhood facility at 345 Clydesdale Trail. The operators of the facility are Medina residents who currently operate a Goddard School in Plymouth. The development requires land use approvals in order to permit the construction proposed by the applicant. See attached report. Recommended Motion: Direct staff to prepare an ordinance for the General Plan of Development to amend the PUD and a resolution for the Site Plan Review, based upon the findings noted in the staff report and subject to conditions recommended by the Planning Commission. B. Proposal for Audio -Visual Upgrade to Council Chambers — Staff has been working with our IT Consultant on a solution for the audio and visual needs in the City Council Chambers. Staff recommends approving the attached quote with Tierney Brothers and funding the project through cable franchise PEG fees. See attached memo and quote. Recommended Motion: Approve Tierney Brothers proposal and fund the project through cable franchise PEG fees. C. Ordinance Amending Section 625 of the Code of Ordinances Regarding Alcoholic Beverage Licenses — During the 2015 legislative session, additional liquor legislation was passed. Staff recommends passing the attached ordinance amending the city's liquor code. See attached memo, ordinance & resolution. 2 Recommended Motion # 1: Approve ordinance amending section 625 of the code of ordinances regarding alcoholic beverage licenses. Recommended Motion # 2: Approve resolution authorizing publication of the ordinance by title and summary. XII. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 003200E-003232E for $97, 020.10, order check numbers 42988-43067 for $199, 716.61, and payroll EFT 506472-506530 for $93, 021.27. INFORMATION PACKET • Planning Department Update • Police Department Update • Public Works Department Update • Claims List 3 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF JUNE 16, 2015 The City Council of Medina, Minnesota met in special session on June 16, 2015 at 6:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Call to Order Members present: Mitchell, Anderson, Cousineau, Martin, Pederson Members absent: Also present: City Administrator Scott Johnson, Public Works Director Steve Scherer, Finance Director Erin Barnhart, Hamel Fire Department Chief Jeff Ruchti, Hamel Fire Lt. Ryan Gregor, and City Planner Dusty Finke II. Proposed 2016 Hamel Fire Budget Hamel Fire Department Chief Jeff Ruchti provided an overview of the proposed Hamel Fire Department Budget for 2016 and responded to questions on the proposed budget. Council Member Anderson informed the City Council that the Loretto Fire Department has turned off auto aid with the Hamel Fire Department and is no longer asking Hamel to assist on calls. He also informed the City Council that he discussed auto aid changes with Long Lake Fire Chief James Van Ey11 and Plymouth Fire Chief Richard Kline. Anderson was greatly concerned about the competence level of the Hamel Fire Department based on the conversations he had with the two fire chiefs. Anderson also said he would not support the proposed budget until Hamel and Loretto Fire Departments agreed to consolidate as soon as possible. Council Member Pederson confirmed he was informed of the auto aid change and encouraged consolidation between the Hamel and Loretto Fire Departments. Staff was not notified of the auto aid change by the Loretto Fire Department. Anderson said he could only approve the proposed budget if the Hamel Fire Department agreed to consolidate as soon as possible with the Loretto Fire Department. Council Member Martin cautioned against making a leap in judgment based on the decision made by the Loretto Fire Department. Staff was directed to discuss the issues with the Loretto and Hamel Fire Departments and Ray McCoy. Staff will report back at the next Council Meeting and bring back the proposed 2016 Hamel Fire Department Budget for discussion at the July Work Session. Council Member Martin requested information on the increase in bond expenses for the proposed 2016 Medina Budget. The Work Session was recessed at 7:02 PM III. Mediacom Build -out Summary City Planner Dusty Finke provided an update on the discussions with Mediacom. Council directed staff to work cooperatively to reach mutual agreement on the construction plans to make sure all shared mileage is in the public ROW, allow Mediacom to determine where their 15 miles of buildout will be located and request a cost share for the remaining miles to complete the plan. Medina City Council Special Meeting Minutes 1 June 16, 2015 IV. 2016 Budget Discussion Finance Director Erin Barnhart provided the City Council with the proposed budget for 2016. Staff provided a proposed budget that includes a 6.5% General Fund Increase. The City also added bonding for the Tower Drive project which resulted in a total proposed levy increase of 7.8%. Barnhart received direction on proposed personnel additions/changes, added maintenance funds for roads and parks, a proposed cost of living increase of 2.5%, and the need to maintain quality service levels. Council directed staff to bring back information on the proposed personnel changes and to keep the City Tax Rate flat for 2016. Adjournment Mitchell closed the meeting at 9:19 p.m. Bob Mitchell, Mayor Attest: Scott Johnson, City Administrator -Clerk Medina City Council Special Meeting Minutes 2 June 16, 2015 DRAFT 2 3 MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 16, 2015 4 5 The City Council of Medina, Minnesota met in regular session on June 16, 2015 at 7:07 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 Sarah Sonsalla, City 15 Engineer Tom Kellogg, City Planner Dusty Finke, City Finance Director Erin Barnhart, 16 Public Works Director Steve Scherer, Chief of Police Ed Belland, and Recording 17 Secretary Amanda Staple. 18 19 II. PLEDGE OF ALLEGIANCE (7:07 p.m.) 20 21 III. ADDITIONS TO THE AGENDA (7:08 p.m.) 22 The agenda was approved as presented. 23 24 IV. APPROVAL OF MINUTES (7:08 p.m.) 25 26 A. Approval of the June 2, 2015 Regular City Council Meeting Minutes 27 It was noted on page two, line 19, it should state, "...discussing or commenting debating 28 or voting..." On page two, line 27, it should state, "...he it has not been determined..." 29 On page three, line two, it should state, "...4-5 2.46 percent..." On page five, line 31, it 30 should state, "Anderson questioned asked if the plans..." 31 32 Moved by Pederson, seconded by Anderson, to approve the June 2, 2015 regular City 33 Council meeting minutes as amended. Motion passed unanimously. 34 35 V. CONSENT AGENDA (7:10 p.m.) 36 37 A. Approve Temporary Liquor License to We Can Ride, Inc. on August 22, 38 2015 at 2825 Willow Drive 39 B. Approve Temporary Liquor License to MN350.org on July 31, 2015 at 1700 40 Deer Hill Road 41 C. Approve Seal Coating Services Agreement with Pearson Brothers, Inc. 42 D. Approve Trail Seal Coating Services Agreement with Gopher State 43 Sealcoat, Inc. 44 E. Resolution No. 2015-51 Approving Variance and Site Plan Review for Aldi, 45 Inc. to Construct a Grocery Store at 100 Westfalen Trail 46 F. Resolution No. 2015-52 Approving Conditional Use Permit for Wright- 47 Hennepin Cooperative Electric Association to Install Ground Mounted Solar 48 Equipment at 4315 Willow Drive 49 G. Resolution No. 2015-53 Reversing Independence Beach Assessment for 50 Second Parcel at 3025 Lakeshore Avenue Medina City Council Meeting Minutes 1 June 16, 2015 I Moved by Anderson, seconded by Pederson, to approve the consent agenda. Motion 2 passed unanimously. 3 4 VI. COMMENTS (7:12 p.m.) 5 6 A. Comments from Citizens on Items not on the Agenda 7 Charlie Morse, 3224 Butternutt drive, stated that he submitted a request that will come 8 before the Planning Commission in July to consider amending the upland buffer setback 9 zones. He stated that currently there is a 15-foot setback for a home or deck while 10 sheds and play equipment can be setback five feet. He stated that his request would 11 allow decks and porches to also have a five-foot setback. 12 13 B. Park Commission 14 Scherer stated that the Park Commission will meet the following night to consider a 15 request for a bullpen at Hamel Legion Park, discuss community gardens, hear a 16 presentation and follow up regarding where milkweed could be planted to encourage 17 Monarch butterflies, and will also conduct a follow up of the recent park tour. 18 19 Pederson questioned how the Fields of Medina Park is progressing. 20 21 Scherer reported that some work started this week, beginning with the retaining wall. He 22 stated that he has stressed that the contractor should remain on schedule as he 23 receives at least one or two resident calls per week. 24 25 C. Planning Commission 26 Albers provided an update on the Planning Commission, which occurred the previous 27 week when the Commission reviewed a request from PJ Norman LLC to amend the Plan 28 Unit Development for Clydesdale Market Place. He stated that the Commission 29 recommended approval of the request, subject to certain conditions. He stated that the 30 Commission also discussed the possibility of adding certain items to the list of projects 31 that can be approved through administrative review. He noted that the Commission will 32 be discussing the matter in further detail at their July meeting. 33 34 VII. PRESENTATIONS 35 36 A. CenterPoint Energy Community Partnership Grant (7:19 p.m.) 37 Belland stated that earlier this year the Police Department applied for a Community 38 Partnership grant from CenterPoint Energy to purchase a defibrillator for City Hall. He 39 stated that Officer Becker did an excellent job writing the grant application for the 40 department. He stated that he was alerted this spring that the grant was approved. 41 42 Steve Marsh spoke in representation of CenterPoint Energy and explained the purpose 43 of the community partnership grant program. He stated that the program runs annually 44 and encouraged staff to reapply the following year for additional opportunities, noting a 45 maximum amount of $2,500 annually for each project. He presented a check in the 46 amount of $700 to Belland. 47 48 Anderson questioned if there is a defibrillator at the Hamel Community Center. 49 50 Belland stated that site does not have a defibrillator and noted that the department is 51 investigating additional grant opportunities that could be used for that purpose. Medina City Council Meeting Minutes 2 June 16, 2015 1 2 VIII. NEW BUSINESS 3 4 A. Mediacom Build -out Map (7:23 p.m.) 5 Johnson reported that staff needs additional time to work with Mediacom in order to 6 complete the plans. He stated that currently the build -out map does not meet the 7 franchise agreement language, as it would leave 22 homes unserved. He noted that the 8 Council had discussed this earlier during the worksession. 9 10 Moved by Pederson, seconded by Anderson, to not approve the construction plan from 11 Mediacom as it does not appear to be in compliance with the franchise agreement and 12 leaves 22 homes unserved; and to direct staff to work cooperatively with Mediacom to 13 reach mutual agreement on the construction plans. Motion passed unanimously. 14 15 B. 2015 Street Improvement Project — Tower/Hamel/Kilkenny — Request for 16 Change Order No. 1 (7:25 p.m.) 17 Kellogg stated that the City partnered with the Minnesota Pollution Control Agency as 18 there were known contaminates in the project area and a Response Action Plan was 19 developed in the case that unknown contaminates were also found. He stated that when 20 the contractor began asbestos was identified and because the contractor on the job is 21 not qualified to remove that type of material, a subcontractor would be needed. He 22 stated that the City received three bids for the removal and chose the lowest bid. He 23 stated that staff originally estimated $85,000 for contaminate removal but the cost will 24 now be near $220,000. He stated that any asbestos contaminated materials would be 25 handled through the proper manner while the other contaminates would be removed in 26 the manner identified in the original contract at a lower rate. 27 28 Anderson stated that the storm water fund is proposed to be used for funding and 29 questioned if there is a fund balance that the City would not want to go below for that 30 fund. 31 32 Barnhart stated that staff is aware of the revenue received for that fund each year and 33 could deduct the operational costs to determine that figure. She stated that the City has 34 deferred use of the storm water fund on certain projects in the past and therefore there 35 are funds available to use for this project. 36 37 Anderson questioned if the environmental fund would be a better funding source as this 38 is an environmental issue. 39 40 Barnhart stated that this is a storm water project and explained that the storm water fund 41 has annual revenue while the environmental fund does not. She noted that once the 42 environmental fund is depleted it does not have a source of replenishment. 43 44 Cousineau stated that perhaps the cost could be split between multiple funds. 45 46 Barnhart confirmed that multiple funds could be used. 47 48 Anderson asked if the contingency funds could be used. 49 50 Barnhart stated that unused contingency funds could repay the storm water fund. 51 Medina City Council Meeting Minutes 3 June 16, 2015 1 Kellogg explained that there could be other unknowns that arise during the project and 2 therefore the City would not want to use the entirety of the contingency funds on the first 3 leg of the project. He agreed that the unused project funds could be used to repay the 4 fund that is used for payment. 5 6 Martin stated that if the contingency is not used in the project, that balance would be 7 used to pay debt services rather than to payback a specific fund. She stated that she 8 would like to use some of the contingency to fund the cost. 9 10 Scherer stated that funding decision could be made at a later date. 11 12 Johnson agreed that the decision to approve the change order could be made tonight 13 and the decision regarding the funding could be discussed in the future. 14 15 Moved by Martin, seconded by Pederson, to approve the request for Change Order No. 16 1 for the Tower/Hamel/Kilkenny project. Motion passed unanimously. 17 18 Johnson stated that Martin brought up some questions regarding the easement 19 agreement and possible recourse against the property owner. 20 21 Sonsalla stated that she reviewed the phase one and two reports, which were addressed 22 to Hennepin County in 2006/2007, and there was not a reliance letter therefore the City 23 does not have recourse against the consultants that completed those reports. She 24 stated that the City may have some recourse against the property owner based upon the 25 language in the easement agreement. She stated that more extensive legal analysis 26 would need to be made before any claim could be made against the trust of the property 27 owner and noted that the City should track the clean-up costs in order to use that 28 information if necessary to file a claim. 29 30 Mitchell asked why staff does not speak with Hennepin County to determine why the 31 reports were not accurate. 32 33 Sonsalla replied that the involvement of Hennepin County is unknown in respect to the 34 property and reports and noted that the contaminates could have been on the property 35 after the 2006/2007 dates of the report. 36 37 Martin stated that in order to file a claim against the consultants you would have to prove 38 negligence, which would be quite difficult. 39 40 Kellogg stated that staff has contacted Hennepin County to inquire about grant 41 opportunities. 42 43 C. Ordinance Amending Sections of Chapter 7 of the Code of Ordinances 44 Regarding Public and Private Utilities (7:46 p.m.) 45 Scherer briefly highlighted the proposed amendments to sections of Chapter 7 of the 46 Code of Ordinances regarding public and private utilities. 47 48 Anderson suggested two small grammatical changes. 49 50 Martin stated that she also had some suggestions that could be passed on to staff. 51 Medina City Council Meeting Minutes 4 June 16, 2015 1 Mitchell suggested that staff incorporate the comments from the Council and then place 2 the item on the Consent Agenda at the next meeting. 3 4 Moved by Martin, seconded by Anderson, to table the Ordinance Amending Sections of 5 Chapter 7 of the Code of Ordinances Regarding Public and Private Utilities to the July7, 6 2015 meeting in order to incorporate Council comments. Motion passed unanimously. 7 8 IX. CITY ADMINISTRATOR REPORT (7:55 p.m.) 9 Johnson reported that Mitchell Farley, 3465 Chippewa Road, contacted Mayor Mitchell 10 regarding concerns with the whistle of the trains that go by his home and asked for 11 direction on what he could do as a resident. Johnson stated that staff has drafted a 12 response letter to the resident. 13 14 Mitchell stated that staff is attempting to assist the resident but noted that until the City 15 can become a whistle free zone, the problem will continue. He stated that some 16 residents are not bothered while others are. 17 18 Johnson stated that NEMO training will be held on July 23rd and asked Council Members 19 to RSVP for the event to him. He reported that Fred Webber has contacted staff 20 regarding concerns he has regarding senior citizens in Medina. He noted that written 21 comments were reviewed and staff will continue to consider that aspect when reviewing 22 the Comprehensive Plan. 23 24 X. MAYOR & CITY COUNCIL REPORTS (7:59 p.m.) 25 No comments made. 26 27 Xl. APPROVAL TO PAY THE BILLS (7:59 p.m.) 28 Moved by Anderson, seconded by Pederson, to approve the bills, EFT 003176E- 29 003199E for $46,378.45, order check numbers 42921-42987 for $389,313.47, and 30 payroll EFT 506440-506471 for $47,669.02. Motion passed unanimously. 31 32 XII. ADJOURN 33 Moved by Martin, seconded by Anderson, to adjourn the meeting at 8:00 p.m. Motion 34 passed unanimously. 35 36 37 38 Bob Mitchell, Mayor 39 Attest: 40 41 42 Scott Johnson, City Administrator Medina City Council Meeting Minutes 5 June 16, 2015 TO: Medina Mayor and City Council Members Scott Johnson, City Administrator Jodi Gallup, Administrative Assistant Erin Barnhart, Finance Director FROM: Rolf Erickson (763) 473-3978 DATE: Revised June 25, 2015 RE: 2016 Assessment Proposal Contract Attached Term of Contract: September 1, 2015 through August 30, 2016 Current Contract amount: $82,362 Requested amount for 2016 Assessment: $86,436 Requested increase: $4,074 Number of New Houses during 2014 107 The main reason for our request is the large amount of growth that Medina has experienced over the last 6 years. As you can see from the chart below we maintained the same rate for four assessment years even though there was parcel growth over those years (2009-2012). In calendar years 2013 and 2014 the City experienced serious growth of new houses with over 160 starts in 2013 and 107 in 2014. Parcel growth has been 20% while our contract amount increase has been 11% . Our rates are based on the number and type of parcels that we have to assess. There is no cushion built into our rates. More parcels take more time. Our duties are statutory and we cannot shortcut the process. Assessment Improvement Year Previous Year Assessor Contract % Increase Total Parcels % Increase In City 2009 $ 73,965 2,509 2010 $11,044,500 $ 73,965 0 2,570 2% 2011 $10,113,500 $ 73,965 0 2,572 0% 2012 $7,865,200 $ 73,965 0 2,612 2% 2013 $21,933,300 $ 76,200 3% 2,764 6% 2014 $64,041,200 $ 79,194 4% 2,999 9% 2015 $54,395,200 $ 82,362 4% 3,015 1% Total 11% New 506 20% 2016 Assessor Request Page Two In addition to growth of the City, the assessing workload continues to grow. Several examples folllow: ➢ We are constantly being required by the County and the State to provide more information and reports. The Minnesota Department of Revenue is beginning to micro manage the assessing process. ➢ We now have to look up and print all sales information on Certificates of Real Estate Value, where we were previously were given paper copies of the old CRV's. The new ECRV's are twice as long as the old CRV. ➢ We have additional parcels of exempt property to value for the 2016 assessment since we began listing exempt 3,4,5 wetlands in a separate sub -records. Expenses for supplies and postage should be approximately the same as last year. Please present this request at the next council meeting possible. Please make 2 copies of the below contract and have them signed when approved. I will sign then. CONTRACT FOR ASSESSING SERVICES This contract is made this first day of September, 2015, by and between the City of Medina Hennepin County, Minnesota (hereinafter called the "Municipality") and Rolf Erickson, 14520 12th Ave. North, Plymouth, Minnesota, 55447 DBA Southwest Assessing, a Minnesota Corporation (hereinafter called the "Contractor") The Contractor represents that he is a Licensed Minnesota Assessors as required in Chapter 273 of Minnesota Statutes and that he is a qualified real estate appraiser. ASSESSING SERVICES: The Municipality hereby contracts for and the Contractor hereby agrees to cooperate with officials of the Municipality and the County of Hennepin in performing 2016 assessment services as defined in Minnesota Statutes. The Municipality agrees and acknowledges that the manner and the method used in the performance of the assessment duties will be under the control and direction of said Contractor. CONTRACT PRICE: In consideration of the services rendered by the Contractor, the Municipality shall pay to the Contractor at the above stated address, the sum of $86,436.00 payable in twelve (12) installments of $7,203.00 beginning September, 2015 and ending August, 2016. TERM OF CONTRACT: September 1, 2015 through August 31, 2016. The following services are to be billed separately on a one time basis. NONE. FURNISHING OF EQUIPMENT: The contractor shall provide all transportation necessary for the performance of the services contracted for. The Municipality shall furnish all equipment and supplies necessary for the performance of the services contracted for, including the Hennepin County Data fee. ATTENDANCE AT COUNCIL MEETINGS: The Contractor shall attend the local board of review meeting on the date selected by the Municipality and the Contractor and not to exceed three other Municipality council meetings during the term of the contract. LEGAL STATUS: The parties agree that the Contractor is not required to maintain office hours, shall not receive retirement benefits, health insurance benefits, or any other fringe benefits offered to employees of the Municipality and shall, in all respects, be deemed independent an contractor. IN WITNESS WHEREOF, the Contractor and the Municipality have executed this Contract this day of 2015. City of Medina(Municipality) by Southwest Assessing (Contractor) by Agenda Item # SD DRAFT DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MEDINA AND ALDI INC. (MINNESOTA) This document drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 (RHB) 462464v4 ME230-609 TABLE OF CONTENTS PAGE 1. Right to Proceed 1 2. Plans; Improvements 2 3. Erosion Control 2 4. Site Grading; Haul Routes 3 5. Construction of Improvements 3 6. Roadway Improvements 4 7. Sanitary Sewer and Water Improvements 4 8. Stormwater Improvements 4 9. Landscaping Plan 5 10. Wetlands; Upland Buffer Easement 5 11. Letter of Credit 5 12. Developer's Default 6 13. Insurance 7 14. City Utility Connection Fees; Metropolitan Council SAC Fee 7 15. Responsibility for Costs; Escrow for Construction Inspection 7 16. No Building Permits Approved 7 17. Clean up and Dust Control 8 18. Compliance with Laws 8 19. Agreement Runs With the Land 8 20. Indemnification 8 21. Assignment 8 22. Notices 8 23. Severability 9 24. Non -waiver 9 25. Counterparts 9 SIGNATURES 10-11 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G LEGAL DESCRIPTION OF PROPERTY LIST OF PLAN DOCUMENTS FORM OF STORMWATER MAINTENANCE AGREEMENT FORM OF DRAINAGE AND UTILITY EASEMENT FORM OF UPLAND BUFFER EASEMENT AGREEMENT IMPROVEMENTS COST ESTIMATE FORM OF PETITION AND WAIVER AGREEMENT i 462464v4 ME230-609 This Development Agreement (the "Agreement") is made and entered into this day of , 2015, by and between the city of Medina, a municipal corporation under the laws of Minnesota (the "City"), and Aldi Inc. (Minnesota), a Minnesota corporation (the "Developer"). WITNESSETH: WHEREAS, the Developer is the fee owner of land located in the southeast quadrant of Sioux Drive and T.H. 55 (the "Property"), which land is legally described on Exhibit A attached hereto; and WHEREAS, the City has approved a site plan and variance for percentage of impervious coverage for the Property (collectively, the "City Approvals"); and WHEREAS, the City Approvals are contingent upon the Developer entering into a development agreement satisfactory to the City. NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the parties agree as follows: 1. Right to Proceed. This Agreement is intended to regulate the development of the Property and the construction therein of certain public and private improvements. The Developer may not construct public or private improvements or any buildings on the Property until all the following conditions precedent have been satisfied: a) this Agreement has been executed by the Developer and the City; b) the required Letter of Credit (as hereinafter defined) has been received by the City from or on behalf of the Developer; c) final engineering and construction plans have been submitted by the Developer and approved by the city engineer; d) the Developer has paid the City for all legal, engineering and administrative expenses incurred by the City regarding the City Approvals and has given the City the additional escrow required by Section 15 of this Agreement; e) the Developer and City have executed a petition and waiver agreement regarding the future improvements to Sioux Drive in the form attached hereto as Exhibit G; f) the Developer has executed the stormwater maintenance agreement, the drainage and utility easement, and the upland buffer easement agreement in the forms attached hereto as Exhibits C, D and E. g) the Developer has received all required permits from the Elm Creek Watershed Management Commission, the Minnesota Department of Transportation, Minnesota Department of Health, Minnesota Department of Natural Resources and any other permitting entity having jurisdiction; h) the Developer or the Developer's engineer has initiated and attended a preconstruction meeting with the City engineer and staff; and i) the City has issued a notice that all conditions precedent have been 1 462464v4 ME230-609 satisfied and that the Developer may proceed. 2. Plans; Improvements. a) The Developer agrees to develop the Property in accordance with the City Approvals, as detailed in City resolution No. 2015-51, which resolutions are hereby incorporated into this Agreement, and to construct all improvements on the Property 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 Property in accordance with the Plans, the Developer shall make or install at its sole expense the following public and private improvements (collectively, the "Improvements"): 1. site grading; 2. parking lot and access drive; 3. sanitary sewer; 4. water distribution system; 5. stormwater facilities; and 6. landscaping. c) All work performed by or on behalf of the Developer related to construction of the Improvements or the building on the Property 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. 3. Erosion Control. a) All construction on the Property shall be conducted in a manner designed to control erosion and in compliance with all City ordinances and other requirements, including the City's permit with the Minnesota Pollution Control Agency regarding municipal separate storm sewer system program. Before the Property is rough graded, an erosion control plan shall be implemented by the Developer as approved by the City. The City may impose reasonable, additional erosion control requirements after the City's initial approval, if the City deems necessary due to a change in conditions. All areas disturbed by the excavation shall be reseeded promptly after the completion of the work in that area unless the construction of 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 fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. b) If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems reasonably appropriate to control erosion based on the urgency of the situation. The City will make a good faith effort to notify the Developer in advance of any proposed action, including by telephone or email in the case of emergencies, but failure of the City to do so will not affect the Developer's obligations or the City's rights hereunder. 2 462464v4 ME230-609 c) The Developer agrees to reimburse all expenses incurred by the City in connection with such actions. No grading or construction of the Improvements will be allowed and no building permits will be issued for the Property unless the Developer is in full compliance with the erosion control requirements. The erosion control measures specified in the Plans or otherwise required on the Property shall be binding on the Developer, its successors and assigns. 4. Site Grading; Haul Routes. a) In order to construct the Improvements and otherwise prepare the Property for development, it will be necessary for the Developer to grade the Property. All site grading must be done in compliance with the Plans. The City may withhold issuance of a building permit for the Property until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City. Within 30 days after completion of the grading, the Developer shall provide the City with an "as constructed" grading plan and a certification by a registered land surveyor or engineer. b) The Developer agrees that any fill material which must be brought to or removed from the Property during construction of the Improvements, while grading the site, or during construction of the buildings will be by means of the haul route established by the City. For purposes of this provision, the City designates Sioux Drive to T.H. 55 as the haul route. 5. Construction of Improvements. a) All Improvements shall be installed in accordance with the Plans, the City Approvals, the City's engineering standards (as hereinafter defined) for utility construction and the requirements of the report from the city engineer dated May 4, 2015 and May 29, 2015. The Developer shall submit plans and specifications for utility construction prepared by a registered professional engineer. The Developer shall obtain any necessary permits from the Minnesota Pollution Control Agency, Minnesota Department of Health, Elm Creek Watershed Management Commission, the Minnesota Department of Natural Resources and any other agency having jurisdiction over the Property before proceeding with construction. The Developer shall also comply with the requirements of the letter from Elm Creek Watershed Management Commission dated June 9, 2015. The City shall inspect all work at the Developer's expense. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. Prior to beginning construction, the Developer or the Developer's engineer shall schedule a preconstruction meeting with all parties concerned, including the City staff and engineers, to review the program for the construction work. b) Within 30 days after the completion of the 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 AutoCADD format based on Hennepin County coordinates. Sanitary sewer, water and stormwater "as constructed" plans shall also be submitted to the City in GIS format compatible with Arc Map 10.3 in the coordinates and with the attributes directed by the city engineer. Iron monuments must be installed on the Property in accordance with state law. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. All Improvements required by this Agreement shall be completed by no later than 20 3 462464v4 ME230-609 c) The Developer agrees to require its contractor to provide to the City a warranty bond for the Improvements described in elements 3 and 4 of paragraph 2(b) of this Agreement, with each bond to cover defects in labor and materials for the applicable Improvements for a period of two years from the date of their acceptance by the City or from their completion if they are not to be dedicated to the City. During such period, the Developer agrees to repair or replace any Improvement, or portion or element thereof, which shows signs of failure, normal wear and tear excepted. A decision regarding whether an Improvement shows signs of failure shall be made by the City in the reasonable exercise of its judgment following consultation with the Developer. If the defective Improvement is not repaired or replaced by means of the warranty bond or if the Developer otherwise fails to repair or replace a defective Improvement during the warranty period after written notice to the Developer and opportunity to cure, the City may repair or replace the defective portion and may use the Letter of Credit, as hereinafter defined, to reimburse itself for such costs. The Developer agrees to reimburse the City fully for the reasonable cost of all Improvement repairs or replacement if the cost thereof exceeds the remaining amount of the Letter of Credit. Such reimbursement must be made within 45 days of the date upon which the City notifies the Developer of the cost due under this section. If the Developer fails to make required payments to the City, the Developer hereby consents to the City levying special assessments for any unreimbursed amount associated with such costs against the Property. The Developer, on behalf of itself and its successors and assigns, acknowledges the benefit to the Property of the repair or replacement of the 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. 6. Roadway Improvements. As a direct result of the proposed development of the Property, it is necessary to construct certain improvements to Sioux Drive to provide safe and efficient turning movements and through passage, including left turn lanes into the Property and to Westfalen Trail. The City may determine there is a need for these or other improvements within 10 years of the date of this Agreement. Such determination may be made by the City at its sole discretion. Upon determination by the City of the need for such improvements, the City shall notify the Developer. The City shall construct the improvements and specially assess the full cost thereof against the Property and the properties in the Hamel Center development. In order to ensure that the City has valid and collectible assessments for such project, the Developer agrees to execute a Petition and Waiver Agreement in the general form attached hereto as Exhibit G. 7. Sanitary Sewer and Water Improvements. The Developer agrees to extend sanitary sewer and water lines to serve the Property. The Developer's work in extending utilities must be in accordance with the Plans and must comply with all City requirements regarding such utilities. The Developer shall execute a drainage and utility easement in the form attached hereto as Exhibit D over the area in which the sanitary sewer and water improvements are to be constructed. 8. Stormwater Improvements. The Developer agrees to construct the on -site stormwater improvements in accordance with the Plans and in compliance with all City requirements regarding such improvements. The stormwater facilities serving the Property will remain private and will be maintained by the Developer at its sole expense. The City does not 4 462464v4 ME230-609 intend to accept the stormwater facilities as public and does not intend to maintain them. In order to meet the requirements of the Elm Creek Watershed Management Commission, the Developer agrees to enter into a Stormwater Maintenance Agreement with the City in the form attached hereto as Exhibit C. The purpose of the Stormwater Maintenance Agreement is to ensure that the Developer maintains the stormwater facilities and to give the City the right but not the obligation to do so if the Developer fails in its obligations. The Stormwater Maintenance Agreement will be recorded against the Property and will run with the land. The Developer acknowledges that i) the on -site storm water improvements 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 storm sewer improvements and that the Developer will have responsibility for such work; iii) the City has the right but not the obligation to perform necessary work upon the failure or refusal by the Developer to do so; and iv) if the City performs any work on the storm water improvements, the City intends to specially assess the cost of such work against the Property. The Developer agrees to execute an easement over all of the stormwater improvements in the form of the drainage and utility easement attached hereto as Exhibit D. 9. Landscaping Plan. The Developer agrees to install landscaping in accordance with the Plans. All landscaping shall include hardy, non-invasive and drought tolerant species appropriate for Minnesota. All landscaping materials shall be maintained and replaced if they die within two years. Any automatic water irrigation system utilized on the Property shall be equipped with rain sensors or soil moisture sensors and is subject to the City's irrigation ordinance and water conservation ordinance which prohibits the use of treated municipal water in connection with a landscape irrigation system. Notwithstanding the requirement that water for landscaping not be taken from the public water supply, water may be utilized from the public water system for a limited period of time until the landscaping material has been established. 10. Wetlands; Upland Buffer Easement. It has been determined by the Board of Soil and Water Resources that with respect to the wetlands on the Property that the Developer's proposed activities are "de minimus" and therefore a wetland replacement permit is not required. b) The Developer agrees to execute a drainage and utility easement over the wetlands in the general form attached hereto as Exhibit D. c) The Developer agrees to execute the Upland Buffer Easement attached hereto as Exhibit E. The purpose of the Upland Buffer Easement is to ensure that the buffer areas surrounding the wetlands on the Property are planted with appropriate materials intended to enhance water quality in the wetlands and are maintained in that condition thereafter. 11. Letter of Credit. a) In order to ensure completion of the Improvements specifically required under section 2(b) (but excluding the parking lot) of this Agreement and satisfaction of all fees due to the City and related to development of the Property, the Developer agrees to deliver to the City prior to beginning any construction on the Property a letter of credit (the "Letter of Credit") in the amount of $703,619.29, which represents 150 percent of the estimated cost of the Improvements. This amount represents the maximum risk exposure for the City, based on the anticipated sequence of construction and the estimated cost of each element of the Improvements, rather than the entire cost of all required Improvements. The Letter of Credit 5 462464v4 ME230-609 shall be delivered to the City prior to issuance of a building permit for the Property and shall renew automatically thereafter until released by the City. The itemized costs of the Improvements are estimated on Exhibit F attached hereto. The Letter of Credit shall be issued by a bank determined by the City to be solvent and creditworthy and shall be in a form acceptable to the City. The Letter of Credit shall allow the City to draw upon the instrument, in whole or part, in order to complete construction of any or all of the Improvements, and to pay any fees or costs related to development of the Property and due to the City by the Developer. b) The City agrees to release or reduce the Letter of Credit upon substantial completion of the Improvements on the Property, or any significant portion thereof, and satisfaction of all of the Developer's financial obligations to the City. The Letter of Credit shall be released following expiration of the two-year warranty period for the landscaping and after satisfaction of all other provisions of this Section 11. c) Prior to releasing any portion of the Letter of Credit or accepting another letter of credit in replacement, the City shall first be satisfied regarding the quality and completeness of the construction or work and that the Developer has taken such steps as may be necessary to ensure that no liens will attach to the Property. Notwithstanding anything herein to the contrary, the Letter of Credit shall not be reduced to less than $50,000, until such time as the City releases the entire Letter of Credit. d) If at any time the City determines that the bank issuing the Letter of Credit no longer satisfies the City's requirements regarding solvency and creditworthiness, the City shall notify the Developer and the Developer shall provide to the City within 30 days a substitute Letter of Credit from another bank meeting the City's requirements. If the Developer fails to provide the City with a substitute Letter of Credit from an issuing bank satisfactory to the City within 30 days or such shorter period as may be necessary to ensure there remains a valid letter of credit available to the City, the City may draw under the existing Letter of Credit. 12. Developer's Default. In the event of default by the Developer as to construction or repair of any of the Improvements, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek an order from any court for permission to enter the Property for such purposes. If the City does any such work, the City may, in addition to its other remedies, levy special assessments against the Property to recover the costs thereof. For this purpose, the Developer, for itself and its successors and assigns, expressly waives any and all procedural and substantive objections to the special assessments, including but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the land so assessed. The Developer, for itself and its successors and assigns, also waives any appeal rights otherwise available pursuant to Minnesota Statues, section 429.081. 13. Insurance. The Developer or its contractor shall take out and maintain or cause to be taken out and maintained until six months after the City has accepted the public elements of the 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 6 462464v4 ME230-609 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 or its contractor. 14. City Utility Connection Fees; Metropolitan Council SAC Fee. a) In accordance with City policy and to distribute uniformly the costs of public utility infrastructure improvements, the City will charge the Developer trunk connection fees for the availability of sanitary sewer and water to the Property. The total connection fees shall be computed as of the date of issuance of the building permit and shall be payable prior to issuance of the building permit. The sanitary sewer connection fee for the Property is $1075.00 per SAC unit. The water connection fee for the Property is $7575.00 per SAC unit. b) In addition to the City fees payable under paragraph a) above, the Developer will be responsible for payment of the SAC charges set by the Metropolitan Council. 15. 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 City Approvals, including the drafting and negotiation of this Agreement. The Developer agrees to reimburse the City in full for such reasonable costs within 30 days after notice in writing by the City. The Developer agrees to reimburse the City for the reasonable cost incurred in the enforcement of any provision of this Agreement, including reasonable engineering and attorneys' fees. b) The Developer shall also pay a fee for City construction observation and administration relating to construction of the Improvements. Construction observation shall include inspection of all the public and private Improvements. In order to reimburse the City for the administrative fee and the reasonable cost of inspection of the Improvements, the Developer shall deposit an additional $20,000 into an escrow account with the City, which shall receive and hold such funds solely under the terms of this Agreement. If any funds held under this escrow exceed the amount necessary to reimburse the City for its costs under this subparagraph, such funds shall be returned to Developer without interest. If it appears that the actual costs incurred will exceed the estimate, Developer and City shall review the costs required to complete the project and the Developer shall deposit additional sums with the City. 16. No Building Permits Approved. The City Approvals do not include approval of a building permit for any structures on the Property. The Developer must submit and the City must approve building plans prior to the issuance of any building permit for the Property. The Developer or the party applying for the building permit shall be responsible for payment of the customary fees associated with the building permit. 17. Clean up and Dust Control. The Developer shall daily clean dirt and debris from streets adjoining the Property resulting from construction work by the Developer, its contractors, agents or assigns. Prior to any construction on the Property, the Developer shall identify to the 7 462464v4 ME230-609 City in writing a responsible party for erosion control, street cleaning, and street sweeping. The Developer shall provide dust control to the satisfaction of the City's engineer throughout construction on the Property. 18. Compliance With Laws. The Developer agrees to comply with all laws, ordinances, regulations and directives of the state of Minnesota and the City applicable to the Property. This Agreement shall be construed according to the laws of Minnesota. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits for the Property. 19. Agreement Runs With the Land. This Agreement shall run with the Property and shall be recorded against the title thereto and shall bind the parties hereto and their successors and assigns. 20. Indemnification. The Developer hereby agrees to indemnify and hold the City and its officers, employees, and agents harmless from claims made by it and third parties for damages sustained or costs incurred resulting from the City Approvals. The Developer hereby agrees to indemnify and hold the City and its officers, employees, and agents harmless for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees, except matters involving acts of gross negligence by the City. 21. Assignment. The Developer may not assign this Agreement without the prior written permission of the City. 22. Notices. Any notice or correspondence to be given under this Agreement shall be deemed to be given if delivered personally or sent by U.S. Mail, postage prepaid, certified mail, return receipt requested: a) as to Developer: Aldi Inc. (Minnesota), 4201 Bagley Avenue North Faribault, MN 55021 Attn: Andrew Mack b) as to City: City of Medina 2052 County Road 24 Medina, MN 55340 ATTN: City Administrator with a copy to: Ronald H. Batty Kennedy & Graven 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 or at such other address as either party may from time to time notify the other in writing in accordance with this section. The Developer shall notify the City if it changes its name or address. 8 462464v4 ME230-609 23. 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 provision of this Agreement. 24. Non -waiver. Each right, power or remedy conferred upon the City by this Agreement is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, or available to the City at law or in equity, or under any other agreement. Each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 25. 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. ************************ 9 462464v4 ME230-609 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the day and year first above written. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN CITY OF MEDINA By: By: Bob Mitchell, Mayor Scott T. Johnson, City Administrator -Clerk The foregoing instrument was acknowledged before me this day of , 2015, by Bob Mitchell and Scott T. Johnson, the mayor and city administrator -clerk, respectively, of the city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation. 10 Notary Public 462464v4 ME230-609 By: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Aldi Inc. (Minnesota), a Minnesota corporation Matt Lilla, Vice President The foregoing instrument was acknowledged before me this day of , 2015, by Matt Lilla, Vice President of Aldi Inc. (Minnesota), a Minnesota corporation, on behalf of the corporation. 11 Notary Public 462464v4 ME230-609 EXHIBIT A TO DEVELOPMENT AGREEMENT The land to which this Development Agreement applies is legally described as follows: Lots 35 and 36, Auditor's Subdivision No. 241, Hennepin County, Minnesota. A-1 462464v4 ME230-609 EXHIBIT B TO DEVELOPMENT AGREEMENT The following documents prepared by collectively constitute the Plans: [to be included] B-1 462464v4 ME230-609 EXHIBIT C TO DEVELOPMENT AGREEMENT FORM OF STORMWATER MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into as of the day of 2015, by and between Aldi Inc. (Minnesota), a Minnesota corporation (the "Developer"), and the city of Medina, a Minnesota municipal corporation (the "City"). WITNESSETH: WHEREAS, the Developer owns certain real property located in the Hennepin County, Minnesota, legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, the Developer has granted to the City a drainage and utility easement over a portion of the Property (the "Easement Area") legally described on Exhibit B attached hereto; and WHEREAS, the Developer intends to construct within the Easement Area certain stormwater improvements (the "Stormwater Improvements") for the benefit of the Property; and WHEREAS, by a separate development agreement of even date herewith, the City and the Developer have entered into an agreement for the construction and maintenance of the Stormwater Improvements; and WHEREAS, the Elm Creek Watershed Management Commission requires permanent provisions for handling of storm runoff, including terms and conditions for operation and maintenance of all Stormwater Improvements, and requires such provisions to be set forth in an agreement to be recorded against the Property; and WHEREAS, the City and the Developer intend to comply with certain conditions, including entering into a maintenance agreement regarding the Stormwater Improvements; NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Maintenance of the Stormwater Improvements. The Developer and its successor or assigns as fee owner of the Property shall be responsible for maintaining the Stormwater Improvements and for observing all drainage laws governing the operation and maintenance of the Stormwater Improvements. The Developer shall adhere to the schedule for the periodic inspection of the Stormwater Improvements attached hereto as Exhibit C. The Developer shall make all such scheduled inspections, keep record of all inspections and maintenance activities, and submit such records annually to the City. The cost of all inspections and maintenance, C-1 462464v4 ME230-609 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 Property. 2. City's Maintenance Rights. The City may maintain the Stormwater Improvements, as provided in this paragraph, if the City reasonably believes that the Developer 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 Area to perform such maintenance tasks. In such case, the City shall send an invoice of its reasonable maintenance costs to the Developer or its successors or assigns, which shall include all reasonable staff time, engineering and legal and other reasonable costs and expenses incurred by the City. If the Developer or its 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 Property. The Developer, on behalf of itself and its successor and assigns, acknowledges that the maintenance work performed by the City regarding the Stormwater Improvements benefits the Property in an amount which exceeds the assessment and hereby waives any right to hearing or notice and the right to appeal the assessments otherwise provided by Minnesota Statutes, Chapter 429. Notwithstanding the foregoing, in the event of an emergency, as determined by the city engineer, the 30-day notice requirement to the Developer for failure to perform maintenance tasks shall be and hereby is waived in its entirety by the Developer, and the Developer shall reimburse the City and be subject to assessment for any expense so incurred by the City in the same manner as if written notice as described above has been given. 3. Hold Harmless. The Developer hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Developer's, or the Developer's agents' or employees' negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions. In the event the City, upon the failure of the Developer to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Developer shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Developer's required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts of the City, its employees, agents and representatives. 4. Costs of Enforcement. The Developer agrees to reimburse the City for all costs prudently incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. C-2 462464v4 ME230-609 5. Notice. All notices required under this Agreement shall either be personally delivered or be sent by U.S. certified or registered mail, postage prepaid, and addressed as follows: a) as to the Developer: b) as to the City: Aldi Inc. (Minnesota), 4201 Bagley Avenue North Faribault, MN 55021 Attn: Andrew Mack City of Medina 2052 County Road 24 Medina, MN 55340 Attn: City Administrator or at such other address as either party may from time to time notify the other in writing in accordance with this paragraph. 6. Successors. All duties and obligations of Developer under this Agreement shall also be duties and obligations of Developer's successors and assigns. The terms and conditions of this Agreement shall run with the Property. 7. Effective Date. This Agreement shall be binding and effective as of the date first written above. ******************** C-3 462464v4 ME230-609 By: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Aldi Inc. (Minnesota), a Minnesota corporation Matt Lilla, Vice President The foregoing instrument was acknowledged before me this day of , 2015, by Matt Lilla, Vice President of Aldi Inc. (Minnesota), a Minnesota corporation, on behalf of the corporation. C-4 Notary Public 462464v4 ME230-609 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF MEDINA By: Bob Mitchell, Mayor And by: Scott T. Johnson, City Administrator -Clerk The foregoing instrument was acknowledged before me this day of , 2015, by Bob Mitchell and Scott T. Johnson, the mayor and the city administrator -clerk, respectively, of the city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation. This instrument drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 C-5 Notary Public 462464v4 ME230-609 EXHIBIT A TO STORMWATER MAINTENANCE AGREEMENT Legal Description of the Property Lots 35 and 36, Auditor's Subdivision No. 241, Hennepin County, Minnesota. C-A-1 462464v4 ME230-609 EXHIBIT B TO STORMWATER MAINTENANCE AGREEMENT Legal Description of Drainage and Utility Easement [to be included] C-B-1 462464v4 ME230-609 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.PONp,4: Typical Inspection/Maintenance Frequencies for Ponds Inspection Items Maintenance Items Frequency Ensure that at least 50% of wetland plants survive Check for invasive wetland plants. Replant wetland vegetation One time - After First Year Check that maintenance access is free and clear_ Inspect low flow offices, reverse how pipes, and other pipes for clogging Check the permanent pool or dry, pond area for floating debris. undesirable vegetation. Investigate the shoreline for erosion Monitor wetland plant composition and heath. Look for broken signs, locks, and other dangerous items_ Mowing —minimum SprVng and Fall Remove debris Repair undercut, eroded, and bare sal areas. Monthly to Quarterly or After Makx Simms (>11 Monitor wetland plant composition and heath. Identify invasive plants Ensure mechanical components are functional Trash and debris clean-up day Remove invasive plants Harvest wetland plants Replant wetland vegetation Repair broken mechanical components if needed Semiannual to annual All routine inspection items above Inspect riser, barrel, and embankment for damage Inspect all pipes Monitor sediment deposition in pond and torebay pipe and Riser Repair Forebay maintenance and sediment removal when needed Every 1 to 3 years Monitor sediment deposition in pond and forebay Forebay maintenance and sediment removal when needed 2-7 years Remote television inspection of reverse slope pipes, under -drains, and other hard to access piping Sediment removal from main pond+ wetland Pipe replacement 1f needed 5-25 yew 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: C-C-1 462464v4 ME230-609 Table 12.FIL.4. Recommended Maintenance Activities for Media Filters (Sources: 1997; Pitt, 1997) WMI, Schedule Activity • !Mier bed Is clogged er partially stagged, manual manipulationof the surface layer of sand may be required. Remove the top few inches of media, roto-till or otherwise cultivate the surface, and replace media with like matenal meeting the design specifications. • Replace any filler fabric that has become clogged. As needed • Ensure that contnbuting area, facif y, inlets and outlets are clear of debris. • Ensure that the contributing area is stabilized and mowed, with clippings removed. • Remove trash and debris. • Check to ensure that the filter surface is not clogging (also check after storms greater than about try • Ensure that activities in the drainage area minimize oitrgrease and sediment entry to the system- - If permanent water level is present in pre-treatment chamber leg , penmeter sand fitter), ensure that the chamber sloes not leak, and normal pool level is Monthly • Fertai o see that the filter bed Is dean of sediment and the sediment chamber is not more than 6 inches of sediment. Remove sediment as necessary. - Make sure that there is no evidence of detenoratlon. spoiling or cracking of concrete_ • Inspect grates (perimeter sand filter)_ - Inspect inlets, Outlets and overflow spillway to ensure good condition and no evidence of erosion_ • Repair or replace any damaged structural parts_ - Stabilize any eroded areas. - Ensure that flow is not bypassing the facility. • Fnci Irethat no noticeable odors are detected outside the fartlity Annually - Remove and replace the top 2-5 inches of media every 8 to 5 years for low sectment applications, more often for areas of high sediment yield or high oil and grease. 9 to 5 years In addition to the above, ponds shall be inspected annually to determine if draw down occurs within 48 hours, and corrections made if the time exceeds 48 hours. C-C-2 462464v4 ME230-609 EXHIBIT D TO DEVELOPMENT AGREEMENT FORM OF DRAINAGE AND UTILITY EASEMENT THIS INSTRUMENT is made by Aldi Inc. (Minnesota), a Minnesota corporation, Grantor, in favor of the city of Medina, Grantee. Recitals A. Grantor is the fee owner of the property located in Hennepin County Minnesota (the "Property") and legally described on Exhibit A attached hereto. 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 perpetual, non-exclusive drainage and utility easement over, under, and across the portion of the Property described on Exhibit B attached hereto. 2. Scope of Easement. The perpetual, non-exclusive drainage and utility easement granted herein includes the right of the Grantee, its contractors, agents, and employees to enter the premises at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing the utilities, drainage ways and stormwater facilities in the described easement area. 3. Warranty of Title. The Grantor warrants it is the 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 or Property prior to the date of this instrument. 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. D-1 462464v4 ME230-609 Dated this day of , 2015. By: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Aldi Inc. (Minnesota), a Minnesota corporation Matt Lilla, Vice President The foregoing instrument was acknowledged before me this day of , 2015 by Matt Lilla, Vice President of Aldi Inc. (Minnesota), a Minnesota corporation, on behalf of the corporation, Grantor. NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (RHB) 470 US Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Notary Public D-2 462464v4 ME230-609 EXHIBIT A TO DRAINAGE AND UTILITY EASEMENT Legal Description of Property Lots 35 and 36, Auditor's Subdivision No. 241, Hennepin County, Minnesota. 462464v4 ME230-609 D-A-1 EXHIBIT B TO DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION OF EASEMENT [to be included] 462464v4 ME230-609 D-s-1 EXHIBIT E TO DEVELOPMENT AGREEMENT FORM OF UPLAND BUFFER EASEMENT AGREEMENT THIS UPLAND BUFFER EASEMENT AGREEMENT (the "Agreement") is made this day of , 2015 by and between the city of Medina, a Minnesota municipal corporation (the "City"), and Aldi Inc. (Minnesota), a Minnesota corporation (the "Grantor"). RECITALS A. Grantor is the fee owner of property located in Hennepin County, Minnesota, legally described in Exhibit A attached hereto (the "Property"); and B. Grantor and the City have entered into a separate development agreement (the "Development Agreement") regarding the development of the Property. C. The City has granted approval of a site plan and variance concerning the Property (the "City Approvals"), under the terms of which the Grantor is required to establish upland buffers adjacent to wetlands on portions of the Property consistent with City regulations, the location of which is legally described in 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 Grantor grant to the City a conservation easement (the "Upland Buffer Easement") over the Easement Area. The Easement Area is depicted on Exhibit C attached hereto. E. Grantor is willing to grant the Upland Buffer Easement in accordance with the terms of this Agreement. PROVISIONS In consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Grantor hereby grants and conveys to the City and its successors and assigns, an Upland Buffer Easement in, under, on, over and across the Easement Area, and the City hereby accepts such grant. The duration of this easement is perpetual, subject to Minnesota law governing granting of easements to governmental bodies, and shall bind and inure to the benefit of the parties, their successors and assigns. 2. The following terms and conditions shall apply to the Easement Area: 462464v4 ME230-609 E-1 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 its successors and assigns, the following rights: a. The City may enter upon the Easement Area for the purposes of inspection and enforcement of the covenants contained herein and to cause to be removed from the Easement Area without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of the Easement Area. The City shall provide notice and an order for corrective action consistent with City regulations. If the Grantor does not take the required corrective action, the City may enter the Property in order to perform the action. In such case, the City shall send an invoice of its reasonable maintenance costs to the Grantor, which shall include all reasonable staff time, engineering and legal and other reasonable costs and expenses incurred by the City. If the Grantor fails to reimburse the City for its costs and expenses within 45 days of receipt of an invoice for such costs, the City shall have the right to assess the full cost thereof against the Property. The Grantor, on behalf of itself and its successor and assigns, acknowledges that the corrective work performed 462464v4 ME230-609 E-2 by the City benefits the Property in an amount which exceeds the assessment and hereby waives any right to hearing or notice and the right to appeal the assessments otherwise provided by Minnesota Statutes, Chapter 429. b. The City may bring an action in any court of competent jurisdiction against the Grantor to enforce the terms of this Agreement; to require restoration of the Easement Area to its prior or more natural condition; to enjoin such non- compliance by temporary or permanent injunction and to recover any damages arising from such non-compliance. If a court determines that the Grantor has failed to comply with this Agreement, Grantor or Grantor's successors or assigns shall reimburse the City for any reasonable costs of enforcement, including costs of restoration, court costs and reasonable attorneys' fees, in addition to any other payments ordered by the court. 5. Grantor hereby grants and conveys to the City a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Easement Area. 6. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to ownership, operation and maintenance of the Property and the Easement Area. 7. Grantor agrees to indemnify, defend and hold harmless the City, its officials, employees and agents, against any and all loss, costs, damage and expense, including reasonable attorneys' fees and costs that the City incurs because of the breach of any of the above covenants and/or resulting from or due to Grantor's intentional misrepresentation of any material fact contained therein. The Grantor and the City agree that each shall be responsible for their own acts and the results of such acts and shall not be responsible for the act of the 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 rights and obligations under this Agreement terminate upon transfer or termination of its interest in the Property, provided that any liability for acts or omissions occurring prior to the transfer or termination shall survive that transfer or termination. Nothing in this Paragraph 10 is deemed to alter or amend the remaining terms of the Agreement in the event of a transfer of interest. 11. Any notice required in this Agreement shall be delivered personally or sent by U.S. certified mail, return receipt requested: a) as to Developer: Aldi Inc. (Minnesota), 4201 Bagley Avenue North Faribault, MN 55021 Attn: Andrew Mack 462464v4 ME230-609 E-3 b) as to City: With a copy to: City of Medina 2052 County Road 24 Medina, MN 55340 Attn: City Administrator Ronald H. Batty Kennedy & Graven, Chartered 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. ************************ 462464v4 ME230-609 E-4 IN WITNESS WHEREOF, the parties to this Upland Buffer Easement Agreement have caused these presents to be executed as of the day and year aforesaid. STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN By: Aldi Inc. (Minnesota), a Minnesota corporation Matt Lilla, Vice President The foregoing instrument was acknowledged before me this day of , 2015, by Matt Lilla, the Vice President of Aldi Inc. (Minnesota), a Minnesota corporation, on behalf of the corporation. Notary Public 462464v4 ME230-609 E-5 By: By: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY OF MEDINA Bob Mitchell, Mayor Scott T. Johnson, City Administrator -Clerk The foregoing instrument was acknowledged before me this day of , 2015, by Bob Mitchell and Scott T. Johnson, the mayor and city administrator -clerk, respectively, of the city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation. This document drafted by: City of Medina 2052 County Road 24 Medina, MN 55340 Notary Public 462464v4 ME230-609 E-6 EXHIBIT A TO UPLAND BUFFER EASEMENT AGREEMENT Legal Description of the Property Lots 35 and 36, Auditor's Subdivision No. 241, Hennepin County, Minnesota. 462464v4 ME230-609 E-A-1 EXHIBIT B TO UPLAND BUFFER EASEMENT AGREEMENT Legal Description of the Easement Area [to be included] 462464v4 ME230-609 E-B-1 EXHIBIT C TO UPLAND BUFFER EASEMENT AGREEMENT Depiction of the Easement Area [to be included] 462464v4 ME230-609 E-C-1 EXHIBIT F TO DEVELOPMENT AGREEMENT Improvements Cost Estimate for Letter of Credit [to be completed] 462464v4 ME230-609 F-1 EXHIBIT G TO DEVELOPMENT AGREEMENT FORM OF PETITION AND WAIVER AGREEMENT THIS AGREEMENT is made this day of , 2015, by and between the city of Medina, a Minnesota municipal corporation (the "City"), and Aldi Inc. (Minnesota), a Minnesota corporation (the "Developer"). WITNESSETH: WHEREAS, the Developer is the fee owner of certain real property located in Medina and legally described on Exhibit A attached hereto, (the "Property"); and WHEREAS, the Property is located generally in the southeast quadrant of Sioux Drive and T.H. 55; and WHEREAS, the City has approved a site plan and variance (collectively, the "City Approvals") to allow the development of the Property for a grocery store; and WHEREAS, in 2007, the City approved the Hamel Station development immediately west of the Property across Sioux Drive; and WHEREAS, as part of the approvals for the Hamel Station development, the City and the developer of said project entered into a petition and waiver agreement in anticipation of the City constructing certain improvements to Sioux Drive as conditions warranted in the future; and WHEREAS, the development of the Property will result in increased traffic on Sioux Drive and is likely to pose public safety concerns regarding right and left turn movements into and out of the Property and Westfalen Trail; and WHEREAS, the City intends to construct improvements in Sioux Drive (the "Sioux Drive Improvement Project" or "Improvement Project") under Minnesota Statutes, Chapter 429 to address those public safety concerns; and WHEREAS, the City intends to specially assess both the Property and Hamel Station for the full cost of the Improvement Project as the benefited properties; and WHEREAS, the City is willing to construct the Improvement Project without notices or hearings, provided the assurances and covenants hereinafter stated are made by 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 Improvement Project; and 462464v4 ME230-609 G-1 WHEREAS, were it not for the assurances and covenants hereinafter provided, the City would not construct the Improvement Project 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 City Approvals previously granted by the City and of the Development Agreement. NOW, THEREFORE, ON THE BASIS OF THE COVENANTS AND OBLIGATIONS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The Developer 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. 2. The Developer hereby petitions the City for construction of the Improvement Project at such time as the City, in its sole discretion, deems necessary. The Improvement Project shall consist generally of left turn lanes into the Property and Westfalen Trail west of Sioux Drive, all as more specifically determined by the City. The City may determine that the Improvement Project is necessary due to increased traffic on Sioux Drive and to address public safety concerns. Such determination may be made at any time within 10 years of the date of this Agreement. The City shall notify the Developer or its successors or assigns in writing if it determines the Improvement Project is needed. 3. The Developer consents to the City levying a special assessment for the Improvement Project against the Property in accordance with Minn. Stat., Section 429.061. The principal amount of the special assessment shall not exceed $129,360.00, indexed for increases in construction costs from April 2015, according to the ENR Construction Cost Index for Minneapolis, Minnesota, to the month and year of the start of construction of the Improvement Project. The ENR Construction Cost Index for April, 2015 is 11,749. 4. The Developer waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031, on the Improvement Project and notice of hearing and hearing on the special assessment levied to finance the Improvement Project pursuant to Minn. Stat. Section 429.061 and specifically requests that the Improvement Project be constructed and the special assessment be levied against the Property without notice of hearing or hearing. 5. The Developer waives the right to appeal the levy of special assessment in accordance with this Agreement pursuant to Minn. Stat. Section 429.081 and further specifically agrees 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 462464v4 ME230-609 G-2 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 levied against the Property shall be payable over such period as the City may determine, but not less than 10 years, and shall bear interest at a rate determined by the City, but not more than 2 percent above the City's cost of financing. The City's cost of financing shall mean the average coupon rate if the City sells debt to finance the Improvement Project. If no debt is sold for the Improvement Project, 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. 7. The covenants, waivers and agreements contained in this Agreement shall bind the Developer and its 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 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. 8. 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: a) as to the Developer Aldi Inc. (Minnesota), 4201 Bagley Avenue North Faribault, MN 55021 Attn: Andrew Mack b) as to the City City of Medina 2052 County Road 24 Medina, MN 55340 Attn: City Administrator or at such other address as either party may from time to time notify the other in writing in accordance with this paragraph. 9. This Agreement shall terminate a) 10 years from the date of issuance of this Agreement if the City has not made a written determination and sent notice to the Developer of its intent to initiate the Improvements Project or b) upon the final payment of all special assessment levied against the Property for the Improvement Project if such special assessment is levied. 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. 462464v4 ME230-609 G-3 IN WITNESS WHEREOF, the parties have set their hands the day and year first written above. By: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Aldi Inc. (Minnesota), a Minnesota corporation Matt Lilla, Vice President The foregoing instrument was acknowledged before me this day of , 2015, by Matt Lilla, Vice President of Aldi Inc. (Minnesota), a Minnesota corporation, on behalf of the corporation. Notary Public 462464v4 ME230-609 G-4 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss By: By: CITY OF MEDINA Bob Mitchell, Mayor Scott T. Johnson, City Administrator -Clerk The foregoing instrument was acknowledged before me this 2015, by Bob Mitchell and Scott T. Johnson, the mayor and respectively, of the city of Medina, a municipal corporation under Minnesota, on behalf of the City. day of , city administrator -clerk, the laws of the state of Notary Public 462464v4 ME230-609 G-5 EXHIBIT A TO PETITION AND WAIVER AGREEMENT Legal Description The legal description of the Property is as follows: Lots 35 and 36, Auditor's Subdivision No. 241, Hennepin County, Minnesota. 462464v4 ME230-609 G-6 elm creek Watershed Management Commission ADMINISTRATIVE OFFICE 3235 Fernbrook Lane Plymouth, MN 55447 PH: 763.553.1144 FAX: 763.553.9326 email: judie@jass.biz www.elmcreekwatershed.org June 24, 2015 City Clerks Elm Creek Watershed Management Commission Hennepin County Minnesota Re: 2016 Operating Budget Dear Clerks: TECHNICAL OFFICE Hennepin County Dept. of Environment and Energy 701 Fourth Ave S Suite 700 Minneapolis, MN 55415-1600 PH: 612.596.1171 FAX: 612.348.8532 email: Ali.Durgunoglu@co.hennepin.mn.us (via email) At its June 10, 2015 regular meeting, the Elm Creek Watershed Management Commission approved a 2016 operating budget totaling $447,651. This budget is based on the projected costs found in the Implementation Plan section of the Commission's Third Generation Watershed Management Plan, which is currently out for review. To fund the 2016 operating budget the Commission has approved an increase in member assessments to $215,360 (line 83), a 3.04% increase over the current year's assessments. 1. In 2011 the Commission began setting aside funding for capital improvement projects (CIPs) and studies. Many of these projects were identified in the 2007 Channel Study, will be identified in the watershed -wide TMDL Implementation Plan, or have been identified in the CIP section of the Third Generation Plan. Through 2015 a total of $110,200 has been assigned for projects and studies (lines 68, 113 and 114). An additional $85,000 (lines 64 and 68) is being set aside in 2016 for this purpose. 2. The Commission has identified one project, the Elm Creek Stream Restoration Project in Plymouth, in its Capital Improvement Program (CIP) for funding in 2016. The Commissioners have approved $250,000 (the maximum amount allowed under the Commission's Cost Share Policy) of the total cost of this project ($1,086,000) as the Commission's share to construct the project (lines 94-100). The Commission's share will be funded through an ad valorem tax levy by Hennepin County. 3. The watershed -wide TMDL, and WRAPS currently under agency review, will establish water quality improvement and protection goals for the lakes and major streams in the watershed. Similarly, the Third Generation Watershed Management Plan goals for water quality are focused on making progress to improve the lakes and streams in the watershed as well as protect those waters that are not impaired. CHAMPLIN - CORCORAN - DAYTON - MAPLE GROVE - MEDINA - PLYMOUTH - ROGERS 2016 Operating Budget June 24, 2015 Page 2 elm creek Watershed Management Commission The Commission will continue to partner with the USGS (line 27) to obtain routine flow and water quality data for Elm Creek and also monitor flow and water quality at two additional sites in the watershed annually on a rotating basis. The Commission will also conduct more intensive stream and lake monitoring, based on current data needs (lines 29-30 and 37-38). In 2016, $9,300 has been set aside for this purpose. The Third Generation Watershed Management Plan was slated for completion in 2014. In May 2014 the Board of Water and Soil Resources (BWSR) recommended in their comment letter that the Commission consider delaying completion of the Plan until work on the WRAPS is completed and implementation projects can be incorporated into the 2015-2024 CIP. This task was completed in March 2015. Attached is a copy of the 2016 budget and member assessments. Questions regarding the 2016 operating budget may be directed to your representative or this office. Section 6.3 of the Joint Powers Agreement that established the Commission provides that a member may object to the budget by giving written notice to the Commission before August 15, 2015. If any objection is received, the Commission will hear the objection and may modify the budget. In order to hear objections in a timely manner so as to convey a possibly modified budget to the members by September 1, 2015, the Commission is requesting that written objections be received in the administrative office by August 5, 2015, for consideration by the Commission at its August 12, 2015 regular meeting. Regards, Judie A. Anderson Administrator JAA:tim Attachments Cc via email: Commissioners TAC Members Staff Z:\Elm Creek\Financials\Financials 2016\L_conveying approved 2016 budget to cities.doc Elm Creek Watershed Management Commission - 2016 Operating Budget A B C D AB AC AD AE 3 2014 Budget 2014 Final 2015 Budget 2016 Budget 4 GENERAL OPERATING BUDGET 5 Expenses 6 Administrative 90,000 69,923 89,000 90,000 7 Watershed -wide TMDL Admin (Commission in -kind) 8,000 6,904 60,000 24,406 8 Grant Writing 5,000 5,100 9 Website 4,000 1,755 5,000 6,000 10 Legal Services 2,000 377 2,000 2,000 11 Audit 5,000 4,500 5,000 5,000 12 Insurance 3,500 3,014 3,500 3,800 13 Contingency 1,000 0 1,000 2,000 14 Subtotal 113,500 86,473 170,500 138,306 15 Project Reviews 16 Technical - HCES 72,000 72,000 77,500 105,500 17 Technical Support - Consultant 3,000 7,666 3,000 6,000 18 Admin Support 8,000 11,318 8,000 11,000 19 Subtotal 83,000 90,984 88,500 122,500 20 Wetland Conservation Act 21 WCA Expense - HCES 8,000 10,145 12,500 12,500 22 WCA Expense - Legal 500 290 500 500 23 WCA Expense - Admin 3,000 1,645 2,000 2,000 24 Subtotal 11,500 12,080 15,000 15,000 25 Water Monitoring 26 Stream Monitoring 27 Stream Monitoring - USGS 21,000 19,830 21,700 23,500 29 Extensive Stream Monitoring 7,000 7,200 30 DO Longitudinal Survey 500 31 Gauging Station - Elec Bill 190 181 190 195 32 Rain Gauge Network 100 100 100 33 Lake Monitoring 34 Lake Monitoring - CAMP 1,750 950 1,650 1,650 35 Lake Monitoring - TRPD 3,600 3,600 4,240 36 Sentinel Lakes 3,100 37 Additional lake 600 38 Aquatic Vegetation Surveys 1,000 39 Wetland Monitoring - WHEP 4,000 4,000 4,000 4,000 40 Stream Health - SHEP 6,000 6,000 6,000 6,000 41 Subtotal 36,640 34,561 44,880 47,845 42 Education 43 Education - City/Citizen Programs 5,000 1,060 5,500 6,000 45 WMWA General Admin 3,750 3,750 4,000 4,000 46 WMWA Implementa Activities incl Watershed PREP 6,000 6,000 6,000 6,000 48 R Garden Workshop/Intensive BMPs 3,000 3,000 3,000 3,000 49 Education Grants 3,000 3,000 3,000 50 Macroinvertebrate Monitoring -River Watch 6,000 6,000 6,000 6,000 51 Ag Specialist 5,000 2,000 2,000 52 Management Subtotal 31,750 19,810 29,500 30,000 57 Plan 58 Plan Amendments 3,953 5,000 59 Local Plan Review - due two years after Commission Plan adoption 3,000 60 Contribution to 4th Gen Plan - consider $10,000/set-aside beginning in 2020 61 Subtotal 0 3,953 0 8,000 62 Special Projects 64 Projects ineligible for ad valorem 0 50,000 66 Upper and South Metro Miss TMDL 0 0 2,000 1,000 68 Studies, Project Identification, Subwatershed Assessments 10,000 5,806 35,000 35,000 70 Subtotal 10,000 5,806 37,000 86,000 72 73 Contingency 3,000 3,000 0 74 Subtotal 3,000 0 3,000 0 75 Total Operating Expense (lines 14,19,24,41,52,61,70,74) 289,390 253,667 388,380 447,651 Z:\Elm Creek\Financials\Financials 2016\Elm 2016 Approved Budget_.xls Elm Creek Watershed Management Commission - 2016 Operating Budget _IA 3 B C D AB AC AD AE 2014 Budget 2014 Final 2015 Budget 2016 Budget 76 77 Revenue 78 Project Review Fees 52,000 98,670 80,000 100,000 79 Water Monitoring - TRPD Co-op Agmt 5,500 5,170 5,500 6,000 81 WCA Fees 1,500 4,990 1,500 5,000 82 Forfeited/Reimbursed Sureties/Reimbursement from LGUs 1,113 3,000 1,500 83 Membership Dues 203,000 203,000 209,000 215,360 84 Interest Income 100 77 100 80 87 From (To) Cash Reserves 27,290 $ (59,353) 88 Total Operating Revenue (lines 78-87) 289,390 253,667 299,100 327,940 89 TOTAL GENERAL OPERATING BUDGET (lines 75, 88; 0 0 89,280 119,711 91 Cash on hand, unencumbered 230,750 282,685 193,405 73,694 92 ASSIGNED Capital FUND Projects BALANCES 93 94 95 Revenue 96 Ad Valorem Levy Funds 131,250 250,000 97 Expense 98 Commission Cost Share 131,250 250,000 99 Administrative Expense 3,000 100 Total Capital Projects 0 3,000 101 102 Third Generation Management Plan 103 Member Assess - Contribution to Reserves 104 Encumbered from General Fund 0 105 Less Expenses 18,200 0 106 Total Third Gen Plan 0 0 108 109 WCA - Beginning Accumulated 11,046 0 110 WCA Activity - Current Year 11,046 0 111 WCA - Year -End Accumulated 0 0 112 113 55,000 will be combined 114 Assigned for projects, studies 20,220 115 Less Expenses 0 116 Total C/Ps, Projects, Studies 75,220 117 127 Assigned Fund Balances (lines 100, 106, 111, 116) 75,220 128 129 TOTAL CASH ON HAND (lines 91, 127) 357,905 Z:\Elm Creek\Financials\Financials 2016\Elm 2016 Approved Budget_ xls Elm Creek Watershed Management Commission 2016 Member Assessments 2014 2013 Taxable Market Value 2014 Budget Share Increase over Prey Year %age Dollars %age Dollars Champlin 427,287,300 4.71 % 9,560.45 1.40% 132 Corcoran 608,933,512 6.71 % 13,624.74 3.00% 397 Dayton 417,808,839 4.61 % 9,348.37 -1.45% -137 Maple Grove 4,941,523,315 54.47% 110,565.38 -0.02% -17 Medina 732,748,800 8.08% 16,395.08 10.97% 1,620 Plymouth 620,457,981 6.84% 13,882.60 7.51 % 970 Rogers 1,323,964,166 14.59% 29,623.38 11.42% 3,035 Totals 9,072,723,913 100.00% 203,000.00 3.05% 6,000 2015 2014 Taxable Market Value 2015 Budget Share Increase over Prey Year %age Dollars %age Dollars Champlin 365,574,074 4.03% 8,419.54 -11.93% -1,141 Corcoran 575,802,450 6.35% 13,261.31 -2.67% -363 Dayton 415,447,282 4.58% 9,568.17 2.35% 220 Maple Grove 4,972,351,933 54.79% 114,518.23 3.58% 3,953 Medina 711,145,751 7.84% 16,378.40 -0.10% -17 Plymouth 692,491,402 7.63% 15,948.77 14.88% 2,066 Rogers 1,341,913,004 14.79% 30,905.60 4.33% 1,282 Totals 9,074,725,896 100.00% 209,000.00 2.96% 6,000 2016 2015 Taxable Market Value 2016 Budget Share Increase over Prey Year %age Dollars %age Dollars Champlin 409,399,869 4.06% 8,741.51 3.82% 322 Corcoran 679,629,691 6.74% 14,511.46 9.43% 1,250 Dayton 467,103,289 4.63% 9,973.60 4.24% 405 Maple Grove 5,431,286,657 53.85% 115,968.92 1.27% 1,451 Medina 805,089,215 7.98% 17,190.28 4.96% 812 Plymouth 817,567,896 8.11% 17,456.72 9.45% 1,508 Rogers 1,476,090,709 14.63% 31,517.51 1.98% 612 Totals 10,086,167,326 100.00% 215,360.00 3.04% 6,360 Z:\Elm Creek\Financials\Financials 2016\2016 Member Assessments_approved.xls Agenda Item # 5F CITY OF MEDINA ORDINANCE NO. An Ordinance Amending Sections of Chapter 7 of the Code of Ordinances Regarding Public and Private Utilities The City Council of the City of Medina ordains as follows: SECTION I: Medina Code Section 700 is amended by deleting the stricken material and adding the double -underlined material as follows: Section 700.01. Sewer Code Defined. Sections 700.01 through 715.13 710.47 inclusive, shall comprise and be referred to hereinafter as the Sewer Code. Section 700.03. Definitions. Unless the context specifically indicates otherwise, the meaning of terms in the Sewer Code shall be as follows: Subd. 1. Sewage Work shall mean all facilities for collecting, pumping, treating and disposing of sewage. Subd. 2. Sewage shall mean a combination of the water -carried wastes from residences, business buildings, institutions, and industrial establishments. Subd. 3. Sewer shall mean a pipe or conduit for carrying sewage. Subd. 4. Public Sewer shall mean a sewer in which all owners of abutting properties have equal rights and is controlled by public authority. Subd. 5. Sanitary Sewer shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted. Subd. 6. Storm Sewer or Storm Drain shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes. Subd. 7. Sewer Treatment Plant shall mean any arrangement of devices and structures used for treating sewage. Subd. S. Industrial Wastes shall mean the liquid wastes from industrial processes as distinct from sanitary sewage. Subd. 9. Garbage shall mean solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage, and sale of produce. Subd. 10. Properly Shredded Garbage shall mean the wastes from the preparation, cooking, and dispensing of food that has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension. i Subd. 11. Building Drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning 5 feet outside the inner face of the building wall. Subd. 12. Building Sewer shall mean the extension from the building drain to the public sewer or other place of disposal. Subd. 13. Carbonaceous Biochemical Oxygen Demand (CBOD5) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter million by weight. present in wastewater as measured according to the latest edition of Standard Methods for the Examination of Water and Wastewater prepared and published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation. Subd. 14. Ph shall mean the logarithm of the weight of hydrogen ions in grams per liter of solution. Subd. 15. Suspended Solids shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids; and which are removable by laboratory filtering. Subd. 16. Natural Outlet shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. Subd. 17. Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently. Subd. 18. Person shall mean any individual, firm, company, association, society, corporation or group. Subd. 19. Shall is mandatory; May is permissive. Subd. 20. Plumber means that all references to plumber within this ordinance, unless otherwise stated within the context of this ordinance, shall mean a Master Plumber, who shall be licensed and bonded as described in Chapter 326 of Minnesota Statutes. Subd. 21. City shall mean the City Council or any authorized agents or representatives of the City, including employees of the City acting within the scope of their employment. Section 700.05. Protection from Damage. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the municipal sewage works. Any person violating this provision shall be subject to the penalty provided by this code. Section 700.07. Powers of Inspection. The City Engineer and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter upon all 2 properties for the purposes of inspection, observation, measurement, sampling, and testing, in accordance with the provisions of the Sewer Code. Section 700.09. Loss to City. Any person violating any of the provisions of the Sewer Code shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation. Section 700.11. Use of Public Sewers Required. It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the City of Medina, or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste. Section 700.13. Sewage Treatment. It shall be unlawful to discharge into any natural outlet within the City of Medina, or in any area under the jurisdiction of said City, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with provisions of the Sewer Code. Section 700.15. Use of Public Sewer Required. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. Section 700.17. Toilet Facilities. The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the City and abutting on any street, alley or right-of-way in which there is now located, or may in the future be located, a public sanitary sewer of the City, is hereby required at the owner's expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of the Sewer Code, within 90 days after date of official notice to do so, provided that said public sewer is located in the street or alley of abutting property. Section 700.19. Discontinue Septic Tanks and Cesspools. The owner of all houses, buildings or properties where cesspools and septic tanks have been in existence prior to the construction of the sanitary sewer, shall connect with the public sewer within 90 days of official notice to do so. In the event that a hardship exists with respect to fulfilling the requirements contained in this section, it is required that the owner submit a written request for a time extension in writing to the City Council few and await its determination and decision as to whether a hardship does exist and whether an extension of time shall be granted. No septic tank or cesspool shall be permitted to discharge into any public sewer or natural outlet. Section 700.21. Draining Private Systems. The contents of septic tanks cannot be pumped into the public sewer system or in any manner emptied into said public sewer system. Section 700.23. Filling. Filling of any cesspool, septic tank or similar tanks shall not commence until permission has been granted by the Building Inspector. All discontinued cesspools and septic tanks shall be filled with soil. 3 Section 700.25. Private Systems. Where a public sanitary sewer is not available, the building sewer shall be connected to a private sewage disposal system complying with the provisions of the Individual Sewage Treatment Code. Section 700.27. Permits Required for Public Sewer Connections. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Building Inspector and otherwise complying with the terms of this chapter. Section 700.29. Supervision. No plumbing shall be done except under direct supervision of a Master Plumber when said plumbing is connected with a public sewer. Section 700.31. Bonds. Permits for building sewers and connections shall be taken out by a Master Plumber, who shall be licensed and bonded as described in Chapter 326 of Minnesota Statutes. Section 700.33. Insurance. Prior to the commencement of construction work such Master Plumber shall maintain insurance as described in Chapter 326 of Minnesota Statutes. Should the insurance coverage hereinbefore provided be inadequate in amount then such Master Plumber shall himself indemnify and save harmless the City and all of its officers and employees. Section 700.35. Permits. The owner or agent shall make application for a permit on a form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information which the City Engineer may reasonably require. The applicant shall certify whether the building sewer will carry residential, commercial or industrial wastes. Section 700.37. Fees. A permit and inspection fee for a sewer permit shall be paid to the City Clerk Treasurer of Medina at the time the application is filed, in an amount determined by the City Council resolution fee schedule. Section 700.39. Permit Card. The City shall furnish a Permit Card with a permit number which shall be prominently displayed on property where sewer connection is being made; said card shall be displayed for the duration of the work. A Defe , the cost of sewer and water improvements paid by other premises similarly benefited within the to Sanitary Sewer and/or Public Water lines of any premise specially benefited by Sanitary Sewer and/or Public Water Improvements, which premise paid no part of the original assessment for such benefit. amount of the Deferred Connection Charge levied pursuant to Section 700.41 hereof for premises lying within the Independence Beach- Sanitary Sewer and Water Project shall be as follows: 4 Subd. 1. Single Family Unit. For any parcel, lot or combination thereof having no more than 120 feet of frontage and devoted or to be devoted to Single Family Dwelling Use, the following fees: (a) Sanitary Sewer Unit Charge, $2,708.40, (b) Water Unit Charge, $1,809.60, (c) Sanitary Sewer Charge per front foot in excess of 120 feet, $22.50, (d) Water Charge per front foot in excess of 120 feet, $15.08. Subd. 2. Multiple Dwelling Unit. Any parcel, lot or combination thereof having frontage of not more than 240 feet and devoted or to be devoted to Multiple Family Dwelling Use, the following fees: (a) Sanitary Sewer Unit Charge per Dwelling Unit, $2,166.72, (b) Water Unit Charge per Dwelling Unit, $14 47.68, (c) Sanitary Sewer Charge per front foot in excess of 240 feet, $18.06, (d) Water Charge per front foot in excess of 240 feet, $12.06. Subd. 3. Commercial Unit. Any parcel, lot or combination thereof having an area not exceeding one third of an acre and devoted or to be devoted to Commercial Uses, the following fees: (a) Sanitary Sewer Unit Charge, $2,708.40, (b) Water Charge per front foot, $15.08. Subd. 4. Extended Area Unit. Each Dwelling Unit and each Commercial Unit on any parcel, lot or combination thereof not previously benefited and subjected to assessment, which by later extension of Water or Sanitary Sewer Lines is specially benefited by the Independence Beach Water Supply System, Sanitary Sewer Interceptor, or Life Stations shall pay the following fees: (a) For Water, for each Dwelling Unit or Commercial Unit, an amount calculated by the City Engineer and obtained by adding all original costs of the Independence Beach Water Supply System and dividing by 134, (b) For Sanitary Sewer, for each Dwelling Unit or Commercial Unit, an amount calculated by the City Engineer and obtained by adding the costs of the Independence Beach Sanitary Sewer Interceptor and Lift Stations and dividing by 195. Section 700.45 700.41. Owner to Pay Expense. All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. Section 700.47 700.43. Separate Sewers. A separate and independent building sewer shall be provided for every building. Section 700.49 700.45. Old Sewers. Where any pipe or material other than extra heavy cast iron pipe, or vitrified clay pipe Schedule 40 Polyvinyl Chloride ("PVC") or Ductile Iron Pipe ("DIP") is encountered in the existing building drain or building sewer, it shall be replaced with pipe meeting the requirements of this ordinance city engineering specifications and/or the state building code. Section 70034 700.47. Crossing Cesspools and Septic Tanks. Building sewer pipe may be laid across existing cesspools and septic tanks providing pipe rests on a steel reinforced concrete slab, which ends rest directly on the concrete block walls. The two center sections of a regular cesspool cover laid parallel with each other may be used. 5 Section 700.53 700.49. Elevation. Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Section 700.55 700.51. Lifts. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged from the building. Section 700.57 700.53. Excavations. All excavating required for the installation of a building sewer shall be open trench work unless otherwise approved by the City Engineer. Pipe laying and backfill shall be performed in accordance with rules and regulations of the City of Medina. No backfill shall be placed until the work has been inspected and approved. Tunneling may be permitted but no tunnel shall exceed six (6) feet in length and the pipe shall be installed so as to permit inspection of all joints. Section 700,59 700.55. Sewer Service Pipe. All sewer service pipes shall be extra heavy cast inches Sschedule 40 PVC or DIP and must be installed according to city engineering specifications and/or the state building code. Section 7-0041 700.57. Joints. All joints and connections shall be made gas -tight and water- tight. Subd. 1. Lead. Lead shall be run in one pouring and caulked tight. No paint, varnish, or other coating shall be permitted on the jointing material until after the joint has been tested and approved. Subd. 2. Compression. Joints shall be ASTM C564 neoprene positive one piece double seal displacement and compression type. Lubricant and method of installation shall be in accordance with the manufacturer's instructions. Subd. 3. Joints. All joints in vitrified clay pipe shall be ASTM designation C125 ? 60T Type I or Type III specially molded integrally with the pipe. Joints between such vitrified as specified below. the effectiveness of the joint when subjected to a temperature of one hundred sixty (160° F.) degrees Fahrenheit, nor be soluable in any of the wastes carried by the drainage system. The joint shall first be caulked tight with jute, hemp, or similar approved material. Section 700.65. Connections, "Y" Branch. The connection of the building sewer into the public sewer shall be made at the existing service sewer lead, if such is available at a suitable 6 location. If the public sewer is twelve (12) inches in diameter or less, and no properly located sewer lead is available, the owner shall, at his expense, install a "Y" branch in the public sewer at the location specified and as directed by the City Engineer. Where the public sewer is greater than 12 inches in diameter, and no properly located "Y" branch is available, a neat hole may be an angle of about forty five (15°) degrees. A forty five degree ell may be used to make such elevation than the invert of the public sewer. A smooth, neat joint shall be made, and the for the connection only when approved by the City Engineer. Section 700,-67 700.59. Permit Required. No person shall in any way open or cut a public street to connect to a "Y" branch without first acquiring a written permit from the City of Medina. Section 700A9 700.61. Connections, Where Sewers Provided. Sewer service leads have been provided for each separate structure and all connections to the public sanitary sewer shall be made where sewer service leads have been installed. Connection with the public sanitary sewer at any other location must be approved by the City Engineer prior to starting of any construction. In the event the sewer service leads which have been installed cannot be used, then the property owner shall pay the full cost of making the connection elsewhere. Section 700.71 700.63. Inspection. The applicant for the building sewer permit shall notify the City when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the City or its representative. Section 700.73 700.65. Guards etc. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City, at the applicant's expense. SECTION II: Medina Code Section 701 is amended by deleting the stricken material and adding the double -underlined material as follows: Section 701.01. Use of Public Sewers; Surface Waters. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage including water from a sump pump, cooling water or unpolluted industrial process waters to any sanitary sewer. Discharge of water from a sump pump shall be accomplished in a manner consistent with regulations adopted by the city council City Council. Section 701.03. Storm Sewers. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as storm sewers, or to a natural outlet approved by the City Council. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the City Council, to a storm sewer, or natural outlet. 7 Section 701.05. Prohibited Wastes. Except as hereinafter provided, no person shall discharge or cause to be discharged any material which may adversely affect the public sewer system, including, but not limited to, the following described waters or wastes to any public sewer: Subd. 1. Any liquid or vapor having a temperature higher than 150 degrees F. Subd. 2. Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil, or grease. Subd. 3. Any gasoline, benzene, flaplita naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. Subd. 4. Any garbage that has not been properly shredded. Subd. 5. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works. Subd. 6. Any waters or wastes having a Ph lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works. Subd. 7. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters of the sewage treatment plant. Subd. 8. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. Subd. 9. Any noxious or malodorous gas or substance capable of creating a public nuisance. Section 701.07. Grease, etc. Subd. 1. Grease, oil, and sand interceptors shall be provided when they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All such interceptors shall be of a type and capacity approved by the City Engineer, and shall be located as to be readily and easily accessible for cleaning and inspection. Subd. 2. Construction. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gas -tight and watertight. 8 Subd. 3. Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. Section 701.09. Restricted Wastes. The City Engineer may restrict, condition or prohibit the admission into the public sewers of any waters or wastes: Subd. 1. having a 5 day Biochemical Oxygen Demand CBOD5 greater than 300 parts per million by weight 200 milligrams per liter (mg/1), and/or Subd. 2. containing more than 350 afts millie„ by ght 250 mg/1 of total suspended solids, and/or Subd. 3. containing any quantity of substances having the characteristics described in Section 700.77 701.05, and/or Subd. 4. having an average daily flow greater than 2% of the average daily sewage flow of the City. Section 701.11. Reduction of Waste. Subd. 1. The owner shall provide at his expense, such preliminary treatment as may be necessary to, (a) reduce the Biochemical Oxygen Demand CBOD5 to 200 parts per million by weight milligrams per liter (mg/1), and the total suspended solids to 350 parts per million by weight 250 mg/1, and/or (b) reduce objectionable characteristics or constituents to within the maximum limits provided for in Section 8-53 701.05, or (c) control the quantities and rates of discharge of such waters or wastes. Subd. 2. Submission to MWCC. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the City Engineer and of the Metropolitan Waste Control Commission, and no construction of such facilities shall be commenced until said approvals are obtained in writing. Section 701.13. Preliminary Treatment. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation, by the owner at his their expense. Section 701.15. Manholes. The owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the City Engineer. The manhole shall be installed by the owner at his their pensc expense, and shall be maintained by him the owner so as to be safe and accessible at all times. 9 Section 701.17. Tests. All measurements tests and analyses of the characteristics of waters and wastes to which reference is made in Sections 853 and 856 701.09 and 701.11 shall be determined in accordance with methods employed by the Minnesota Department of Health, and shall be determined at the control manhole provided for in Section 858 or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Section 701.19. Agreement with City. No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to and in exchange for, payment therefor by the industrial concern. Section 701.21. Industrial User Strength Charge. The Metropolitan Waste Control Commission, a metropolitan commission organized and existing under the laws of the State of Minnesota (the "Commission"), in order to receive and retain grants in compliance with the Federal Water Pollution Control Act Amendments of 1972 and regulations thereunder (the "Act"), has determined to impose an industrial user sewer strength charge upon users of the Metropolitan Disposal System (as defined in Minnesota Statutes, Section 473.121, subdivision 24) to recover operation and maintenance costs of treatment works attributable to the strength of the discharge of industrial waste, such sewer strength charge being in addition to the charge based upon the volume of discharge. In order for the City to pay such costs based upon strength of industrial discharge and allocated to it each year by the Commission, it is hereby found, determined and declared to be necessary to establish sewer strength charges and a formula for the computation thereof for all industrial users receiving waste treatment services within or served by the City. Furthermore, Minnesota Statutes, Section 444.075, Subdivision 3, empowers the City to make such sewer charge a charge against the owner, lessee, occupant or all of them and certify unpaid charges to the County Auditor as a tax lien against the property served. Section 701.23. Establishment of Strength Charges. For the purpose of paying the costs allocated to the City each year by the Commission that are based upon the strength of discharge of all industrial users receiving waste treatment services within or served by the City, there is hereby approved, adopted and established, in addition to the sewer charge based upon the volume of discharge, a sewer charge upon each person, company or corporation receiving waste treatment services within or served by the City, based upon strength of industrial waste discharged into the sewer system of the City (the "Strength Charge"). Section 701.25. Establishment of Strength Charge Formula. For the purpose of computation of the Strength Charge established by Section 862 701.23 hereof, there is hereby established, approved and adopted in compliance with the Acts the same strength charge formula designated in Resolution No. 76-172, adopted by the governing body of the Commission on June 15, 1976, such formula being based upon pollution qualities and difficulty of disposal of the sewage produced through an evaluation of pollution qualities and quantities in excess of an annual average base and the proportionate costs of operation and maintenance of waste treatment services provided by the Commission. 10 Section 701.27. Strength Charge Payment. It is hereby approved, adopted and established that the Strength Charge established by Section 862 701.23 hereof shall be paid by each industrial user receiving waste treatment services and subject thereto before the twentieth (20th) day next succeeding the date of billing thereof to such user by or on behalf of the City, and such payment thereof shall be deemed to be delinquent if not so paid to the billing entity before such date. Furthermore, it is hereby established, approved and adopted that if such payment is not paid before such date, an industrial user shall pay interest compounded monthly at the rate of two- thirds of one percent (2/3%) per month on the unpaid balance due. Section 701.29. Establishment of Tax Lien. As provided by Minnesota Statutes, Section 444.075, Subdivision 3, it is hereby approved, adopted and established that if payment of the Strength Charge established by Section 862 701.23 hereof is not paid before the sixtieth (60th) day next succeeding the date of billing thereof to the industrial user by or on behalf of the City, said delinquent sewer Strength Charge, plus accrued interest established pursuant to Section 86/1 701.25 hereof, shall be deemed to be a charge against the owner, lessee and occupant of the property served, and the City or its agent shall certify such unpaid delinquent balance to the County Auditor with taxes against the property served for collection as other taxes are collected; provided, however, that such certification shall not preclude the City or its agent from recovery of such delinquent sewer Strength Charge and interest thereon under any other available remedy. Section 701.31. Definition Governing Rules and Rates for Sewer Charge. Unless the language clearly indicates that a different meaning is intended, the following terms and phrases shall be given the meaning set out below for the purposes of this ordinance: Subd. 1. Normal Sewage is water -carried waste products from residences, public buildings, business or industrial establishments, schools, or any other buildings or structures, including the excrementitious excrement or other discharge from human beings or animals, together with such ground water infiltration as may be present. Subd. 2. Industrial Waste is any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing, trade, or business, as well as the development of any natural resource or any similar activity. Subd. 3. Average Unit is defined as a building containing three people. Section 701.33. Rates. Subd. 1. The following rates and charges for use and service of the sanitary sewer system are hereby established, such charges and rates to be made against each lot, parcel of land, unit or premises which may have a connection directly or indirectly into the City sanitary sewer system and which discharges only normal sewage into such system. Subd. 2. Minimum Charges. The minimum quarterly monthly charge, whether use of water is metered or not, shall be set by Resolution of the City Council. Subd. 3. Flat Charges. Where the rate is not based upon the metered use of water, quarterly monthly flat charges shall be set by Resolution of the City Council. 11 Subd. 4. Extraordinary Charges. Notwithstanding any other provision of this ordinance to the contrary, the rate for discharge of water from any extraordinary source into the sanitary sewer system shall be established by Resolution of the City Council. Subd. 5. Metered Flow Charges. For all residential premises where the rate is to be based on the metered flow of water, the rate shall be set by Resolution of the City Council. Subd. 6. Rate -Industrial Waste and Large Units. On each lot, parcel, premises, or unit not enumerated herein, the use of water shall be metered and the rate shall be the same as that provided in the City Council rate Resolution. Section 701.35. Metering Water Supply in Lieu of Flat Charge. A meter recording the use of water may be installed on any non-residential lot, parcel, premises or unit enumerated in this ordinance and thereafter the rate shall be based upon such use of water. The City Council, may by resolution, require and order the installation of such meter on any such lot, parcel, premises or unit or class thereof where it shall determine that the aforementioned flat charges are impractical to apply, or result in inequitable charges because insufficient or excessive; and thereafter the rate shall be based upon such use of water. Section 701.37. Installation of Meter. Any water meter installed for use or used as a basis for the computation of sewer rates shall be installed and maintained in good operating condition at all times. The City shall purchase the water meter, external unit and attachment horn on behalf of the owner, but the owner shall reimburse the City for the cost of the water meter, external unit and attachment horn upon receipt of the water meter, external unit and attachment horn. The City shall at its own cost maintain the water meter, external unit and attachment horn, provided, however, that if there is tampering with the water meter, external unit and attachment horn, then the owner shall be charged with the cost of maintaining the water meter, external unit and attachment horn. Ordinary wear and tear of the water meter, external unit and attachment horn shall not constitute tampering by the owner. Installation of and maintenance of such meter shall be made in accordance with the plumbing regulations of this City. Section 701.39. Water Used Not Entering Sewer Systems. If the lot, parcel of land, or premises discharges normal sewage or industrial waste into the sanitary sewage system, either directly or indirectly, and it can be shown to the satisfaction of the City Council that a portion of the water measured by the water meter does not and cannot enter the sanitary sewage system, then, and in that event, the City Council may permit or require the installation of other or additional meters in such a manner that the quantity of water which actually could enter the sewer system may be determined. In such case the charges or rates shall be based upon the amount of water which can enter the sanitary sewage system. Section 701.41. Supplying Information. The owner, occupant or person in charge of any premises shall supply the City with such information as the City may reasonably require related to use of water, use of sewer, or sewer rates. Willful failure to provide such information or willful falsification of such information shall constitute a violation of this ordinance, as shall willful failure to comply with any requirement or order issued pursuant to this ordinance. 12 Section 701.43. Estimated Bills. If the owner, occupant or person in charge of any premises shall fail or refuse to provide information as provided in Section 701.41 hereof, or shall fail or refuse to comply with any requirement of this ordinance, the proper charge for such premises shall be estimated and billed in accordance with such estimate. Section 701.45. Beginning Service. For a fraction of a quarter month the charges and rates for nonmetered units shall be based upon the amount of the established flat charge, provided, however, that the actual month day of beginning shall be considered as having begun on the first or the fifteenth of the month, whichever is closer. Section 701.47. Subd. 1. The City Council may by resolution adjust any of the charges set forth in this ordinance upon recommendation of the City Engineer or other employees of the City, based upon the actual costs to the City, of the service and facilities being provided. Subd. 2. The provisions of the preceding subdivision notwithstanding, the City Council may be by resolution adjust the charges made hereunder to any person, firm or corporation, upon recommendation of the City Engineer or other employees of the City, based upon the degree or extent of treatment required before such sewage is introduced into the Municipal Sewer System. Seetion-70449,S-ewer-Distriets: Subd. 1. Hamel Sewer District Established. There is hereby created and established a Sanitary Sewer district in the City of Medina to be known as the Hamel Sewer District, shown on the plat thereof prepared by William T. Mills, consulting engineer, and which plat is on file with the City Clerk Treasurer and which is dated March 13, 1968, or as subsequently arranged by the City Council. Subd. 2. Independence Sewer District Established. There is hereby created and established a Sanitary Sewer district in the City of Medina to be known as the Independence Sewer District, the boundaries of which shall be as follows: The actual Knutson, consulting engineer, and which plat is on file with the City Clerk Treasurer and which is dated , or as subsequently arranged by the City Council. Subd. 3. Medina Morningsidc Sewer District Established. There is hereby created and established a Sanitary Sewer district in the City of Medina to be known as the Medina Momingside Sewer District, the boundaries of which shall be as follows: The actual boundary lines of this District are shown on the plat thereof prepared by McCombs Knutson, consulting engineer, and which plat is on file with the City Clerk Treasurer and which is dated , or as subsequently arranged by the City Council. SECTION III: Medina Code Section 710 is amended by deleting the stricken material and adding the double -underlined material as follows: 13 Section 710.01. Definitions. For the purposes of this section, the following terms shall have the meanings given to them: Subd. 1. "Backflow Preventer" means any mechanical or air gap system designed and installed in order to prevent the accidental Backflow of water from one source to another. Subd 2. "City Water Supply System" means all Public Water Supply Wells, water towers, reservoirs, treatment plants, water mains, and service lines that the city City owns, operates or maintains and all private water lines connected to any of the above. Subd. 3. "Drinking Water Supply Management Area" means the surface and subsurface area surrounding a Public Water Supply Well, including the Wellhead Protection Area, which must be managed in accordance with the Wellhead Protection Plan. Subd. 4. "Irrigation Well" means any well that is installed to provide water to supplement the water level of a Storm Water Pond which is utilized for a Lawn and Landscape Irrigation System. Subd. 5. "Lawn and Landscape Irrigation System" means all pumps, lines or sprinkler heads which are located on private property or within the adjacent public right-of-way that have a sole purpose of irrigating landscape plants and/or grass. Subd. 6. "Private Water Supply Well" means a Water Supply Well that is not owned, operated or managed by the city City. Subd. 7. "Public Water Supply Well" means a Water Supply Well owned, managed or operated by the city City. Subd. 8. "Seed Bed Preparation" means the preparation of top soil for any seeding, sodding or planting. A seed bed shall consist of a minimum of four inches of black top soil and two inches of humus or compost material. Subd. 9. "Storm Water Pond" means any basin that is designed and constructed to treat storm water runoff from a particular area. Subd. 10. "Water Supply Well" means a well that is not a dewatering well or monitoring well and includes wells used: (a) for potable water supply; (b) for irrigation; (c) for agriculture, commercial or industrial water supply; (d) for heating or cooling; (e) as a remedial well; and 14 (f) for testing water yield for irrigation, commercial or industrial uses, residential supply or public water supply. Subd. 11. "Wellhead Protection Area" means the surface and subsurface area surrounding a Public Water Supply Well as identified in the Well Protection Plan. Subd. 12. "Wellhead Protection Plan" means the city City plan, which has been approved by the Minnesota Department of Health, which provides for the protection of all Public Water Supply Wells. Section 710.02. Private Water Supply Wells where City Water Supply System is Available. Subd. 1. Purpose. The City Water Supply System represents a significant public investment and its operation in an efficient and sanitary manner is essential to protect public health, safety and welfare, to safeguard municipal finances and to support development within the community. It is the purpose of this ordinance to protect the integrity, financial stability, and adequacy of the City Water Supply System by restricting the installation of Private Water Supply Wells where the City Water Supply System is available and regulating the permitting of Private Water Supply Wells in locations where they pose a threat to City Water Supply Wells. Subd. 2. Private Water Supply Wells Prohibited where City Water Supply System is Available. (a) No Private Water Supply Well may be installed on any property where the City Water Supply System is available with the exception of the wells described in Subd. 2(b) of Section 710.02 below. For the purpose of this section, the City Water Supply System shall be considered available if the property is within the current or earlier time period of the Urban Services Phasing Plan of the City of Medina Comprehensive Plan. (b) Exceptions. (1) Irrigation Wells. Irrigation Wells may be installed to supplement water in storm water ponds which supply a Lawn and Landscape Irrigation System. Such Wells shall require prior written approval of the City. No Irrigation Well shall be permitted by the City within the Drinking Water Supply Management Area unless the applicant can demonstrate to the satisfaction of the City that the Irrigation Well will not have a negative effect on a City Water Supply Well, impact the City's ability to provide an adequate public water supply or otherwise compromise the City Water Supply System. (2) Private Water Supply Wells used solely as part of a heating or cooling system for a building. (3) Private Water Supply Wells on property zoned Rural Residential -Urban Reserve (RR-UR), Rural Business Holding (RBH), or Rural Commercial Holding (RCH) if the City determines that connecting to the City Water 15 Supply System is not economically feasible based on the use proposed on the property. Section 710.03. Connections with Water Mains Prohibited. No person, except employed or authorized by the City, shall tap any distributing main or pipe of the City Water Supply System, or insert stop -cocks or corporation -cocks therein. Section 710.04. Permits for Service Connections. Subd. 1. No connection or service tapping shall be made with a City water main without a permit which shall be issued by the City upon application by a licensed Master Plumber. Subd. 2. No permit shall be issued for a connection or service tapping with the City water main to anyone except a licensed Master Plumber. Subd. 3. Permits shall describe the location and size of each connection, and size must not be departed from in any degree, except on the written consent made on said permit by the officer giving the same. Section 710.05. Supervision. No plumbing shall be done except under direct supervision of a Master Plumber when connecting with a public water system. Section 710.07. Bonds and Insurance. Permits for building water systems and connections shall be taken out by a Master Plumber, who shall furnish a bond and insurance as required by Sections 700.31 and 700.33 of this Code. Section 710.09. Permit Card. The City shall furnish a Permit Card with permit number which shall be prominently displayed on property where water connection is being made; said card shall be displayed for the duration of the work. Section 710.11. Connection Fees. The fee for a permit for water main tapping shall be paid for each connection in the amount specified by Resolution of the City Council. In addition thereto, before any permit shall be issued, there shall be paid any sum required under Sections 710.13 and 710.15. Section 710.13. Payment of Assessments. No permit shall be issued to tap or connect with any water main of the City of Medina either directly or indirectly from any lot or tract of land unless the City Administrator- Clerk Treasurer shall have certified one of the following: Subd. 1. That such lot or tract of land to be served by such connection or tap has been assessed for the cost of construction of the water main with which the connection is made; Subd. 2. If no assessment has been levied for such construction cost, that proceedings for levying such assessment have been or will be commenced in due course; 16 Subd. 3. If no assessment has been levied, and no assessment proceedings will be completed in due course, that a sum equal to the portion of cost of constructing said water main which would be assessable against said lot or tract has been paid to the City. Section 710.15. Payment Where No Assessment Has Been Made. If no such certificate can be issued by the City Administrator -Clerk Treasurer, no such permit to tap or connect to any water main shall be issued unless the applicant shall pay an additional connection fee which shall be equal to the portion of the cost of construction of the said main which would be assessable against said lot or tract to be served by such tapping or connection. Said assessable cost is to be determined by the City Engineer and City Assessor upon the same basis per front foot as any assessment previously levied against other property for the said main, or, if no such assessment has been levied, upon the basis of the uniform charge per front foot which may have been or which shall be charged for similar tapping or connection with said main, determined on the basis of the total assessable cost of said main allocated on a frontage basis. Section 710.16. Excavation Permits Required. No person shall excavate in a public street to service a water main, make connection therewith, or for any purpose which will expose a water main, unless given permit to do so by the City. Section 710.17. Permit Applications. Application for a permit shall be made in writing and signed by the owner or his agent duly authorized to do the work. The application must state clearly the kind of service for which the connection is intended, the size and kind of pipe to be used, the street and number, which side of street, if on a corner, on which street to be tapped, with a diagram of the property to be supplied, showing the streets, the boundary, the block on which it is situated, with the distance from the nearest corner, the full name and address of the owner, the purpose for which the water is to be used, the time when the corporation -cock is to be inserted; and the application shall show all other particulars necessary to the full understanding of the subject. No permit shall authorize anything not stated in the application. For any misrepresentation in such application the permit may be suspended, and if the misrepresentation appears to be willful, the permit will be revoked. Section 710.19. Corporation -Cock and Laying of Service Pipes. The corporation -cock inserted in the distributing pipe must be of the size specified in the permit order. Every service pipe must be laid sufficiently waiving to allow of not less than one foot of extra length, and in such manner as to prevent rupture by settlement. The service pipe must be placed not less than eight feet below the surface and in all cases so arranged as to prevent rupture from freezing. Section 710.21. Stop Boxes. Service pipes must extend from the main to the inside of the building; or if not taken into a building then to the hydrant or other fixtures which it is intended to supply. A stop -cock accessible from the surface thru through a sleeve without digging in all cases must be placed outside in a box at the curb, and a shut-off or other stop -cock with waste, of the size and strength required, shall be placed close to the inside wall of the building, well protected from freezing. All stop boxes at the curb must be set in front of the building intended to be supplied, not to exceed two feet from the line of said building or part thereof at the back side of the perimeter drainage and utility easement of said lot. All stop boxes and cocks must conform to the specifications of the City of Medina. 17 Section 710.23. Pipe Sizes. The pipe sizes shall be as specified and directed by the City Engineer for the City of Medina. Section 710.25. Time for Insertion. If from any cause the plumber laying the service pipe should fail to have the corporation -cock inserted at the time specified in his application, notice must be given the City fixing another day on which he wishes the corporation -cock to be inserted. The notice must be given at least two days previous to the excavation for laying of the service pipe, and the corporation -cock must be inserted before 5 p.m. except in special cases, and then the work shall be done only upon a written order from the City. Section 710.27. Turning on Water. No person shall turn on any water supply at the stop box without a permit from the City Clerk Treasurer Public Works Director, and no such permit shall be given anyone but a licensed plumber. The City reserves the right to turn off any water supply if said number is not displayed after a written notice has been sent to the owner as appearing on its books. Section 710.29. Supply from One Corporation -Cock. No more than one house or building shall be supplied from one corporation -cock. Section 710.31. Repair of Leaks. In case of failure upon the part of any consumer or owner to repair any leak occurring upon her or his service pipe within 24 hours after verbal or written notice has been given upon the premises, the water will be shut off and will not be turned on until the leak is repaired. Upon notice to the Building Inspector and verification that the leak has been repaired, and payment of a fee set by resolution of the City Council, the water will be turned on. Section 710.33. Water Meters. Except for extinguishment of fires or when authorized by special permit from the City Clerk Treasurer, and for temporary purposes only, no person shall use water from the water supply system of the City or permit water to be drawn therefrom, except the same be metered by passing through a meter supplied or approved by the City. No person not authorized by the City Clerk Treasurer shall connect, disconnect, take apart, or in any manner change, or cause to be changed, or interfere with any such meter or the action thereof. Section 710.33. Water Meters. Subd. 1. Domestic Water Meter. Every customer shall provide a place where a meter can be installed as approved by the City Public Works Director or the City Engineer, and a licensed plumber shall install and maintain the same. The City fee schedule shall determine the charge to be made to customers for purchase of a water meter, with size and type of meter to be determined by the City Public Works Director and/or the City Engineer. At the time application is made for a building permit for a home to be served by City water, the applicant shall pay for the meter. Subd. 2. Irrigation Meter. In order to save on irrigation costs, a customer may apply for a permit to purchase from the City a one inch irrigation meter, which charge shall be determined by the City fee schedule. 18 Subd. 3. Temporary Water Meter. Except for extinguishment of fires or when authorized by special permit from the City Public Works Director (for temporary purposes only), no person shall use water from the Water Supply System of the City or permit water to be drawn therefrom, unless the water used be metered by passing through a meter and approved backflow preventer and the user pays a hookup fee according to the City's fee schedule. No unauthorized person shall connect, disconnect, take apart, or in any manner change, or cause to be changed, or interfere with any such meter or the action thereof. Section 710.35. Usage and Testing Fees. The City Council shall by Resolution fix the charge delivery for installation. Whenever any meter shall become obstructed or out of order, the City shall cause it to be repaired. On request of any customer and payment to the City Clerk Treasurer of a fee set by Resolution by the City Council, the City will test such water meter. All water meters shall remain the property of the City and may be replaced at any time by the City. If any meter becomes obstructed or out of order, the City may issue a work order for it to be repaired. If at any time the customer requests to have the meter tested for accuracy, the same shall be done by the City, with the fee determined by the City fee schedule and charged to the customer if the meter registers 90% or more accurate. All water meters shall remain the property of the City and may be replaced at any time by the City, in the City's sole discretion. Section 710.37. Meter Damaged by -Sand, Costs. Whenever the City Council shall determine that any water meter has been damaged by reason of the presence of sand in water which has passed through it from the public water supply system, City Council may cancel any obligation imposed upon the customer to pay the cost of repair of such damage, and direct that the cost of such repair be paid out of the funds of the City. Water meters may be repaired or replaced from time to time as is necessary to ensure accurate measuring of the flow of water. The cost of said repair or replacement shall be borne by the City except that whenever a meter has been damaged due to negligence on the part of persons other than the employees of the City, the owner, occupant, and user of the premises, or such other person desiring the use of the water, shall reimburse the City within 60 days and upon demand therefor, the water service and supply to said premises may be shut off or discontinued as determined to be in the best interest of the City. Section 710.39. Old Corporation -Cocks Plugged, Penalty. When new buildings are erected on the sites of old ones, and it is desired to increase or change the old water service, no connections with the mains shall be given until all the old corporation -cocks shall have been removed and the main plugged. If any contractor, workman or employee upon such building shall cause or allow any service pipe to be hammered together at the ends to stop the flow of water, or save expense in removing such pipe from the main, the owner of such building, such workman or contractor shall, upon conviction thereof, be guilty of a misdemeanor, and shall remove said service pipe from the main; if he shall fail to do so on 24 hours' notice, he shall be obligated to pay the City the cost incurred by it for such removal. Section 710.41. Meter Setting Devices. Meter setting devices for 3/4 inch and one inch meters shall be of copper pipe or tubing from the terminus of the service pipe up to and including the house side valve, provided that if copper cannot be obtained such meter setting device may be of another non -corrodible metal approved by the City. 19 Section 710.43. Excavation for Tapping Water Mains. Excavations made for the purpose of making a tap from any City water main shall be at least 2 and 1/2 feet wide by 4 feet long inside the curbing, said 4 feet to be measured from a point 6 inches beyond the side of the main opposite to that which is to be tapped and from said point toward the building with which said water connection is to be made. Such excavations shall extend to the depth of at least 12 inches lower than the bottom of the water main. Ample clear space shall be allowed around the main in all cases to insert the tapping machine. All excavations for tapping shall be safely curbed to the satisfaction of the City tapper. In case the excavation is not properly made, sufficient clear space is not provided, or the excavation improperly curbed, the tap shall not be made until the excavation, clear space and curbing are proper and safe. A safe ladder shall be furnished by the person doing the work for the use of the inspector for the purpose of inspecting the connection to the City main. Section 710.45. Water Meter Installation. All water meters hereafter installed shall be in accordance with the following rules: Subd. 1. The bottom of the meter shall not be less than four (4) inches, or more than twelve (12) inches from the top of the finished basement floor line; and the meter shall not be set more than twelve (12) inches measured horizontally, from the inside line of the basement wall. Subd. 2. The service pipe from the City water main to the meter, where the same enters the building, shall be brought through the basement floor in a vertical position, so that a connection may be made thereto with an ell to which may be attached the stop and waste, and meter, or the pipe may be brought through the basement floor, in a vertical position and bent above the floor at a right angle; and the stop and waste, and meter attached in such a manner that the meter shall stand in a proper, vertical position. In no case shall there be more than twelve (12) inches of pipe exposed between the point of the entrance through the basement floor and the stop and waste, and said stop and waste shall be connected directly to the meter. Subd. 3. The water pipe connecting with the City water main shall not be run under any basement floor for a distance of more than two (2) feet, measured from the inside line of the basement wall, before being connected with the water meter. Section 710.47. Private Water Supplies. No water pipe of the City Water Supply System shall be connected with any pump, well or tank that is connected with any other source of water supply and when such are found, the City shall notify the owner to disconnect the same, and if not done immediately, the water supply shall be turned off forthwith. Section 710.48. Cross -connection Control. Cross -connections between potable water systems and any system or equipment that contain, or are used to handle, water or other substances that may pose a risk to health or safety are prohibited, except where express written approval has been made by the City of Medina. Written approval may only be given where suitable protective devices, such as a break tank or a reduced pressure zone backflow preventer, are installed, tested, and maintained to ensure proper operation. Cross -connections between an individual water supply and a potable public supply shall not be made without express written permission from the City of Medina in accordance with the Minnesota Plumbing Code, Minnesota Rules Chapter 20 4715. Section 710.49. Size of Connections. Connections with the mains for ordinary domestic supply shall be a minimum 3/11 diameter of one an inch. Section 710.51. Connections Beyond City Boundaries. In any and all cases where water mains of the City have been or shall be extended to or constructed in any road, street, alley or public highway adjacent to or outside the corporate limits of the City, the City Clerk Treasurer Public Works Director is hereby authorized to issue permits to the owners or occupants of properties adjacent to, or accessible to, such water mains to tap and make proper water service pipe connections with such water mains of the City in conformity with and subject to all the terms, conditions and provisions of the ordinances of the City relating to the tapping of the City water mains and making water service pipe connections therewith, and to furnish and supply water from the water works system Water Supply System of the City to such owners and occupants of properties adjacent or accessible to such water mains of the City through and by means of water meters duly installed. Water service rendered to such persons shall be subject to all provisions of this Ordinance, and persons accepting such service shall thereby agree to be bound and obligated by said Ordinance. This provision regarding connections beyond the City boundaries shall not be effective until a contract regarding said connections is entered into by and between the City of Medina and the City in which said connections are to be made, or a contract is made by and between an owner of land beyond the City boundaries where a connection is proposed to be made and the City in which said property is located is made a party to said contract. Section 710.53. Fire Hydrant Connections. It shall be unlawful for any person, except when authorized by the City, or except members of the City Street Department Public Works Department or Volunteer Fire Department, when performing their official duties, to open or interfere with any of the hydrants of the City Water Supply System. Section 710.55. Water Rates. Subd. 1. The rate due and payable to the City by each water user within the City for water taken from the City Water Supply System shall be established in set by Resolution of the City Council the City fee schedule. Where service is for less than a quarterly period, this charge will be based on actual consumption. Subd. 2. In case the meter is found to have stopped or to be operating in a faulty manner, the amount of water used will be estimated in accordance with the amount used previously. Subd. 3. When water is desired for construction purposes, the owner shall make application for water service and the service shall be carried inside the foundation wall. If the meter cannot be installed at that time, the charges for the water shall be set forth under water rates, and when the building is completed, the meter shall be set in the regular way. 21 Section 710.57. Service Charges. Charges in an amount set by Resolution by the City Council the City fee schedule shall be made and collected at the time of making application for the following connections to the Water System. Subd. 1. For turning on water where service has been turned off for non-payment of water bill or failure to repair a leak; Subd. 2. For raising or lowering, stop -box tops to correspond with ground level change made by property owner; Subd. 3. For turning water on or off at the request of the property owner or tenant, or for any other reason. Section 710.59. Utility Fund. There shall be maintained within the City accounting system separate funds, Sanitary Sewer and Water System. All monies collected by the City Clerk Treasurer Administrator -Clerk for sewer and water service under this Ordinance shall be deposited in each respective fund. Such fund shall be used to meet all the expenses for the operation, maintenance, repair, plant expansion, and administration of each respective Sanitary Sewer and Water Project. Section 710.61. Billing Procedures. All bills and notices for sewer and water service shall be sent to the property address of the real estate being served. If non resident owners or agents responsibility for notice of change of ownership or address shall rest with the owner of the real estate so served. Non-resident owners or agents shall receive a copy of such bills and notices upon written request. Section 710.63. Collections and Delinquent Bills. All bills for Sewer and Water shall be calculated through and including the last day of each calendar quarter, i.e., on March 31, June 30, September 30, and December 31 st of each calendar year, except the Medina Morningside area the 15th day of the month which follows such quarterly calculation. Said bills Bills shall be are hereby declared delinquent if not paid in full on or before the last day of the month which follows said quarterly calculation following in which service was provided. A service charge in an amount set by Resolution of the City Council the City fee schedule shall be incurred immediately upon such delinquency and shall be added to the next quarterly monthly billing. An additional service charge shall be added on each quarterly monthly calculation date upon which said delinquent bill, including any previous service charge, remains unpaid. All bills, including service charges, which remain delinquent and unpaid on September 1 of each calendar year, shall be certified by the City Clerk Treasurer Administrator -Clerk to the County Auditor on or before October 15th of said year for collection. Amounts so certified, together with interest at the rate set by resolution of the City Council, commencing on the date of initial delinquency, shall be extended by the County Auditor on the tax rolls and become a lien upon the property in the manner of special assessments, but shall be payable in a single installment, and shall be collected with real property taxes and returned to the City of Medina. 22 Section 710.65. Discontinuance of Service for Ordinance Violations. The City is authorized to shut off water service at any stop box connection any time it finds any of the following, provided that water shall not be turned off from any service pipe between the hours of 9 o'clock a.m. on Saturday and 9 o'clock a.m. on the following Monday: Subd. 1. The owner or occupant of the premises served, or any person working on any pipes or equipment thereon which are connected with the City water supply system has intentionally violated any of the requirements of the Ordinances of the City relative to the water supply system or connections therewith. Subd. 2. The owner or occupant of the premises served threatens to violate, or cause to be violated, any of the provisions of this Code. Subd. 3. Any charge for water, service, meter, meter parts or any other financial obligations imposed on the present or former owner or occupant of the premises served, by the provisions of this Code, is unpaid. Subd. 4. Fraud or misrepresentation by the owner or occupant in connection with an application for service. Section 710.67. Deficiency of Water and Shutting Off Water. The City shall not be liable for any deficiency or failure in the supply of water to consumers, whether occasioned by shutting the water off for the purpose of making repairs or connections, or from any other cause whatever whatsoever. In case of fire, or alarm of fire, the City may shut off water to ensure a supply for firefighting; or in making repairs or constructing new works, the City may shut off the water at any time and keep it shut off so long as it shall deem necessary. Section 710.68. Water Use Restriction. In the event of a water supply shortage, use of City water for lawn and garden sprinkling, irrigation, car washing or other non -potable uses shall be limited to an odd -even date schedule corresponding to property address, effective upon the public works superintendent Public Works Director or city administrator's City Administrator's designee's determination that the shortage of water supply threatens the City Water Supply System. The public works superintendent Public Works Director or city administrator's City Administrator's designee may further limit the days and hours of the City Water Supply System usage at any time as deemed necessary. Special permit allowance will be considered for those property owners with new seed, sod, or other needs if the public works superintendent Public Works Director determines sufficient water for such permits is available. Section 710.69. Declared Water Shortage. If the City Council determines that an emergency is present, the council Council may declare a water shortage and determine that the users of the public water mains shall be prohibited from using the water from the City Water Supply System for certain functions on their property. All persons within the City of Medina shall comply with regulations imposed as a result of a water shortage. Violation of this section shall be a misdemeanor. Section 710.71. Access to Buildings. Authorized employee employees of the City shall have free access at reasonable hours of the day to all parts of every building and premises connected with the City water supply system Water Supply System for reading of meters and inspections. 23 Section 710.73. Adjustments in Water Charges. The City Council shall be is hereby authorized to make adjustments in water charges where in its opinion the amount billed was erroneous due to meter deficiency or other mistakes. Section 710.75. Lawn and Landscape Irrigation Systems. Subd. 1. Purpose. The purpose of this ordinance is to promote efficient use of water for lawn and landscape irrigation without placing an undue burden on the ems City's public water supply. Subd.2. Reserved. Subd. 3. Connection of Lawn and Landscape Irrigation Systems to the City Water Supply System. (a) Customers installing an automatic or underground irrigation system are required to install a rain sensor device. Existing irrigation systems are required to retrofit to install a rain sensor device at such time as improvement or extension of the system occurs. (b) If located within the City Water Supply System service area, the following are prohibited from connecting a Lawn and Landscape Irrigation System to the City Water Supply System: i) A property located within a subdivision that consists of five or more lots and is zoned residential; ii) A multiple dwelling unit structure of any size, except for properties in locations that are served by the City storm sewer system; and iii) A property that is over two acres in size and is zoned commercial, industrial business park, mixed -use, or public/semi-public. (c) This ordinance shall be applicable only to the above -described properties that install Lawn and Landscape Irrigation Systems after the enactment of this ordinance. No property shall be allowed to expand its Lawn and Landscape Irrigation System from the City Water Supply System if a Storm Water Pond is available or established to accommodate lawn and landscape irrigation service. Any property presently served by the City Water Supply System that is requesting to expand its Lawn and Landscaping Irrigation System shall be required to convert and connect its Lawn and Landscaping Irrigation System to a Storm Water Pond if such Storm Water Pond is available or must be established to accommodate lawn and irrigation service. Subd. 4. Connection to Storm Water Ponds. Lawn and landscape irrigation water may be obtained for any property from a Storm Water Pond under the following conditions: 24 (a) All pumps associated with the Lawn and Landscape Irrigation System shall be free standing or located in a structure that is not connected to the City Water Supply System; and (b) No water pumped for the Lawn and Landscape Irrigation System shall enter and no pump or irrigation system shall in any way be connected to any structure that is connected to the City Water Supply System. Subd. 5. Connection of Irrigation Wells to Storm Water Ponds. (a) An Irrigation Well may be installed on any property in order to provide additional water to a Storm Water Pond under the following conditions: i) Any Irrigation Well shall be constructed according to Minnesota Statutes Chapter 103I and Minnesota Rules Chapter 4725 ("Minnesota Well Code"); ii) A Water Use (Appropriation) Permit must be obtained from the Minnesota Department of Natural Resources; iii) Each Irrigation Well shall be equipped with either a water flow meter or a time meter; iv) The property owner shall provide the cry City with a well log and yearly pumping records on the last day of each calendar year for each Irrigation Well located on the property; v) The Irrigation Well shall be protected from accidental back flow of water with a Backflow Preventor that shall be approved in advance by the city City; and vi) Irrigation Well water shall not be used to provide flow to any water feature where the water then flows to waste. (b) Irrigation Well water shall be used only for irrigation of landscaping. It shall not be used for any other use, including uses that provide flow to water features where the water then flows to waste. Subd. 6. Construction of a Lawn and Landscape Irrigation System. The location of lines and sprinkler heads for a Lawn and Landscape Irrigation System may be located within the city City right-of-way or easement, subject to the following conditions and prior approval of the city City: (a) The owner of the Lawn and Landscape Irrigation System is responsible for any maintenance or repair of the Lawn and Landscape Irrigation System; (b) The owner of the Lawn and Landscape Irrigation System signs a written agreement with the city City in which the owner agrees to assume all liability and responsibility for damages to the Lawn and Landscape Irrigation System that is caused by city City activities, including, but not limited to, snow removal; 25 (e) All Lawn and Landscape Irrigation System lines located within eity City right-of- way or easement shall have a location wire installed in accordance with the ertylg City's specifications; (d) All Lawn and Landscape Irrigation System lines that cross City streets Of shall be encased in an oversized carrier pipe; and (e) The owner of the Lawn and Landscape Irrigation System shall provide the city City with an as -built plan of the irrigation system. Subd. 7. Operation of Lawn and Landscape Irrigation Systems. The operation of a Lawn and Landscape Irrigation Systems shall be subject to the following restrictions: (a) Turf and Landscape Irrigation Best Management Practices as set forth by the Irrigation Association for landscape irrigation systems shall be followed by the owner at all times; (b) Prior to any seed, sod or landscaping being placed within the Lawn and Landscape Irrigation System area, there shall be proper Seed Bed Preparation by the owner; and (c) Under weather conditions where the eity City places an irrigation ban or other restrictions on the use of any lawn or landscape irrigation that is connected to the City Water Supply System, the city City may also prohibit or place limitations on the pumping from any Irrigation Well that is being utilized by a Lawn or Landscape Irrigation System. Subd. 8. Penalties. Any person convicted of violating this ordinance shall be guilty of a misdemeanor and shall be subject to a maximum fine or maximum period of imprisonment, or both, as specified by Minnesota Statutes, Section 609.03. SECTION IV: Medina Code Section 740 is amended by deleting the fitricken material and adding the double -underlined material as follows: Section 740.01. Establishment of Department. There is hereby established a Public Utilities Division of the Department of Public Works of the City of Medina which shall be under the supervision of the Director of Public Works. The water and sewer systems as they are now constituted or shall hereafter be enlarged or extended shall be operated and maintained under the provisions of this ordinance subject to the authority of the City Council at any time to amend, alter, change or repeal the same. The Public Utilities Division shall have responsibility for the management, maintenance, care and operation of the sewer and water systems of the City. Section 740.02. Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall have the meanings hereinafter designated. 26 biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at 20o centigrade in terms of milligrams per liter (mg/1). Subd. 1. Carbonaceous Biochemical Oxygen Demand (CBOD5) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter present in wastewater as measured according to the latest edition of Standard Methods for the Examination of Water and Wastewater prepared and published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation. Subd. 2. Industrial Wastewater. The liquid wastes from industrial processes, as distinct from residential or domestic strength wastes. Subd. 3. Normal Domestic Strength Waste. Waste water with a BOD5 CBOD5 concentration not greater than 250 200 milligrams per liter (mg/1) and a total suspended solids concentration not greater than 225 250 mg/1. Subd. 4. Sanitary Sewer. A sewer intended to carry only liquid and water carried wastes which carries sewage and to which storm, surface, and ground waters are not intentionally admitted. Subd. 5. Storm Sewer. A sewer intended to carry storm water, surface runoff, sub surface water, ground water, drainage and unpolluted water from any source which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes. Subd. 6. Total Suspended Solids. A total suspended matter that either floats or is in suspension in water, wastewater or other liquids, and is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater," latest edition. measured according to the latest edition of Standard Methods for the Examination of Water and Wastewater prepared and published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation. Section 740.03. Applications, Permits and Fees. No person, firm or corporation shall make any type of connection to the water system, sanitary sewer system or storm sewer system except upon making an application therefor on a form provided by the City and receiving a permit issued by the City for such purposes. The application shall include the legal description of the property to be served, the uses for which the connection is requested, and the size of the service line to be used. At the time of making such application there shall be paid to the City Administrator -Clerk fees which shall be set by the City Council from time to time by resolution for the following purposes: Subd. 1. No connection shall be made with respect to any sanitary sewer, water system or storm sewer system serving the property of any person or occupants of the land, parcel or premises affected that have not paid or provided for the payment of the full and proportionate share of the said utilities which share shall be payable as follows: 27 (a) The City Council may establish water, sanitary sewer and storm sewer districts and establish area charges, connection charges, lateral charges and similar charges for each said district. No connection shall be made to the City water or sewer system until the applicant or owner pays the charge or charges noted above established by Council resolution from time to time. These charges shall be in addition to any fees or charges required under subsections 2, 3 and 4. (b) For service to property to which service lines have not been previously run from the street laterals to the property line, the owner, occupant or user shall pay into the City Treasury a service line charge, the amount of which shall not be less than the City's cost of making the necessary connections, taps, and installation of pipe and appurtenances to provide service to the property and the necessary street repairs, provided, however, with the approval of the City, the owner or applicant shall have the right to contract directly with a licensed plumber for the installation and connection of the service line. (c) Prior to any connections the owner, occupant or user shall pay in cash or agree to pay charges in the form of Special Assessments to be levied against the property to be spread over a number of years to be established by the City Council and may be coincident with the maturity requirements of any Special Improvement Bonds sold for the purpose of financing the construction of sanitary sewer, municipal water or storm sewer system serving the property. Said cash payment or assessment charge shall be in the principal amount of let not less than the payments made by or charges placed against comparable properties for like services for such sanitary sewer, water or storm sewer system in an amount as may be established by the City Council. Payment to the City Treasury in the form of a Special Assessment charge shall be in the form of equal annual installments together with interest on the unpaid balance, which shall be established by Council resolution. (d) No connection shall be made to the sanitary sewer system until the applicant or owner pays a Service Availability Charge (SAC) established by the Metropolitan Waste Control Commission for the availability of treatment works and interceptors comprising the metropolitan disposal system. Subd. 2. Before proceeding with the construction, enlargement, alteration, repair of any water or sewer lines connecting the water system, sanitary sewer system or storm sewer system to any house or building, the owner or his agent shall first obtain a permit for such purposes from the municipality through its City Administrator -Clerk. The applicant shall pay to the City Administrator -Clerk a permit fee the amount of which shall be established from time to time by Council resolution. The Plumbing Inspector shall examine all applications before construction begins; and after the construction, enlargement, alteration or repair is complete, the Plumbing Inspector shall be notified. It shall be unlawful to cover any connecting line until an inspection has been made and such connection and the work incident thereto has been approved by the City as a proper and suitable connection. 28 Section 740.04. Connection to Systems. The owner of all buildings or properties used for human occupancy, employment, recreation, or other purpose, situated within the City and abutting on any street, alley or right-of-way in which there is now located a public sanitary sewer of the City, is hereby required at the owner's expense to connect such facility directly with the proper public sewer within 90 days after date of official notice to do so. New connections to the sanitary sewer system shall be prohibited unless sufficient capacity is available in all downstream facilities including but not limited to flow, strength and suspended solids. All users making connection to the sanitary sewer system are also subject to any additional requirements and regulations established by the Metropolitan Waste Control Commission and/or the Minnesota Pollution Control Agency. Where municipal sanitary sewer is not available, the building shall be connected to an individual wastewater disposal system complying with the provisions of the Ordinances of the City of Medina. Section 740.05. Protection from Damage. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the municipal water or sewage works. Any person violating this provision shall be subject to the penalty provided by this code. Section 740.06. Delayed Connection Charge. Any owner of a residence or commercial building to which sewer service is or becomes available shall be subject to an additional charge as established by Council resolution from time to time upon connection to such service if such connection is not made within the period of time which shall be established by Council resolution after such service becomes available. Section 740.07. Implied Consent to Rules, Regulations and Rates. Every person applying for water or sewer service, every owner of property for which any such application is made, every person accepting water or sewer service and every owner of property where such service is accepted subsequent to the passage of this ordinance shall be deemed upon making such application or accepting such service to consent to all rules, regulations and rates as established by this ordinance and as may hereafter be set forth and adopted by the City Council by resolution or ordinance. Section 740.08. Installation of Connections. All connections to the water system or sanitary sewer system shall be performed by a plumber licensed to do plumbing in the City of Medina; except that nothing in this ordinance shall be construed as to prohibit an individual owner from obtaining a permit to connect to an existing service line located totally within the owner's property and installing such connection by his own labor provided, however, that said construction is conducted under the regulations of this ordinance and all other City ordinances and applicable Statutes of the State of Minnesota and requirements of the City Engineer and City Plumbing Inspector. Section 740.09. Liability for Repairs. After the initial connection has been made to the curb stop or the sewer lead the applicant, owner or the occupant or user of such premises shall be liable for all repairs required to any water line or any sanitary or storm sewer lines necessary for connection of the premises to the street main, including any repairs necessary to the curb stop box and any necessary street repairs; it shall be the responsibility of the applicant, owner, occupant or user to maintain the stop box at such height as will ensure that it remains at the finished grade of the land or property. 29 Subd 1. Water and Sewer Utilities Located inside the Public Right -of -Way or Public Easement Area. After the initial connection has been made to the water service lead or the sewer lead, the owner, occupant, and user of the premises served shall be liable for all repairs required to any water service line or any sanitary or storm sewer line necessary for connection of the premises to the curb stop or sewer lead, to include the actual connection on the occupant side of the connection. It shall be the responsibility of the owner, occupant, and user to obtain the necessary authorizations required, if any, to complete the utility repairs. It shall be the responsibility of the owner, occupant, and user to maintain the curb stop box or sewer clean out at a height as will ensure that it remains at the finished grade of the property. Subd. 2. Water and Sewer Utilities Located Outside of the Public Right -of -Way or Public Easement Area. After the initial connection has been made to the water service lead or the sewer lead, the owner, occupant, and user of the premises served shall be liable for all repairs required to any water service line or any sanitary or storm sewer line necessary for connection of the premises to the street main, including any repairs necessary to the curb stop and box or sewer clean out and any necessary street repairs. It shall be the responsibility of the owner, occupant, and user of the premises to obtain any necessary authorizations, permits and approvals required to complete the utility repairs. It shall be the responsibility of the owner, occupant, and user to maintain the curb stop box or sewer clean out, if any, at a height as will ensure that it remains at the finished grade of the property. Section 740.10. Leak in Service Line. Any owner, occupant Of and user of a premises who shall discover a leak in a service line to the premises shall notify the City office within twenty- four (24) hours. Any water wasted due to failure of such person to comply with this regulation shall be estimated by the City Clerk and be charged for against the owner at such premises at the established rate. Section 740.11. City Not Liable. The City shall not be held liable at any time for any deficiency or failure in the supply of water to the customer whether the same be occasioned by shutting off the water for repairs or connections or for any cause whatever. Section 740.12. Emergency Regulations. The City Council may impose emergency regulations pertaining to the conservation of water by resolution of the City Council and by giving notice by publication or by posting in the City Hall and at such public places as the Council may direct. Whenever the City Council determines that a shortage of water supply threatens the City, it may, by resolution, limit the times and hours during which City water may be used for sprinkling, irrigation, car washing, and other external purposes. After publication of a Notice setting forth the restrictions for use of water for said purposes, no person shall use or permit water to be used in violation of the resolution and any customer who does so, shall be charged such sum as established by resolution for each day of violation and the charge shall be added to the customer's next water bill. Continued violation shall be cause for discontinuance of water service. Section 740.13. Right to Enter Land. The City of Medina by any authorized employee or agent shall have the right to enter and be admitted to any lands and property in the City at any 30 reasonable hour for the purpose of inspection of materials, plumbing work and fixtures of all kinds used by or in connection with the water and sewer systems. Section 740.14. Private Water not Permitted in City System. Whenever any premises are connected to the City water system, there shall be maintained a complete physical separation between the City water supply system and the private water supply system so that it is impossible to intentionally or unintentionally allow any water produced by a private system to be introduced in the supply line from the City system Water System. Section 740.15. Storm Water not Permitted in Sanitary Sewer System. It shall be unlawful for any owner, occupant or user of any premises to direct into or allow any storm water, surface water, ground water, well water or water from air conditioning systems to drain into the sanitary sewer system of the City of Medina. No rain spout, or other form of surface drainage and no foundation drainage or sump pump shall be connected or discharged into any sanitary sewer. Section 740.16. Prohibited Wastes in Sanitary Sewer System. No person, firm or corporation shall discharge any waste, or cause or allow any waste to be discharged into the sanitary sewer system unless in accordance with the following regulations: Subd. 1. Treatment of Prohibited Waste. Where it is determined that any waste discharged or to be discharged has certain characteristics or elements which are or may be harmful to the structures, processes or operation of the sanitary sewer system or persons operating it, the City may: (a) Reject the waste. (b) Require pretreatment to an acceptable condition for discharge to the public sewers, pursuant to Section 307(b) of the Clean Water Act and all addendums thereof. (c) Require control over the quantities and rates of discharge, and/or, (d) Require payment to cover added costs of handling, treatment and disposal based on the formula as adopted by the Metropolitan Waste Control Commission. Subd. 2. Limitations on Discharge. No person, firm or corporation shall discharge or cause, or allow to be discharged into the sanitary sewer system any waste containing concentrations in excess of the following: Pollutant Limitation (Maximum for any operating day) (a) Cadmium 2.0 mg/1 (b) Chromium, total 8.0 mg/1 (c) Copper 6.0 mg/1 (d) Cyanide, total 4.0 mg/1 (e) Lead 1.0 mg/1 (f) Mercury 0.1 mg/1 (g) Nickel 6.0 mg/1 (h) Zinc 8.0 mg/1 31 (i) Temperature 0) pH 65 C° (150° F) 5.0 - 10.0 Subd. 3. Exclusion of Wastes. No person, firm or corporation shall discharge or cause or allow to be discharged into the sanitary sewer system any waste which contains any of the following: (a) More than one hundred (100) mg/1 of fats, wax, grease or oils (hexane soluble), whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between 32o and 150o F (Oo and 65o C) at the point of discharge into the sewer system. (b) Liquids, solids, or gases which by reason of their nature or quantity are or may be sufficient to cause fire or explosion or be injurious in any other way to the sanitary sewer system or to the operation of the system. At no time shall two (2) successive readings on an explosimeter, at the point of discharge into the sewer system, be more than five percent (5%) nor any single reading over ten percent (10%) of the Lower Explosive Limit (L.E.L.). (c) Any noxious or malodorous solids, liquids or gases, which either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to like, or are or may be sufficient to prevent entry into a sewer for its maintenance and repair. (d) Any toxic substance, chemical elements or compounds in quantities sufficient to interfere with the biological processes of efficiency of treatment works, or that will pass through a treatment works and cause the effluent therefrom or the water into which it is discharged, to fail to meet applicable State or Federal Standards. (e) Garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1/2") in any dimension. (f) Radioactive wastes or isotopes or such half-life of concentrations that they are in noncompliance with present or future regulations issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the system or personnel operating it. (g) Solids or viscous wastes which will or may cause obstruction to the flow in a sewer, or other interference with the proper operation of and disposal system, such as grease, uncomminuted garbage, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, gas, tar, asphalt, residues from refining or processing of fuel or lubricating oil, gasoline, naphtha, and similar substances. (h) Any waste from septic tanks or similar facilities. 32 (i) Any mineral acids, waste acid pickling or plating liquors from the pickling or plating of iron, steel, brass, copper or chromium, or any other dissolved or solid substances which will or may endanger health or safety, or attack or corrode any part of the sanitary sewer system. (j) Liquids or vapors having a temperature higher than 150° F immediately prior to discharge into the sewer system. (k) Phenols or other taste or odor -producing substances in concentrations which will or may cause the effluent from the treatment works or the water into which it is discharged to fail to meet applicable State or Federal standards. (1) (m) Materials which exert or cause: (1) Unusually high concentrations of inert suspended solids or of dissolved solids. (2) Excessive discoloration. (3) Unusually high volume of flow or concentration of waste exceeding five (5) times the average daily concentration of flow during normal operation. Unusually high concentrations of suspended solids, BOD, Total Suspended Solids, CBOD53 COD, or chlorine requirements, in such quantities as to constitute a significant load on the treatment works. (n) Any substance which is not amenable to treatment or reduction by the type of sewage treatment processes employed to a degree sufficient to permit the effluent from the treatment works and the water into which it is discharged to meet applicable State and Federal standards. Subd. 4. Grease, Oil & Sand Traps. Grease, oil and sand interceptors shall be provided, when determined necessary by the City, to properly handle liquid wastes containing excessive amounts of floatable grease, flammable waste, sand or other harmful ingredients. All interceptors shall be readily and easily accessible for cleaning and inspection. The owner shall be responsible for constructing and maintaining these interceptors and for the proper removal and disposal of captured materials. Subd. 5. Monitoring and Inspection. Where required by the City, the owner of any property served by a building sewer carrying industrial waste shall install a suitable structure on the building service line with necessary appurtenances to facilitate observation, sampling and measurement of wastes. The structure shall be installed by the owner at his expense in accordance with plans approved by the City and shall be maintained by the owner to be safe and accessible at all times. The owner of any property serviced by a building sewer carrying industrial waste may, at the discretion of the City, be required to provide laboratory measurements, tests or analysis of waters or wastes to illustrate compliance with this Ordinance and any special condition for discharge established by the City, Metropolitan Waste Control Commission or regulatory agencies 33 having jurisdiction over the discharge. All measurements, tests or analyses of waters and wastes shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association. Subd. 6. Right to Inspect. The City through its duly authorized representative or employ, bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing pertinent to the discharges to the City's sewer system. The City shall be provided information concerning industrial processes which have a direct bearing on the type and source of discharge to the wastewater collection system. Section 740.17. Water Meter Regulations. Subd. 1. Before any water conveyed through the municipal water system shall be used or utilized on the land or premises of any person, firm or corporation, there shall first be installed a water meter that will accurately measure the water consumed on the premises, except and unless such installation shall be exempted by the City. Subd. 2. All applications for the installation, maintenance and repair of water meters shall be made to the City Clerk, who shall proceed to comply with such application within a reasonable time thereafter. All meters installed shall be furnished by the City and shall remain the property of the City of Medina. Regulations for the cost of furnishing and use of water meters shall be established by Council resolution. Subd. 3. No person, firm or corporation other than the City of Medina or its designee, shall install, maintain or repair any water meter within the City limits. Every water meter connected to the water system shall be sealed by or under the direction of the City Clerk or City Department of Public Works and no person, firm or corporation shall break or remove such seal; provided, however, that a plumber licensed to do business in the City of Medina may break such seal or remove such meter for necessary repairs, in all cases where a seal is broken or a meter is removed by a licensed plumber, such plumber shall notify the City Clerk of the fact within twenty-four (24) hours after the seal is broken or the meter is removed. Whenever any seal attached to a water meter by or under the direction of the City Clerk or City Department of Public Works is found broken, the broken condition of such seal shall be a prima facie evidence that such seal was broken contrary to the terms and provisions in violation of this ordinance. Subd. 4. All water meters and/or remote readers connected to the water system shall be accessible to the City Clerk or City Department of Public Works or designee at any reasonable hour of any business day and the refusal of admission by any owner or occupant of any premises wherein a water meter is installed after such owner or occupant has been notified that admission is desired for the purpose of inspecting a water meter installed in said premises shall constitute a violation of this ordinance. Subd. 5. Water meters shall be repaired or replaced from time to time as is necessary to ensure accurate measuring of the flow of water. The cost of said repair or replacement shall be borne by the City except that whenever a meter has been damaged due to 34 negligence on the part of persons other than the employees of the City, the owner, occupant or user of the premises or such other person desiring the use of the water shall reimburse the City for the expense of repairing or replacing any such meter. Upon failure to reimburse the City within a reasonable time and upon demand therefore, the water service and supply to said premises may be shut off or discontinued as determined to be in the best interest of the City. Subd. 6. It shall be unlawful for any person to tamper with, alter, by-pass or in any manner whatsoever interfere with the proper use and functioning of any water meter within the City. Subd. 7. If a meter fails to register or accurately measure the water, the charge for water consumed shall be paid for at the established rate based upon past average billings as determined by the City Clerk. Subd. 8. Whenever a water user questions the accuracy of the meter, and desires that his meter be tested, he sh ll fee the „t f ., hic-h, shall be esta . lishoa rr time time by Council resolution, if the meter tests accurate within a range of minus 3 percent to plus 1 1/2 percent. If any meter becomes obstructed or out of order, the City may issue a work order for it to be repaired. If at any time the customer requests to have the meter tested 'or accuracy, the same snall be Gone by the lacy, witn the lee aetermmea by the City fee schedule and charged to the customer if the meter registers 90% or more accurate. If it is not accurate within this range, no charge will be made for testing and an adjustment on the water bill will be made for the period of time that the meter is assumed to be inaccurate, not to exceed two (2) billing periods. Section 740.18. Purchased Water Not Entering Sewer System. If the lot, parcel of land, or premises discharges sewage or industrial waste into the sanitary sewage system, either directly or indirectly, and it can be shown to the satisfaction of the City Council that a portion of the water measured by the water meter does not and cannot enter the sanitary sewage system, then, and in that event, the City Council may permit or require the installation of other or additional meters in such a manner that the quantity of water which actually could enter the sewer system may be determined. In such case the charges or rates shall be based upon the amount of water which can enter the sanitary sewage system. Section 740.19. Meter Readings. Subd. 1. The City Council may provide a system of water meter reading by post card, The City of Medina will provide a system for water meter reading. The Council City may also establish billing areas or districts and provide for the reading of meters and billing charges by calendar quarters or monthly or such periodic intervals as the City Council shall determine suitable and necessary from time to time by resolution. provided, however, where meter reading is done by post card the City Council may establish a penalty for failure to return water meter reading card within the time designated on said card by Council resolution. 35 Subd. 2. The City reserves the right to discontinue service to any customer of the water and sanitary sewer system without notice when necessary for repairs, additional connection or reconnection. The City reserves the right to discontinue service to any customer of the water and sanitary sewer system with notice as hereinafter provided for non-payment of charges or bills or for disregard of any rules or regulations in connection with the use or operation of said system. The service of water or sanitary sewer shall not be shut off until notice and an opportunity for a hearing have first been given to the occupant and owner of the premises involved. The notice shall be personally served and shall state that, if payment is not made before the date stated in the notice, but not less than ten days after the date upon which the notice is given, the water supply to the premises will be shut off. The notice shall also state that the occupant may, before such date, demand a hearing before the City Council, in which case the supply will not be shut off until after the hearing is held. If, as a result of the hearing, the City Council finds that the amount claimed owing is actually due and unpaid and there is no legal reason why the water supply of the delinquent customer may not be shut off in accordance with this ordinance, the City may then shut off the supply. Whenever any service has been discontinued for non-payment of charges or bills or for disregard of any rules or regulations in accordance with the procedures set forth above, it shall not be resumed except upon payment of the charges or bills accrued together with interest thereon, at a rate to be determined by Council resolution from time to time or compliance with the rules and regulations previously violated and payment to the City of restoration fee, the amount of which shall be set by the City Council from time to time by resolution. Section 740.20. Billing Regulations. The City Council shall have the authority to prescribe by resolution the rates to be charged for water and sewer service to the customer from time to time and may prescribe the date of billing, a discount for payment within a prescribed period and/or penalty for failure to pay within such period and such further rules and regulations relative to the use and operation of such systems as it may deem necessary from time to time. All accounts shall be carried in the name of the owner who shall personally, or by his authorized agent, apply for such service. The owner shall be liable for water supplies and sewer service to his property whether he is occupying the property or not and any unpaid charges shall be a lien upon the property. Section 740.21. Rate Determinations. The purpose of this section is to establish a procedure to recover from users of the City facilities, on an equitable basis, the share of City costs attributable to such users and to provide funds for the operation and maintenance, debt service and replacement. The service charges shall be based on the volume of water used and wastewater discharged and subject to the provisions of the Metropolitan Waste Control Commission strength charge system for wastewater discharges. The basic formula for rate determinations shall be as follows: 1. SC = DC + UC 2. DC = (DCR)(V) 3. UC = (UCR)(V) Where: SC =Service Charge, which means the aggregate of all charges including the user charge, debt service charges and other related charges billed periodically to users. DC =Debt Service Charge, which means the principle and interest necessary to pay bonded indebtedness. UC =User Charge, which means a charge levied on users for cost of operation, maintenance and replacement. DCR=Debt Charge Rate in terms of $ per 1000 gallons. UCR=User Charge Rate in terms of $ per 1000 gallons. V=Volume of metered water per connection. 36 Section 740.22. Accounting Procedures. All invoices and records of funds received and expenses for operation, maintenance and replacement for the water and sewer systems shall be maintained in separate accounts. These accounts shall be separate from any revenues generated for debt service for each of the systems. Annually, the water and sewer service charge rates shall be reviewed and adjusted by the City Council to reflect the actual costs of operation, maintenance, replacement and debt service. In addition, the user charge rates for operation, maintenance and replacement will be revised to accomplish the following: Subd. 1. Maintain the proportionate distribution of operation and maintenance costs among users and user classes. Subd. 2. Generate sufficient review to pay the total operation and maintenance costs necessary to properly operate and maintain the system. Subd. 3. Apply excess revenues collected from a class of user to that class of user for the next year and adjust the rates accordingly. Water and sewer services charges provided for in this Ordinance shall be included as separate items on regular bills. The City shall annually make known to all users the portions of the service charges necessary to meet the operation, maintenance and replacement cost and which portion is necessary to meet debt service for each system. Section 740.23. Establishment of Tax Lien. In the event a water or sewer bill, whether incurred prior or subsequent to the passage of this ordinance, is unpaid after the due date as established by Council resolution from time to time, the bill shall be considered delinquent and the service may be discontinued as provided above and the City Council may cause the charges noted in such billing to become a lien against the property served by certifying to the County Auditor the amount of said delinquent bill in accordance with the statutes of the State of Minnesota. Such action is optional and may be subsequent to taking legal action to collect delinquent accounts. Section 740.24. Separability of Sections. In the event any provision of this ordinance shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. SECTION V: The ordinance shall be effective upon its adoption and publication. Adopted by the City Council of the City of Medina this day of , 2015. ATTEST: By: Scott T. Johnson, City Administrator -Clerk Published in the Crow River News this day of 37 By: Bob Mitchell, Mayor , 2015. Agenda Item # 5G Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2015- RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. BY TITLE AND SUMMARY WHEREAS, the city council of the city of Medina has adopted Ordinance No. an ordinance amending sections of Chapter 7 of the code of ordinances regarding public and private utilities; and WHEREAS, Minnesota Statutes § 412.191, subdivision 4 allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is 37 pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that the city administrator -clerk shall cause the following summary of Ordinance No. to be published in the official newspaper in lieu of the ordinance in its entirety: Public Notice The city council of the city of Medina has adopted Ordinance No. an ordinance amending sections of Chapter 7 of the code of ordinances regarding public and private utilities. The ordinance provides a comprehensive revision of the public and private utilities to bring them up to date with current standards. The full text of Ordinance No. is available from the city administrator -clerk at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the city of Medina that the city administrator -clerk keep a copy of the ordinance in his office at city hall for public inspection and that he post a full copy of the ordinance in a public place within the city. Dated: July 7, 2015. Bob Mitchell, Mayor Resolution No. 2015- July 7, 2015 ATTEST: Scott T. Johnson, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2015- 2 July 7, 2015 Agenda Item # 7A Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. RECOGNIZING JOHN VINCK FOR TEN YEARS OF SERVICE TO THE CITY OF MEDINA WHEREAS, John Vinck has been a valued full time City of Medina employee in the Police Department of the City since July 6, 2005; and and WHEREAS, John has served as a licensed peace officer at the City of Medina for 10 years; WHEREAS, John served two years as the Medina Police Reserve Coordinator; and WHEREAS, John has been one of the department's use of force instructors for the last eight years; and WHEREAS, John served as a member of the West Metro Drug Taskforce, (WMDT) for five years; and WHEREAS, John has planned and assembled the workout area for the new public works and police facility; and WHEREAS John brings a great attitude and work ethic to the job daily; and WHEREAS, John has received numerous thank you letters from residents and neighboring departments for his dedicated and professional service; and WHEREAS, the City of Medina expresses sincere gratitude for John'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 John Vinck for ten years of service to the community. Dated: July 7, 2015. Bob Mitchell, Mayor ATTEST: Scott T. Johnson, City Administrator -Clerk Resolution No. 2015 July 7, 2015 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: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2015 2 July 7, 2015 Agenda Item # 8A MEMORANDUM TO: Mayor Mitchell and City Council FROM: Ray McCoy, Medina Fire Consolidation Consultant DATE: July 1, 2015 SUBJ: Loretto Fire Department Auto -aid Change I had a conference call with Mayor Mitchell and Public Safety Director Ed Belland on June 29, 2015 regarding the auto -aid change that was made by Loretto Fire Chief Jeff Leuer on June 12, 2015. The change was discussed at the June 16, 2015 Medina City Council Work Session. At the meeting that was held with the four fire chiefs on June 23, 2015, Mayor Mitchell directed me to meet with the two fire chiefs and determine what occurred with the auto -aid change and what impact that will have on Medina Residents related to fire service. Below is an accurate account of the follow-up conference call discussion on June 29th: Q. What change did Chief Leuer make to Loretto FD procedures on June 12, 2015? A. He modified some "auto -aid" notifications for the Loretto Fire response area (including area in Medina) to include only Maple Plain FD. Hamel Fire Department was previously also on a "auto -aid" status for the area in the City of Medina. Q. What is auto -aid? A. There are basically three types of assistance that fire departments provide to other jurisdictions. 1 Auto -aid: this type of assistance is pre -planned and the department providing the assistance is dispatched to a list of pre -determined calls with pre -determined apparatus. For example, if a department does not have an aerial apparatus they may want to have a fire department started on an auto aid to a report of a structure fire. 2. Box Alarm: This is also a pre -planned assistance. Box alarm draws apparatus, personnel, and specific function for a particular area and type of call. Box alarms typically go up to 3-5 alarms. The higher the box alarm the more wide spread the assistance comes from. 3. Mutual Aid: This is where the Fire Incident commander calls for a specific department for specific request while on an active incident. There is also a legal document in place on how mutual aid is given and received. Technically the auto aid and box alarm assistance falls under the mutual aid agreements. Q. Why did Chief Leuer make those changes? A. Because as fire service areas grow and change there occur redundancies amongst FDs, more relevant equipment is available in other FDs and such changes make the system function better. The result is a more effective and efficient service level to customers and maximizes the cost-effective use of the fire department resources. Q. Were the changes Chief Leuer made on June 12, 2015 big changes or little changes? A. Little changes. Auto -aid, box alarms and mutual aid are important details. Mutual aid amongst departments has been and remains the most important factor. Loretto FD, Hamel FD, Long Lake FD and Maple Plain FD are an integral part of mutual aid, box alarms and auto aid to each other. All four departments are constantly reviewing their respective need for adjustment of auto -aid and box alarm structure. Q. Do James Van Eyll of Long Lake FD and Dave Eisinger of Maple Plain FD agree with the foregoing analysis? A. Yes. Q. Do the changes Chief Leuer made to Loretto FDs auto -aid notifications show a lack of confidence in Hamel FD? A. No, because the changes were minor; were made to reduce redundancy; insure the most relevant equipment was dispatched to fire calls; all to improve an effective and cost efficient fire service delivery system. Staff and consultants have investigated this issue fully. No further action is requested. 2 Agenda Item # 9A MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: June 30, 2015 MEETING: July 7, 2015 City Council SUBJ: Goddard School — PUD General Plan and Site Plan Review — 345 Clydesdale Trail Review Deadline Complete Application Received: May 8, 2015 Review Deadline: September 5, 2015 Summary of Request PJ Norman, LLC proposes to construct a 9,300 square foot early childhood facility at 345 Clydesdale Trail. The operators of the facility are Medina residents, who currently operate a Goddard School in Plymouth. The development would require the following land use approvals in order to permit the construction proposed by the applicant: 1) PUD General Plan — the subject site is part of the Clydesdale Marketplace PUD, and the proposed construction differs from that approved, requiring an amendment to the PUD. 2) Site Plan Review for construction of a new commercial building. Although this staff report will generally not examine the requests separately, the Site Plan Review is technically contingent upon amendment of the PUD. The subject site is a vacant commercial pad within the Medina Clydesdale Marketplace development. Highway 55 is located south of the site. Commercial uses surround the site, and the nearest residential property is Cherry Hill, over 450 feet to the north. The subject site is zoned Planned Unit Development (PUD). The standards of the PUD are attached for reference and will be summarized throughout this report. An aerial of the subject site and surrounding area is attached for reference. PUD/Site Plan Review Proposed Use The approved PUD identified a restaurant use on the subject site. A daycare facility is listed as a permitted conditional use within the underlying Urban Commercial (UC) zoning district. No property is currently zoned UC, and it only serves as the underlying district for this PUD. Approved PUD The approved PUD identified a 5,600 square foot restaurant with 85 parking spaces. The building was to be located close to the trail along Clydesdale and the shared access drive to the east. Parking was proposed to the south and west of the building. The proposed structure is 2/3 larger than the restaurant, but generally oriented similarly upon the lot. Goddard School Page 1 of 7 July 7, 2015 PUD General Plan/Site Plan Review City Council Meeting Setbacks/Lot Dimensions The following table summarizes the proposed construction compared to the requirements of the UC zoning district and the PUD standards, if applicable. The subject site was previously platted as depicted in the PUD, so the lot size, width, and depth are consistent. Urban Commercial Requirement PUD Requirement Proposed Minimum Front Yard Setback 50 feet Zero 15.8 feet Setback from Hwy 55 ROW 50 feet 80 feet Minimum Interior Yard Setback 10 feet 10 feet from shared access 20 feet from shared access Setback from Residential 75 feet 475 feet Minimum Parking Setbacks Front Yard Rear/Interior Side Yards Residential 25 feet 5 feet 75 feet 25 feet 5 feet 490 feet Maximum Impervious Surface 60% 75% 65% Building Materials The applicant proposes fiber cement panels with brick/stone accents. The roof is proposed to be pitched with asphalt shingles. The fiber cement panels are proposed with a stucco appearance to mimic the stucco on other buildings in the development. The PUD requires all materials to be durable and noncombustible. The PUD also requires 30% (and 35% of street facing) of the exterior to be brick, stone, stucco, and glass. Fiber cement panels are not explicitly permitted in the underlying zoning district or within the design guidelines of the PUD. The City could permit the material with an amendment to the PUD, if the Commission and Council find it is appropriate. The proposed structure is approximately 40% brick/stone/glass and 60% fiber cement board. The western elevation includes a bit more brick and the eastern elevation a bit more fiber cement board. Staff spoke with the Building Official, who did not have much experience with fiber cement panels in a commercial setting. The Planning Commission discussed and ultimately did not recommend against permitting the fiber cement materials. The City Council should discuss whether fiber cement panels are acceptable or if an alternative material should be utilized. Stucco was a common material on other buildings in the development. Building Modulation/Fenestration/Multi-sided Architecture General commercial zoning regulations would require a minimum of one aspect of modulation every 40 feet. The proposed structure provides modulation predominantly through changes in roof pitch. If this is an acceptable means of modulation, it would exceed the required number on all elevations. Goddard School Page 2 of 7 July 7, 2015 PUD General Plan/Site Plan Review City Council Meeting The PUD requires that substantial window/door coverage facing streets in the development to support a more pedestrian friendly appearance. The proposed structure includes approximately 35% of the frontage along Clydesdale as windows and doors. This appears similar to Wells Fargo, but less than the building to the east. The Planning Commission had recommended that the applicant review the northern fagade, and the applicant doubled the size of the windows along the north. The PUD requires structures to include four-sided architecture. The eastern elevation appears to provide less glass than the other sides, but does provide more horizontal modulation. The Planning Commission had comments primarily on the eastern fa9ade, but also the north. The applicant added a gable roof and a sign and increased the size of the windows on the northern fa9ade. The applicant also added four small windows to the eastern fa9ade. The Council can discuss if this is sufficient. Tree Preservation/Landscaping No significant trees are located on this site. The approved PUD plan identified 14 overstory and 5 ornamental trees in addition to a complement of shrubs. The applicant had originally proposed 12 trees but, following the Planning Commission's recommendation, amended their plans to be consistent with the approved PUD plan. Transportation The applicant proposes to utilize the planned curb cut on the west side of the lot as a primary access. The applicant also proposes an "exit only" on the southeast corner of the site which would connect to the parking lot to the east where Caribou Coffee is located. The approved PUD showed cross -access between these two properties. The applicant states that they want to prohibit traffic from the Caribou property from going through their parking lot out of safety concerns for children. Currently, the Caribou property only has one exit. The shared access drive between the sites is one-way to the south in order to serve the Caribou Coffee drive-thru. Staff believes this was approved under the assumption that the Caribou lot would also be permitted to exit to the west through the subject site. Staff supports discouraging the drive-thru traffic from Caribou from exiting through the Goddard site, although it appears possible to do this without prohibiting parking lot traffic as well. Even if the Council supports limiting access, it may be preferable to construct the full width in case of changes in use in the future. The access could remain signed as "exit only." The Planning Commission discussed and believed it would be best to construct a connection that would be wide enough to accommodate two-way traffic in the future, but did not have a strong opinion whether traffic should be restricted through signage. The City Engineer did not identify any necessary improvement for existing streets. Goddard School Page 3 of 7 July 7, 2015 PUD General Plan/Site Plan Review City Council Meeting Off -Street Parking The applicant proposes 41 parking spaces. City regulations do not include specific requirements for daycare facilities. The site will need enough parking for staff and parent drop-off/pick-up. The applicant operates a similar sized facility in Plymouth with 38 parking spaces, at which parking concerns have not been noted. Staff is aware of a similar sized facility in Corcoran with 30 spaces, which does appear to be under -parked. The applicant has stated that the maximum staffing on the site would be 21 at full capacity of 140 students. This would leave 20 spaces for pick-up/drop-off, meaning 1 out of 7 parents can be dropping off at once. The approved PUD identified 85 parking spaces for the restaurant on the site. Such a restaurant would likely have been 200 seats, requiring 67 parking spaces. Staff investigated whether it was likely that there was supposed to have been shared parking on this site. The property to the east appears adequately parked. The 60 seat coffee shop and 4000 square foot retail would require 36 parking spaces and are provided. A massive parking lot is also available across Clydesdale for infrequent larger events, so staff does not believe excess parking on the subject site is necessary. The City Engineer recommends that the drive aisle be 24 feet in width. Stormwater/LID The applicant proposes to discharge stormwater to the system installed to serve the development. The improvements do not meet current stormwater regulations, but the City's stormwater management ordinance permits a waiver when improvements are in place. The proposed development includes less impervious surface than was included on the original PUD and for which the stormwater system was designed. This reduction of hardcover would provide stormwater benefits above what was planned for the site. Wetlands/Floodplain There are no wetlands or floodplains on the subject site. Sewer/Water Utilities were stubbed to the site during the initial development. Staff recommends a condition that the applicant relocates the hydrant on the site in order to meet hydrant spacing requirements. The applicant has submitted information related to expected water usage at the facility. The Metropolitan Council's determination for the sake of their sewer availability charges is significantly higher than the applicant expects to use. The primary difference is likely that the applicant does not propose a full kitchen with dish washing, but rather to cater lunches in. Staff intends to charge City sewer and water fees on usage information provided, but with a caveat that the City can charge up to the full fee if actual usage is higher than projected. Loading Dock No loading dock is proposed. Any loading will occur from the parking lot. Goddard School Page 4 of 7 July 7, 2015 PUD General Plan/Site Plan Review City Council Meeting Utilities/Mechanical Equipment/Trash and Recycling The applicant proposes to place HVAC equipment on the roof within a pit below the top of the roofline. Staff recommends a condition that the applicant identifies the transformer location and provides screening details. The applicant proposes to store trash/recycling facility within an extension of the building on the eastern side of the structure. The PUD requires that all trash/recycling storage be located inside of the principal structure. The applicant proposes a storage area attached to the building which incorporates the same architectural design. This portion of the building is not accessible from inside the building and may appear to be appended to it. The Planning Commission and Council can discuss if this is consistent with the PUD requirement. Review Criteria/Staff Recommendation Staff recommends that the Planning Commission and City Council review the requests in the following order: 1) General Plan of Development for PUD Amendment; 2) Site Plan Review. Planned Unit Development The purpose of the PUD ordinance is described below, and provides guidance for when it is appropriate to establish a PUD district. It is important to note that the subject site is part of a broader PUD which was previously established, so deviations within a single site may have been mitigated by higher standards in another site and there may have been purposefully higher standards set for this site to fit into the overall PUD. As such, it may be helpful to not only compare any requested deviations to the general city requirements in addition to the approved PUD requirements. Staff has attached the objectives of the commercial land use from the Comprehensive Plan as well, as these are referenced in the PUD purpose. According to the PUD ordinance: "The PUD process, by allowing deviation from the strict provisions of this Code related to setbacks, lot area, width and depth, yards, and other development standards is intended to encourage: Subd. 1. Innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and placement of structures and by the conservation and more efficient use of land in such developments. Subd. 2. Higher standards of site and building design. Subd. 3. The preservation, enhancement, or restoration of desirable site characteristics such as high quality natural resources, wooded areas, wetlands, natural topography and geologic features and the prevention of soil erosion. Subd. 4. Innovative approaches to stormwater management and low -impact development practices which result in volume control and improvement to water quality beyond the standard requirements of the City. Subd. 5. Maintenance of open space in portions of the development site, preferably linked to surrounding open space areas, and also enhanced buffering from adjacent roadways and lower intensity uses. Subd. 6. A creative use of land and related physical development which allows a phased and orderly development and use pattern and more convenience in location and design of development and service facilities. Goddard School Page 5 of 7 July 7, 2015 PUD General Plan/Site Plan Review City Council Meeting Subd. 7. An efficient use of land resulting in smaller networks of utilities and streets thereby lower development costs and public investments. Subd. 8. A development pattern that effectuates the objectives of the Medina Comprehensive Plan. (PUD is not intended as a means to vary applicable planning and zoning principles.) Subd. 9. A more desirable and creative environment than might be possible through the strict application on zoning and subdivision regulations of the City." Site Plan Review The purpose of a Site Plan Review, as described in Section 825.55, is to review proposed construction for consistency with City regulations. The City "may condition its approval in any manner it deems reasonably necessary in order to promote public health, safety or welfare, to achieve compliance with this ordinance, or to accomplish the purposes of the district in which the property is located." Planning Commission Recommendation The Planning Commission held a public hearing on the matter at their June 9 meeting. No one appeared to provide public comment. The Planning Commission's primary discussion surrounded necessary improvements to the eastern fagade and also whether there was support for the proposed narrow, one-way access to the southeast to Caribou. The Commission also requested increased landscaping and perhaps additional architectural features on the north fa9ade. The Commission asked a number of questions related to the fiber cement panels, and decided it would be acceptable in this case because of the more residential feel of the structure and also because it would be more durable than regular stucco for the daily use of a daycare (being struck with soccer balls, etc.). There were also a number of Commissioners who expressed disappointment that the property would not be a restaurant as planned, but they did not see it as reason enough to deny the PUD amendment. The applicant updated the architectural and landscaping plan following Planning Commission review in an attempt to address the Commissions comments. Following review, the Planning Commission unanimously recommended approval of the General Plan of Development to amend the PUD and the Site Plan Review, subject to the following conditions: 1) The Medina Clydesdale Marketplace PUD is hereby amended to permit a child care facility as a permitted use upon the subject property and to approve the site layout and development as depicted on the plans received by the City on 5/28/2015 and 6/28/2015, except as modified herein. 2) The applicant shall construct the improvements as displayed on the plans received by the City on 5/28/2015, except as modified herein. 3) Exterior materials and colors shall complement those throughout Medina Clydesdale Marketplace. Goddard School Page 6 of 7 July 7, 2015 PUD General Plan/Site Plan Review City Council Meeting 4) The eastern facade shall incorporate additional architectural details to be consistent with the four-sided architectural requirement of the PUD. 5) The southeast access drive shall be widened to allow for the potential of future two-way traffic. 6) The applicant shall identify the transformer location and provide screening details acceptable to staff. 7) The applicant shall meet the recommendations of the City Engineer, and shall update the location of the relocated hydrant to a location specified by staff in order to meet spacing requirements. 8) The applicant shall obtain all necessary permits and approvals, including but not limited to Elm Creek Watershed, the Minnesota Department of Health, and other relevant agencies. 9) The applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the site plan and other relevant documents. Attachments 1) List of documents submitted 2) Draft Minutes from June 9, 2015 Planning Commission Meeting 3) Comp Plan objectives for Commercial property 4) Medina Clydesdale Marketplace PUD information 5) City Engineer Comments 6) Applicant Narrative 7) Fence/Playground Specs 8) Plans received by the City 5/28/2015 and 6/28/2015 Goddard School Page 7 of 7 July 7, 2015 PUD General Plan/Site Plan Review City Council Meeting Project: LR-15-161— Goddard PUD General Plan and Site Plan Review The following documents constitute the complete record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant: Document Received Date Document Date # of pages Electronic Paper Copy? Notes Application 5/8/2015 5/8/2015 3 Application Y Amended 5/22/2015 Fee 5/8/2015 5/8/2015 1 Fee Y $5000 Mailing Labels 5/8/2015 5/8/2015 5 Labels Y Narrative 5/8/2015 5/8/2015 2 Narrative Y Narrative — Updated 5/28/2015 Narrative — 5-28-2015 Y Plan Set 5/8/2015 5/8/2015 9 Plans Y Arch plans dated 5/6/2015 Plan Set — Updated 5/28/2015 5/28/2015 11 Plans-5-28-2015 Y Civil dated 5/27/2015 Landscape Plan — Updated 6/5/2015 5/28/2015 1 Landscaping Plan — 6-5-2015 N Updated Plans 6/27/2015 6/26/2015 3 Plans-6-29-2015 N Updated Al, A2, L1 Updated Al 6/29/2015 6/29/2015 1 Plans-6-29-2015 N Updated Al only Updated Full Plan Set 6/29/2015 Various 12 CompleteUpdated-6-29-2015 N Incorporates all updates Lighting specs 5/8/2015 4 Lighting Specs Y Fence Details 5/8/2015 1 Fence Details Y Playground Details 5/8/2015 2 Playground Y Fiber Cement Specs 6/5/2015 23 Fiber Cement Specs N Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Engineering Comments 5/20/2015 1 EngComments — 5-20-2015 Legal Notice 5/29/2015 Planning Commission report 6/4/2015 6 Goddard Report-06-09-2015PC 46 pages with attachments and plans Engineering Comments 6/5/2015 2 EngComments — 06-05-2015 Public Comments Document Date # of pages Electronic Planning Commission minutes 6-9-2015 5 Medina Planning Commission Excerpt from DRAFT 6-9-2015 Meeting Minutes PJ Norman, LLC — 345 Clydesdale Trail — Planned Unit Development General Plan and Site Plan Review for Construction of an Approximately 9,000 Square Foot Goddard School Finke presented a request for the commercial development of a 9,300 square foot early childhood center by Goddard School. He stated that the request includes two land use approvals, an amendment to the existing PUD and a Site Plan review. He stated that the property is zoned PUD, noting that the original PUD had planned for a 5,600 square foot restaurant on this lot with parking. He stated that this building is larger and orientated similarly but would have substantially less parking and therefore would actually have less hardcover than the original plan for the restaurant. He stated that there would be more greenspace around the building, which would be play space for the children. He reviewed the proposed one-way access, which would be different than the shared access specified by the PUD. He reviewed the building material and architecture proposed and compared those to the requirements of the PUD. He reviewed the proposed landscaping. He reviewed the proposed access and stated that the applicant has concern with encouraging additional traffic to come through the site because of the children. He reviewed the proposed parking and stated that although there are not specific regulations for this type of use, staff did review similar facilities and believe the proposed parking to be sufficient. He stated that staff did review the other existing locations to ensure that the parking for this site was not needed in order to share with those sites. He stated that the storm water management aspects have already been met through the PUD, noting that this use would have less hardcover than the originally proposed use. He stated that staff recommends approval subject to the conditions noted in the staff report. Williams referenced the area of storm water and questioned what the site could do, other than changing the existing system, to add value. Finke stated that treatment could occur on site prior to discharge to the existing system. Williams stated that his concern is that the City has new storm water regulations but continues to grandfather parcels in under the old regulations. He stated that at some point the City needs to implement the rules. Finke stated that the waiver is in place to allow this type of activity as these types of plans had already been approved. He stated that in this case there would be more opportunity because of the reduced hardcover but noted that the additional greenspace would be used as play space. He stated that the reduced parking and increased greenspace could be seen as an improvement and could be quantified. Williams questioned if it would be difficult to include a rain garden and whether there would be an appropriate location. Finke stated that there would be available space but was not sure how that would work with the site layout and piping. Albers referenced the traffic flow and questioned the original design for the restaurant, noting that the Caribou drive-thru limited that action. He questioned if there was an alternative traffic flow that would not use the Caribou parking lot. Finke stated that staff does not have any concern with the internal flow of this lot as proposed. He stated that staff does not want to encourage internal traffic through to that site, noting that the property to the east is the one of concern. 1 Medina Planning Commission Excerpt from DRAFT 6-9-2015 Meeting Minutes Albers noticed that traffic for this site could come in and out through Clydesdale and therefore is less concerned. Finke stated that the applicant preferred to have no tie in to the Caribou site but staff recommended a minimal connection for emergency purposes. He stated that traffic from the east will be discouraged. Williams noted that additional signage could be posted as well to direct and/or limit traffic. White stated that she is confused about that issue as she feels that the drive-thru and the street to the right of the drive-thru is already dangerous. She noted that the parking gets tight in front of the Caribou site and envisioned people dropping their kids off and instead of exiting to Clydesdale choosing that curb cut instead. Finke stated that the applicant is proposing that access be shrunken to one lane. Williams stated that blocking that completely would eliminate that concern. Finke noted that the Caribou drive-thru is already a mess and stated that although that is not the fault of the applicant, staff wants to ensure that this does not add to that problem. He did not believe that the proposal would add to problem Caribou has with their drive-thru. Reid stated that her assumption would be that when this PUD was designed, the restaurant would have been the centerpiece of the development. She questioned if there would be any other place for a restaurant or whether this would be the last pad ready location. Finke stated that there would only be one more pad available for development in this PUD. Reid stated that the land has been available for a while and has not been turned into a restaurant. She stated that the school would be a good thing but was sad to see that there would not be a restaurant. Williams agreed that the PUD included retail shopping and this would be a departure from that. Albers noted that there is a need for this type of use in Medina, as there were not many options for childcare when his family moved to the City. Reid opened the public hearing at 7:57 p.m. Aaron Amic, Medina resident, stated that he is present in representation of Goddard School. He stated that his wife and mother in-law opened and have run the existing location in Plymouth since 2007, noting that he joined his wife when his mother in-law retired. He stated that the Plymouth site is full and is landlocked which does not allow expansion. He stated that the next best option would be to expand in another area and they believed Medina would be a good fit. He stated that they have had their eye on this site for a while as it has remained vacant. White questioned if the capacity of students is seasonal or whether that remains constant. Amic stated that while the students drop slightly in the summer, for the most part it does remain constant as most families choose to stay with the school through the summer Williams questioned the age range of children. 2 Medina Planning Commission Excerpt from DRAFT 6-9-2015 Meeting Minutes Amic stated that they work with children aged 6 weeks to six years, noting that they do not provide kindergarten but do provide pre-K education. Williams questioned the peak hours for traffic. Amic stated that the plan would be to mirror the Plymouth location, which opens at 7:00 a.m., noting that the busiest drop off times are between 7:00 and 9:00 a.m. He stated that pickup time is a little more spread out, starting around noon for half day students and then busier between 3:00 to 6:00 p.m. Williams referenced the fencing around the building. Amic stated that Goddard is a national program and requires a six-foot fence unless not allowed by City standards. He stated that they do not have a six-foot fence in Plymouth but are in a very secluded area and therefore that has not been a concern at that location. He stated that this site is more public and he would worry about the safety of the children if only a four -foot fence was used. He stated that he would prefer the larger six-foot barrier. Reid asked for additional information regarding the requested number of parking stalls. Amic stated that there will be slightly more children here than the Plymouth location but believed that the parking would be sufficient for the staff and parents. Reid stated that perhaps the teachers could park in the Caribou area. Amic stated that while he did not think the business would mind on occasion he was unsure that Caribou would like the school to do that on a regular basis. Finke confirmed that the parking is shared through the PUD and noted that there is a lot of excess parking near Target. Amic stated that he would like to be a good neighbor and would not want to make teachers walk a lengthy distance in the winter. Reid referenced the choice of siding materials and asked for additional information. Bob Timperly, Watson -Forsberg Construction Company, stated that he was involved in the construction of the Plymouth site as well, noting that this would be a similar construction. He stated that the siding choice was made by group decision as the school is being asked to conform to the standards of the PUD. He stated that they would need a more durable material for the school building, which is why this material was chosen. He provided an example and additional description of the material to the Commission. Albers questioned, and received confirmation that, the play area would include play equipment and grass area. Williams referenced storm water management and asked for additional information regarding the viability of installing a rain garden or another element that would treat some of the water onsite. Timperly stated that he is not a civil engineer but reinforced the comment made by Finke that it would be awkward to place the rain garden as the water would not slope towards an available area and would have to be piped into that area. 3 Medina Planning Commission Excerpt from DRAFT 6-9-2015 Meeting Minutes Reid referenced the trash and recycling location, which will be located outside the building but will look like it's inside the building. Amic explained the purpose of that location. He stated that they originally would have liked to place the trash further away from the building but had been told that would not be an option. He stated that this is the only location that would not interfere with the play area or flow of traffic/parking. He stated that the outdoor trash is for sanitary purposes. Reid referenced the landscaping and noted that it appears there is more room for landscaping on the east side of the building. Amic agreed and stated that they are working with staff on that element as they are very open to placing more trees or shrubbery in that area. Reid referenced the fa9ade on the east side of the building, which is treated as the back but in reality that looks into the rest of the development. She realized that people would not be coming into the site from that side but suggested that perhaps some additional modulation could be added. Amic stated that is the gymnasium and that is why the number of windows are reduced on that side. He agreed that additional windows could be added in a strategic way in order to account for the needed design of the preschool rooms. He stated that additional windows also add distraction and sun in the afternoons. Reid closed the public hearing at 8:17 p.m. Reid confirmed that the Commissioners did not oppose changing the proposed use from restaurant to school or with the materials proposed. She referenced the issue of modulation and stated that she does have an issue with the east side, noting that she would like to see more windows and additional landscaping. White agreed that the east side does need something, although she did not want to limit that aspect to windows. Albers also agreed, noting that adding trees and shrubs could add to that view. Williams stated that an additional condition could be added specifying that something be done to the east side, whether that is with modulation, windows or additional landscaping. Albers questioned if a Goddard School sign could be placed, or was considered, on that side of the building as well. Amic stated that was considered. Finke stated that the PUD limits signage to three sides. Albers questioned, and received confirmation, that the signs would not be lit. Williams stated that if the concern is that it looks like the back of the building, additional windows will not change that but believed that a sign would. He stated that modulation could be added to make it more interesting and landscaping could be added as well. 4 Medina Planning Commission Excerpt from DRAFT 6-9-2015 Meeting Minutes Reid questioned the orientation of the restaurant for the site. Finke stated that the orientation would have been the same. Reid referenced landscaping, noting the consensus of the Commission that additional landscaping be added, specifically to the east side. She referenced the Caribou access and parking issue. Williams stated that he did not think that people would want to go out the same way they came in. Albers stated that people would also come from 101 and go through the Target parking lot. He did not see as much of a concern and believed the traffic would go out to Clydesdale. White questioned if people park and walk their children into the building. Amic confirmed that people do walk their children into the school. He stated that after observing the Caribou situation they decided they want to stay as far away from that as possible. He stated that the curb cut was proposed for emergency purposes and noted that the plan is to place a double do not enter/do not exit sign at the location to deter people from traveling between the sites. Finke stated that the main access is on the west side and traffic would normally exit to the north. Amic stated that between 7:00 and 9:00 a.m. the average is one child per minute for drop offs. He stated that the total time for the drop off process is about three to seven minutes. Reid stated that she would prefer to keep the road wider for the long-term use of the building. Williams questioned if that could be widened in the future should a new use come in. Finke explained that this is not a public road and if additional flexibility is desired that should be expressed at this time. Williams stated that theory behind the one lane would be that traffic would be less likely to go through that area. He questioned the enforceability of the do not enter/do not exit signage. Finke stated that would not be enforceable. Amic stated that would be enforceable to their clients. Finke explained the usual traffic pattern that people would follow. Reid confirmed the consensus of the Commission to make the access to Caribou a little wider with signage. She also confirmed the consensus of the Commission to allow the storm water waiver. Motion by Williams, seconded by Albers, to recommend approval of the General Plan of Development to amend the PUD and the Site Plan Review subject to the conditions suggested in the staff report with the following additions, the landscaping plan be modified to conform to the City standards, that the east elevation have additional architectural details added to improve the appearance of the right third, and that the southeast access be widened to accommodate two lanes of traffic. Motion approved unanimously. (Absent: Foote, Murrin and Nolan) 5 Commercial Uses The previous objectives outlined referred to urban land uses with a residential component. The following objectives refer to commercial and industrial land uses that are connected to or planned for urban services. The Urban Commercial area is along the TH 55 corridor and will support businesses to benefit the residential areas to the north and south and commuters who travel on TH 55. Businesses will provide a variety of retail products and services mixed with light industrial/warehouses and smaller offices. Objectives: 1. Provide convenient and attractive shopping and services to meet the needs of City residents. 2. Avoid multiple access points to collector and arterial roads. 3. Encourage businesses that benefit the local community by providing employment opportunities offering convenience goods and services, utilizing high quality design, and having limited impact on public services. 4. Require commercial activities that serve the broader metropolitan market to have access to a regional highway or frontage road. 5. Regulate the impact of commercial development along the border between commercially and residentially guided areas to ensure that commercial property has a minimal impact on residential areas. 6. Regulate construction to ensure high quality, energy and resource efficient buildings and to promote such Green Building standards as LEED Certifications or the State of Minnesota Sustainable Building Guidelines: Buildings, Benchmarks and Beyond (B-3) standards. 7. Encourage construction that enhances the visual appeal of TH 55 corridor. 8. Create or update standards that promote a more rural appearance, or create campus style developments that protect ecologically significant areas and natural features. 9. Require frontage roads that do not directly access TH 55 corridor. 10. Require developments to provide frontage roads as shown conceptually in the transportation plan. 11. Require conditional use permits for manufacturing, processing, cleaning, storage, maintenance and testing of goods and products in order to prevent adverse affects to the City and its residents. 12. Use the site plan review process to ensure that commercial and industrial uses are compatible with neighboring future and existing uses, and with the adjoining public streets and highways. PUD's may be used to help accomplish this policy. Chapter 5 - Land Use & Growth Amended May 21, 2013 (CPA2030-4) G , T Y O MEDINA Page 5- 17 Member Weir introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2005-55 APPROVING PLANNED UNIT DEVELOPMENT FINAL PLAN FOR RYAN COMPANIES FOR MEDINA CLYDESDALE MARKETPLACE ON PROPERTY GENERALLY LOCATED NORTHWEST OF STATE HIGHWAY 55 AND COUNTY STATE AID HIGHWAY 101 WHEREAS, Ryan Companies US, Inc., (the "Applicant") has requested approval of a PUD (Planned Unit Development) for a retail project to be known as Medina Clydesdale Marketplace (the "Development") on property legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, the PUD plan has previously been reviewed by the city council of the city of Medina (the "City"); and WHEREAS, the Applicant has now requested approval of the final plan for the PUD, which final plan has been reviewed by the City for conformance with the land use regulations of the City. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA, that it should and hereby does approve the PUD final plan for the Applicant for Medina Clydesdale Marketplace, subject to the following conditions: 1. A PUD final plan is approved to allow the creation of the Development in accordance with the plans received by the City on September 9, 2005, except as amended by this resolution and stamped final approval by the City. The final PUD plan applies to the Property. 2. Approval of the PUD final plan is contingent upon completion of the rezoning of the Property from UC (Urban Commercial) to PUD-UC (Planned Unit Development- Urban Commercial). 3. Approval of the PUD final plan is contingent upon City approval of the final plat of Medina Clydesdale Marketplace. 4. A development agreement acceptable in form and substance to the City must be executed by the Applicant and the City and must be filed with the County at the time of final plat. The terms and conditions of the development agreement are incorporated herein. Terms used herein are given the same meaning as in the development agreement unless otherwise defined herein. Resolution No. 2005-55 September 20, 2005 5. The only drive -through use permitted within the Development shall be for the proposed bank located on Lot 3, Block 1. No other drive -through use shall be allowed. 6. The Applicant must submit a complete wetland application identifying wetland impacts and impact mitigation. 7. The Applicant must secure agreements with the appropriate parties to utilize the parking spaces proposed on the existing Clydesdale Trail right-of-way or the Applicant shall submit a replat of the Target property consistent with the original plat as depicted on Exhibit K of the development agreement to establish an alternate alignment for Clydesdale Trail around the Valvoline site. 8. Restaurants which include table service are a permitted use within the Development. Restaurants must utilize air filtration systems to eliminate odors. The air filtration systems shall be shown and included in the plans. 9. Coffee shops which include counter service are a permitted use within the Development. 10. The City's lighting ordinance, including curfew limitations, applies to parking lot lights within the Development except for security lights for employees. 11. No construction work of any kind may take place within the Development except Monday through Friday, 7:00 a.m. to 7:00 p.m., and Saturday 8:00 a.m. to 4:00 p.m. 12. Separate permits for site grading and utility construction shall be required if the utility construction is part of the Subdivision Improvements as specified in the development agreement. 13. Construction traffic will not be allowed on local roads and must utilize specific haul routes approved by the City. 14. All lots within Medina Clydesdale Marketplace are subject to the PUD final plan. Development of any of the lots within Medina Clydesdale Marketplace, except the Target lot, shall also require additional site plan approval in accordance with the City's site plan ordinance before construction of any improvements thereon. 15. Any change in use on any of the lots within Medina Clydesdale Marketplace from that which the Developer has previously proposed shall require an amendment to the PUD final plan. The following conditions be met prior to issuance of grading permits: Resolution No. 2005-55 September 20, 2005 2 16. All Development plans must be revised to comply with all conditions in the city engineer's memos dated August 15, 2005, August 25, 2005 and August 26, 2005. 17. All Development plans shall meet the conditions of the Minnesota Pollution Control Agency's memos dated May 13, 2005, June 2, 2005 and July 1, 2005. 18. The site shall be subject to an Operation and Easement Agreement in form and substance acceptable to the City and which must be recorded with Hennepin County. 19. The Applicant shall provide to the City a digital copy of the approved Development plans. 20. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the plan and related documents. 21. Any retaining walls that exceed four feet in height must include additional design to be reviewed and approved by the city engineer. 22. The Development plans shall be revised to remove the trail segment between Clydesdale Trail and Outlot B. 23. The Development plans shall be revised to dimension the required wetland buffer setbacks of ten feet. The wetland buffer shall consist of a natural area and shall not be mowed, fertilized or altered in any way without prior approval from the City. 24. All Development plans are subject to the review and approval by the Elm Creek Watershed District. The Applicant shall comply with all conditions of approval from the watershed district. 25. The manholes within the Development, except for numbers 6, 7 and 8, shall be located within the boulevard. 26. The Applicant must submit a revised drainage plan for the well house and driveway area. 27. The Applicant must apply for and receive a drainage permit from MnDOT for the Site Improvements and the Subdivision Improvements. 28. Wetland mitigation and plans shall be approved by City staff. The following condition be met prior to issuance of any utility permits for the Subdivision Improvements: Resolution No. 2005-55 September 20, 2005 3 29. The plans shall be revised to meet the recommendations of the Fire Marshall in the memo dated August 17, 2005. The following conditions be met prior to issuance of building permits: 30. The Developer shall submit all plans and specifications and other information required as a precondition to an agreement between the City and MnDOT regarding the new signal at Trunk Highway 55 and Clydesdale Trail. The Developer also agrees to pay $23,400 for the cost of MnDOT supplied materials for which MnDOT will require reimbursement. 31. The Applicant shall pay all park dedication fees and sanitary sewer and water connection charges, on a lot -by -lot basis, prior to issuance of building permits. All fees shall be paid according to the fee structure specified in the development agreement. 32. Park Dedication fees for Lot 1, Block 3; Lot 2, Block 3; and Outlot C, Medina Clydesdale Marketplace, must be paid upon development of the Property, a change in use of the property, or an amendment to the PUD final plan. Park Dedication fees for these parcels will be those in effect at that time. Architectural and Design standards 33. The Applicant must submit a development guideline for the entire Development in a three-ring binder for use by future developers within the project area. No revisions of the development guideline shall be permitted without the approval of the City staff. 34. The development guideline must require use of only such building materials as permitted by the City code of ordinances. 35. No building within the Development may exceed 35 feet in height if sprinkled or 30 feet in height if not sprinkled. 36. The Developer must submit a sight line study regarding the views of the Target rooftop mechanical equipment from the perspectives required by City staff. Rooftop equipment must be screened in accordance with a screening plan approved by City staff. 37. The materials utilized for the drive through on the bank site shall be the same materials as used the remainder of the principal building on that site. 38. The four stand-alone buildings shall consist of four-sided architecture and shall be of similar architectural quality and materials as the Target building and in -line retail space. Resolution No. 2005-55 September 20, 2005 4 39. Wing wall details for the west wall of the Target building shall be submitted for staff review and approval. 40. All trash and recycling enclosures must be located inside the principal buildings. Streets, Parking and Access 41. The Development is subject to the review and approval by Hennepin County, including but not limited to the August 31, 2005 memo. The Applicant shall comply with any conditions of approval by the County. 42. The Development is subject to the review and approval by MnDOT, including but not limited to the permits dated September 1, 2005, and September 15, 2005 The Applicant shall comply with any conditions of approval from MnDOT. Landscaping 43. The Applicant must revise the landscaping plan to replace the Greenspire Littleleaf Linden, with a Redmond Linden, the Fallgold Ash street tree with a Common Hackberry and the Amur Maple with a Serviceberry, or Redbud (northern clump- Minnesota strain). 44. The Applicant must revise the tree preservation plan to meet City requirements. The following condition be met prior to issuance of certificate of occupancy: 45. The Applicant must receive a No Action determination from the Minnesota Pollution Control Agency for the Development on its behalf and that of the City prior to receiving certificates of occupancy from the City for any buildings within the Development. The City will not accept any Subdivision Improvements until this determination has been received. The following conditions be met prior to issuance of signage permits: 46. All signs shall be in compliance with the signage plan received by the City on June 20, 2005. Any revisions must be approved by City staff. 47. The Development plans shall be revised so that the marked crosswalk areas are signed. 48. The Development plans shall be revised to identify that the handicap signs state $200 fine. Resolution No. 2005-55 September 20, 2005 5 Dated: September 20, 2005 Bruce D. Workman, Mayor Attest: Chad M. Adams, City Administrator - Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Cavanaugh upon vote being taken thereon, the following voted in favor thereof: Brinkman, Weir, Workman, Cavanaugh, Smith And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2005-55 September 20, 2005 6 Overview As a gateway to the City of Medina this development blends retail and hospitality uses. The project maintains some features of the natural site and seeks to create new, attractive design and landscape features that will complement the City of Medina. • Nature o Color palette drawn from the Autumn season. o Provide opportunities for walking paths. throughout the site. o Create places to relax and gather. o Utilize wetlands and stormwater as an amenity with ponds and water features. • Preservation o Maintain some of the significant trees and wetland area. • Community o Provide a pedestrian scale development that reinforces a downtown "commercial node" experience. o Create a hierarchy of spaces for commuters and shoppers, and residents that slows the pace of traffic and experience as you travel through the site. RYAN Clydesdale Marketplace rviwenc �esaina aaxexronsn•�e Development Guidelines Development Guidelines Introduction This retail development in Medina, MN is proposed by Ryan Companies US, Inc. This document is created to help direct design solutions and define character for this project. It is also intended to provide concepts for future development. Purpose The primary purpose of Development Guidelines is to set basic parameters, describe preferences and illustrate design intent. These guidelines serve as a framework within which creative design can and should occur. There is no one prescribed solution, but many options that can meet the basic requirements and intent of this document. Application The format and content of these guidelines are specifically tailored for use as a reference workbook for both the retail center and outlot development. It outlines issues and recommendations that apply to the entire project area as well as highlights specific guidelines that apply to each parcel. Implied Responsibility All participants in the development of this project area must recognize the local and community impacts of this project and the various systems that play an important role. Each building must fit within the context of the entire plan. Individual projects must complement, not compete with, adjacent development in terms of public space, walk and trail connections, stormwater management solutions, street layout, parking strategies, land use mix and building design. Overall Guidelines There are a number of guidelines that apply to the entire project including recommendations for stormwater management, streets, land use, parking, and other development components. Many of these overall project guidelines overlap, or are integrated with one another. For ease of discussion they are categorized according to a list of layers, similar to those on a master plan map: • Context — local, city, regional. • Water Management — surface water features, stormwater management. • Green Structure — trails and open space. • Land Use Mix — preferred uses, horizontal mixed use. • Streets and Blocks — access and circulation. • Architecture — built form, character of development. • Parking Strategies — quantity, location, type. • Transit — automobile, bus, other options. The proposed and future design solutions for development within the project area, must demonstrate an understanding of the interplay between these layers. RYANClydesdale Marketplace Development Guidelines 2 rviwenc �esaina aaxexronsn•�e Context Although unique to Medina, the project is not intended to be a stand alone district within the City; instead, will be a part of, and connect with a variety of local, city-wide and regional systems. Guideline Recommendations To ensure that the Project takes full advantage of local and regional systems, development should: • Provide safe, easily recognized connections to city, and county trail corridors. • Make provisions for city and regional transit service and amenities and encourage their use. • Integrate with and complement the existing (and future) street framework. • Become an integral part of the city and county drainage/ stormwater management plan. rarevvood To Meander Dr A a a Rolling Gfe e n Country Club Commanc h. Tr/ Ridgeview Circe s►nopleart PPP Examples Open space will be easily accessible to all residents and people who work or visit the area. • Bikeways and pedestrian routes in the project must be designed for safety and ease of access. • Overall project design (and all future development within the project area) should accommodate stormwater within each new project, and highlight stormwater as an amenity. RYANClydesdale Marketplace Development Guidelines 3 rviwenc �esaina aaxexronsn•�e Water Management Water features and drainage systems are essential components of the project. The potential mix of ponds, wetlands, fountains will provide focal amenities within the framework of an environmentally responsible, visually pleasing strategy to manage stormwater. Water elements are not intended to be separate stand alone features, but instead should be integrated with the variety of green spaces, trails, public open space, and gathering areas. Guideline Recommendations Water Management guidelines not only define the overall role and character of public space, but also encourage each development parcel to address the following: s� rIY1� . i i • Create signature water features (ponds, fountains, wetlands, etc.) as major visual amenities. • Promote high quality, creative and appealing aesthetics for all components of the water systems. • Integrate stormwater management components (meeting both water quality and quantity requirements). Example Integration of water and landscape, design creativity, use of quality materials and safety concerns are the critical objectives to be met. Water feature design should include both natural and informal forms (such as ponds) and should explore creative ways to integrate wetland/ rain garden landscapes with active urban spaces. �YA� Clydesdale Marketplace Development Guidelines 4 rviwenc �esaina aaxexronsn•�e Green Structure The overall design framework of the project creates a system of links between open spaces and wetlands via pedestrian trails. Of equal importance is the contribution from each use and each element of the development to this network of connections and green space throughout the project. Guideline Recommendations Green Structure guidelines encourage the following: • Work with the City to create an integrated system that links with existing city and county trails and open space networks. • Encourage the development of inviting, innovative and usable green space as integral parts of overall development. • Integrate stormwater management components (meeting water quality and quantity requirements) within the development. Together, the system of public and semi-public green space will result in a welcoming public realm throughout the new development. Examples Based on the Concept Plan for the project, a variety of green spaces is proposed including: • Elements such as green areas, plazas, and seating areas characterize a pedestrian - oriented environment. • Green space should connect with other open space elements, providing a focal point for activity and a sense of place. RYANClydesdale Marketplace Development Guidelines 5 rviwenc �esaina aaxexronsn•�e Land Use Mix The Concept Plan identifies the proposed mix and the approximate location of the various land use types for the project. Together with the Zoning Code, these guidelines focus on the following overall objectives: • Promote an interesting mix of building styles, scales and massing over the different parts of the project. • Support creative, innovative, high -quality design solutions as the benchmark for success. • Integrate pedestrian connections through out the project. • Provide a variety of commercial types of development. Examples • Buffer and transition different parcels by use of landscape features. • Create areas for large-scale, auto -related uses, separate from smaller scale formats to provide varied user experiences. • Utilize the existing topography and landscape features to the best extent possible. • Uses shall promote pedestrian friendly streets, and configurations to control vehicular traffic. RYANClydesdale Marketplace Development Guidelines 6 rviwenc �esaina aaxexronsn•�e Streets & Blocks The Concept Plan defines a specific strategy for the layout of the retail center and the outlets. The size, type and configuration of this street hierarchy is based on a combination of projected traffic volume, existing and future road connections, level of service at intersections, adjacent land use and desired aesthetic character. The project encourages a mix of large and small floor plates, accommodating auto -oriented uses. This suggests even greater attention be paid to public realm and streetscape improvements that not only accommodate vehicles, but also invite bicycle and pedestrian traffic. Surface parking areas provided through out the project with convenient access to storefronts, but present an additional challenge to the overall visual character and aesthetic appeal of this area. While green space is identified in the project, focus on gathering spaces and wide sidewalks are necessary. A consistent and attractive streetscape is also essential. Public realm and streetscape guidelines include the following. Public Realm Public Spaces should: • Focus on pedestrian connections and small gathering areas. • Encourage a balance of hardscape with landscape; a mix of pavements with plantings. • Provide small urban plaza integrated with building entries or taking advantage of shared space between buildings and outlots. • Promote safety and security in all design solutions, including landscape lighting, views into the site and accessibility. • Provide seasonal interest and color; promote quality materials and finishes. Streetscape Entrances to the project must balance a high level of service for the automobile with attractive and inviting amenities for the pedestrian including: • Provide gracious sidewalk width to invite pedestrian traffic. • Install street trees within tree grates in sidewalks and pedestrian plazas to frame and provide shade. • Provide street lighting that meets all safety standards and design criteria, while maintain the unique character for the project. • Provide bollards for pedestrian safety and building security, where appropriate at street corners, building entries, and other sensitive locations. Lighting may be integrated in to the street corner bollards to provide additional safety and as a night time visual element. RYANClydesdale Marketplace Development Guidelines 7 rviwenc �esaina aaxexronsn•�e Architecture Buildings make a significant contribution to the first impression of the project. Buildings form gateways at the major entries into the site, architectural elements and choice of materials convey a certain character and the scale or massing of structures begins to define the feel or experience of this place. The overall design and specific details of the buildings should make the project unique, inviting and memorable. Architecture guidelines include the following: Building Design, Character and Expression • Provide a variety of building types and styles expressed both in large scale (overall building) and small scale (design details). • Promote interesting, animated architectural features without being thematic or artificial — faux decorative elements are discouraged. • Promote 4-sided architecture at the outlot avoiding large, unarticulated side and rear elevations. • Emphasize important nodes by placing distinctive architectural elements or interesting facades at these prominent locations. Scale, Proportion and Building Height • Provide a variety of building heights, perhaps related to changes in use or at demising walls — retail buildings should express 12 to 14 foot floor heights. • Articulate front facades with projections and recesses. Street Presence • Emphasize pedestrian experience with architectural features at street level — canopies, material details, decorative light fixtures. • Encourage a variety of color, texture and materials to complement other streetscape elements and buildings within the project. • Conceal service entries, loading facilities and mechanical services from view. Windows and Doors • Optimize glass openings for ground level front facades in the village. • Provided recessed entries. • Use lightly tinted glass for all windows and doors where reasonable — mirrored, reflective glass or highly tinted glazing is not allowed. Materials • Provide a diverse mix of materials, applied in a variety of proportions, exposures, and detailing within a block or along a street. • Encourage durable, high -quality materials — local sources if available. • Main building facade and the sides facing internal streets shall use a minimum of 35% Class I building materials. RYAN Clydesdale Marketplace rviwenc �esaina aaxexronsn•�e Development Guidelines 8 Architecture Guideline Recommendations Of all the layers that combine to form the project Concept Plan, architecture will typically be the most prominent component. Both visually and physically, architecture plays a major role in defining the overall design character and mix of uses. It is crucial that the design and location of buildings address these architectural guidelines with specific emphasis on the following: • Promote a variety of building types, including a range of height, scale and proportion, that supports an integrated mix of shopping destinations, food venues, service businesses, and other proposed uses. • Provisions for handicapped accessible facilities shall be provided as required by Minnesota state law. • Exterior materials and finishes shall be durable, non-combustible, and should convey a sense of consistency between adjacent buildings. All sides of buildings that face streets and driveways should have the same level of architectural detail. Material changes should not occur at interior or reverse corners or external corners. The exterior finish of buildings should be shall have at least 30% of the following materials: • brick • natural stone • granite • glass • metal panels • specialty concrete • opaque panels • masonry stucco • decorative concrete, precast concrete panels, and architectural rock face CMU may be used, provided the panels do not exceed 70% of exterior materials* • up to 20% may be wood, anodized aluminum or similar ornamental metals and my be used as an accent material if appropriately integrated into the overall building design * Decorative concrete includes concrete that is: 1) burnished to create a terrazzo appearance, 2) professionally colored and patterned ti create a high quality earth tone brick appearance, 30 professionally colored and patterned to create a high quality white earth tone or stucco appearance (not EFIS), 4) professionally colored and patterned to create a high quality travertine appearance. • Storefronts will be aluminum framing and glass as required by code. Tenant's frontage will include storefront expanses in accordance with the City approved PUD design guidelines. At least 60% of the linear length of street -facing facades must contain windows and doors. • Minimize the impact of all mechanical equipment as viewed from ground level. Mechanical equipment located on the roof or around the perimeter of a structure shall be screened by a raised parapet, by comparable and compatible exterior building materials, or painted to complement the building materials in order to diminish its impact. • The site shall have asphalt paving at parking areas and driveways. The periphery of parking and driveways shall have poured in place concrete curbing. �YA� Clydesdale Marketplace rviwenc �esaina aaxexronsn•�e Development Guidelines 9 Architecture • Site lighting shall be dark skies compliant and in accordance with current ordinances. The rear facades of buildings shall have lighting at entrances only to help minmize the impact to neighbors. Light fixtures shall be downcast, cut off type units, concealing the light source from view and preventing glare. Uniformed ornamental street lighting shall be used to integrate the Clydesdale Marketplace with the downtown Hamel lighting. Minimum light levels shall be .9 foot candle at general parking and pedestrian areas, as well as, 1.0 foot candle at vehicular use areas. • All exterior loading and service areas must be completely screened from ground level view from adjacent streets, except at driveway access points. The trash area adjacent to the premises shall consist of a concrete slab and screening that is integral with the building. • All areas of land other than occupied by building, parking, or driveways shall be landscaped with sod, mulch, and/or rock material in planting beds. Provide understory trees, shrubs, flowers, and ground covers deemed appropriate for a complete quality landscape treatment of the site to comply with City ordinances • No sign, symbol, or advertisement shall be placed or maintained on the exterior walls of, or above, the premises except signs complying with the City's PUD sign ordinance. All signs shall have individual back illuminated letters unless otherwise approved. Color to be selected by the tenant. Internally illuminated, individual channel letters shall mounted directly to the facade or to a raceway that matches the building sign band color. Balancing the realities of car -related necessities (streets, parking and so on) with potential for future transit service, along with the desired character of the project is a significant challenge. The goal is to provide adequate parking; both quantity and RYAN Clydesdale Marketplace rviwenc �esaina aaxexronsnns Development Guidelines 10 Parking 44 enik.i • location, while promoting creative strategies that support the overall needs of the project and the community. Guideline Recommendations Parking guidelines encourage the following: • Utilize a combination of landscaping and landform to screen parking areas from major streets and important views (Highway 55) • Create strategies for shared parking between adjacent uses, taking advantage of peak and off-peak cycles, business hours, night time activities, special events and other needs • Provide locations for bicycle storage throughout the project area at appropriate locations • Explore various landscape approaches to soften parking area edges, provide shade, integrate native plantings, offset islands and other ideas to reduce the visual impact of parking areas The project is designed to be transit ready in a way that provides a walkable public realm and a connected street system. The Concept Plan recognizes the importance of providing transit options other than the typical car. RYANClydesdale Marketplace Development Guidelines rviwenc �esaina aaxexronsn•�e Transit Guideline Recommendations Transit is an important component to the overall plan, with expectations for car trips to increase. It is a goal of the developer to promote transit use, based on the following guidelines: • Understand and take advantage of opportunities to use existing and proposed transit components. • Provide facilities specifically linked to uses and character including signage and lighting for way - finding and bicycle amenities. • Provide for future connections for bus and transit links. Overview The Master Plan identifies four distinct, but connected RYAN Clydesdale Marketplace rviwenc �esaina aaxexronsn•�e Development Guidelines 12 71111 72+00 77+19.75 111 40+0= NEM (MN 41+00 6' WIDE LANDSCAPE MEDIAN (TY FLOATING FOUNTAII SEE UTILITY PLAN SOUTH POND 42+00 RETAINING WALL -----............7...........z ,, WITH 42" HT. ORNAMEI4Ad FEN - -7-1___Iz: -1 1 1 / (--- ) 1 REST __ Ez/zi 5r/5,600 SF - T - L. FUTURE // ---, ___./ Vi \\\\ oaf DEVELOPMENT /-7 I I -1-- -INTERSECTION SPECIAL PAVEME ) (CLYDESDALE TRAIL PROJE IBLOCK , LOT RETAINING WALL WITH 42" HT. ORNAMENTAL FENCE FUTURE MONUMENT SIGN FLOATING FOUNTAIN CONTROLS AT MONUMENT SIGN. SEE UTILITY PLAN. _ RETAIL 6,300 SF F-7 7-7-- FUTURE T-17r DEVELOPMENT BLOCK 21 „ — IDENTITY TOWER (rin n i dICATP) 5. C3 lc ‘a82+°° w- — 63' — •P, / as Dusty Finke From: Chuck Rickart <CRickart@wsbeng.com> Sent: Wednesday, May 20, 2015 1:43 PM To: Dusty Finke Cc: Tom Kellogg Subject: Goddard School Site Plan Dusty, Tom ask that I look at the site plan. The only comments I have are: 1. The two way access to Clydesdale Trail shows a 23' back of curb to back of curb. This appears to be narrow. Typically 24' face to face is used. 2. The exit only lane to Outlet Drive should include a "Stop Sign". Let me know if you have any questions. Chuck Chuck Rickart, PE, PTOE Transportation Senior Project Manager, Principal d: 763-287-7183 I c: 612-360-1283 WSB & Associates, Inc. 1701 Xenia Avenue South, Suite 300 I Minneapolis, MN 55416 WSB solutions I design gj4y+�FFImgmt commerslpt eroer$y ter'iribune 1.:lys hi!. 3413I2014 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. WSB & Associates, Inc. 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. 1 From: PJ Norman LLC Aaron Arnlc on behalf of owner PameOa Miller 3982 Comstock Lane N Plymouth, MN 55446 6124i 18-3798 To Whom it may concern We are requesting a permit to build an approximately 9,000 sq foot building at 345 Clydesdale Trail, Medina, MN, 55340. On this site, we plan to build an early childhood learning center which will operate as a dba The Goddard School. It will be licensed to provide teaching and care to a maximum licensed capacity of 140 children. This site will be approximately 10% larger than the Plymouth, MN Goddard School. The Goddard School is a franchise that is licensed by Goddard Systems, Inc., whose only business is the establishment of Goddard School franchises, and is headquartered in King of Prussia, Pennsylvania. Goddard Systems currently has 427 franchised schools in operation. They have been franchising Goddard Schools for 27 years. The Goddard School is a high -quality preschool, offering the convenience of child care hours. Goddard Schools offer a variety of programs to families needing professional childcare and preschool. The Goddard School's mission is to provide dual career families with a distinctive alternative to daycare through the implementation of a quality preschool curriculum, which emphasizes early learning and developmental skills, and to deliver this service at a competitive market price. The owner of the building will be Pam Miller, under the incorporated name of PJ Norman LLC. The tenants of the building will be Lisa and Aaron Amic, owners of Itty Bitty Inc, dba The Goddard School (entity to be registered). Lisa and Aaron are also on site owner operators of the Goddard School franchise in Plymouth. Aaron and Lisa reside in Medina. Invoices from the city of Plymouth have been included to show the water usage expected at Medina. While the building will be somewhat larger in Medina, the maximum capacity of children will be only 2% higher than the Plymouth location. The school will have 9 classrooms with bathrooms in seven of them. There will be a small catering kitchen. There will be drinking fountains in the hallway and on the playgrounds. There will also be a men's and women's bathroom in the hallway. It is expected that the usage will be extremely similar to the Plymouth location which used 16,720 gallons of water from 2/16/15 to 3/15/15 and 18,430 gallons of water between 1/16/15 and 2/15/15. The permit request asks us to chart and breakdown the amount of water used by type and occupancy. Below is our best guess per use. It is expected that the total amount will be approximately 17,000 Gallons per month. Classrooms—12,000 Gallons monthly, mostly handwashing, toileting, and cleaning Kitchen — 500 Gallons monthly. All food is catered. Only minimal dishwashing is needed. Adult Bathrooms — 4,000 Gallons monthly, handwashing and toilet usage. Water Fountains — 500 Gallons monthly, drinking. Varies With Height Standard Heights 3', 3%s', 4', 5', 6' 0 2" Nom. - 36" Min. Footing Depth 8' O.C. Nom. uuuuuuuu uuuuu 31546" TYPICAL 0 NOTES: 1.) Post size depends on fence height and wind loads. See MONTAGE PLUS' specifications for post sizing chart. 2.) Third rail required for Double Rings. 3.) Available in 3" air space and/or Flush Bottom on most heights. RAKING DIRECTIONAL ARROW Welded panel can be raked 30" over 8' with arrow pointing down grade. I%2" MONTAGE PLUS' RAIL 1%6 E-COAT COATING SYSTEM Base Material Uniform Zinc Coating (Hot Dip) Zinc Phosphate Coatinb Epoxy Primer Acrylic T pcoat COMMERCIAL STRENGTH WELDED STEEL PANEL PRE -ASSEMBLED Buy: MONTAGE PLUS MAJESTIC 2/3-RAIL P— PROFUSION"WELDING PROCESS — No exposed welds, Good Neighbor profile - Same appearance on both sides DOUBLE RING Adornment option -� I%2" MONTAGE PLUS"' Rail J Ism C'rom-Scction Bclou) i—Post x I6ga 3/4'12( 18ga Picket Baasket-ORtion 0 FE��IC� O mAY - 8 1015 MONTAGE PLUS"RAIL Specially formed high streng h architectural shape. LINE BOULEVARD BRACKET BXI14 UNIVERSAL BOULEVARD BRACKET Bxl @ll I r PLAT MOUNT BRACKET BX111 Values shown are nominal and not to be used for installation purposes. See product specification for installation requirements. IRMIso DR: Cl CIO ME SH . 1 of 1 SCALE: DO NOT SCALE Date 6/28/10 REV: e 11;. �I AMERISTAR° 1555 N. Mingo Tulsa, OK 74116 1-888-333-3422 www.anseristarfenee.com WECIEOVIED MAY - g 2015 he Goddard School • or ar � ood D eveo 1 men t Medina, Minnesota PROJECT INFORMATION BUILDING SQUARE FOOTAGES OWNER: PJ Norman LLC Contact: Pamela Miller 4982 Comstock Lane N., Plymouth, MN 55446 CONTRACTOR: Watson -Forsberg Construction Contact: Robert Timperley 9,295 Building Gross Square Feet [ Trash Room = 119 sf] 8,890 Building Net Square Feet BUILDING INFORMATION 6465 Wayzata Blvd., Mpls, MN 55426 952 -544 - 7761 ARCHITECT: Cundy, Santine & Associates Architects Contact: Shelley A. Santine 3434 Lexington Avenue N., Shoreview, MN 55126 651 -490 - 5454 Building Construction: Exterior Walls - Wood / Fiber Cement / Brick / Cast Stone Floor Structure - Concrete Slab On -Grade Roof Structure - Wood Trusses Automatic Sprinkler System Occupancy Classification: Child Care Center - Type E Occupant Load: Child Care Center = 20 Net i �—.....„.....____ -12 1 12- -------------- 12-- 1 12 - - 4- 5- -5- - 4- - - 12 a ASPHALT SHINGLES 12�/ ASPHALT SHINGLE-54 - - -Iz= -4 - FIBER CEMENT FASCIA FIBER CEMENT FASCIA 12 / i i - -5 PREFINISHED METAL _ 6UiitRS d DOWNSPOUTS y THE GODDARD SCHOOL® 5 ' �� f t 2-6 ,. ` II fl I1 11 FIBER CEMENT TRIM II II I II II 2 6 7. ,J I , , 2 6/ FIXED WINDOWS =P �� > - 1 / Mr m FIBER el CEMENT TRIM - , cog= . , I '�1 ��WA- - - '.-� �4bliM&O - _ .�i y-'�I-- '- i ^I o� -INA- F f� m-- - =�� = ° < -. DR WINDOWS FIBER GEMENT PANELS �� -ate ies `- =! el_. MS _ < FIBER GEMENT PANELS S - - _��� - o o. oq- om - ,m - - a®IN � � - 1 a ._r _ _ • N o �� CAST STONE SILL ' ( CAST STONE SILL CAST STONE SILL - - �o -oo-oo�- CAST STONE SILLA o ao�.�, -—�0:�-07��l��iv= �vwo� - �. FACE BRICKwiM a I I I I I I I d t I ( GAST STONE GAST STONE la a' -■ ia�w�swv a' vi1� 000 FACE BRICK '� �� ������������ �� I I I I WEST ELEVATION EAST ELEVATION 0 CAD 1/8"= 1'-0" CAD 1/8"= 1.-0" 12 12 5 5 - - - - - - - - - - - - - - - - - - - - - -- ASPHALT SHINGLES ----- -- \ FIBER CEMENT FASCIA -- - --I2- ---------------------------- ------- 4 -K - - � 5 4 I2 PREFINISHED METAL _ _ __---------------- - - 4 -12 GUTTERS DOWNSPOUTS - - - - - - - - ---- ------- --- -- THE GODDARD SCHOOL FIBER CEMENT TRIM > - _2-6 2 -6 _ / FIBER GEMENT PANELS v� li I,iioeoG > dam: - -- - G ao:CBoo D.H. WINDOWS a� yomiliFird > -b" ENS: milmoo-- Ge:r„r= ■ rim oviFo imi c = it = 1 -la..fo:o. - - GAST STONE SILL �isii'11mU ms 1 '___�GAST , STONE .- . & _ -, ,, � aa,ad , I I - L. SOUTH ELEVATION CAI 1/8"=1'-0" 12 - - - 12 5I 5 ASPHALT SHINGLES /� I I I� 124 FIBER CEMENT FASCIA 2 12_ 5� 4 PREFINISHED METAL -Iz 2 GUTTERS 8 DOWNSPOUTS 4 4T �� r - - - - a. ----a----------- - - - -- 5-0'= -, THE GODDARD SCHOOL - P e m ( n a r y } I 11 11 11+< FIBER CEMENT TRIM 26 , — / I I 2 2E e 6 2 9 1 5 / — < FIBER CEMENT PANELS mg.= jihr, D.H. WINDOWS o o� •.� � /\ '--t r '--I' o_ I � /< �J i�L GAST STONE SILL /�' - - - - � r7�M I I ' GAST STONE e N I I' . I I �J NORTH ELEVATION 1/8"=1'-0° AI Residential 8 Commercial Architecture CUNDY,SANTINE &ASSOCIATES ARCHITECTS 3434 LEXINGTON AVENUE NORTH SHOREVIEW, MN 55126 6 5 1- 4 9 0- 5 4 5 4 www.cs-orchitects.com I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. Signature Name Date Reg. No SCHEMATIC DESIGN SET DATE PROJECT NO. DRAWING SCALE 05-08-15 04-92-7815 REVISIONS MARK DATE DESCRIPTION O5-0E-15 SD REVS 05-25-15 5D REVS O6-22-15 SD REVS O6-26-15 512 REVS 06-29-15 5D REVS Goddard School FOR EARLY CHILDHOOD DEVELOPMENT PROJECT TITLE SHEET TITLE Elevations SHEET NUMBER Al OF 3 CUNDY,SANTINE &ASSOCIATES ARCHITECTS J ST-6," 34'-0" 48'-b" 34'-5" 0 f 4'_1" 6'-0" 3'-4" / N— — 11—lI n u 20 H 9 n b I9 14 9 I2 II 10 9 8 l 6 ! 4 9 3 ------ Lo E CLOSET DI21 _ ZO T ( 2 3 5 YEARS - j� 12200A Ito I \♦ ,/ 1 O O 102.E net I - I `µr I �O - I o o m I • I I � 12120E3 a II II II OHS 1 • I D119 Z D145 Q \ N o TOILET TOILET\ 6YM / RE® ROOM O TOILET TOILET n CLOSET - O ( En_ C 113 1101 l l I6 V [� J.C. C 124 I _ I 585.3 net HOSE BIB 1• I I• I ai \• 122 0116 1 DII1 -- , p ll Ci I- -II I 4'- q n Io D115 I / n / jI Ij L JL / CLOSET HALL o \ 145 N M 6 14 19 12II 10 9 6 l 6 9 4 9 3 ----- 115 \ f 9 1 - Q ' CLOSET DI�I E — I1 O O I 3 - 5 YEARS ( 121 ! 114 � 33- 39 MONTHS m N - H 0 0_ m \ [ 126j v 0 I 100.0 net - ---- 114 �IMBA I ----f 6301 net ®I _T '�� lI - — yy,�p•, a TOILET Is" ( s ) \ 0 p 1 A tl 9 8 l 6 9 4 9 0 I• - \ • 00 p lb n k AS 14 9 13 A 10 9 8 l 6 8 4 9 !il OwB.—> L o I 24 - 33 MONTHS -,— 130 CLOSET ' o LINE of RomY A20Vc I 4410.3 net 131 - I STAFF oQIr - InD\ _ O I (129) d U1 3- 5 YEARS DI30C I• 1 M 9 13 11 10 9 8 l 6 9 4 9 3 I ---- I w.6. N _ ED I I 12 11 IG 9 8 1 6 8 4 9 3 cy\ D12,1 DI30B D155 100.1 CLOSET net m v Ck �O CLOSET � / Q - lihi, Asm 112 I C 133 16 - 24 MONTHS 4D11111111111 D \ I® I I I I 4216 net TOILET PEEN O PANTRY C 134 TOILET TOILET o r f � Q I - ��. rr - - � I _ Z-,,, MECHANICAL � • 1 I . 1 _II � • 1 I'E. 1 n l 6! 4 9 \ ® C .-, _ 'u__� iIT i I DI36 u - - TOILET 1•I I•I 4 TOILET 0 wOMEN (•1 _ II I II I � / CLOSET II O _ \ r r ' r I® 14s HOSE BIB Ord 1O6 101 r �� 36 SLEEPING AREA T♦ l l l _o KITCHEN ® � - DI041 1/13 -I tln \ DI07�' D> I \II CLOSET` 1 J j q $: I10'-8" 44I6 net m I / s ,104 I fl% / n _ --- I E� --J I • 1 --- -- --�-- L_J DI35G I \ O 1 1=J1 / 8 l 6 9 4 9 2 ---- -- _ r —�-- -- 1 I— - 6 8 4 8 0 I _� is =0 u� _ 3 - 5 YEARS CLOSET FOYER ' m!VI) : Q C I 103 j 102 Dloz ` 141 1003 net I / DIO10015 I 1140 CLOSET D\ SLEEPING AREA O ® 4 I 1301 • EnY I co OFFICE ENTRY I OFFICE I 441.E net o 101 100 � ` ! 140 ` m_ CLOSET IQ , a 138 I H IL ICI I \ i DIOOA 0, I��I��I II-iL � _ / 21'-0" f 33'-b" 81'-b" /- 0 21'-0" AiTh NORTH r Residential 8 Commercial Architecture 3434 LEXINGTON AVENUE NORTH SHOREVIEW, MN 55126 6 5 1- 4 9 0- 5 4 5 4 wwwn ammtects.com I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. Signature Name Date Reg. No SCHEMATIC DESIGN SET DATE PROJECT NO. DRAWING SCALE 05-08-15 04-92-7815 REVISIONS MARK DATE DESCRIPTION 04-30-15 SD REVS 05-04-15 SD REVS 05-06-15 50 REVS 05-28-15 512 REVS 06-22-15 50 REVS 06-26-15 50 REVS Goddard School FOR EARLY CHILDHOOD DEVELOPMENT PROJECT TITLE SHEET TITLE Building Plan SHEET NUMBER A2 1 A2 MAIN FLOOR PLAN 1 /8" = 1'-0" OF 3 Architectural Rendering pro I taw 1■im1i n7u11111MI Il OPiiw1Viiir PM 1111.�;Z: i r .q rl Iid11111 II If1110 �"' lili6l NNMOW 11. 1. t.; , _ � �� II �Ii�:1 r- This graphic is an artist's rendition for illustrative purposes only and is subject to change without notice. Please see final plans for actual details, materials and colors l 8 WATSON - F R BE G ;,,11-1IIIIIIII I�III 111111 li'441III1I�IidNhtr 38 MIN MCKEON FITNESS The Goddard School Medina, MN n Residential & Commercial Architecture 1 2 3 4 5 6 7 8 9 10 MA C EAD E F IG OUTLOT 17 Calculation Summary Label CALC AREA PROPERTY LINE PARKING STALLS PARKING STALLS-1 . 4_ PROXIMATE - O V CATION, NO 0 . 1 \ 1 .A) 11. 1 ELD LOCATE 0 . 0 l �O - - �\ S F � 0 _ - M1 20cS 2i . 4 - 2.8 2.7 \ ❑E014 _ 000 ODo00 �4.4I 7 03 NI 0\0 °\0Ln 7.9 .7 014 to I I 9.61 7.3 O1� 5 w w 8.0 6.8 0,31 H a IH 3.8 4.0 0.3 Q 3.6 :2. 0 �. 2, i1 a-'4 �o elm 0I 4 U o\ 0\0 0\0 4. 2.8 M �e - 3.3 .3 2.6 w j 4.8 4 r_6 4.0 0 i. 3 (V CV 0 9.0 d 4.1 0.4 CD 9.2 6.5 5.5 I. 5 C, 1.1 9.3 .6 4.3 \0 0 )I. 3 \ 0.9 4.1 .9 ).4 i i / - 3.2 2.9 / 4.3 3.7 3 .31i 2.0 1. n / 4.0 o; �o N83°08'38,,W Ic 3. 6 4.1 3. 4 4. 6 3. 9 3. 2 3. 4 2. 6-CF 1 .11 g- 0( 2.8 3.0 - .3 .0 5 .0 0 H .0 0.0 r 0.1 CalcType Units Avg Max Min Avg/Min Max/Min Illuminance Fc 3.72 9.9 0.1 37.20 99.00 Illuminance Fc 0.12 0.5 0.0 N.A. N.A. Illuminance Fc 4.51 9.9 0.6 7.52 16.50 Illuminance Fc 3.73 5.5 2.6 1.43 2.12 cl� D UTTLlT�GE ,\ I Y AN \ NT a,0 0v0 � 0,0 OO CD $ Y,� 0.0 11 0.0 /0 0.0 0.0 W c w 0.0 � I 0.0 3 l.3 0.1 wl 1 2.8 H 'I 0.1 3 2.5 0.2 5 2.2 1.8 .7 0. 2 /. 4 0.2 I i I 0.1 Luminaire Schedule Symbol Qty Label Arrangement Total Lamp Lumens LLF Description BUG Rating Lum. Watts 4 A SINGLE 44000 0.950 VISIONAIRE AME-2-400PS-T3-ILS-SINGLE@18'MTG.HT. W/5'ARM B2-UO-G4 452 "DISCLAIMER"' BASED ON THE INFORMATION PROVIDED, ALL DIMENSIONS AND LUMINAIRE LOCATIONS SHOWN REPRESENT RECOMMENDED POSITIONS. THE PROJECT ENGINEER AND/OR ARCHITECT MUST DETERMINE APPLICABILITY OF THE LAYOUT TO EXISTING OR FUTURE FIELD CONDITIONS. THE LIGHTING DATA REPRESENTS ILLUMINATION LEVELS TAKEN FROM A LABORATORY SETTING UNDER CONTROLLED CONDITIONS IN ACCORDANCE WITH THE ILLUMINATING ENGINEERING SOCIETY OF NORTH AMERICA (IESNA) APPROVED METHODS. ACTUAL PERFORMANCE MAY VARY DUE TO VARIATIONS IN ELECTRICAL VOLTAGE, INSTALLATION, TOLERANCE LEVELS, BUILDINGS, OTHER LIGHTING, AND OTHER VARIABLES THAT WERE NOT CONSIDERED WHEN THIS PHOTOMETRIC REPORT WAS CREATED. IT IS THE RESPONSIBILITY OF THE OWNER OR PROJECT ENGINEER TO ENSURE COMPLIANCE OF ALL STANDARDS IN EFFECT. THIS PHOTOMETRIC LAYOUT IS THE PROPERTY OF VISIONAIRE LIGHTING AND IT CANNOT BE USED FOR INSTALLATION OF PRODUCTS OTHER THAN SPECIFIED. 110 CD N N O E CO M (D U Q U Q ■ N N ) � O ,c o 0 U) _ (z p L.L = U zU) .� O CZ O-0 Cz 0o oC Q Cz c�CzZ)o O N 3:-j Li T Q ._ U-)U0 - = �- CZ O U Z� T 0 CM cz CZ }' LoI CIO m 0 LL T 0 U_ W 0 � C� 0 �I O O � DRAWING NUMBER: MG050715TSR-GODDARD SCHOOL MEDINA-01 LAYOUT DESIGNER: MG DESIGNER EMAIL: mgonzales@visionairelighting.com PROJECT DATE: 05/08/15 REVISION DATE REP : TSR NOTE/S: - )PYRIGHT © 2014 - VISIONAIRE LIGHTING LLC. THIS DOCUMENT AND THE IDEAS AND DESIGN CONCEPTS INCORPORATED HEREIN CANNOT BE USED, IN WHOLE OR IN PART FOR THIS OR ANY OTHER PROJECT WITHOUT THE WRITTEN AUTHORIZATION OF VISIONAIRE LIGHTING. CUNDY,SANTINE &ASSOCIATES ARCHITECTS 3434 LEXINGTON AVENUE NORTH SHOREVIEK MN 55126 651- 4 9 0 - 5 4 5 4 -1--hill fs.o I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. Signature Name I I Date Reg. No. I I SCHEMATIC DESIGN SET DATE 05-08-15 PROJECT NO. 04-92-7815 DRAWING SCALE 05-06-15 1 51? REV5 05-28-15 51? REV5 06-22-15 50 REVS 06-26-15 5D REV5 F Goddard School OR EARLY CHILDHOOD D VELOPMENIT PROJECT TITLE SHEET TITLE Landscape Plan SHEET NUMBER Ll OF 3 ALTA / ACSM LAND TITLE SURVEY P,,mforp*a GODDARD SCHOOL PwofP*, 345 CLYDESDALE TRAIL CERTIFICATION I hereby certify to Clydesdale Market LLC, a Minnesota limited liability company, Commercial Partners Title, LLC and to Old Republic National Title Insurance Company, that this is a survey of: Lot 1, Block 2, Medina Clydesdale Marketplace, according to the recorded plat thereof, and situate in Hennepin County, Minnesota, together with the appurtenant easements contained in that certain Operation and Easement Agreement dated October 31, 2005, filed November 4, 2005, as Document No. 8689407, as amended by First Amendment to Operation and Easement Agreement dated February 28, 2006, filed March 3, 2006, as Document No. 8758938; by Second Amendment to Operation and Easement Agreement dated July 28, 2006, filed July 31, 2006, as Document No. 8837194; and by Third Amendment to Operation and Easement Agreement dated April 3, 2006, filed July 5, 2007, as Document No. 9003350. Hennepin County, Minnesota Abstract Property P Y and is based upon information found in the commitment for title insurance prepared by Commercial Partners Title, LLC as agent for Old Republic National Title Insurance Company, File No. 39671, dated effective January 20, 2015 at 7:00 A.M., and shows the locations of all buildings, structures, or improvements on said property; that there are no visible rights of way or easements on said described property other than shown or noted hereon; that there are no party walls or visible encroachments on said described property b buildings, structures or other improvements situated on adjoining property except as shown or noted hereon; that all easements if an listed in P P Y Y 9� � P J 9 P P Y P , � Y� Schedule B on the herein referenced commitment for title insurance are shown hereon' and that this ma or lot and the survey on which it is based were made i in P P Y () accordance with "Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys," jointly established and adopted by ALTA, ACSM, and NSPS in 2011, and (ii) pursuant to the Accuracy Standards as adopted by ALTA and NSPS and in effect on the date of this certification, the undersigned further certifies that in my professional opinion, as a land surveyor licensed in the State of Minnesota, the Relative Positional Accuracy of this survey does not exceed that which is specified therein and includes Items 1, 2, 3, 4, 5, 6(a), 7(a), 8, 9, 11(a) (location of utilities per visible, above ground on -site observation) and 20 of Table A thereof. I further certify that this survey was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Date: 4/27/15 E.G. R u d & So In Jason . Rud, Land Surveyor ota License No. 41578 GENERAL NOTES 1. Fee ownership is vested in Clydesdale Marketplace LLC, a Minnesota limited liability company Parcel ID Number: 12-118-23-13-0036. 2. Address of the surveyed premises: 345 Clydesdale Trail, Medina, Minnesota 3. Bearings shown hereon are based on the West line of Lot 1, Block 2, MEDINA CLYDESDALE MARKETPLACE, Hennepin County, Minnesota, having an assumed bearing of South 00 degrees 41 minutes 56 seconds West. 4. Surveyed premises shown on this survey map is in Flood Zone X (area of minimal flooding), according to Flood Insurance Rate Map Community Panel No. 27053CO166E by the Federal Emergency Management Agency, effective date September 2, 2004. 5. Boundary area of the surveyed premises: 53,505± sq. ft. (1.23 acres). 6. A search of the City of Medina's website indicates that the surveyed premises shown on this survey is currently zoned PUD-(Planned Unit Development). A zoning endorsement letter has not been provided for this ALTA Survey. For additional information contact the Planning and Zoning Department at the City of Medina at (763) 473-8846. 7. There are no striped parking areas onsite. 8. The surveyed premises has access to Clydesdale Trail, a public street. 9. Utilities shown hereon are observed. Excavations were not made during the process of this survey to locate underground utilities and/or structures. The location of underground utilities and/or structures may vary from locations shown hereon and additional underground utilities and/or structures may be encountered. Contact Gopher State One Call Notification Center at (651) 454-0002 for verification of utility type and field location, prior to excavation. 10. Subsurface and environmental conditions were not examined or considered during the process of this survey. No statement is made concerning the existence of underground or overhead containers or facilities that may affect the use or development of the surveyed premises. 11. The field survey of this site was completed on April 20, 2015. 12. Commercial Partners Title, LLC as agent for Old Republic National Title Insurance Company, File No. 39671, Schedule B-II Survey Related Exceptions: 13) Terms and conditions of Contract for Private Development by and between Ryan Companies US, Inc., A Minnesota corporation, and the City of Medina dated September 21, 2005, filed November 4, 2005, as Document No. 8689404. Said Contract has been partially assigned to Target Corporation, a Minnesota corporation, by that certain Assignment and assumption Pertaining to Medina Contract for Private Development and Note dated October 31, 2004, filed November 4, 2005, as Document No. 8689408. Certificate of Completion by the City of Medina dated February 13, 2013, regarding the above Contract for Private Development which sets forth that the obligations of Articles IV and V (Minimum Improvements) have been completed and that the Developer is released and forever discharged from its obligations to construct the Minimum Imporvements under said Articles IV and V. (not a survey related item) 14) Restrictions, covenants and conditions contained in that certain Declaration dated August 17, 2006, filed September 23, 2008, as Document No. 9185634, which contain no forfeiture provision. (not a survey related item) 15) Terms and conditions contained in that certain Petition and Waiver Agreement dated October 31, 2005, filed November 4, 2005, as Document No. 8689405, by and between the City of Medina and Ryan Companies US, Inc., a Minnesota corporation. (not a survey related item) 16) Utility and drainage easement(s) as shown on the recorded plat of Medina Clydesdale Marketplace. Partial) vacated b Resolution No. 2013-61 filed August 30 2013 as Document No. 10000248. shown Y Y 9 , � ( on survey) 17) Terms, conditions, provisions and easements contained in that certain Operation and Easement Agreement dated October 31, 2005, filed November 4, 2005, as Document NO. 8689407, by and between Ryan Companies US, Inc., a Minnesota corporation, and Target Corportion, a Minnesota corporation. Said agreements have been amended by First Amendment to Operation and Easement Agreement dated February 28, 2006, filed March 3, 2006, as Document No. 8758938; by Second Amendment to Operation and Easement Agreement dated July 28, 2006, filed July 31, 2006, as Document No. 8837194; and by Third Amendment to Operation and Easement Agreement dated April 3, 2006, filed July 5, 2007, as Document No. 9003350. (Outlot Drive is shown on survey and easement is noted) 18) Ordinance No. 391 of the City of Medina establishing a storm sewer improvement tax district filed March 10, 2006, as Document No. 8762546. (not a survey related item) 19) Survey dated March 27, 2014, by Westwood Professional Services, Inc. indicates storm water drainage lines crossing subject property for which there is no easement of record. (See item 20 for easement) 20) Terms and conditions of Easement dated July 7, 2013, filed July 16, 2013, as Document No. 9980017, by and between Clydesdale market LLC, a Minnesota limited liability company, and the City of Medina, a Minnesota municipal corporation. (shown on survey) EST.1977 Professional Lard Surveyors www.egrudxom 6,776 Lake Drive N E, Suite 110 Lino Lakes, MN 55014 Tel. (651) 361-3200 Fax (651) 361-3701 VICINITY MAP ..... qq .-9 83.77 I FNDXINCONC 983.56 '6 3 984.13 9 85.24 �Sy4.70 y i 980.51 982.46 1 / 4 y 98DICONCy y 985.25 - t I `983.01 984.3 987.33 6 986.5 986.55 00 �I'v 984.80 P��P < 986 57 98 9 P 9 985.39 985.84-': 986.19 P 987.63 99284 ''•. 9 4.81 V .986.05 y y y `' y 988.4 TNHXYZ �66 J C -FL GV 985.55 98 3g GV y ° 9g 6 O I I I I I I I I I I I• I I I I I I B 988� < 990.89 988.41 2 \ x 980.61 - x _ p� 987.28 �',989,96 983.67 i V_ y 98 a. LC, CLYDESDALE TRAIL 98700 989 x / s3 N IF I iX'..{\ I i /i _ 9 4.82 \ F G I I I I''.I� I F x g83.37 980.57 98222 �q+ 4, 4 Pip 9g0 D 9212 A ° ;h n ' y P- 989 985.39 7g \ 983.21 18 E,983.82, 984:2�y 85-91 N fl \ 979.48 ,`- 981.63 q -_ - 8 F 989. / XI CONC < .5J FNDXINCONO �6? .. 9 2.80 6 / \ 982.97 \\983.65:' 984.5 NOF 7 OF LOT 98g68 GV 99 992.> H LINE 986 g \ �2- 985.0� 1 ...........................8L6 ...' .. APPROXIMATE L 984.97 1111 .............................. 9 ' c 8 8 6 8. 1 0 � LOCATION, NOT `\\ �� \ 91g.. ` .' •.,' \ _ 987 00 9 991 28 9 2 < ti 44y �� IELD LOCATED `. O -� - - - - - - _ _ � MAPLES i 8�.24 '240 (46' 9015 °07 / 9g7 sg ZL6................. \ 1 - - I 987.67 989 9 9 n �y 970.20 982.37 \ '� \ - R,4% 31 c 92.78 \� x � p O 9g8.45 . QO � cQ,. v' rn :DRAINAGE AND , d 991.21: � ti ,4 -1 989.07 i9'1' R \ rn -92a ,...... '•�::.. � \\. � \ J UTILITY EASEMENT--� � � MAPLES � PER PLAT T 89. [ s y \I \ \R F 64 9 4 4 co ( ) G r 7 / \- o r a -\ \' 23 <� c y 4993,32 983.37x \\ \ I r \�\� T y y 4 < 4 \ 993.76 �) 6 974 05.' \ \ \� x 988.45 988.71 TEL g y d < \ 9 y \ \ _ - mot, c� -- 991.00 is 983.66 �- - DRAINAGE AND rE� 9g ° UTILITY EASEMENT PER Ln'. m / I / x: 989.70 / 4 3 \ 10 N x 98t.81 DOC. N0. A0998.0017 g97 /4 `4 \ 4 9 y \5 \ X / PVGl2' O 10 \\TF 9972g 9972q '. d cy `' 4 `y < x \ 4 x 989.48 991'.('9 y \ y <, y 4 s �R 991.26 4 y y i \ i i -i- i i \ i it �\ 982.35 i� x 990.46 SFy00) g �<FqS �NgGF� � y<, � y y`' 4 < 991:96 <... y. I� i Ix i i L_ Ix i i E J 11 I i\ 9 i 00 I FR S/ y�9T /8 FMFNT qN0 g9j.2> y 4 y 4 U� 901.49 DRAINAGE AND UTILITY II I �� \ I I x988.23 �" 990.60 /JLgT1Ygg 3S EASEMENT THROUGHOUT I u z \ I 9 NDXINCONc OUTLOT B I 'o ILL]O I 9734 ;I 4 �y `' 4 Q w `G t�E <y PED y 99�:6� MI Q 990.64 991:1 oLd 0 w Q 990.58 990.99 m y/ (� `' 4 / I Q a I �ST-2 10 aQ'F, 4 �91.4C� PART OF SEC. 12, TWP. 118 RNG. 23 z / c+� I Q J w • \ y y 991.53 / � *988.23 0 0 991.59 991.9 Of F7 ST-1 992.78 m o IL I TNHXYZ e� Q � Medirna Golf & Yf }i Country Cluh tiff Etiergreen Rd SITE "arrn�y R4 lei 9 a` f. Hamel r Legion Park a avayo �: I 0 D " x 989.23 x 990.31 y O I 0.87 y 991.92 G \ Y I Q 991.27 9 1.60 x 990.50 / II II I 9' 5 x 982.44 982.78', 990.32 990.81 \ o x Q x : ,I / 983.04 4 / / I N Q'., yY0990.51 \ II I ST-5 I I / o m�� / n Ln I ° W f� I SOT 1 �mz m QQ• 990.60 \, EXISTING POND N ozQI v'.. �� I LL: w \ x 990.43 \ C ,o x � I 9S.9.98 LLJo w w \ \ wLLIII o II I N I \ \ �� 7zNo v°N ' � /^ CD NO BUILDINGSvzw .J ° I J I I W:� J I rn 9^6. �o \ 0( I�� / 0 co U I 982.12 z N I N Z / o I I '. x I \ o G \ Q _ ----AS PER DOC. NO. 8689407, ADJOINING a I I I Qx O i x 989.78 - 90 67 PARCELS BENEFIT AND ARE SUBJECT \ c I < C �i K 990.02 I \ ow I I ��� \.............................O I TO A NON-EXCLUSIVE EASEMENT FOR �.____ ro` \990' a IM PASSAGE AND ACCOMMODATION OF I c� � � h � o PEDESTRIANS AND VEHICLES OVER w X; I'. 989.87co Ix "OUTLOT DRIVE". LOT 1 IS ALSO ° ^:: d of O SUBJECT TO A NON -EXCLUSIVE I �\ I O 989.02 rn r' �9ST-3 5 EASEMENT "FOR THE PASSAGE AND �\ ° I I 10 1p xs86.57 , I PARKING OF VEHICLES", PER SAID o "Q' I \ / DOCUMENT. \ I I BLOCK 2 1 N x 989.15 i I C--'` II I �w Nw I I - C' 1 x 986.10 1 N N I I v io HENNEPIN COUNTY, MINNESOTA I I - - 981.46 - '.�i 83 08'.. _ _ _ - - _ x989.58 p I� I f: _ (NO SCALE) I I 981.18 > ��$„w - T L INV:965.92 c�� �> . 1 ....... O I x� 88 i I 982.82 -� _ I NV 39 f= I C 0 `"886 ID _ 987. - _ ° x981:42 II I ` D�v' \ Z a I �/ 00 x981.10 \\ j >_6\ 988.64 w \ \ I \ \ / ° ti.: \x• \ \ x 985.85 \ VNV:965.18 Q Lu I 0n \ x 9 s _ i x x 982.89 x 988.41 Q 990.33 `-'DRA'INAGE AND T-9 W o 983.63 \ O v \ :... sc s UTILITY EASEMENT PER o W I CO T 0017 - 970.17 \ // IIV +F 981.s9 DOC. N 998 -- _ \ � 9 .... �� x 0, A0 \ 0 \\ C I �� 90'•.... _ - 970.22 9� F2 \ \ \ x 98 28 10 ... J I ..... i 9 O \co X 971.42 n 6 "` 09 f Z 988.94� o I 0)5 g4 •. - � x98285 989.76 ....... I 9 . o , \ \ LEGEND `-__- 983.55 ------ \ W ` I 989.68 " x 981.99 , N 983.29CO �973.6� --DRAINAGE ` _ _ _ \ \\ \ UTILITY EASEMENT:2s`..;o " ^,`..;;f:'.. \ \ x988.19 I _-� \ • DENOTES IRON MONUMENT FOUND AS LABELED \ ` \ 988.18 974,94 (PER PLAT) �\ -3.71 �0 O FNDIP45873 x N85°11'22"W \ 98%'.'0:;:;,.:,:.,:,;::.:;:;:::...•.,, ❑ DENOTES CATCH BASIN 97s.3s � Qs3.c\ �0 - OD DENOTES STORM SEWER MANHOLE 972 96.00 7" " ... .. \ � 984.0 s DENOTES SANITARY SEWER MANHOLE O DE 0 ES SE E 975.04 8 J° 975 \ 8 I x 974.68 FNDIP45873 7 .:. \ \! \984 ....0L6•................ F971 67 5 x 987.46 8 VAULT-FIBO 9 5 36 :.'„ .:: OE DENOTES ELECTRIC MANHOLE 972.39 ;:' 6 \ `C'Cr ...988.25 88s :._.. 4. \ ZL6..... x 974.83 ss %6 \ 83 10 \ \ I DENOTES HYDRANT oHw \ \V. GvM DENOTES GATE VALVE 96746 - 984 APRON 0"W.... O 975 26 x DENOTES POWER POLE-aN........... 63 o \ '� 94 \ 3' x W �\ .. ' �....967.21 \ I Q \.. X 952.36 DENOTES EXISTING SPOT ELEVATION '•.. •..• F o ...... O.. •., \ " A. •I' ... � 987.67 . 986.,. IBER "W 967.21 896- \ \ �86. I 5 x 986.99 -� DENOTES SIGN FIBER °"W \...ZBfi .� 987.90 . DENOTES LIGHT POLE 9 s �o"W UT I 1 9 ......... `� FOB o FRS y s \ JI. •..................................... _FIBER _ �� r ��N 8 \\ o ❑T DENOTES TELEPHONE PEDESTAL � o"W::::::::::x 65:89.................. .. . s 968.04 FIBER 9.:. 0 DENOTES FIBER OPTIC BOX ................,. _ °"W�. x.965.86 FIBER ❑E DENOTES ELECTRICAL BOX ......................... °"W. ..... 965.27 ................... s . zg ........................................................... ...... FIBER -. ' 97250 896................ 967.15 APRON DENOTES GUY WIRE •• .. „ .... °I'IW .....x.965.81` �'. i ".. 9'T8'.50......... �. O .................... FIBER �., S � • 76.06 FNDIP45873 �----- v 8 0• DENOTES SOIL BORING. (BY OTHERS) �oHW.. << -MOS'T SOUTH OT L6 FIBER�� .... 4 DENOTES STORM SEWER APRON 9/2. .. .................. o" �� . ......CORNER OF LOT 1 24 ....... .................... BER x 972.64 ......, ........................ X X DENOTES FENCE 971.E �� .................................................g70.... °"W � ......... 974.................... ............................... ' 971.99 DENOTES RETAINING WALL x 971.70 972.66 x `; 977 43 . . DENOTES EXISTING CONTOURS ..........970................................. �:................ •............ Leh ..... DENOTES EXISTING SANITARY SEWER ...................................g72' IBEX.. 97229 � FIBO�SION• •'.••�............. 972.57 972. 34 O 972 27 C 966.55 ``.... > DENOTES EXISTING STORM SEWER S%q 7- TAPRON DENOTES EXISTING WATER MAIN / /�/,� NAG 972.46 OHW_ oHw DENOTES OVERHEAD WIRE q TEL DENOTES UNDERGROUND TELEPHONE LINE �� J`S SQ972.78 .. . . ............... ... .. ......................... BENCHMARK FIBER DENOTES UNDERGROUND FIBER OPTIC LINE 9/3.08 DENOTES CONCRETE SURFACE # • ••'• MNDOT GSID STATION 10304 DENOTES BITUMINOUS SURFACE MNDOT NAME: 2722 X ELEVATION: 995.632 (NAVD 88) NORTH GRAPHIC SCALE 20 0 10 20 40 ( IN FEET ) 1 inch 20 ft. 15212AB GENERAL NOTES nm nm n m OHW _ oHW 100 �t Ol < w 4 _ � 4 4 4; CL YDESDALE TRAIL S89018,,*18"fir ti 22.53 0 _ 4 \ °X_� 4pe6o -��- .00 DRAINAGE AND , — — 4�29° z, a Ln h-J UTILITY EASEMENT�60— 031 \ U 4' �` ti �` U 4 \ FeNCE `� 4 -�- - 5' MINIMUM <'ti 4 4 24b A AND RETAINING WALL B-Bz I UTIL E E cp ti/-i z,<1 <i DOC. 0. \ WLp 4 ` 1 0 LL.CD z1. y <4 V J 1 4 \ i6 PLAYGROUND 1 o C SIQ� ti L�Ty �� No y N s < 0 i LI ti E d I M � 41 11 I \4 W < w ,4 \) 4 4 4 Q ti 00 ti; l 51 4 Q cJ Q �& 4 a co c I I 1 o 4 '1 LU / \ PROPOSED BUILDING / GARBAGE TRUCK I rr< I ��-� 9,300 SQ.FT. / Ob MOVEMENT FFE=989.0001) I 5.0 ] 23.0 118.0I � 8.5 w, o I o /1Q TRASH ROOM = REPLACE EXIST. CURB I cr C�y�C. �, -- WITH SURMOUNTABLE CURB nn _ 1 I I G °' v r' I POURED TRENCH DRAIN z m W/ GRATE <`� 4. 43.4 h I (SEE DETAIL -SHEET C4) FLIAG POLE , 'DE L ; I � 77 1— - I �k, PLAYGROUND 2 L � NCE qp.0 ; I I R L E EXI EXIST. BLDG RB 83 I ,.w o -- -- ; ;' I 1 CURB CARIBOU COFFEE I PEDESTRIAN - ( ) d CURB RAMP 9 108 0 `s\ ; I T R 10, �l L 'DRAINAGE AND e/TVMN�Ot)S \\ UTILITY EASEMENT PFR DR IV No. A0998001 7 —_- ---- --- ��� \V 0 A p V 10 A � 9.0 ` PROPOSED\SIGN 5 I � �` \\ o�CIT O�c, " L_ RAINAGE AND TILITY EASEMENT \ \ N85071'22"W 96.00 ■ I APPR TEA IT OF C T1�k/ Oi�11 e z I (SAW T BITUMINOUS���11�� - �1 ■ 1z, ..................... REMOVE IST. BIT. CUR S o m I R PROPOSED SIGN "DO NOT ENTER" EXISTING RETAINING WALL s \ \ \ -` L'� \ `p I d PROPOSED "STOP" SIGN \\\\ \ 289 CO THE INFORMATION SHOWN ON THESE DRAWINGS CONCERNING TYPE AND LOCATION OF EXISTING UTILITIES IS NOT GUARANTEED TO BE ACCURATE OR ALL INCLUSIVE. THE CONTRACTOR IS RESPONSIBLE FOR MAKING HIS OWN DETERMINATION AS TO TYPE AND LOCATION OF UTILITIES AS NECESSARY TO AVOID DAMAGE TO THESE UTILITIES. CALL "811" FOR EXISTING UTILITIES LOCATIONS PRIOR TO ANY EXCAVATIONS. THE CONTRACTOR SHALL FIELD VERIFY SIZE, ELEVATION, AND LOCATION OF EXISTING SANITARY SEWER, STORM SEWER, AND WATER MAIN AND NOTIFY ENGINEER OF ANY DISCREPANCIES PRIOR TO THE START OF INSTALLATIONS. INSTALLATIONS SHALL CONFORM TO THE CITY STANDARD SPECIFICATIONS AND DETAIL PLATES. THE CONTRACTOR SHALL NOTIFY CITY PUBLIC WORKS DEPARTMENT A MINIMUM OF 24 HOURS PRIOR TO THE INTERRUPTION OF ANY SEWER OR WATER SERVICES TO EXISTING HOMES OR BUSINESSES. STORAGE OF MATERIALS OR EQUIPMENT SHALL NOT BE ALLOWED ON PUBLIC STREETS OR WITHIN PUBLIC RIGHT—OF—WAY. NOTIFY CITY A MINIMUM OF 48 HOURS PRIOR TO THE COMMENCEMENT OF CONSTRUCTION. ALL ELECTRIC, TELEPHONE, AND GAS EXTENSIONS INCLUDING SERVICE LINES SHALL BE CONSTRUCTED TO THE APPROPRIATE UTILITY COMPANY SPECIFICATIONS. ALL UTILITY DISCONNECTIONS SHALL BE COORDINATED WITH THE APPROPRIATE UTILITY COMPANY. VICINITY MAP ��erry Hill Trail AWL —Fitness 101 b _ FanAastic Sams .i Dover Saddlery M Cerdl—ies ATM Wells Fargn Hank tiler $ Jirnlny'a Pizea • it G `�y@SdaLe Trei I e. caribou cute e G"' lizdbe, a ryArFr Rd H6iday51adonsrore � er Ilt"r'Y 55esdale Trail North Amerissn Liquor 0 HwY 56 o - ss a 1! I ndoor A. 1. Highway 55 Hen ta185ales Inc Complem Eye o Care of Medina x West Fin n i I credit Union S- N.T.S. IMPERVIOUS CALCULATIONS TOTAL LOT AREA: 53,504 SF EXISTING IMPERVIOUS: 3,146 SF NEW IMPERVIOUS: + 31,613 SF TOTAL IMPERVIOUS: 34,759 SF PARKING CALCULATIONS REQUIRED: 1.5 SPACES PER EMPLOYEE [CHAPTER 1145.04(b)] (26 EMPLOYEES x 1.5) TOTAL REQUIRED = 39 SPACES TOTAL PROVIDED = 41 SPACES SHEET INDEX C1 TITLE SHEET & CIVIL SITE PLAN C2 GRADING, DRAINAGE & EROSION CONTROL PLAN C3 UTILITY PLAN C4 DETAILS DRAWN BY: DESIGN BY: C.M. C.W.P. CHCKD BY: PROJ. NO. C.W.P. 15-1537 ORIGINAL DATE: APRIL 29, 2015 z O U)U) W w w U U UJ U U Ln Ln W O O 0 (V O Ln O O O a) E ca >, E c L CO (� CO � O a-Mc: (n c: co c c � � W co it C Q c, - 40 (nNm NMI CD C CD CD ca W COD _ 0 z O W C3 m CO W Ln _J — O� O Q N _ rn U o O ui Q 0 z Q n. w rn U 06 w W W J PREPARED FOR: WATSON- FORSBERG SITE PLANNING & ENGINEERING ENGINEERING, PLOWE 6776 LAKE DRIVE SUITE 110 LINO LAKES, MN 55014 PHONE: (651) 361-8210 FAX: (651) 361-8701 NORTH 0 10 20 1 INCH = 20 FEET C1 Know what's below. Call before you dig. TITLE SHEET &CIVIL SITE PLAN GODDARD SCHOOL n m n m n m 984.80 I �b GRADING, DRAINAGE & EROSION CONTROL NOTES rn �� 985.39 » » gag 19 986.19 987.63 992.84 J 9 4.81 V 986.05 a 4 4 988.4Q TNHXYZ -FL 66. PRIOR TO ANY GRADING OPERATIONS, THE CONTRACTOR SHALL PROVIDE WIMCO F I GV I 985.55 i 98�.I36 4 9a�. a 9 < S 990.89 I I 66 9a\ ° '` INLET PROTECTION (OR OTHER APPROVED EQUAL) FOR ALL STORM SEWER _ zx, 988.41 INLETS THAT WILL RECEIVE RUN-OFF FROM CONSTRUCTION ACTIVITIES . 980-61 - - x _ p0 987.28 983 67 i < < < < < < < < n 8880 CONTRACTOR TO PROVIDE TOPSOIL STOCKPILES AT LOCATION DESIGNATED BY �' OWNER. PLACE STOCKPILES AS FAR FROM DRAINAGE WAYS AS POSSIBLE. "a . 987.00 ROCK CONSTRUCTION ENTRANCE \ .< C L Y D E S D A L E T I2 A I L x 9a9s3 PROVIDE SILT FENCE AT DOWNSTREAM SIDE OF STOCKPILE LOCATIONS. IF / x 9$3.37 c .aL / \ L J MULCH. IS TO BE IN -PLACE LONGER THAN 7 DAYS, PROVIDE SEED AND 980.57 982�22 D 9212 '1&�18�� `. 984.9 9 .39 9g5. / V ° 19 \ 984.2' 91 d'� \ THE CONTRACTOR SHALL PROVIDE ALL SOD, SEED, MULCH AND FERTILIZER 979.48-981.63 ti 53 - 9897 / \ WHICH SHALL CONFORM WITH THE FOLLOWING MNDOT SPECIFICATIONS AS -• - - 986. 96 MODIFIED BELOW. �.. 989. � 98280 2-9 Og 9 989.68 8 9g 8. Cv'.. \ 9g18 2.>4 .................................................. 8L6 ...' •. APPROXIMATE ` O 98 97 .�9�6 .,'' .'' ..` ti LOCATION, NOT � O _ _ _ ` b 987.00 987.24 2¢� Bs 8.0 ............ ...ZL6 '•• IELD LOCATED � - x •• 9a1 \.. s °° /\ 9g s99j 24�`'< � 970� .6 .... X .• 982.37 O O �... .� - - - - - - 987.67 988 � % �� 989.31 T-�9 / ti 9 ''7 992J8 . , O m B 9 9 85 � � 989. ;7 � �� o c0 9g s y 4 5 s � rn :� °33 � 97�3 4 993� 5 9896 4 g9 ig / ti � I• o � � 9 •� O � X � � ti 6 rn 974. (5 988.71 8 �5 O 9g0 9991.00 �9�B-98 5 / < O 989 �0 T 990�5 /%\,���� N 1.. o X 4 4 C gip... 8g pp 4 B ' 988 7 4< 99 97 ti 4 4 x X �... a2 24 �� 989.48 ��' $ .. 4 991.6'9 ti 6 �, 99L.26 a i _ �i I 5 •�4 i o i 9g1.� i Li .. 7 4 ti �i ITEM MNDOT SPECIFICATION/NOTES SOD 3878 SEED ** 3876 * FOR TURF ESTABLISHMENT COMMERCIAL TURF MNDOT MIX 25-131 (220 LBS/ACRE) RESIDENTIAL TURF MNDOT MIX 25-131 (120 LBS/ACRE) TEMPORARY FALL COVER MNDOT MIX 21-112 (100 LBS/ACRE) SPRING/SUMMER MNDOT MIX 21-111 (100 LBS/ACRE) SOIL -BUILDING COVER MNDOT MIX 21-113 (110 LBS/ACRE) 1-2 YEARS COVER MNDOT MIX 22-111 (30.5 LBS/ACRE) 2-5 YEARS COVER MNDOT MIX 22-112 (40 LBS/ACRE) MULCH 3882 (TYPE 1 - DISC ANCHORED) FERTILIZER 3881 WOOD FIBER BLANKET 3885 (CATEGORY 2) rn w X 988.23 990 6 x �r 9g 35 <� * MOW A MINIMUM OF: RESIDENTIAL TURF - ONCE PER 2 WEEKS 88.05 9.3q c COMMERCIAL TURF - ONCE PER 4 WEEKS I� 85.80 88 7 8$ 65 9 o.64x g'9 Oj� 94 05 ** SEEDED AREAS SHALL BE EITHER MULCHED OR COVERED BY FIBROUS co $ •O 86. $8 O n p 6 BLANKETS TO PROTECT SEEDS AND LIMIT EROSION. 52°�� y �j"�: pp 4= 0990. 8 9 0-9 9ca$.v 4 <, i .. '� $5•�'8-," 5 yl$ SST 2 .� oCOi 9p 5 �98 z- 19 991 59 gg19 991.53 ALL EROSION AND SEDIMENT CONTROL MEASURES SHOWN ON THE PLANS OR OSr 92.78 0� 0) , �� I I I I 6cl, x a90 31 TNHxYz / 9490 87 4 991 9z IMPLEMENTED IN THE FIELD SHALL BE IN ACCORDANCE WITH THE CITY AND I / V)tiY° NPDES PHASE II PERMIT REQUIREMENTS, AND THE MPCA'S "PROTECTING WATER 89,0 p o 991 v g 1.6o �� n QUALITY IN URBAN AREAS BEST MANAGEMENT PRACTICES FOR MINNESOTA." by o .9 88.90 990 32 �� 98244 i 9L2 7 ao °' ��• 7 THE CONTRACTOR SHALL PROVIDE DESIGNATED CONCRETE TRUCK WASHOUT L' I }' 8'`7U PROPOSED BUILDING s90 99081 AREA WITH APPROPRIATE SIGNAGE. WASHOUT AREA IS TO BE A MINIMUM OF 983 04 C� ti 5 i :` 9,300 SQ.FT. V N / O yYo 90 51 50' FROM STORM DRAINS, DITCHES, PONDS, OR OTHER STORMWATER FEATURES. o sr-s I FFE=989.00 0�0 ALL LIQUID AND SOLID WASTE GENERATED BY CONCRETE WASHOUT OPERATIONS ' I 4 `' $ ' �m� / 990,60 MUST BE CONTAINED IN A LEAK -PROOF CONTAINMENT FACILITY OR I Li�] 88.00 INV TRENCH DRAI IMPERMEABLE LINER (E.G. COMPACTED CLAY LINER, IMPERMEABLE I V $$• ?� 88.80 TOP OF GRAT �� GEO-MEMBRANE). AFTER WASTE CONCRETE IS SET, BREAK-UP AND DISPOSE I OF PROPERLY. 4 I I 5 �, - I% 86 p c 8 �` p 44 /° o THE CONTRACTOR SHALL MAINTAIN SILT FENCE, INCLUDING THE REMOVAL OF 85 988 - x .5p c O C+4% '''''' ACCUMULATED SEDIMENT, THROUGH COMPLETION OF BUILDING CONSTRUCTION. I I n x 66' x 9 28 W / SILT FENCE TO BE REMOVED ONLY AFTER COMPLETION OF BUILDING is 9 6 95 I fp ; rn CONSTRUCTION AND UPON ESTABLISHMENT OF VEGETATION. PROVIDE INLET SEDIMENT CONTROL FOR �I L I Xsz.1` 86 Qi co STORM SEWER INLETS WITHIN 24 HOURS F I °'x ti I THE CONTRACTOR SHALL PAY SPECIAL ATTENTION TO ALL ADJACENT PROPERTY :• �^ 4 $ 990.67 LINES AND MAKE SURE THE EROSION CONTROL PRACTICES IN -PLACE IN THOSE STRUCTURE INSTALLATION. F ROVIDE AID 0 :::' M s :' _ FOR EXISTING STORM SEWER INLETS TH T �: I s••r a O 14 7 AREAS PREVENT MIGRATION OF SEDIMENT ONTO ADJACENT PROPERTIES. c 0...... - ........................... • v c, N WILL RECEIVE RUN-OFF DURING SIT s v �oti �- ►� I 85 a. $ ti 8, g 9 8 8 .95 IN TENCH DRA N / / THE CONTRACTOR SHALL PROVIDE WOOD FIBER BLANKET FOR ALL AREAS OF CONSTRUCTION. LEAVE IN -PLACE 1301 x: ; F:: ^ 3 6, o I ��j j CONCENTRATED FLOW AND FOR ALL SLOPES 3:1 OR GREATER. SITE HAS BEEN STABILIZED :TYF� 8 `"I ,z r $�6 - 8$ O 80 T F GRATE % r ti ` 5 6p ::: I $S,2 I o `3 0 ` IF ANY SLOPES APPEAR TO BE FAILING, THE CONTRACTOR SHALL PROVIDE �\ o :� I I� s <k f� ' L� 7 $p ADDITIONAL SILT FENCE, BIOROLLS AND EROSION CONTROL BLANKET AS " ■ I NEEDED. _ $7 5 I .. I I 4 $ Op 989.15 ■ THE CONTRACTOR SHALL FINAL GRADE SWALE AREAS UPON STABILIZATION OF 0w N I s 6 h0 97,6 8 .10 $$ ■ I ,o UPSTREAM AREAS. 6p s_ a� `x I EXIST. BLDG 5.4 D 5 $ Q - _ �� m CARIBOU COFFEE %� NV96 92 »� .28.. 088 ■ Ik IF THE CONTRACTOR SHALL SOD ALL DISTURBED DRAINAGE AREAS, INCLUDING �I 09 •� 5. c,� j > \ ■ I SWALES, OVERFLOWS, AROUND STORM SEWER FLARED -END SECTIONS, AND OFF STREET CATCH BASINS. ` 5 I � ^ .6• $ CID I V: 5.39 § ti $9 / ti 8 ■ I d , , UPON GRADING COMPLETION THE CONTRACTOR SHALL PROVIDE NATIVE TOPSOIL, °' 85. X 9ai 4z° G 96 87 0' Oq ■ I / L i SEED, AND MULCH ANCHORED WITH A STRAIGHT SET DISC WITHIN 48 HOURS OF I5�8, / FINAL GRADING. o: f x 981.10 h 9 8.64 8$ ■ &\O d x 985,85 NV:965.1 �s, �p rn EXCESS SOIL SHOULD BE TREATED LIKE OTHER EXPOSED SOIL AND STABILIZED 982 89`. 986.g`� WITHIN 72 HOURS. ANY SOIL STOCKPILES ARE TO HAVE SILT FENCE PLACED o ST-E 988 90.33 ON DOWNSTREAM SIDES AND SHALL NOT BE PLACED IN SURFACE WATERS • rr� 60 9R3 C • x 4 ■ 9 1 L \ ( ^ I 970-17 /� /.`� 6 4.5 90 COI �gp,...... o, v 981. 9 ■ ADJACENT STREETS SHALL BE KEPT CLEAN OF CONSTRUCTION MATERIALS, DIRT, 970.22 96 9Q 1 ..., x 98/A28 J \ 0 I AP O.X. I.]M$T AND OTHER UNDESIRABLE MATERIALS. WHEN MATERIALS OR DEBRIS HAVE x971.4z 1 I `� .:.1) oy° 88.948- % OF ONSTRUCTION ........ x rn 8 76 ED a 3n �� q TO SWEEP/SCRAPE CRAPE STREETS AS NECESSARY OR AS DIRECT � � s I WASHED/FLOWED ONTO ADJACENT STREETS, IT IS THE CONTRACTOR'S _ � - .,,,,.: 38'•� 55 •: _ ' BY THE RESPONSIBILITY \$ 4.i8 989.68 NOTE: T = TOP OF WALL B = GROUND ELEV AT BOTTOM OF WALL TC = TOP OF CURB G = GUTTER LEGEND OHw EXISTING OVERHEAD ELECTRIC EXISTING UNDERGROUND TELEPHONE TEL In EXISTING TELEPHONE PEDESTAL ® EXISTING ELECTRICAL PEDESTAL � EXISTING UTILITY POLE 0 EXISTING LIGHT POLE >> EXISTING STORM SEWER EXISTING WATER MAIN I EXISTING SANITARY SEWER > 0 EXISTING STORM MANHOLE ❑ IP EXISTING CATCH BASIN 4 EXISTING FLARED -END SECTION >g EXISTING GATE VALVE EXISTING HYDRANT (a) EXISTING SANITARY SEWER MANHOLE •••••• •••••928 ........... .............928........... . EXISTING EXISTING CONTOUR 920 99 GE EXISTING SPOT ELEVATION EXISTING BITUMINOUS EXISTING RETAINING WALL X EXISTING FENCE GENERAL NOTES THE INFORMATION SHOWN ON THESE DRAWINGS CONCERNING TYPE AND LOCATION OF EXISTING UTILITIES IS NOT GUARANTEED TO BE ACCURATE OR ALL INCLUSIVE. THE CONTRACTOR IS RESPONSIBLE FOR MAKING HIS OWN DETERMINATION AS TO TYPE AND LOCATION OF UTILITIES AS NECESSARY TO AVOID DAMAGE TO THESE UTILITIES. CALL "811" FOR EXISTING UTILITIES LOCATIONS PRIOR TO ANY EXCAVATIONS. THE CONTRACTOR SHALL FIELD VERIFY SIZE, ELEVATION, AND LOCATION OF EXISTING SANITARY SEWER, STORM SEWER, AND WATER MAIN AND NOTIFY ENGINEER OF ANY DISCREPANCIES PRIOR TO THE START OF INSTALLATIONS. INSTALLATIONS SHALL CONFORM TO THE CITY STANDARD SPECIFICATIONS AND DETAIL PLATES. THE CONTRACTOR SHALL NOTIFY CITY PUBLIC WORKS DEPARTMENT A MINIMUM OF 24 HOURS PRIOR TO THE INTERRUPTION OF ANY SEWER OR WATER SERVICES TO EXISTING HOMES OR BUSINESSES. STORAGE OF MATERIALS OR EQUIPMENT SHALL NOT BE ALLOWED ON PUBLIC STREETS OR WITHIN PUBLIC RIGHT-OF-WAY. NOTIFY CITY A MINIMUM OF 48 HOURS PRIOR TO THE COMMENCEMENT OF CONSTRUCTION. ALL ELECTRIC, TELEPHONE, AND GAS EXTENSIONS INCLUDING SERVICE LINES SHALL BE CONSTRUCTED TO THE APPROPRIATE UTILITY COMPANY SPECIFICATIONS. ALL UTILITY DISCONNECTIONS SHALL BE COORDINATED WITH THE APPROPRIATE UTILITY COMPANY. CURB & BITUMINOUS NOTES REMOVAL AND DISPOSAL OF EXISTING STREET MATERIALS AS REQUIRED FOR CONSTRUCTION IS CONSIDERED INCIDENTAL. SAW -CUT EXISTING BITUMINOUS AND CONCRETE CURB TO PROVIDE BUTT -JOINT. BACKFILLING OF CURB IS INCIDENTAL TO CURB INSTALLATION. FOUR INCHES OF CLASS 5 UNDER CURB IS INCIDENTAL TO CURB INSTALLATION. 11- PROPOSED WATER PIPE PROPOSED SANITARY SEWER PIPE >- >) PROPOSED STORM SEWER PIPE PROPOSED DRAINTILE AND CLEAN -OUT DO PROPOSED STORM MANHOLE ❑ PROPOSED CATCH BASIN PROPOSED HYDRANT 928 PROPOSED CONTOUR 930 0920.60 PROPOSED SPOT ELEVATION (GUTTERLINE, BITUMINOUS SURFACE, OR GROUND SURFACE UNLESS OTHERWISE INDICATED) PROPOSED SILT FENCE -c=34.0% PROPOSED DIRECTION OF DRAINAGE PROPOSED BITUMINOUS A. r :� :•.:;..:.. PROPOSED CONCRETE PROPOSED INLET PROTECTION PROPOSED RETAINING WALL DRAWN BY: DESIGN BY: C.M. C.W.P. CHCKD BY: PROJ. NO. C.W.P. 15-1537 ORIGINAL DATE: APRIL 29, 2015 0 O F_ O U) Z z z Lu 0 LU W O m O 0 U) U) U U w w D_ D_ U U Ul) LO LO r r r w O O O < O (V O 0 0 0 a) E cu E L L CD-0 o 70 c co it cu cn CL c cn � U � NMI CD CD cm ca W COD 0 a O W Cm m 0 z U_ J CO w LO J r 0� O Q N 2 rn U o 0 w Q 0 z 0 U) 0 Of wz 06 Q (D d < J Z � Of 00 U U z 0 (D PREPARED FOR: WATSON- FORSBERG SITE PLANNING & ENGINEERING PLOWE 6776 LAKE DRIVE SUITE 110 LINO LAKES, MN 55014 PHONE: (651) 361-8210 FAX: (651) 361-8701 NORTH 0 10 20 1 INCH = 20 FEET Know what's below. Call before you dig. GRADING, DRAINAGE, &EROSION CONTROL PLAN GODDARD SCHOOL n m n m n m EXIST. STORM SEWER TO EXIST. TH PON OF CLYDESDALE MA ti 8" P VCR WTR GV cw I I I I I I I < S < < < < EX. 8" DIP SAN _ CL YDESDALE TAIL LJ L_ S 016,18 "E 53 / \ APPROXIMATE \ cl \ LOCATION, NOT IELD LOCATED — — — — — — — — — — 40 8,6 R7� lot,�1 xIST: 'PVC, 41 4 CO CT 15 RCP TO \ \ TEL CONN 60 t XIS-T. 87 PVQ A EXISTING M14 IA CORE DRILL ❑E V TEL 4 E 980.45 (FIELD VERIF MH CATION AND 981.81 y RIM & INVERT ELEV ONS PRIOR PVC12"INVI I COPPER ti <�\ 4 TO CON TRUCTION)41 4' I <, _ � ECT TO EXIST. � ��. ^ F.D. CQ NECTION (n I I �' 6" SAN STUB WALL M NT P.I.V. 4 IE 973.91 \ \ 4Q ' q �CO � u< I co �v I i c� L EXTEND ROOF DRAIN LEAD, SAN SEWER SO�AT _I jOCAIONSDETERMINEDBYOWNER = A ti o �> OHW _ OHW 8" P�C ROOF DR' IN LEAD 2.0% II CB #2 - F� 984.73 IE 9 80—N,S IE 2.00-8" SU� 979.80 I I III II I �I co 10 1-4 0 CB #1 RE 984.40 IE 981.20 SUMP 980.20 II 4 PROPOSED BUILDING Q N, 9,300 SQ. FT. FFE=989.00 4 cv �� 15'-6" PVC — 0.67% Lo I � - CP S <k of 981.18 > — �\�\� L INV:965.92 > > R _ N85011 ', j W 0 N LU N C/0co 15-6» RE 988.08 z O @ 0.6 IE 985.90 0 /� L, s m 4 4 / L, C/o W ci� RE 987.80 IE 985.50 J,�N�i $ 0 6$�09 8\ 965.39 �� CT/6" P C TO \ � M VIA CORE D> ILL 9 8 54 IE 985.40 \ NV:965.1 \ O � \ ADJUST EXISTING STRUCTURES \ TO MATCH PROPOSED GRADE \ \ (TYP) \ J \ �I �I O I ,v, v I C,00 h m Y . I ■ ■ ■ ■ ■ I I� ■ ■ ■ I � ■ CID ■ ■ I j: e � \ I ,1 \ I \ \ I R OCATE E ST. HYDRANT\ 990,51 \ CONNECT 6" PVC TO EXIST. CB VIA CORE DRILL IE 985.80 POURED TRENCH DRAIN/"�; W/ GRATE (SEE DETAIL —SHEET C4) EXIST. BLDG (CARIBOU COFFEE) a_ \ __ \ \ I FIBER =_ OHW FIBER OHW B \ FIBER —FIBER OHW_ OHW FIBER OHW FIBER O \ —OHW FIBER_ OHW IBER oH_ \ -- << \ STq iE ----___ -_— o T,pUj\ //i � OHW_ v/� Y /VO 55 O — OHW— EXISTING OVERHEAD ELECTRIC TEL EXISTING UNDERGROUND TELEPHONE In EXISTING TELEPHONE PEDESTAL ® EXISTING ELECTRICAL PEDESTAL � EXISTING UTILITY POLE 0 EXISTING LIGHT POLE >> EXISTING STORM SEWER I EXISTING WATER MAIN > EXISTING SANITARY SEWER 0 EXISTING STORM MANHOLE ❑ IP EXISTING CATCH BASIN 4 EXISTING FLARED —END SECTION �g EXISTING GATE VALVE EXISTING HYDRANT (a) EXISTING SANITARY SEWER MANHOLE •••••• •••••9••••• .............928 28............ EXISTING CONTOUR 920 99 GE EXISTING SPOT ELEVATION EXISTING BITUMINOUS EXISTING RETAINING WALL X EXISTING FENCE LEGEND GENERAL NOTES THE INFORMATION SHOWN ON THESE DRAWINGS CONCERNING TYPE AND LOCATION OF EXISTING UTILITIES IS NOT GUARANTEED TO BE ACCURATE OR ALL INCLUSIVE. THE CONTRACTOR IS RESPONSIBLE FOR MAKING HIS OWN DETERMINATION AS TO TYPE AND LOCATION OF UTILITIES AS NECESSARY TO AVOID DAMAGE TO THESE UTILITIES. CALL "811" FOR EXISTING UTILITIES LOCATIONS PRIOR TO ANY EXCAVATIONS. THE CONTRACTOR SHALL FIELD VERIFY SIZE, ELEVATION, AND LOCATION OF EXISTING SANITARY SEWER, STORM SEWER, AND WATER MAIN AND NOTIFY ENGINEER OF ANY DISCREPANCIES PRIOR TO THE START OF INSTALLATIONS. INSTALLATIONS SHALL CONFORM TO THE CITY STANDARD SPECIFICATIONS AND DETAIL PLATES. THE CONTRACTOR SHALL NOTIFY CITY PUBLIC WORKS DEPARTMENT A MINIMUM OF 24 HOURS PRIOR TO THE INTERRUPTION OF ANY SEWER OR WATER SERVICES TO EXISTING HOMES OR BUSINESSES. STORAGE OF MATERIALS OR EQUIPMENT SHALL NOT BE ALLOWED ON PUBLIC STREETS OR WITHIN PUBLIC RIGHT—OF—WAY. NOTIFY CITY A MINIMUM OF 48 HOURS PRIOR TO THE COMMENCEMENT OF CONSTRUCTION. ALL ELECTRIC, TELEPHONE, AND GAS EXTENSIONS INCLUDING SERVICE LINES SHALL BE CONSTRUCTED TO THE APPROPRIATE UTILITY COMPANY SPECIFICATIONS. ALL UTILITY DISCONNECTIONS SHALL BE COORDINATED WITH THE APPROPRIATE UTILITY COMPANY. WATER MAIN NOTES DRAWN BY: DESIGN BY: C.M. C.W.P. CHCKD BY: PROJ. NO. C.W.P. 15-1537 ORIGINAL DATE: APRIL 29, 2015 O O O cUn zzz W o W W O m O O U) U) U U >>-} W W EXISTING WATER MAIN LOCATION AND SIZE SHALL BE VERIFIED IN THE FIELD Ul) LO LO PRIOR TO CONSTRUCTION. NOTIFY ENGINEER OF ANY DISCREPANCIES PRIOR TO ANY INSTALLATIONS. W r o r T 0 0 PROVIDE PIPE INSULATION WHERE SEWER (SANITARY OR STORM) CROSSES O " O WITHIN 18" OF WATER MAIN. 0 0 0 PROPOSED WATER MAIN SHALL BE 6" DIP CLASS 52. MECHANICAL JOINTS SHALL BE USED FOR WATER MAIN PIPES 4" IN DIAMETER AND E cu LARGER. RUBBER GASKETS SHALL CONFORM TO AWWA C111 (ANSI A21.11). Eco L — -0 c: MAINTAIN MINIMUM 7.5—FT COVER TO TOP OF ALL WATER MAIN PIPE. c3 Q :-. >_ 6 CL co c: SANITARY SEWER NOTES co c: c � w ��c (0) '0 cn ai EXISTING SANITARY SEWER LOCATION, SIZE, AND ELEVATION SHALL BE VERIFIED iE IN THE FIELD PRIOR TO CONSTRUCTION. NOTIFY ENGINEER OF ANY ) DISCREPANCIES PRIOR TO ANY INSTALLATIONS. PROPOSED SANITARY SEWER SHALL BE PVC SDR 35. STORM SEWER NOTES FIELD VERIFY SIZE, ELEVATION, AND LOCATION OF EXISTING STORM SEWER AND NOTIFY ENGINEER OF ANY DISCREPANCIES PRIOR TO ANY INSTALLATIONS. WHEN CALLED OUT AS PIPE, STORM SEWER SHALL BE REINFORCED CONCRETE PIPE (RCP) ANSI C76 WITH R-4 GASKETS OR, IF ALLOWED BY CITY, HDPE PIPE MAY BE USED. (SEE PLAN FOR LOCATIONS WHERE RCP IS REQUIRED.) HDPE PIPE SHALL MEET THE REQUIREMENTS OF AASHTO M294, TYPE S WITH WATERTIGHT CONNECTIONS. USE SAND/GRANULAR MATERIAL FOR BACKFILLING AND COMPACTION OF HDPE/PVC PIPE IN ACCORDANCE WITH THE REQUIREMENTS OF ASTM 2321. STORM SEWER LENGTHS INCLUDE THE LAYING LENGTH OF THE FLARED —END SECTION. LAYING LENGTH OF APRON TO BE DEDUCTED FROM PAYMENT LENGTH OF PIPE. ALL PORTIONS OF THE STORM SEWER SYSTEM LOCATED WITHIN 10 FEET OF THE BUILDING OR WATER SERVICE LINE MUST BE TESTED IN ACCORDANCE WITH MINNESOTA RULES, PART 4715.2820. STORM SEWER PIPES TO BE JOINED TO THE CATCH BASIN MANHOLES W/ APPROVED RESILIENT RUBBER JOINTS TO MAKE THEM GASTIGHT OR WATERTIGHT. CEMENT MORTAR JOINTS ARE PERMITTED ONLY FOR REPAIRS AND CONNECTIONS OF EXISTING LINES CONSTRUCTED WITH SUCH JOINTS. PROPOSED WATER PIPE >— PROPOSED SANITARY SEWER PIPE >) PROPOSED STORM SEWER PIPE PROPOSED DRAINTILE AND CLEAN —OUT DO PROPOSED STORM MANHOLE ❑ PROPOSED CATCH BASIN PROPOSED HYDRANT 928 PROPOSED CONTOUR 930 0920.60 PROPOSED SPOT ELEVATION (GUTTERLINE, BITUMINOUS SURFACE, OR GROUND SURFACE UNLESS OTHERWISE INDICATED) PROPOSED SILT FENCE -c=34.0% PROPOSED DIRECTION OF DRAINAGE PROPOSED BITUMINOUS r :� :•.:;..:.. PROPOSED CONCRETE PROPOSED INLET PROTECTION PROPOSED RETAINING WALL o Q 1-0 CD CD ca W COD _ 0 OC �. O W cm m O z U_ J CO W LO J — O� o Q N = a) U o 0 w Q 0 z Q J 0- PREPARED FOR: WATSONI- FORSBERG SITE PLANNING & ENGINEERING ENGINEERING, INC. 6776 LAKE DRIVE SUITE 110 LINO LAKES, MN 55014 PHONE: (651) 361-8210 FAX: (651) 361-8701 NORTH 0 10 20 1 INCH = 20 FEET C3 Know what's below. C1II before you dig. UTILITY PLAN GODDARD SCHOOL Agenda Item # 9B MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Jodi Gallup, Assistant to City Administrator DATE: July 1, 2015 MEETING: July 7, 2015 SUBJECT: Tierney Brothers Quote — Proposal for Audio Visual Service Staff has been working with our IT consultant Mike Brocco on a solution for the audio and visual needs in the City Council Chambers. Audio Needs The current sound system is from the 1980's and has been providing very poor sound quality, which is causing problems when creating the videos of the meetings that are posted to the City's website for the public to view. Visual Needs The council chambers currently has one overhead projector and a screen which makes it difficult for everyone in the room (especially the City Council members) to view what is on the screen. The current bulb in the overhead projector is also past its projected life. These bulbs are very expensive to replace since the technology is so outdated. Solution We solicited quotes from multiple audio/visual companies, but we were only able to get one company to come meet with us and provide a recommended solution since this is a small project compared to what these companies typically provide. After receiving the quote from Tierney Brothers, our IT consultant Mike Brocco looked up his pricing for each component and determined that Tierney Brothers was very competitive and lower or matched his pricing. Tierney Brothers are also experts in this field and will be able to provide the labor for installation cheaper than his pricing. Tierney Brothers' audio quote includes upgrading the gooseneck microphones, wireless microphone, cleaning up the floor cabling, sound system, speakers, amplifier, etc. The visual quote includes two 70" wall mounted LCD displays and a wireless presentation remote. Both quotes also include engineering, installation, DSP configuration, project management and training. Costs The total project costs will be $17,243.45. The city proposes to use cable franchise PEG fees to fund the project. The city currently has $12,401.71 in PEG fees available and staff recommends borrowing the remaining $4,841.74 from our Equipment Replacement Fund until additional PEG fees become available. At that time, we will pay ourselves back from the PEG fees. Recommended Action: Staff recommends approving the attached quote with Tierney Brothers to upgrade the audio and visual needs in the City Council Chambers using Cable Franchise PEG fees to fund the project. #TIERNEY Thursday, June 11, 2015 Michael Brocco City Of Medina Proposal for Audio -Visual Service RE: Council Chambers Update Opportunity Number: 8863 3300 University Avenue SE Minneapolis, MN 55414-3326 www.tierneybrothers.com 612.331.5500*800.933.7337*Fax - 612.331.3424 Scope of Integration Services Summary of Work to be completed by Tierney Brothers, Inc. at 2052 County Road 24 Medina MN 55340. (Please initial if address is correct or provide correct address. ) Tierney Brothers incorporated (TBI) is proposing to supply and install AV updates for the Council Chamber at the City of Medina. An audio upgrade and a video upgrade option are both provided. This will include: Video Upgrade TBI will supply two 70" commercial NEC E series LCD displays the come with a three (3) year warranty. One (1) of the displays will be mounted using a swing type wall mount and the second display will be mounted using a tilt style wall mount. Source to the displays will be an OFE laptop computer. The HDMI signal will routed through a HDMI over Cat 5 balun set to a 1:2 HDMI DA with the outputs being sent to each display also with HDMI over Cat5 baluns. A Logitech wireless presentation remote is included in this proposal. Audio Upgrade TBI will replace the existing table gooseneck microphones with new Shure MX418 Cardiod 18" gooseneck microphones. Cabling will be wire managed through a floor core and routed into the owner furnished equipment (OFE) cabinet and interfaced with a Biamp Tesira DSP audio processor. This will clean up the floor cabling currently in place. A wireless handheld microphone and podium mount will be supplied and installed. TBI will install a wall plate to plug in an existing OFE wireless mic cart for additional microphone capacity when needed. Outputs from the processor will feed an OFE Marantz PMD 670 digital audio recorder and a TBI supplied power amplifier. The amplifier will send audio to two (2) JBL Control 25AV wall mounted speakers for audio re -enforcement. Additionally TBI will supply an AVF LE 4001 lectern with color choice TBD. Engineering, Installation, DSP configuration, Project management and training are included. Client Responsibilities • Provide duplex power outlets at each LCD display • Provide wire pathways for all cabling to OFE equipment cabinet • Provide backing if needed to hang displays Note TBI project manager will go over client responsibilities at the project walk- through/project kick-off. We appreciate the opportunity to present this proposal. If you have any questions, please do not hesitate to contact us at your convenience at 612-331-5500. Our fax number is 612-331- 3424. Proposal Prepared By: Sales Representative - Heidi Harvey Sales Engineer - Tom Tautges Please initial to acknowledge and authorize the Scope of Integration Services presented here. #TIERNEY Illinois I Indiana I Iowa I Michigan I Minnesota I Ohio I Wisconsin Remit To: 3300 University Avenue SE, Minneapolis, MN 55414-3326 (612) 331-5500 1 (800) 933-7337 1 Fax (612) 331-3424 www.tierneybrothers.com Bill To City Of Medina 2052 County Road 24 Medina MN 55340 Initial if correct or revise accordingly 8/27/2015 209 Heidi Harvey MNS 21594 Quote Page 1 of 2 52432 5/29/2015 Ship To City Of Medina 2052 County Road 24 Medina MN 55340 Initial if correct or revise accordingly A - Council Chambers Update (SC) Qty Item Description Price Ext. Price ---------------------Video Equipment --------------------- 2 Integration Item LC70EQ30U 1,821.20 3,642.40 70" 1920 X 1080 LCD Display 1 TS525TU Thin Swing Arm Large 350.69 350.69 1 LTM1 U Large Fusion Micro -Adjustable Tilt Wall Mount 195.34 195.34 3 DL-HD70 HDMI Over Twisted Pair Set with power and control 264.84 794.52 1 60-997-01 Extron HDMI DA2 Two HDMI Output Distribution Amplifier 396.75 396.75 1 HAE 100 HAE 100 HDMI Audio De-Embedder 454.25 454.25 1 Wireless Presenter Control LCD timer: Set automatic, inaudible warnings that help you 48.95 48.95 R400 manage your delivery. Built-in slideshow controls: Start/end slideshow, slide forward/back, black screen, volume control. Integrated laser pointer: Highlight key points in your presentation. Freedom Storable 2.4 GHz wireless receiver: 50-foot operating range lets you roam freely during the presentation. Convenience Total power management: Up to 6 months battery life, LCD battery status indicator, and convenient on/off switch. Travels anywhere: Includes a storable receiver and carrying case. Plug and play: No software required for your Windows -based PC -plug in the wireless receiver and start making your point. 1 Integration Item Logitech R400 Wireless Presenter 0.00 0.00 1 Custom Cables, Custom Package of Cables, Connectors and Hardware Including: 591.50 591.50 Connectors, and HDMI, Bulk Cabling and Misc Hardware Hardware 1 Services: Design - Services: Design - State Contract (Non Construction) Engineering 616.00 616.00 State Contract and Project Management Services 9.63 Hours at $64.00/Hour 1 Services - State Contract (Non Construction) Installation Services (Non -Union, 402.00 402.00 Integration for MN Non Prevailing Wage; Normal Business Hours). Union and/or State Contract Prevailing Wage rate requirement will result in a change order to the client. 5.74 Hours at $70.00/Hour 1 TBIPM1YRWARR Tierney Brothers, Inc. Premium Warranty Plan - Coverage for one 630.00 630.00 year with preventative maintenance. If tax has not been included on this proposal, pricing does not include Minnesota General Sales Tax under Minnesota Statues Chapter 297A Section 70 "Exemptions for Governments and ETTIERNEY QuO1e Page 2 of 2 52432 5/29/2015 City Item Description Price Ext. Price Nonprofit Groups." Please inform us if this project will be used for taxable purposes. If tax has been included on this proposal, we do not have a tax exempt form on file for your account. Please provide a completed Form ST3, Certificate of Exemption if applicable. This quotation is for product and services included on the Minnesota State Contract only. * Additional components not available on Contract may be needed for the system to function as designed. * Installation and non contract items provided on separate quotation. The services on this page must be purchased in conjunction with the Integration services on the Contract Release portion of this proposal. * Cabling is a combination of pre -terminated product and bulk cable requiring termination with a specific compression tool. * Manufacturer's warranties only apply to product purchased on State Contract portion of this proposal. * Tierney Brothers, Inc. will assist in any vendor communications to obtain replacements or return product as specified in the Contract. To accept this quotation, complete the proposal summary page at the end of this document. Please review the terms, conditions and client responsibilities of this proposal in full. The information contained within this proposal is supplied to you on a confidential basis and is not for Total $8,122.40 disclosure to any organization without written consent of Tierney Brothers, Inc. #TIERNEY Illinois I Indiana I Iowa I Michigan I Minnesota I Ohio I Wisconsin Remit To: 3300 University Avenue SE, Minneapolis, MN 55414-3326 (612) 331-5500 1 (800) 933-7337 1 Fax (612) 331-3424 www.tierneybrothers.com Bill To City Of Medina 2052 County Road 24 Medina MN 55340 Initial if correct or revise accordingly 8/30/2015 209 Heidi Harvey Transaction Not Eligible Quote 52493 6/1/2015 Ship To City Of Medina 2052 County Road 24 Medina MN 55340 Initial if correct or revise accordingly A - Council Chambers Update (NC) Qty Item Description Price Ext. Price Non -Contract Services - This sale is consistent with the "Contract Release Construction Language Modification" associated with the MN State Contract. 1 Services - Non Contract Installation Services - Construction Services by a 675.00 675.00 Integration for MN Contract Vendor (Union; Normal Business Hours) 9 Hours at State Contract $75.00/Hour To accept this quotation, complete the proposal summary page at the end of this document. Please review the terms, conditions and client responsibilities of this proposal in full. The information contained within this proposal is supplied to you on a confidential basis and is not for Total $675.00 disclosure to any organization without written consent of Tierney Brothers, Inc. #TIERNEY Illinois I Indiana I Iowa I Michigan I Minnesota I Ohio I Wisconsin Remit To: 3300 University Avenue SE, Minneapolis, MN 55414-3326 (612) 331-5500 1 (800) 933-7337 1 Fax (612) 331-3424 www.tierneybrothers.com Bill To City Of Medina 2052 County Road 24 Medina MN 55340 Initial if correct or revise accordingly 8/27/2015 209 Heidi Harvey MNS 21594 Quote Page 1 of 2 52429 5/29/2015 Ship To City Of Medina 2052 County Road 24 Medina MN 55340 Initial if correct or revise accordingly B - Audio (SC) Qty Item Description Price Ext. Price ---------------------Audio Equipment --------------------- 1 TesiraFORTE Al TesiraFORTE DSP fixed 1/0 server with 12 analog inputs, 8 analog 1,532.82 1,532.82 outputs, and 8 channels configurable USB audio 1 CSA1120Z 1 x 120W Amplifier, Fanless, 70/100V, 1 U Half -Rack 359.03 359.03 2 Integration Item Control 25AV 155.77 311.54 Premium Monitor Speaker. 5.25" Two -Way 1 SLX24/SM58-G4 Handheld System 484.50 484.50 6 Integration Item MX418SE/C 192.66 1,155.96 18" Gooseneck w/ Built -in Pre -Amp, and Mute Switch Owner Furnished Product -Marantz PMD-670 SD Audio Recorder 1 Interface System Custom Package - Interface Plate 100.89 100.89 1 Furniture/Rack Furniture/Rack Solution V-Lectern 48.5" High and 25" deep 415.31 415.31 Solution 1 Custom Cables, Custom Package of Cables, Connectors and Hardware Including: 441.00 441.00 Connectors, and Bulk Cabling and Misc Hardware Hardware 1 Services: Design - Services: Design - State Contract (Non Construction) Engineering 1,000.00 1,000.00 State Contract and Project Management Services 15.63 Hours at $64.00/Hour 1 Services - State Contract (Non Construction) Installation Services (Non -Union, 1,102.00 1,102.00 Integration for MN Non Prevailing Wage; Normal Business Hours). Union and/or State Contract Prevailing Wage rate requirement will result in a change order to the client. 15.74 Hours at $70.00/Hour 1 Programming and Programming and Configuration Completed in the Field or In House 358.00 358.00 Configuration 3.11 Hours at $115.00/Hour Includes 90-day Programming Warranty; allowing for modifications to be made to the initial functionality within this time frame at no charge. Appointment times determined by Tierney Brothers. Changes requested after this time will be billable at standard hourly rates. 1 TBIPM1YRWARR Tierney Brothers, Inc. Premium Warranty Plan - Coverage for one 630.00 630.00 year with preventative maintenance. If tax has not been included on this proposal, pricing does not include Minnesota General Sales Tax under Minnesota Statues Chapter 297A Section 70 "Exemptions for Governments and Nonprofit Groups" Please inform us if this project will be used for [fTIERNEY QuO1e Page 2 of 2 52429 5/29/2015 City Item Description Price Ext. Price taxable purposes. If tax has been included on this proposal, we do not have a tax exempt form on file for your account. Please provide a completed Form ST3, Certificate of Exemption if applicable. * This quotation is for product and services included on the Minnesota State Contract only. * Additional components not available on Contract may be needed for the system to function as designed. * Installation and non contract items provided on separate quotation. The services on this page must be purchased in conjunction with the Integration services on the Contract Release portion of this proposal. * Cabling is a combination of pre -terminated product and bulk cable requiring termination with a specific compression tool. * Manufacturer's warranties only apply to product purchased on State Contract portion of this proposal. * Tierney Brothers, Inc. will assist in any vendor communications to obtain replacements or return product as specified in the Contract. To accept this quotation, complete the proposal summary page at the end of this document. Please review the terms, conditions and client responsibilities of this proposal in full. The information contained within this proposal is supplied to you on a confidential basis and is not for Total $7,891.05 disclosure to any organization without written consent of Tierney Brothers, Inc. #TIERNEY Illinois I Indiana I Iowa I Michigan I Minnesota I Ohio I Wisconsin Remit To: 3300 University Avenue SE, Minneapolis, MN 55414-3326 (612) 331-5500 1 (800) 933-7337 1 Fax (612) 331-3424 www.tierneybrothers.com Bill To City Of Medina 2052 County Road 24 Medina MN 55340 Initial if correct or revise accordingly 8/30/2015 209 Heidi Harvey Transaction Not Eligible Quote 52503 6/1/2015 Ship To City Of Medina 2052 County Road 24 Medina MN 55340 Initial if correct or revise accordingly B - Audio (NC) Qty Item Description Price Ext. Price Non -Contract Services - This sale is consistent with the "Contract Release Construction Language Modification" associated with the MN State Contract. 1 Services - Non Contract Installation Services - Construction Services by a 525.00 525.00 Integration for MN Contract Vendor (Union; Normal Business Hours) 7 Hours at State Contract $75.00/Hour 1 Integration Item WindTech GN13 11.00 11.00 13" Gooseneck, Chrome 1 AD12B Surface Mount Male Microphone Flange with 5/8'-27 Thread in 9.00 9.00 Chrome To accept this quotation, complete the proposal summary page at the end of this document. Please review the terms, conditions and client responsibilities of this proposal in full. The information contained within this proposal is supplied to you on a confidential basis and is not for disclosure to any organization without written consent of Tierney Brothers, Inc. Subtotal 545.00 Shipping Cost (UPS Ground) 10.00 Total $555.00 9TIERNEY Responsibilities and Conditions 3300 University Avenue SE Minneapolis, MN 55414-3326 www.tierneybrothers.com 612.331.5500#800.933.7337*Fax - 612.331.3424 Client Responsibilities Tierney Brothers Responsibilities (Upon Authorization) Contract a licensed electrician to provide high voltage power Proceed with ordering the specified equipment and preparing a connections. The system design will determine if optimum schedule for completion of the proposed services. placement of outlets is best achieved before or after the installation of the AV equipment. The assigned Project Manager will Conduct pre -installation site visit (if necessary) involving the main site communicate the specific to you during the project planning. contact, site facilities representatives and a Tierney Brothers' project Tierney Brothers recommends that each projector, TV, plasma, LCD, manager or a qualified alternate. etc. have a dedicated quad electrical outlet. Provide Tierney Brothers with any existing system design specifications, diagrams, room drawings or other materials that would facilitate completion of the proposed Scope of Integration Services. All necessary ceiling the work involved in the installation, unless an alternative has been indicated in the Scope of Integration Services in this proposal. Prepare, replace, repair or modify any structural or cosmetic changes that Tierney Brothers has made or needs to make. This includes, but is not limited to, ceiling grids, floor tiles, walls and pre- existing equipment. This does not include repair for accidental damage caused by Tierney Brothers. Confirm area is ready for installation when scheduled. This includes but is not limited to the room being vacated, physical conditions confirmed and owner furnished equipment (OFE) available. If the area is not prepared for installation when scheduled or the client has not notified Tierney Brothers five business days in advance of any schedule change or installation cancellation, there will be a $350.00 charge. Rescheduling of the installation will be set for a later date as determined by Tierney Brothers. TBI will not be responsible for the condition and functionality of any existing OFE during the installation process. This includes de -install and reinstall of OFE. Should existing equipment fail or not work properly with our system design, the customer will have the option of sourcing a TBI approved replacement part or TBI will offer a billable replacement alternative. If OFE malfunction causes delays in the installation timeframe, additional billable labor charges may apply. Clients purchasing SMART product are responsible for loading all SMART software on the applicable computers and connection of these computers to the SMARTboard prior to any scheduled training sessions. Complete Customer Configuration Worksheets as requested by Tierney Brothers within five business days. This information is required to properly integrate the new equipment with your existing IT infrastructure. TBI requires access to customer's computer and network at the time of installation to be able to complete installation and testing of the designed system. Return visits to test equipment and functionality may result in additional charges. TBI's initial estimates assume all work may be completed using standard ladders. If a lift is required, additional charges will be incurred and presented as part of a change request. For U of M Installations only: University of Minnesota customers are responsible for contacting their Facilities Management Department to coordinate conduit installation for all AN wire and cable installations. Review scope, terms and conditions of the installation with the client at the pre -installation site visit. This will include, but is not limited to electrical, construction and cosmetic responsibilities. Basic system training, separate from Professional Development, is included in this proposal. This training will be scheduled and completed by a Tierney Brothers' representative at the end of the project installation. If Professional Development is part of this proposal, sessions must be scheduled within six months of install completion. Clients purchasing SMARTboards: After the installation of the SMARTboard is complete, the SMARTboard USB connection will be tested using the Tierney Brothers installer's laptop. After system functionality is confirmed, the USB connection will be hooked into the client's computer if it is present in the space. For safety reasons, Tierney Brothers will not modify/cut the trays on existing white boards or chalk boards. A solution for mounting over the existing board will be proposed. Any modifications to the existing board would need to be made by the customer prior to the arrival for Tierney Brothers' installation personnel. Scheduling Installations are typically scheduled six to eight weeks from receipt of the customer's purchase order. Custom ordered product may increase the time needed to complete the proposed services. Standard service and support is limited to Monday through Friday, 8:00 AM to 5:00 PM central standard time, excluding national holidays. Expanded service hours may be available for an additional charge if determined necessary. This schedule assumes no delays or obstacles will be encountered in gaining access for the installation. Site Conditions Tierney Brothers cannot enter into work in or otherwise disturb any areas containing asbestos. Tierney Brothers recommends that each Projector, TV, Plasma, LCD, etc. have a duplex receptacle fed off of a dedicated 20 amp circuit available for use. Systems containing multiple racks of amplifiers or other equipment may require additional circuits. Please initial to acknowledge and authorize the Responsibilities and Conditions presented here. #TIERNEY 3300 University Avenue SE Minneapolis, MN 55414-3326 www.tierneybrothers.com 612.331.5500+800.933.7337*Fox - 612.331.3424 Proposal Terms Accounting Terms For installations scheduled to take 30 days or less from the first day on site to the last, Tierney Brothers will invoice the total project in full upon substantial completion. Tierney Brothers reserves the right to bill progressively for installations which are scheduled to take more than 30 days on site. The balance is due Net 30 days from the installation completion date, with 2% interest added to unpaid balance. Sales Taxes All applicable sales tax amounts will be charged on the sale of goods or services according to each governing law and remitted to the proper taxing authority. If your organization is tax exempt, please complete an exemption certificate and return to Tierney Brothers. Proposal Changes If additional products or services are requested prior to receipt of your signed purchase order or quote proposal, Tierney Brothers will provide an updated quote proposal, including a revised scope. If additional products or services are requested after receipt of your signed purchase order or quote proposal, Tierney Brothers will provide a change request quote with the requested equipment and scope to detail the requested changes for your approval. Upon receipt of your signed purchase order or quote proposal, Tierney Brothers will proceed with the authorized services and invoice in accordance with the purchase order or quote proposal. Verbal agreements will not be processed until confirmation, in writing, has been received. There may be a 20% to 30% restocking fee plus freight charges for those items ordered which have to be returned to the manufacturer due to customer request or by change of order. Custom order products and certain product lines not typically carried by Tierney Brothers may not be returned. Other Terms Installation Warranty See specific warranty coverage program outlined in this proposal. Repair or replacement service for TBI installed consumer grade monitors/displays are subject to manufacturer warranty and service. TBI does offer de-install/re-install assistance for vendor warranty repair or replacement at an additional charge. Programming Warranty The programming warranty is 90 days, starting at the commission of the system. Changes or fixes to the system after this time will be billable at our standard service call rates." Labor Classifications and Assumptions Unless mutually agreed upon in writing prior to executing this agreement, it is the understanding of both parties that Union and/or Prevailing Wage regulations, specifically those contained in 40 U.S.C. 276a-5, or MN Stat § 177.41-177.44, do not apply to the work to be performed under this contract. Unless travel charges are specified, this proposal assumes Tierney Brothers, Inc. has local certified, licensed and insured technicians available to complete the integration services. In the event, the job site is located in a geographical area where this does not apply or a specific installation time is requested for which this personnel is not available, additional charges may apply. All hours for installation are assumed to be between 8am and 5pm (normal business hours) unless specified in this proposal. Request for work outside of normal business hours will be subject to the following increased hourly labor rates: - Second Shift (3:00pm to I0:00pm) will be billed at one and a half times our standard labor rate. - Weekend or Holiday hours will be billed at two times our standard labor rate. Requests for installations outside our normal business hours are subject to approval by the Director of Post Sales Integration. NOTICE CONFIDENTIAL INFORMATION - The information in this proposal is proprietary and strictly confidential. It is intended solely for the use of the named parties. If the reader of this proposal is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, any dissemination, distribution, copying or other use of the information contained in this document is strictly prohibited. If this has been received in error, please notify the responsible party immediately and then delete this proposal from all data storage devices and destroy all hard copies. Video recording of a Tierney Brothers SMART Certified Trainer or Professional Development session, and copying or distribution of any printed material supplied by Tierney Brothers Inc., is protected content under copyright licensing and can be used only with express permission from Tierney Brothers, Inc. Any video or digital content created during a training session can be used only within the organization paying for such services and cannot be shared online or distributed in any manner. This quotation is valid for a period of 90 days. Please initial to acknowledge and authorize the Proposal Terms presented here. #TIERNEY 3300 University Avenue SE Minneapolis, MN 55414-3326 www.tierneybrothers. c o m 612.331.5500*800.933.7337*Fax - 612.331.3424 Tierney Brothers Premium Warranty Program Designed for: City Of Medina Tierney Brothers, Inc. warrants the installation you have purchased from Tierney Brothers, Inc. from defects in materials and workmanship, under normal use, during the One Year Premium Warranty period. Normal use is defined as operating the system within its designed specifications. Included in the One Year Premium Warranty the customer will receive: • Unlimited Phone Support • On -site service • Discounts on Lamps and Accessories • Preventative Maintenance Check Preventative Maintenance Check will be completed toward the end of the one year warranty period. The warranty period commences on the date of customer signoff, at the completion of the install by Tierney Brothers, Inc. During the warranty period, Tierney Brothers, Inc. will first work to resolve any problems by troubleshooting over the phone. If Tierney Brothers, Inc. Support Specialists determine that the issue cannot be resolved over the phone, a Technician will be dispatched to your location(s) within 24 hours (if necessary) of the original call (Monday through Friday 8:00am - 5:00pm, excluding national holidays). Customers outside of a 150 mile radius of Tierney Brothers, Inc. are subject to mileage and trip charges. If service is required after the One Year Premium Warranty period has expired, the customer will be billed at Tierney Brothers, Inc. current labor rates. If the customer has purchased a Tierney Brothers, Inc. Extended Maintenance Agreement, that will commence at the end of the One Year Premium Warranty. If you would like additional information regarding Tierney Brothers, Inc. Extended Maintenance Agreements, please contact your Tierney Brothers, Inc. Sales Representative at 612-331-5500. Obtaining Warranty Service To obtain warranty service, you must contact a Tierney Brothers, Inc. Support Specialist at 612-331-5500 or by email at techservice@tierneybrothers.com. The model and serial number on failed equipment may be required when requesting warranty service (if applicable). The customer will be required to describe the nature of the failure, and may be required to perform other failure identification or isolation activities while working with the Support Specialist over the phone. An on -site visit will be performed only if it is deemed by Tierney Brothers, Inc. Support Specialists that the issue can't be resolved over the phone. Obtaining Your Preventative Maintenance Check Schedule your preventative maintenance appointment online by visiting the following page and registering for an available time slot on the right hand side: http://www.tierneybrothers.com/train ina/29213/PreventativeM aintenanceCheck-Premium W arrantyHolders.asip When scheduling your preventative maintenance check please make sure to follow the requirements for scheduling. If you have any questions or would rather contact a support specialist, please call 612-331-5500, Option 2. You can also email our support specialists at techicalservice@tierneybrothers.com if you have questions. Limitations of coverage The following items are excluded from coverage under the warranty: a. Equipment that has been removed or reinstalled in a different location b. Damage or other equipment failure due to causes beyond our control including, but not limited to, operator negligence, the failure to maintain the equipment according to the owner's manual instructions, abuse, vandalism, theft, fire, flood, wind, freezing, power failure, inadequate power supply, acts of war or acts of God. c. Any utilization of equipment that is inconsistent with either the design of the equipment or the way the manufacturer intended the equipment to be used. d. Premium Warranty covers all hardware related failures. Network or software related failures are not covered under Tierney Brothers, Inc. Premium Warranty. e. Operational or mechanical failure which is not reported prior to expiration of this contract. #TIERNEY 3300 university Avenue SE Minneapolis, MN 55414-3326 www.tierneybrothers. c o m 612.331.5500*800.933.7337*Fax - 612.331.3424 Tierney Brothers Premium Warranty Program Designed for: City Of Medina f. Equipment where the serial plate attached to the equipment is removed, defaced or made illegible. g. Damage resulting from unauthorized repair, software virus, improper electrical wiring and connections. h. Existing Owner Furnished equipment. i. Lift and Scaffolding rental is not included. This maintenance contract refers to: Council Chambers Update 8863 I have read, understand and agree to the above terms and conditions per the plan elected. Authorized Signature: Date: #TIERNEY City Of Medina Council Chambers Update 8863 Proposal Summary State Contract Total Job A: $ 8,122.40 Non Contract Total Job A: $ 675.00 Proposal Total Job A: $ 8,797.40 State Contract Total Job B: $ 7,891.05 Non Contract Total Job B: $ 555.00 Proposal Total Job B: $ 8,446.05 3300 University Avenue SE Minneapolis,. MN 55414-3326 www.tierneybrothers.com 612.331.5500+800.933.7337*Fax - 612.331.3424 Please Initial to Accept or Decline Please Acknowledge All Proposals Accept Decline Project Total: $ 17,243.45 *Proposal total if all quotes are accepted. The undersigned authorizes Tierney Brothers to proceed in accordance with the proposal including options elected and agrees as a representative of the client to be responsible for payment. By signing below, the client has read and understands the scope of services and agrees to the client responsibilities and conditions. Client's Name: Authorized Signature: *Client's Email Address: *Client's Email Address: Date: *Please note, one or more items on your quote may include software. Our vendors require two unique email addresses with different domain names to be submitted with software orders. These email addresses will receive the electronic key codes required to download and install your new software. Please include these two email addresses with your purchase order at the time your order is placed. Agenda Item # 9C MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Jodi Gallup, Assistant to City Administrator DATE: July 1, 2015 MEETING: July 7, 2015 SUBJECT: Code of Ordinances Regarding Alcoholic Beverage Licenses Background On July 17, 2014 the City Council amended the city code for alcoholic beverage licenses to allow for on -sale brewer taproom licenses, off -sale small brewer licenses, and microdistillery cocktail room licenses. On November 18, 2014, the code was further amended to allow for Sunday sales to on -sale brewer taproom licenses. During the 2015 legislative session, additional liquor legislation was passed. Below are some of the main points of the legislation that the City of Medina should take action on: • Recodified some of the Minnesota Statutes regarding liquor which our city code references and now needs to be updated. • Allowed taprooms to sell off -sale growlers on Sundays. • Allowed Sunday licenses to serve intoxicating liquor with food on Sundays as early as 8 a.m. (previously couldn't serve until 10 a.m.). This is called the "Bloody Mary" law. • Amended temporary license provisions (specifically allowing Microdistilleries to hold a temporary license in connection with a social event). Ordinance Amendment I have prepared the attached ordinance amendment to update our liquor code to reflect the 2015 legislative changes. As you review the code, you will notice that I did a complete rewrite of two sections of the code to make it easier to follow. The types of licenses are now organized by category (off -sale, on -sale, temporary, Sunday). I also rewrote the days and hours of sale section to more clearly allow for growler off -sales on Sunday. In Ron Batty's absence, Attorney Sarah Sonsalla with Kennedy & Graven reviewed the updated ordinance and provided additional definitions and technical clarifications which have been included in the attached amendment. Recommended Action: 1. Approve Ordinance Amending City Code Section 625 2. Approve Resolution Authorizing Publication of the Ordinance Amending City Code Section 625 by Title and Summary CITY OF MEDINA ORDINANCE NO. An Ordinance Amending Section 625 of the Code of Ordinances Regarding Alcoholic Beverage Licenses The city council of the city of Medina ordains as follows: SECTION I: Medina Code Section 625.02 is amended by adding the double underlined material as follows: Brewer Taproom. "Brewer Taproom" means the on -sale of malt liquor produced by a brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. The holder of a brewer taproom license may also operate a restaurant at the brewery. Brew Pub. "Brew Pub" means a brewer who also holds one or more retail on -sale licenses and who manufactures fewer than 3,500 barrels of malt liquor in a year, at any one licensed remises, the entire production of which is solely for consumption on tap on any licensed remises owned by the brewer, or for off -sale from those licensed premises as permitted by this Section. Required Packaging. "Required Packaging" means that malt liquor authorized for off -sale pursuant to this Section must be packaged in 64-ounce containers, commonly known as "growlers" or in 750 milliliter bottles. The containers or bottles must bear a twist -We closure, cork, stopper, or plug. At the time of sale, a paper or plastic adhesive band, strip, or sleeve must be applied to the container or bottle and extended over the top of the twist -we closure, cork, stopper, or plug forming a seal that must be broken upon opening the container or bottle. The adhesive band, strip, or sleeve shall bear the name and address of the brewer. The containers or bottles shall be identified as malt liquor, contain the name of the malt liquor, and bear the name and address of the breWub or brewer selling the malt liquor. Small Brewer. "Small Brewer" means a brewer who manufactures fewer than 3,500 barrels in a year• After the above paragraphs are inserted into this Section, all other paragraphs in this Section shall be renumbered accordingly. SECTION II: Medina Code Section 625.03 is amended by deleting the semen material and adding the double underlined material as follows: Section 625.03. License Required. Subd. 1. Except as provided in this ordinance, no person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, allow the display or consumption, or otherwise dispose of alcoholic beverages as part of a commercial or retail transaction without having first obtained the appropriate license or permit. Ordinance No. July 7, 2015 Subd. 2. Notice to Commissioner. Within 10 days of the issuance of a license for intoxicating liquor, wine or 3.2 percent malt liquor, the City shall inform the commissioner, on the form the commissioner prescribes, of the licensee's name and address and trade name, the effective date and expiration date of the license. The City shall also inform the commissioner of a license transfer, cancellation, suspension, or revocation during the license period. Subd. 3. Types of Licenses: Intoxicating Liquor. The following licenses may be issued by the City: (a) Intexileafing liquor.: MINIM I ORION AMR" Ordinance No. 2 July 7, 2015 ORION AMR" Ordinance No. 2 July 7, 2015 sehool building. :a..,.. The lielense be isstied for- than 7-2 will not a period greater- erse�rs�ar.�a�r ersne�s�e�.e�r.�EY�n (e) Wine License. "Wine License" shall pefmit the on premise sale and elonsumption of wine efll-y, ��. yT��ST�i�Efs�lREff ! . S'�iSf�ISESff:lSS1S}��l�STJS�+'ElliT�l�Slr�: IN ■ � , .ltS'tff�'.!ll�R�RL'!i �.!!�l�S}7�l�S'tff�2lf��RSlfl�Tl:Rf (a) Off -Sale Licenses. 1) Exclusive Liquor Store. The city may issue an off -sale intoxicating liquor license to an exclusive liquor store as authorized by Minnesota Statutes Section 340A.405, subdivision 1. 2) Off -Sale 3.2 Percent Malt Liauor. The citv may issue an off -sale 3.2 percent malt liquor license as authorized by Minnesota Statutes Section 340A.403. subdivision 1. Any person licensed to sell intoxicating liquor at off -sale shall not be required to obtain an off -sale 3.2 percent malt liquor license under this section and may sell 3.2 percent malt liquor at off -sale without obtaining an additional license. 3) Small Brewer. The city may issue an off -sale malt liquor license to a Ordinance No. July 7, 2015 (a) Off -Sale Licenses. 1) Exclusive Liquor Store. The city may issue an off -sale intoxicating liquor license to an exclusive liquor store as authorized by Minnesota Statutes Section 340A.405, subdivision 1. 2) Off -Sale 3.2 Percent Malt Liauor. The citv may issue an off -sale 3.2 percent malt liquor license as authorized by Minnesota Statutes Section 340A.403. subdivision 1. Any person licensed to sell intoxicating liquor at off -sale shall not be required to obtain an off -sale 3.2 percent malt liquor license under this section and may sell 3.2 percent malt liquor at off -sale without obtaining an additional license. 3) Small Brewer. The city may issue an off -sale malt liquor license to a Ordinance No. July 7, 2015 small brewer as authorized by Minnesota Statutes Section 340A.28 for the off -sale of malt liquor at its licensed premises that has been produced and packaged by the brewer. The license must be approved by the Commissioner of Public Safety. The amount of malt liquor sold at off - sale may not exceed 500 barrels annually. Malt liquor sold at off -sale under this license must be packaged in the required packaging. 4) Brew Pub. The city may issue an off -sale malt liquor license to a brew pub as authorized by Minnesota Statutes Section 340A.24 for the off -sale of malt liquor at its licensed premises that has been produced and packaged on the licensed premises. Malt liquor sold at off -sale under this license must be packaged in the required packaging. 5) Microdistillerv. The city may issue an off -sale intoxicating liquor license to a microdistillery as allowed by Minnesota Statutes Section 340A.22 for the off -sale of distilled spirits. The license may allow the sale of one 375 milliliter bottle per customer per day of product manufactured on -site. No brand of distilled spirits may be sold at the microdistillery unless it is also available for distribution by wholesalers. b) On -Sale Licenses. 1) Intoxicating Liquor. The city may issue an intoxicating liquor license as authorized by Minnesota Statutes Section 340A.404. subdivision 1. (2) Wine. The city may issue an on -sale license to sell wine as authorized by Minnesota Statutes Section 340A.404, subdivision 5. 3) 3.2 Percent Malt Liauor. The citv may issue an on -sale 3.2 percent malt liquor license as authorized by Minnesota Statutes 340A.403. subdivision 1. Any person licensed to sell intoxicating liquor at on -sale shall not be required to obtain an on -sale 3.2 percent malt liquor license under this section and may sell 3.2 percent malt liquor at on -sale without further license. 4) Brew Pub. The city may issue an on -sale intoxicating liquor license or a 3.2 percent malt liquor license as authorized by Minnesota Statutes Section 340A.24 for a restaurant operated by a brewpub in the place of manufacture. 5) Brewer Taproom. The citv may issue a brewer taproom license as authorized by Minnesota Statutes Section 340A.26 for the on -sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. A holder of a brewer taproom license may operate a restaurant at the brewery. A brewer taproom license will not be issued to a brewer or anyone having an Ordinance No. July 7, 2015 economic interest in the brewer seeking the license or exercising control over the brewer seeking the license that is a brewer that brews more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. No single entity shall hold both a microdistillery cocktail room and brewer taproom license. A microdistillery cocktail room and a brewer taproom must not be co - located. (6) Microdistillery Cocktail Room. The city may issue a microdistillery cocktail room license as authorized by Minnesota Statutes Section 340A.22 for the on -sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller. The holder of a microdistillery cocktail room license may also operate a restaurant at the distillery. No single entity shall hold both a microdistillery cocktail room and a brewer taproom license. A microdistillery cocktail room and a brewer taproom must not be co -located. 7) Culinary Classes. The city may issue a limited on -sale intoxicating liquor license to a business establishment for culinary or cooking classes as authorized by Minnesota Statutes Section 340A.4041. c) Temporary Licenses. 1) Social Event Sponsored by a Club. Charitable. Religious or Nonprofit Organization. The city may issue a temporary on -sale license to sell intoxicating liquor to a club or to a charitable, religious, or other nonprofit organization in existence for at least three years in connection with a social event within the city sponsored by such organization as authorized by Minnesota Statutes Section 340A.404. 2) 3.2 Percent Malt Liauor Served by Club. Charitable. Religious or Nonprofit Organization. The city may issue a temporary license to a club or to a charitable, religious, or nonprofit organization for the on -sale of 3.2 percent malt liquor as authorized by Minnesota Statutes Section 340A.403, subdivision 2. 3) Social Event Sponsored by a Small Brewer or Microdistillerv. The cit may issue a temporary on -sale intoxicating liquor license to a small brewer or microdistillery in connection with a social event sponsored by such entity as authorized by Minnesota Statute Section 340A.404, subdivision 10 (c). 4) Farm Winery at a County Fair. The city may issue a temporary license to a farm winery for the on -sale of intoxicating liquor at a county fair as authorized by Minnesota Statute Section 340A.404, subdivision 10a. Ordinance No. July 7, 2015 5) Wine Auction. The city may issue a temporary license for the off -sale of wine at an auction as authorized by Minnesota Statute Section 340A.405. subdivision 4. 6) Wine Festival. The city may issue a temporary license to a bona fide association of owners and operators of wineries sponsoring an annual festival to showcase wines produced by members of the association as authorized by Minnesota Statutes Section 340A.4175. 7) Community Festivals. The city council may authorize a holder of a retail on -sale intoxicating liquor license issued by the city to dispense intoxicating liquor off premises at a community festival held within the city as authorized by Minnesota Statutes Section 404, subdivision d) Sunday Licenses. The city may issue licenses to sell intoxicating liquor on -sale on Sundays to a hotel, restaurant, club or bowling center as allowed by Minnesota Statute 340A.504, subdivision 3. Subd. 4. "Consumption and Display Permit" shall allow a bottle club the on -premise consumption or display of intoxicating liquor. The permit does not authorize the sale of intoxicating liquor. The permit may be issued by the commissioner but must be approved by the city council. All permits issued under this section expire on March 31 of each year. Subd. 5. License Classes: Intoxicating Liquor. (a) The on -sale licenses under which intoxicating liquor may be sold shall be divided into the following four classes, which shall be based upon the size of the licensed premises: (1) Class A: A licensed premises of 20,000 square feet or greater in area; (2) Class B: A licensed premises of at least 12,000 square feet, but less than 20,000 square feet in area; or (3) Class C: A licensed premises of at least 6,000 square feet, but less than 12,000 square feet in area; or (4) Class D: A licensed premises less than 6,000 square feet in area. (b) In the case of a restaurant or club licensed for on -sale of alcoholic beverages and located on a golf course, the licensed premises means the entire golf course except for areas where motor vehicles are regularly parked or operated. Subd. 6. Outdoor Areas. A licensee whose license permits the on -sale of alcoholic beverages shall be permitted to sell, serve and allow consumption of alcoholic beverages in an outdoor area, provided that the following conditions are met: Ordinance No. July 7, 2015 (a) the outdoor area is immediately adjacent to the building or structure comprising the remainder of the licensed premises and such outdoor area is specifically described as part of the licensed premises in the approved license application; (b) the outdoor area is completely enclosed by a fence or other barrier preventing any external ingress or egress from the area; (c) access to the outdoor area is available only through the interior portions of the licensed premises; (d) no bars or pass -through windows shall be permitted in the outside area; (e) there shall be no music audible off the property and exterior lighting shall be designed and installed so that the globe is recessed and enclosed on all sides except the bottom and no light is cast directly on any other property; (f) no alcoholic beverages shall be served after 10:00 p.m. nor consumed after 10:30 p.m. in the outside area; and (g) outside area shall be compact in size and shall not exceed an area as may be considered reasonably by city council. For the purpose of determining the appropriate on -sale license class, the outdoor area shall be included in the licensed premises but at a rate equal to one-half the actual square footage of the outdoor area. SECTION III: Medina Code Section 625.26 is amended by deleting the stfieke material and adding the double underlined material as follows: Sections 625.26. Hours and Days of Sale. Subd. 1. On sale intoxieating fiquoF. No sale of intwdeating liquef of wine for consuffiPtio on the heensed premises may be ma&! All licenses. Licensees must strictly comply with the hour and day sale limitations set forth in Minnesota Statutes Section 340A.504 for each type of license held by the licensee. In addition, the following provisions apply to Sunday sales. a) On -Sale of Intoxicating Liquor. Except as provided in paragraph (b) below, the on -sale of intoxicating liquor on a Sunday requires a Sunday sales license. b) On -Sale Brewer Taproom. The holder of an on -sale brewer taproom license is authorized Ordinance No. July 7, 2015 to conduct on -sale business on Sundays between the hours of 8:00 a.m. and 11:59 p.m. without having to obtain a separate Sunday sales license. c) Off -Sale Growlers. Malt liquor in growlers only may be sold by brew pubs, brewer taprooms and small brewers at off -sale on Sundays between the hours of 8:00 a.m. on Sunday and 11:59 p.m. without having to obtain a separate Sunday sales license. Growlers must meet the definition of "required packaging" that is set forth in this Section. • eer!i!*er��!*esss eers�!�r:rse!�e!�.es . .. Etll'i�l74lPi�ZSS'PfE!!� ?i'fiiL-?�ri►� Subd. -5-2. Consumption and Display Permit. No establishment holding a consumption and display permit may permit a person to consume or display intoxicating liquor, and no person may consume or display intoxicating liquor, between 2:00 a.m. and 10:00 a.m. on Sundays, and between 2:00 a.m. and 8:00 a.m. on Monday through Saturday. Subd. b 3. Permission Required. (a) All licensees must obtain a permit from the commissioner to sell intoxicating liquor or 3.2 percent malt liquor between the hours of 1:00 a.m. and 2:00 a.m. Permits are effective for a year after issuance. Ordinance No. July 7, 2015 (b) A holder of a consumption and display permit must obtain authorization from the commissioner to allow the consumption and display of intoxicating liquor between the hours of 1:00 a.m. and 2:00 a.m. The authorization may be provided in a document issued to the permit holder by the commissioner, or by a notation on the permit holder's permit. Authorizations are valid for one year from the date of issuance. Subd. 7 4. Evacuation. Any licensed premise named in any on -sale license, and every part thereof except those portions used exclusively for food service, shall be closed and be kept closed to the public within 30 minutes after the stated time of prohibited sales begins. It shall be unlawful for any person or customer, other than the licensee or his or her employees, to remain on the premises after closing. The licensee and his or her employees may remain after closing for the purposes only of cleaning, repair, maintenance and security, but there shall be no consumption of alcoholic beverages by the licensee or employees during all times of prohibited sale. SECTION IV. This ordinance shall become effective upon its adoption and publication. Adopted by the city council of the city of Medina this day of , 2015. ATTEST: Scott T. Johnson, City Administrator -Clerk Published in the South Crow River News this Ordinance No. July 7, 2015 Lo Bob Mitchell, Mayor day of , 2015. Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2015- RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. _ BY TITLE AND SUMMARY WHEREAS, the city council of the city of Medina has adopted Ordinance No. amending section 625 of the code of ordinances regarding alcoholic beverage licenses; and WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is 9 pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that the city administrator -clerk shall cause the following summary of Ordinance No. to be published in the official newspaper in lieu of the entire ordinance: Public Notice The city council of the city of Medina has adopted Ordinance No. , an amendment to section 625 of the code of ordinances regarding alcoholic beverage licenses. The amendment defines a brewer taproom, brew pub, required packaging, and small brewer. The amendment also authorizes small brewer taprooms to sell growlers off -sale on Sundays, allows Sunday license holders to serve intoxicating liquor with food on Sundays as early as 8 a.m., and allows for additional temporary licenses in accordance with the requirements of Minnesota Statues. The ordinance classifies the types of licenses into four categories (off -sale, on -sale, temporary, and Sunday), makes some technical corrections and updates references to recodified Minnesota Statues. The full text of Ordinance No. is available for inspection at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the city of Medina that the city administrator -clerk keep a copy of the ordinance in his office at city hall for public inspection and that he post a full copy of the ordinance in a public place within the city. Dated: July 7, 2015. Bob Mitchell, Mayor Resolution No. 2015- July 7, 2015 ATTEST: Scott T. Johnson, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2015- July 7, 2015 MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: July 1, 2015 SUBJ: Planning Department Updates July 7, 2015 City Council Meeting Land Use Application Review A) Goddard School Site Plan Review — PJ Norman LLC has requested Site Plan Review approval to construct a new building to house a Goddard School at 345 Clydesdale Trail (next to Caribou Coffee). The Planning Commission held a public hearing at the June 9 meeting and recommended approval. Staff intends to present to the City Council on July 7. B) Stonegate Conservation Design Subdivision — west of Deerhill, East of Homestead. The applicant has requested PUD General Plan and Preliminary Plat approval for a conservation design subdivision of 42 lots on 170 gross acres. Staff is conducting a preliminary review, and the matter is tentatively scheduled for a public hearing at the July 14 Planning Commission meeting. C) Buehler Plat — Robert Buehler has requested approval of a plat to separate 2782 Willow Drive from adjacent property. The parcels were a single lot and a previous owner sold portions of the lot to two separate buyers. The applicant seeks to subdivide the property to create a buildable lot, and the other portion of the property would be platted as an outlot. Staff is conducting a preliminary review, and the application will be scheduled for a Hearing when deemed complete, potentially at the July 14 Planning Commission meeting. D) Wealshire LLC Comp Plan Amendment, Rezoning, Site Plan Review — Wealshire, LLC has requested a site plan review for construction of a 173,000 square feet memory care facility. The request also includes a rezoning from RR-UR to Business Park and an Interim Use Permit to permit continued agricultural use of the portion of the property not proposed to be developed. The Met Council has also approved of the previous Comp Plan amendment. The Planning Commission meeting reviewed the rezoning, site plan review and interim use permit at the February 10 meeting and unanimously recommended approval. The City Council reviewed at the May 19 meeting and directed staff to prepare approval documents. These will be presented at the July 21 meeting. E) St. Peter and Paul Cemetery and Hamel Place —The City Council has adopted resolutions approving these projects, and staff is assisting the applicants with the conditions of approval in order to complete the projects. F) Woods of Medina, Capital Knoll— these preliminary plats have been approved and staff is awaiting a final plat application G) Enclave at Brockton 5`", Hamel Haven subdivisions, Wakefield Valley Farm — These subdivisions have all received final approval. Staff is working with the applicants on the conditions of approval before construction begins. H) Aldi Site Plan and Variance — 3522 Sioux Drive — Aldi has requested approval to construct an 18,000 square foot grocery store at the southeast corner of Highway 55 and Sioux Drive. The applicant has also requested a variance to exceed the maximum 25% hardcover limitation in the shoreland overlay district of Elm Creek. The Council adopted a resolution of approval at the June 16 meeting. Staff will work with the applicant to meet the conditions of approval before construction. I) Wright -Hennepin Solar Panels — WH has requested a conditional use permit for the installation of a solar garden approximately an acre in area at their substation on Willow Drive, south of Highway 55. The Council adopted a resolution of approval at the June 16 meeting. Staff will work with the applicant to meet the conditions of approval before construction. Planning Department Update Page 1 of 2 July 7, 2015 City Council Meeting Other Projects A) City of Plymouth Comp Plan Amendment — southeast corner of Brockton Lane and Hamel Road — Plymouth has received a Comp Plan Amendment to re -guide the land use of the 16 acres east of Hamel from high density to medium density (LA-4 to LA-2). A developer proposes a smaller single family project on 52 foot wide lots rather than the apartment development which the property is guided for. Unless the City Council directs otherwise, staff intends to only comment related to ways to improve the proposed development (road improvements on Brockton, predominantly) rather than taking a position on the proposed land use change itself. The re -guiding could result in both positive and negative impacts for Medina. Possible positive results would be reduced traffic impacts on Brockton and Hamel would likely be reduced and there would be less stress on Hamel Legion Park. Possible negative results include: reduced households near Uptown Hamel, loss of alternative housing style in proximity to Medina, reduced likelihood that Plymouth will expand their transit system into this quadrant of Plymouth. B) Deck Upland Buffer Setbacks — a resident of the Enclave development has requested that the City reconsider the requirement that decks be set back 15 feet from Upland Buffers. The setback limits the size of decks on a number of the lots in the Enclave development. Staff will present the ordinance for discussion at the July Planning Commission meeting. C) Solar Equipment Regulations — staff will present an ordinance for discussion related to solar equipment on residential property in the City. A public hearing is scheduled for the July Planning Commission meeting. D) Site Plan Review, Administrative Review — following the feedback at the Business Forum, staff intends to present an ordinance for Planning Commission and City Council review which would allow staff to administratively approve certain improvements on commercial property (parking lot expansions, additions, small accessory structures) without needing to go through formal hearings with the Planning Commission and Council. The Planning Commission provided feedback at the June 9 meeting, and staff will present an ordinance for a public hearing at the July 14 meeting. E) Cable Buildout Analysis — staff has continued to spend substantial time on analyzing the expansion of Mediacom cable within the City. F) Wetland Enforcement — staff has been working on enforcing unpermitted excavation within a wetland on Capriole Drive. Planning Department Update Page 2 of 2 July 7, 2015 City Council Meeting MEDINA POLICE DEPARTMENT 600 Clydesdale Trail Medina, MN 55340.9790 p: 763.473-9209 f: 763.473-8858 MEDINA non-cmergenM 763-525-6210 MEMORANDUM Emergency 9-1-1 TO: City Administrator Scott Johnson and City Council FROM: Director Edgar J. Belland DATE: July 2, 2015 RE: Department Updates Emergency Management Training On June 25th our Lake Minnetonka Emergency Management group put on a training session for the elected officials and new employees at the Corcoran City Hall. This class was an overview of the emergency management system and how the system works. From the reviews, the attendees liked the information, but would like more specific training for specific positions. The class was only an hour and a half long and it covered many topics. We will refine the training and bring the class to other communities in the near future. 2015 League of Minnesota Cities Leadership Award On June 25th I attended the League of Minnesota Cities awards luncheon at their conference in Duluth. I was the recipient of the 2015 Leadership Award. I was told that I was the first law enforcement officer to receive this award. It was a great honor for me. I thank the City Council, past Mayor Elizabeth Weir and Administrator Johnson for nominating me for the award. I was humbled and honored. Patrol by Sergeant Jason Nelson Patrol Activities For the dates of June 10 to June 30, 2015, our officers issued 79 citations and 84 warnings for various traffic infractions. There were a total of one driving while impaired arrest, five traffic accidents, 13 medicals and 12 alarms. On June 22, 2015, we held our annual all -day joint -training with Corcoran Police at the Maple Grove Training Facility. This year, the Dayton Police Department also joined in. The morning session was ground fighting and the afternoon sessions were firearms use of force and FATS. FATS is a real life scenario based training where pre -programed scenarios are played on a large video screen and officers have to react and make use of force and deadly force decisions by shooting at the screen. The all -day training was great!! On June 27, 2015, Officer McGill was dispatched to a three car personal injury accident on Highway 55. Upon arrival, it was discovered that there had been a head-on collision and that two elderly individuals were trapped in their car. Loretto and Maple Plain Fire departments assisted with extrication and the male driver was airlifted to North Memorial and is currently in critical condition. There were two others that were transported to the hospital as well. One driver was suspected of being under the influence of marijuana. Officer Hall was called in to assist in writing a search warrant for a legal blood draw of the suspected impaired driver. Upon getting the results, charges will be filed. On June 26, 2015, Officer McGill took a credit card fraud report at Target. Unknown suspect used a cloned credit card to make two purchases of over $800. Case was forwarded to Investigations. On June 26, 2015, Officer McGill and I followed up on a gas drive -off report at the Holiday Gas Station on Highway 55. The license plate that was on the vehicle had been stolen off a van located in the Medina Inn parking lot. It was discovered that the possible suspect was staying at the motel. Upon making contact with the room, one of the occupants was arrested for trespassing and suspected narcotics were located. Two other females present were arrested and the West Metro Drug Task Force was called out. A search warrant was drafted for the hotel room. Suspected narcotics were located. All three occupants will be charged with felony drug possession. On June 25, 2015, Officer Vinck took a theft of a laptop report along with a gift card. It was reported that the victim's son had two friends over the previous evening and that one of the kids had stolen items from the house. Case was forwarded to Investigations. On June 24, 2015, Officer Boecker took a burglary report. The apartment renter reported that she had gone to the store and came home to find items missing from her house. The renter stated that this was not the first time things had been missing from the residence. Case was forwarded to Investigations for follow up. Criminal Investigations by Investigator Charmane Domino Unidentified suspect used several cloned credit cards at a local business. Same suspect has been using cloned cards in Lakeville, Burnsville and Blaine. Several theft from auto reports in which the victims left their cars unlocked with valuables inside. Laptop was taken from a residence. A friend of one of the residents is thought to have taken it. Conducted a presentation to pre-school age children about police work and safety. Open cases currently under investigation: 19 MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: June 30, 2015 MEETING: July 7, 2015 SUBJECT: Public Works Update STREETS • The Public Works Crew has been working extremely hard on the following areas in town preparing for sealcoating and our 2015 paving projects: o Foxberry Farms: A letter was sent out to residents in Foxberry letting them know that the seal coating will tentatively take place the week of July 15th o Bridgewater: This project is complete for now and the area will be seal coated next year to give it a new road feel when the construction is complete. o Tamarack Drive: P.W. will be seal coating the entire stretch from the Orono line to Blackfoot Trail in mid -July. o Independence Beach: The paving on the north end of IB has been completed. It went very well considering all the drainage issues. As of now there is only one area that will need a little rework to make the drainage right. We will begin prep work on the south end as soon as possible, with paving tentatively scheduled for some time in August. 0 600 Clydesdale Trail: Paving is complete, with the sitting area still to be installed. The seal coating for the police parking area is scheduled for mid -July. o Tower Drive: Utility installation on Hamel Road is complete. They are sub - cutting the road preparing for Geo-tech fabric and road base. Once that is in, they will start exporting the asbestos material; installing curb and base asphalt; and shortly thereafter will be starting on Tower Drive. WATER/SEWER/STORMWATER • The MS4 Report for 2014 has been submitted. Before the 2015 MS4 is due, there is some mapping and other changes that need to be made. • Fire flow tests were conducted by Community Hazard Mitigation Services to establish our OSI rating on commercial properties. • Well #8 is out for bid. We will be opening the bids on July 6th when I return from vacation. PARKS/TRAILS • Things are moving along with the Park at Fields of Medina. Curb is being poured and the contractor is expected to make the mid -July deadline. After they are done, Public Works will still have some grading and seeding to complete the project. More trees will be planted this fall. • P.W. will be re -paving a small portion of the trail along County Road 101 for about 200' north of Prairie Creek Drive due to failure. ORDER CHECKS June 17, 2015 - July 7, 2015 42988 CATAPANO, ANN MARIE.......................................................... $500.00 42989 KAMBALE, NEETI.................................................................... $250.00 42990 KJELLMAN, DAN & PAM............................................................... $3.31 42991 TERRENCE OR DEBBIE KOPP................................................... $150.00 42992 MCINTYRE, ELIZABETH........................................................... $150.00 42993 OGDAHL, L.............................................................................$250.00 42994 SADIES COUTURE FLORAL ...................................................... $500.00 42995 STUDSRUD, KIMBERLY............................................................ $150.00 42996 ABDO, EICK & MEYERS LLP.................................................. $2,516.00 42997 AVE MARIA ACADEMY............................................................. $150.00 42998 RICHARD OR LORI BERNING................................................... $250.00 42999 BUDHABHOY,SHEHNAZ..........................................................$250.00 43000 MARY EGAN............................................................................ $150.00 43001 SCOTT, PHILLIPPA.................................................................. $250.00 43002 ADDANKI, MANOHAR..............................................................$250.00 43003 COGHLIN, PAUL................................................................... $3,625.00 43004 COMMERCIAL ASPHALT CO .................................................. $7,205.06 43005 FRANK, MAUREEN................................................................... $500.00 43006 US HOME CORP................................................................. $20,000.00 43007 MURPHY, MAUREEN................................................................$250.00 43008 SANKARAN, MALA................................................................... $150.00 43009 ADAM'S PEST CONTROL INC...................................................... $75.00 43010 ALLSTAR ELECTRIC.............................................................. $1,542.88 43011 BATTERIES + BULBS............................................................... $109.80 43012 BIFFS INC............................................................................... $504.00 43013 BRIGGS AND MORGAN............................................................ $355.50 43014 BROCK WHITE..................................................................... $1,080.00 43015 BRYAN ROCK PRODUCTS ..................................................... $2,740.92 43016 BUDGET PRINTING................................................................... $22.97 43017 CAREFREE SERVICES INC........................................................ $392.00 43018 CENTURYLINK........................................................................ $644.00 43019 CIRCLE V SPECIALTIES, INC.................................................... $232.00 43020 CITY OF CORCORAN............................................................... $486.93 43021 DELL MARKETING L.P............................................................. $722.96 43022 DPC INDUSTRIES INC.......................................................... $2,747.07 43023 EARL F ANDERSEN INC............................................................. $85.63 43024 ECM PUBLISHERS INC............................................................. $435.33 43025 ENGEL WATER TESTING INC................................................... $380.00 43026 ESS BROS. & SONS, INC....................................................... $4,150.00 43027 FINANCE AND COMMERCE...................................................... $156.44 43028 FLAGSHIP RECREATION LLC................................................. $3,247.00 43029 GRAINGER..............................................................................$131.52 43030 HAMEL LIONS CLUB................................................................ $640.00 43031 HD SUPPLY WATERWORKS LTD ................................................. $29.58 43032 HENRYS WATERWORKS INC.................................................... $536.76 43033 HOLIDAY FLEET...................................................................... $592.29 43034 JANS LAWN & LANDSCAPE ................................................... $1,400.00 43035 JERRY FAUE EXTERIOR WORKS ............................................... $275.00 43036 JOHN DEERE LANDSCAPES...................................................... $700.61 43037 KD & COMPANY RECYCLING INC.......................................... $1,643.73 43038 KELLY'S WRECKER SERVICE INC................................................$75.00 43039 KUSTOM SIGNALS, INC........................................................... $256.00 43040 LAW ENFORCEMENT LABOR ................................................. $1,504.00 43041 LAW ENFORCEMENT TARGETS..................................................$52.00 43042 LEXISNEXIS RISK DATA MGMT INC............................................$42.00 43043 LORETTO VOL FIRE DEPT INC............................................ $24,643.79 43044 MADISON NATIONAL LIFE ....................................................... $598.61 43045 MARCOINC..............................................................................$27.56 43046 MEDINA MOBIL, INC............................................................... $100.00 43047 METRO ELEVATOR INC........................................................... $170.00 43048 METRO WEST INSPECTION ................................................ $11,960.45 43049 MORPHOTRUST USA............................................................... $502.10 43050 NAPA OF CORCORAN INC........................................................ $507.18 43051 NORDGREN AUTOMATIVE INC.............................................. $1,898.47 43052 NORTHERN TECHNOLOGIES INC.......................................... $1,134.63 43053 OCONNELL, MICHAEL................................................................ $18.45 43054 OFFICE DEPOT....................................................................... $173.39 43055 OMANN BROTHERS PAVING INC.............................................. $632.84 43056 ROLF ERICKSON ENTERPRISES INC...................................... $7,071.18 43057 ROSEVILLE MIDWAY FORD ........................................................ $47.04 43058 SCHMIDT CURB COMPANY INC............................................. $9,625.00 43059 SENSUS METERING SYSTEMS INC........................................ $1,784.47 43060 STREICHER'S.......................................................................... $272.80 43061 SUN LIFE FINANCIAL.............................................................. $504.90 43062 TEGRETE CORP.................................................................... $1,478.64 43063 TIMESAVER OFFSITE.............................................................. $411.00 43064 TITAN MACHINERY................................................................. $115.59 43065 UFC FARM SUPPLY....................................................................$22.98 43066 WEST HENNEPIN PUBLIC........................................................$150.00 43067 WSB & ASSOCIATES.......................................................... $70,377.25 Total Checks $199,716.61 Electronic Payments June 12, 2015 — July 7, 2015 003200E PITNEY BOWES...................................................................... $123.00 003201E MARCOINC............................................................................$388.73 003202E EXXONMOBIL FLEET - WEX BANK ......................................... $1,019.59 003203E CIPHER LABORATORIES INC................................................... $746.24 003204E PR PERA............................................................................ $13,829.70 003205E PR FED/FICA...................................................................... $14,905.61 003206E PR MN Deferred Comp.......................................................... $1,980.00 003207E PR STATE OF MINNESOTA.................................................... $3,135.39 003208E SELECT ACCOUNT................................................................... $702.00 003209E CITY OF MEDINA......................................................................$18.00 003210E FARMERS STATE BANK OF HAMEL.............................................$20.00 003211E PITNEY BOWES................................................................... $1,000.00 003212E EXXONMOBIL FLEET - WEX BANK ............................................ $261.23 003213E ELAN FINANCIAL SERVICE .................................................... $1,211.07 003214E PR PERA............................................................................ $13,768.48 003215E PR FED/FICA...................................................................... $14,874.77 003216E PR MN Deferred Comp.......................................................... $1,980.00 003217E PR STATE OF MINNESOTA.................................................... $3,087.23 003218E SELECT ACCOUNT................................................................... $702.00 003219E CITY OF MEDINA......................................................................$18.00 003220E FARMERS STATE BANK OF HAMEL.............................................$20.00 003221E PR FED/FICA............................................................................. $35.36 003222E XCEL ENERGY...................................................................... $9,403.54 003223E DELTA DENTAL.................................................................... $2,348.34 003224E KONICA MINOLTA................................................................... $168.48 003225E MARCO (LEASE)...................................................................... $606.95 003226E MEDIACOM OF MN LLC........................................................... $355.80 003227E SELECT ACCOUNT..................................................................... $75.50 003228E VALVOLINE FLEET SERVICES ................................................... $185.93 003229E MINNESOTA, STATE OF.............................................................$64.00 003230E CIPHER LABORATORIES INC................................................ $4,753.00 003231E FARMERS STATE BANK OF HAMEL.............................................$35.00 003232E SELECT ACCOUNT................................................................ $5,197.16 Total Electronic Checks $97,020.10 PAYROLL DIRECT DEPOSIT June 17 & July 1, 2015 506472 ALTENDORF, JENNIFER L..................................................... $1,269.15 506473 BARNHART, ERIN A.............................................................. $1,865.68 506474 BELLAND, EDGARJ.............................................................. $2,509.22 506475 BOECKER, KEVIN D.............................................................. $2,049.36 506476 CONVERSE, KEITH A ............................................................ $2,070.68 506477 DINGMANN, IVAN W............................................................ $1,713.42 506478 DOMINO, CHARMANE........................................................... $1,918.65 506479 ENDE, JOSEPH..................................................................... $1,356.11 506480 FINKE, DUSTIN D................................................................. $2,116.36 506481 GALLUP, JODI M.................................................................. $1,590.31 506482 GLEASON, JOHN M............................................................... $2,006.18 506483 GREGORY, THOMAS............................................................. $1,777.54 506484 HALL, DAVID M.................................................................... $1,974.08 506485 JESSEN, JEREMIAH S........................................................... $2,065.84 506486 JOHNSON, SCOTT T............................................................. $2,162.88 506487 KLAERS, ANNE M.................................................................... $632.99 506488 LANE, LINDA....................................................................... $1,465.16 506489 LEUER, GREGORY J.............................................................. $2,168.62 506490 MCGILL, CHRISTOPHER R.................................................... $1,365.41 506491 NELSON, JASON................................................................... $2,506.84 506492 NISSEN, JACQUEL R................................................................ $508.78 506493 PETERSON, DEBRA A ........................................................... $1,545.17 506494 REINKING, DEREK M............................................................ $1,693.84 506495 SCHERER, STEVEN T............................................................ $2,225.71 506496 VIEAU, CECILIA M................................................................ $1,165.45 506497 VINCK, JOHN J.................................................................... $1,802.08 506498 WENANDE, BRANDON S.......................................................... $541.49 506499 ALTENDORF, JENNIFER L..................................................... $1,269.15 506500 ANDERSON, JOHN G............................................................... $230.87 506501 BARNHART, ERIN A.............................................................. $1,865.68 506502 BELLAND, EDGARJ.............................................................. $2,509.21 506503 BOECKER, KEVIN D.............................................................. $2,290.45 506504 CONVERSE, KEITH A ............................................................ $1,929.53 506505 COUSINEAU, LORIE K............................................................. $230.87 506506 DINGMANN, IVAN W............................................................ $2,012.76 506507 DOMINO, CHARMANE........................................................... $1,730.48 506508 ENDE,JOSEPH..................................................................... $1,356.10 506509 FINKE, DUSTIN D................................................................. $2,116.35 506510 GALLUP, JODI M.................................................................. $1,590.31 506511 GLEASON, JOHN M............................................................... $1,721.21 506512 GREGORY, THOMAS............................................................. $1,777.54 506513 HALL, DAVID M.................................................................... $2,115.22 506514 JESSEN, JEREMIAH S........................................................... $2,086.27 506515 JOHNSON, SCOTT T............................................................. $2,162.88 506516 KLAERS, ANNE M.................................................................... $748.96 506517 LANE, LINDA....................................................................... $1,465.16 506518 LEUER, GREGORY J.............................................................. $1,833.50 506519 MARTIN, KATHLEEN M............................................................ $230.87 506520 MCGILL, CHRISTOPHER R.................................................... $1,365.40 506521 MITCHELL, ROBERT G............................................................. $327.07 506522 NELSON, JASON................................................................... $2,403.67 506523 NISSEN, JACQUEL R................................................................ $242.27 506524 PEDERSON, JEFF.................................................................... $221.92 506525 PETERSON, DEBRA A ........................................................... $1,545.17 506526 REINKING, DEREK M............................................................ $1,742.85 506527 SCHERER, STEVEN T............................................................ $2,225.70 506528 VIEAU, CECILIA M................................................................ $1,193.79 506529 VINCK, JOHN J.................................................................... $1,900.20 506530 WENANDE, BRANDON S.......................................................... $512.86 Total Payroll Direct Deposit $93,021.27