HomeMy Public PortalAbout07.19.2016 City Council Meeting PacketMEDINA
AGENDA FOR THE REGULAR MEETING
OF THE MEDINA CITY COUNCIL
Tuesday, July 19, 2016
7:00 P.M.
Medina City Hall
2052 County Road 24
Meeting Rules of Conduct:
• Fill out and turn in white
comment card
• Give name and address
• Indicate if representing a group
• Limit remarks to 3-5 minutes
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
IV. APPROVAL OF MINUTES
A. Minutes of the July 5, 2016 Regular Council Meeting
V. CONSENT AGENDA
A. Approve Temporary Liquor License to the Church of the Holy Name of Jesus of Medina on
September 17, 2016 at 155 County Road 24
B. Approve Water Supply Agreement with Medina Leased Housing Associates I, Limited
Partnership
C. Ordinance Establishing an Amended Fee Schedule
D. Resolution Authorizing Publication of the Ordinance Establishing an Amended Fee Schedule by
Title and Summary
VI. COMMENTS
A. From Citizens on Items Not on the Agenda
B. Park Commission
C. Planning Commission
VII. PRESENTATIONS
A. General Obligation Bonds, Series 2008A Refunding Bid Presentation — Ehlers
1. Resolution Awarding the Sale of General Obligation Refunding Bonds, Series 2016A, In
the Original Aggregate Principal Amount of $1,280,000; Fixing their Form and
Specifications; Directing their Execution and Delivery; Providing for their Payment;
Providing for the Escrowing and Investment of the Proceeds thereof; and Providing for
the Redemption of Bonds Refunded thereby
2. Crossover Refunding Escrow Agreement
VIII. NEW BUSINESS
A. Deerhill Road Extension Project — Update on Bid Opening and Tabulation
B. AutoMotorPlex — PUD Concept Plan Review — East of Arrowhead Drive, North of Hamel Road
IX. OLD BUSINESS
A. Just for Kix — Site Plan Review, Hardcover Variance, Lot Combination at 45 Highway 55
1. Resolution Granting Preliminary and Final Plat Approval for Just for Kix
2. Resolution Granting Variance and Site Plan Review Approval for Just for Kix
3. Development Agreement by and between the City of Medina and Clough Properties,
LLC
X. CITY ADMINISTRATOR REPORT
A. Planning Commissioner Appointment to Vacant Seat
XI. MAYOR & CITY COUNCIL REPORTS
XII. APPROVAL TO PAY BILLS
XIII. ADJOURN
Posted 7/15/2016 Page 1 of 1
MEMORANDUM
TO: Medina City Council
FROM: Scott Johnson, City Administrator
DATE OF REPORT: July 14, 2016
DATE OF MEETING: July 19, 2016
SUBJECT: City Council Meeting Report
V. CONSENT AGENDA
A. Approve Temporary Liquor License to the Church of the Holy Name of Jesus of Medina
on September 17, 2016 at 155 County Road 24 — The application materials and license
fees have been paid. Staff recommends approval.
No attachments for this item.
B. Approve Water Supply Agreement with Medina Leased Housing Associates I, Limited
Partnership — Medina code of ordinances section 710 prohibits the connection of new
housing developments lawn and landscaping irrigation systems to the City Water Supply
System. Dominium has requested and the City has agreed to provide untreated water
from the City's Well No. 2 for use in the lawn and landscape irrigation system for their
townhomes. Dominium will be charged for their water usage from Well No. 2. Staff
recommends approval.
See attached agreement.
C. Ordinance Establishing an Amended Fee Schedule — Staff recommends approval of the
ordinance establishing an amended fee schedule to include water rates for Dominium for
irrigation.
See attached ordinance.
D. Resolution Authorizing Publication of the Ordinance Establishing an Amended Fee
Schedule by Title and Summary — Staff recommends approval of the resolution
authorizing publication of the ordinance establishing an amended fee schedule by title
and summary in lieu of the entire ordinance.
See attached resolution.
VII. PRESENTATIONS
A. General Obligation Bonds, Series 2008A Refunding Bid Presentation — A
Representative from Elhers will be present at the meeting to review the sale of bonds for
a refunding opportunity at a lower interest rate for the City.
See attached resolution and agreement.
Recommended Motion #1: Adopt Resolution Awarding the Sale of General
Obligation Refunding Bonds, Series 2016A, In the Original Aggregate
Principal Amount of $1,280, 000; Fixing their Form and Specifications;
Directing their Execution and Delivery; Providing for their Payment;
Providing for the Escrowing and Investment of the Proceeds thereof,• and
Providing for the Redemption of Bonds Refunded thereby
Recommended Motion #2: Approve Crossover Refunding Escrow Agreement
VIII. NEW BUSINESS
A. Deerhill Road Extension Project - On June 21, 2016 the City Council adopted a
resolution approving the 2016 Deerhill Road Extension Project plans and specifications
and authorizing advertising for bids. Bids were opened publically at 11:00 am on July 14,
2016 and a bid summary has been attached. No council action is recommended until the
agreements and plat are recorded.
See attached memo and bids.
B. AutoMoterPlex — PUD Concept Plan Review — The applicant has requested review of a
PUD Concept Plan for construction of an "AutoMoterPlex," a series of finished garages
designed for motorsports enthusiasts. The concept shows nine buildings of
approximately 215,000 total square feet. The applicant operates a similar facility in
Chanhassen. The purpose of a PUD Concept Plan is to provide feedback to the applicant
prior to a formal application. The City Council will not take any action and the feedback
is purely advisory.
See attached report.
IX. OLD BUSINESS
A. Just for Kix — The City Council reviewed this item at the July 5th meeting and directed
staff to prepare approval documents, contingent upon the applicant submitting improved
plans for the building facades. Updated elevations are attached for review, along with
documents for action. If the City Council finds the proposed architectural design is
consistent with the requirements, the following motions are recommended.
See attached report.
Recommended Motion #1: Adopt Resolution Granting Preliminary and Final
Plat Approval for Just for Kix
Recommended Motion #2: Adopt Resolution Granting Variance and Site Plan
Review Approval for Just for Kix
Recommended Motion #3: Approve Development Agreement by and between
the City of Medina and Clough Properties, LLC
2
X. CITY ADMINISTRATOR REPORT
A. Planning Commissioner Appointment to Vacant Seat — The City received four applicants
for the vacant Planning Commission seat. The application deadline was on July 13th and
interviews will take place on Monday, July 18th. Staff will bring forward a
recommendation for appointment at the July 19th meeting.
No attachments for this item.
XII. APPROVAL TO PAY BILLS
Recommended Motion: Motion to approve the bills, EFT 003726E-003746 for $50,194.46,
order check numbers 44545-44628 for $895,138.18, and payroll EFT 507277-507308 for
$49, 452.29.
INFORMATION PACKET
• Planning Department Update
• Police Department Update
• Public Works Department Update
• Claims List
3
DRAFT
2
3 MEDINA CITY COUNCIL MEETING MINUTES OF JULY 5, 2016
4
5 The City Council of Medina, Minnesota met in regular session on July 5, 2016 at 7:03
6 p.m. in the City Hall Chambers. Mayor Mitchell presided.
7
8 I. ROLL CALL
9
10 Members present: Anderson, Cousineau, Pederson, and Mitchell.
11
12 Members absent: Martin.
13
14 Also present: City Administrator Scott Johnson, City Engineer Tom Kellogg, City
15 Planner Dusty Finke, and Recording Secretary Amanda Staple.
16
17 II. PLEDGE OF ALLEGIANCE (7:03 p.m.)
18
19 III. ADDITIONS TO THE AGENDA (7:03 p.m.)
20 The agenda was approved as presented.
21
22 IV. APPROVAL OF MINUTES (7:04 p.m.)
23
24 A. Approval of the June 21, 2016 Special City Council Meeting Minutes
25 Moved by Cousineau, seconded by Pederson, to approve the June 21, 2016 special City
26 Council meeting minutes as presented. Motion passed unanimously.
27
28 B. Approval of the June 21, 2016 Regular City Council Meeting Minutes
29 It was noted on page four, line three, it should state, "...the dedication these fees..." On
30 page four, line six, it should state, would not set a bad precedent..." On page six, line
31 23, it should state, "...then a when more of a question of when rather than a yes or no...
32
33 Moved by Anderson, seconded by Pederson, to approve the June 21, 2016 regular City
34 Council meeting minutes as amended subject to review by Councilmember Martin.
35 Motion passed unanimously.
36
37 V. CONSENT AGENDA (7:05 p.m.)
38
39 A. Approve Quote to Replace Upper Level Carpet at City Hall with MCI Inc.
40 B. Approve Quote to Repaint Upper Level at City Hall with Snow and Sun
41 Painting
42 C. Approve Fireworks Display Contract with RES Specialty Pyrotechnics for
43 Medina Celebration Day
44 D. Resolution No. 2016-58 Accepting Resignation of Community Service
45 Officer Brandon Wenande
46 E. Authorize Recruitment for Community Service Officer Position
47 Johnson thanked Brandon Wenande for his years of service to the City of Medina.
48
49 Moved by Pederson, seconded by Cousineau, to approve the consent agenda. Motion
50 passed unanimously.
51
Medina City Council Meeting Minutes 1
July 5, 2016
I VI. COMMENTS (7:07 p.m.)
2
3 A. Comments from Citizens on Items not on the Agenda
4 There were none.
5
6 B. Park Commission
7 There was none.
8
9 C. Planning Commission
10 Finke provided a brief update of the discussions that the Planning Commission will have
11 at their next meeting.
12
13 VII. PRESENTATIONS
14
15 A. CenterPoint Energy Community Partnership Grant — Kevin Busscher
16 (7:08 p.m.)
17 Kevin Busscher thanked the Council for allowing him to speak tonight on behalf of
18 CenterPoint Energy. He stated that this grant program helps cities to leverage funds
19 needed to purchase important equipment needs. He presented the City with a check for
20 $1,560 that will be used towards the purchase of speed indicator signs.
21
22 The Council thanked Mr. Busscher and CenterPoint Energy.
23
24 VIII. NEW BUSINESS
25
26 A. Just for Kix — Site Plan Review, Hardcover Variance, Lot Combination at 45
27 Highway 55 — Public Hearing (7:09 p.m.)
28 Johnson noted that this is a request to build an 18,040 square foot building that will
29 house dance studios with a retail element.
30
31 Finke reviewed the different aspects that are before the Council for review including the
32 Site Plan review, hardcover variance, and lot combination. He noted that the lot
33 combination would combine the main parcel with the portion of the site that was annexed
34 from the City of Plymouth earlier this year. He reviewed the site layout and adjacent
35 uses noting that the applicant plans to close the existing access from Highway 55 which
36 would then only be used as an emergency access point. He noted that the site is
37 planned to be constructed in two phases, but explained that the applicant is requesting
38 approval of both phases tonight. He provided a brief overview of the Site Plan review.
39 He advised that the applicant proposes to fill a small 2,520 square foot wetland, but
40 noted that the applicant proposes BMPs to make up for the lost storage capacity. He
41 stated that the applicant requests a variance from the hardcover limitations within the
42 Shoreland Overlay District as the site has unique circumstances because of the location
43 of the creek and nearby intersection which would make it difficult to meet the hardcover
44 requirement, noting that similar variances for hardcover were reviewed and approved for
45 adjacent uses. He briefly reviewed the elements related to architectural design and
46 transportation. He reviewed the three elements of approval which would be needed,
47 noting that the plat should first be considered, followed by the variance, and then the
48 Site Plan. He reported that the Planning Commission reviewed the request at their
49 meeting the previous month and found that the variance criteria were met and therefore
50 recommended approval of all three requests subject to the conditions noted in the staff
51 report.
Medina City Council Meeting Minutes 2
July 5, 2016
1 Ryan Anderson, ISG, spoke in representation of the applicant and noted that he is
2 present to answer any questions the Council may have.
3
4 Anderson stated that the staff report assumes that the majority of the traffic would go
5 north and asked how that assumption was made.
6
7 Finke stated that the traffic pattern would assume that the majority of the traffic would
8 utilize the site from Highway 55 or north on CR 101. He noted that while there is growth
9 in the area to the south of this site, that is not an elaborate network of roads and
10 therefore the majority of the traffic would choose to travel on Highway 55 and/or CR 101.
11
12 Ryan Anderson replied that a traffic study was also done in this area within the past year
13 or two, and that also supports the logic that the majority of traffic would choose to travel
14 in that direction.
15
16 Pederson asked for details on the emergency exit and how that would be designed to
17 ensure that it does not look like a regular exit.
18
19 Ryan Anderson replied that it would most likely remain a gravel drive from Highway 55
20 and would follow the MnDOT protocol.
21
22 Pederson stated that when you travel on Sioux Drive over the railroad tracks it does not
23 appear to be done, as there is a big hump.
24
25 Kellogg replied that he has heard similar comments and therefore a meeting was held
26 last Friday on site. He stated that possible solutions were discussed that would solve
27 that situation.
28
29 Johnson stated that he has heard similar complaints and will pass on any updates to the
30 City Council.
31
32 Mitchell asked, and received confirmation that this is the last parcel of land in that area
33 to develop. He asked if the pipe under Highway 55 is large enough to handle the
34 necessary amount of storm water.
35
36 Kellogg stated that the upstream culverts were studied and are sized appropriately, but
37 was unsure of the Highway 55 culvert.
38
39 Finke replied that the applicant has received approval from the Elm Creek Watershed.
40
41 Mitchell commented that the Walgreens in Wayzata is infamous for their modulation
42 design. He stated that he does like the modulation on the northwest side of the building
43 and would like the rest of the building to look similar. He asked the applicant to look
44 closely to ensure that the remainder of the building is designed to the best of their ability
45 rather than just meet the requirements for modulation.
46
47 Cousineau asked if the retail store would be next to the dance studio and whether that
48 would be built in the second phase.
49
50 Ryan Anderson replied that the retail store would be in the far eastern portion of the
51 building with the dance studios in the more western part of the building.
Medina City Council Meeting Minutes 3
July 5, 2016
1 Mitchell stated that perhaps the applicant should plan to match the tree landscaping that
2 Aldi has along their property to make the properties consistent.
3
4 Finke stated that the applicant has a thorough planting plan for the property. He stated
5 that there would be a condition of the variance that would require the applicant to
6 provide streambank restoration as a condition of the variance.
7
8 Mitchell opened the public hearing at 7:30 p.m.
9
10 Jim Tiller, in representation of Arnt Hamel Properties, stated that this building will be the
11 first thing people will see as they drive into Medina and should be an attractive high
12 quality building, which he believes that it will be. He believed that the project should be
13 approved without major changes.
14
15 Moved by Anderson, seconded by Cousineau, to close the public hearing at 7:33 p.m.
16 Motion passed unanimously.
17
18 Mitchell stated that he would like to see the entire building be brick, as he would prefer a
19 unified structure.
20
21 Cousineau agreed that she also prefers the brick, as it looks like two different buildings
22 otherwise.
23
24 Pederson commented that he really likes the windows.
25
26 Mitchell stated that he prefers the red brick.
27
28 Ryan Anderson replied that the precast material is chosen for the majority of the building
29 as it is more energy efficient than the brick. He noted that the applicant plans to build
30 phase two sooner rather than later and the precast material can be easily matched to
31 ensure the two phases build together. He stated that the precast material is much more
32 efficient and seals tighter to make it much more energy efficient.
33
34 Mitchell stated that the brick pillars for modulation have no architectural purpose and he
35 would much prefer the brick facing.
36
37 Finke stated that the proposed materials are available for the Council to see in the front
38 of the chambers. He stated that the precast material is an allowed material for the
39 district, but stated that perhaps the concrete material is not high enough quality for the
40 district.
41
42 Cousineau stated that perhaps the precast material could be color matched to the brick
43 which would make the building more consistent. She stated that there would probably
44 be a difference in cost to use brick for the entire building.
45
46 Ryan Anderson stated that there would be a cost difference but was unsure of the exact
47 details as he is not the architect for the project.
48
49 Finke stated that the applicant and staff could work on the architectural details.
50
Medina City Council Meeting Minutes 4
July 5, 2016
1 Mitchell suggested that the item be tabled in order to better engineer the architectural
2 details.
3
4 Anderson suggested that perhaps the Council take action on at least the variance
5 tonight.
6
7 Finke stated that as with most items the action requested would be to direct staff to
8 prepare the resolutions of approval, noting that action could still be made contingent
9 upon updated architectural renderings for review.
10
11 Moved by Anderson, seconded by Cousineau, to direct staff to prepare resolutions
12 approving the plat, variance, and site plan review requests for Just for Kix, upon the
13 findings described in the staff report and subject to the conditions recommended by the
14 Planning Commission, contingent upon update architectural renderings for review.
15 Motion passed unanimously.
16
17 IX. OLD BUSINESS
18
19 A. Jeffrey -Johnson Easement Vacation — Public Hearing Continued (7:41 p.m.)
20 Johnson stated that the property owners are still discussing the lot line rearrangement
21 and are not ready for action, therefore staff recommends that the Council reopen the
22 public hearing and then close the public hearing.
23
24 Mitchell reopened the public hearing at 7:41 p.m.
25
26 No comments made.
27
28 Moved by Anderson, seconded by Cousineau, to close the public hearing at 7:41 p.m.
29 Motion passed unanimously.
30
31 X. CITY ADMINISTRATOR REPORT (7:42 p.m.)
32 Johnson had nothing further to report.
33
34 XI. MAYOR & CITY COUNCIL REPORTS (7:42 p.m.)
35 Anderson advised of a recent training he attended regarding emergency planning for a
36 potential train derailment.
37
38 Cousineau agreed that she also learned a lot from that training.
39
40 Mitchell echoed those comments noting that it is difficult to determine what could be
41 leaking when a train derails and therefore how to handle the situation.
42
43 The Council discussed the possible methods of notification that other cities use, noting
44 that Medina uses the door to door approach for evacuation.
45
46 XII. APPROVAL TO PAY THE BILLS (7:45 p.m.)
47 Moved by Anderson, seconded by Cousineau, to approve the bills, EFT 003711 E-
48 003725E for $50,699.46, order check numbers 44494-44544 for $162,264.21, and
49 payroll EFT 507250-507276 for $47,739.34. Motion passed unanimously.
50
Medina City Council Meeting Minutes 5
July 5, 2016
1 XIII. ADJOURN
2 Moved by Anderson, seconded by Cousineau, to adjourn the meeting at 7:45 p.m.
3 Motion passed unanimously.
4
5
6
7
8 Bob Mitchell, Mayor
9 Attest:
10
11
12 Scott Johnson, City Administrator
Medina City Council Meeting Minutes 6
July 5, 2016
Agenda Item # 5B
WATER SUPPLY AGREEMENT
This Water Supply Agreement (the "Agreement") is entered into this day of
, 2016, by and between the city of Medina, a municipal corporation under the
laws of Minnesota (the "City") and Medina Leased Housing Associates I, Limited Partnership, a
Minnesota limited partnership ("Dominium").
Witnesseth:
WHEREAS, Dominium is the developer of that certain land which has been developed
and platted as Medina Clydesdale Townhomes, Hennepin County, Minnesota (the "Project");
and
WHEREAS, the Project is a residential community containing 26 housing units; and
WHEREAS, the Project lies within the portion of Medina which is served by the City
Water Supply System; and
WHEREAS, Medina code of ordinances section 710 prohibits the connection of the
Project's lawn and landscaping irrigation system to the City Water Supply System; and
WHEREAS, the Project is adjacent to the City's well no. 2 ("Well No. 2"); and
WHEREAS, absent access to water from We11 No. 2, Dominium will be required to drill
a private well to supply the Project with water for irrigation; and
WHEREAS, there is little room on the Project for a private well and it is in the interest of
the City to discourage Dominium from drilling a private well in close proximity to Well No. 2;
and
WHEREAS, Dominium has requested and the City has agreed to provide untreated water
from the City's We11 No. 2 for use in the lawn and landscape irrigation system for the Project
under certain terms and conditions.
NOW, THEREFORE, based on the representations and covenants contained herein, the
parties agree as follows:
1. The City's Well No. 2, a Public Water Supply Well, is located adjacent to the
Project. The Project was constructed with an underground storage tank for storing water for
irrigation. Dominium agrees to install upgraded well controls and drive system, including the
transducer, on Well No. 2 (collectively, the "Water Supply Improvements"), all in accordance
with the plans and specifications attached hereto as Exhibit A. Upon completion of the Water
Supply Improvements, which are estimated to cost approximately $5,500, Dominium will submit
paid invoices to the City for all work. All costs and expenses associated with the Water Supply
482835v2 RHB ME230-1PW
1
Improvements shall be Dominium's sole responsibility and Dominium shall ensure that no liens
attach to the City's Well No. 2 as a result of its work in constructing the Water Supply
Improvements. The City hereby grants a temporary construction license to Dominium and its
contractors and subcontractors for the purpose of entering onto the City's We11 No. 2 in
connection with the installation of the Water Supply Improvements. The Water Supply
Improvements shall be maintained by Dominium at its expense.
2. The City agrees to pump water from Well No. 2 into Dominium's underground
storage tank at such times and in such amounts as may be necessary to maintain the tank at its
normal operating level. Dominium shall have the right to use water from the City's Well No. 2
to serve the Project's lawn and landscape irrigation system. All water pumped to the Project
shall be separately metered. Dominium shall pay the City for the water at such rate or rates as
the City may establish from time to time pursuant to its fee schedule ordinance. If the City is
required to use treated water from its Public Water Supply Well to fill the tank due to failure,
maintenance requirements or similar, temporary circumstance, Dominium agrees to pay during
such period the rates established for treated water in the City's fee schedule ordinance. The City
agrees to give Dominium 30 days' notice of any proposed increase in the water rates.
Notwithstanding the above, the City may revise its fee schedule ordinance at any time without
notice to Dominium if required to do so by any other unit of government or if the City faces
penalties for not doing so.
3. This Agreement is an agreement regarding the supply and sale of untreated water
by the City from its Public Water Supply Well for use in the Project's lawn and landscaping
irrigation system under the terms and conditions outlined herein. This Agreement does not
constitute a sale, lease or conveyance to Dominium of any other right or interest with regard to
the City's Water Supply System.
4. The City's Water Supply System must remain at all times under the City's
complete control and authority. Notwithstanding anything in this Agreement to the contrary, the
City retains the right, in its sole and absolute discretion, to suspend or terminate Dominium's use
of the Water Supply Improvements and right to use water from the City's Well No. 2 as provided
for in section 5 of this Agreement. The City agrees to give Dominium reasonable notice of any
suspension or termination of its rights under this Agreement, except in the case of public
emergency when no notice shall be required. In the event the City suspends or terminates
Dominium's right to use water from the City's Well No. 2, the City shall not be liable to
Dominium or any third party for any damages, including consequential damages that may result
therefrom, except as specified in section 5 of this Agreement. Nothing herein shall constitute a
waiver by the City of its statutory or common law rights regarding immunity or limitations on
liability.
5. This Agreement shall commence on the date of its execution by the second party
to sign (the "Effective Date") and shall terminate 10 years thereafter. This Agreement shall be
automatically extended after 10 years for five successive periods of two years each unless, not
less than six months prior to any such extension, either party notifies the other in writing of its
intent not to extend. Notwithstanding the above, the City shall have the right to terminate this
Agreement at any time if, in its sole and absolute discretion, the City determines that
482835v2 RHB ME230-1PW
2
continuation of this Agreement is not in the City's interest. If this Agreement is terminated
within five years after the Effective Date, the City agrees to rebate to Dominium the cost of the
Water Supply Improvements on a pro-rata basis and without interest at the rate of 20 percent of
the amount actually paid by Dominium per year, or part thereof, remaining of the initial five-year
term. After the initial five years, the City shall not be obligated to rebate any portion of the cost
of the Water Supply Improvements to Dominium in the event the City terminates or declines to
extend the Agreement.
6. This Agreement is exclusively for the purpose of providing water for use in the
Project's lawn and landscape irrigation system. No such water may be used outside of the
boundaries of the Project or for any purpose other than that contemplated by this Agreement.
7. This Agreement includes the complete agreement between the parties and
supersedes any previous agreements, understandings or representations, written or oral, made by
the parties to one another regarding the subject matter of this Agreement.
8. Dominium hereby agrees to indemnify and hold harmless the City and its officers,
employees and agents from claims made by it or third parties for damages sustained or costs
incurred in connection with this Agreement, the Water Supply Improvements or use of untreated
municipal water for the lawn and landscape irrigation system within the Project, or the City's
suspension or termination thereof Dominium agrees to indemnify and hold harmless the City
and its officers, employees and agents for all costs, damages and expenses which the City may
pay or incur in connection with such claim, including attorneys' fees, except matters involving
acts of gross negligence by the City.
9. This Agreement may not be assigned by Dominium without the prior written
approval of the City, except that Dominium is authorized to assign this Agreement to the Medina
Clydesdale Townhomes homeowners' association or similar entity with notification to the City
of such assignment.
10. Any notice to be given under this Agreement shall be considered given upon
personal delivery or deposit in the United States mail, certified or registered, return receipt
requested, postage paid and delivered to:
a) As to the City:
City of Medina
2052 County Road 24
Medina, MN 55340
Attn: City Administrator
b) As to Dominium: Medina Leased Housing Associates I,
Limited Partnership
2905 Northwest Boulevard, Suite 150
Plymouth, MN 55441
Attn: Jeffrey R. Huggett
482835v2 RHB ME230-1PW
3
or such other address as either party may advise the other party of in accordance with this
section.
11. Nothing herein shall be deemed to constitute a partnership or joint venture
between the City and Dominium.
12. If any provision of this Agreement is deemed invalid, illegal or unenforceable by
any court of competent jurisdiction, such provision shall be deemed severable and all other
provisions shall remain in full force and effect.
13. The defined terms in this Agreement which are not defined herein shall have the
meanings given to them in section 710 of the City's code of ordinances, as amended.
14. This Agreement shall be interpreted under the laws of Minnesota.
15. This Agreement may be executed in any number of counterparts, each of which
shall be an original and shall constitute one and the same Agreement.
WHEREUPON, this Agreement shall be dated as of the date first written above.
482835v2 RHB ME230-1PW
CITY OF MEDINA
By:
Bob Mitchell, Mayor
By:
Scott T. Johnson, City Administrator
4
MINNESOTA LEASED HOUSING ASSOCIATES I,
LIMITED PARTNERSHIP
By: Medina Leased Housing Associates I, LLC
Its General Partner
By:
Jeffrey R. Huggett, Vice President
THIS DOCUMENT DRAFTED BY:
Kennedy & Graven, Chartered (RHB)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
482835v2 RHB ME230-1PW
5
EXHIBIT A
PLANS AND SPECIFICATIONS OF WATER SUPPLY IMPROVEMENTS
[Insert Plans and Specifications of Water Supply Improvements]
482835v2 RHB ME230-1PW
A-1
Agenda Item # 5C
CITY OF MEDINA
ORDINANCE NO.
AN ORDINANCE ESTABLISHING AN AMENDED FEE SCHEDULE
The city council of the city of Medina ordains as follows:
Section 1. The 2016 schedule of fees and rates is hereby amended by adding the
underlined text as follows:
Sewer and Water Rates
All rates monthl
Dominium (per unit)
$3.25 per 1,000 gallons
0-13,000 gallons
Dominium (per unit)
$3.81 per 1, (gallon
14,000 and up gallons
Section 2. This ordinance shall become effective upon its adoption and publication.
Adopted by the city council of the city of Medina this day of , 2016.
ATTEST:
Jodi M. Gallup, City Clerk
Published in the Crow River News this
Ordinance No.
July 19, 2016
Bob Mitchell, Mayor
day of , 2016.
Agenda Item # 5D
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2016-
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. BY TITLE AND SUMMARY
WHEREAS, the city council of the city of Medina has adopted Ordinance No.
regarding revisions of the city's fee schedule; 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 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 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. . The ordinance
revises the city's fee schedule to include fees for Dominium utility rates. The ordinance will not be
codified. 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
Clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a
full copy of the ordinance in a public place within the city.
Dated: July 19, 2016.
Bob Mitchell, Mayor
ATTEST:
Jodi M. Gallup, City Clerk
Resolution No. 2016-
July 19, 2016
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2016- 2
July 19, 2016
Agenda Item # 7A 1
Extract of Minutes of Meeting
of the City Council of the City of
Medina, Hennepin County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Medina,
Minnesota, was duly held in the City Hall in said City on Tuesday, July 19, 2016, commencing at 7:00 P.M.
The following members were present:
and the following were absent:
* * *
The Mayor announced that the next order of business was consideration of the proposals which had
been received for the purchase of the City's General Obligation Refunding Bonds, Series 2016A, to be issued
in the original aggregate principal amount of $1,280,000.
The City Clerk presented a tabulation of the proposals which had been received in the manner
specified in the Terms of Proposal for the Bonds. The proposals were as set forth in EXHIBIT A attached.
After due consideration of the proposals, Member then introduced the following
resolution and moved its adoption:
482576v1 JAE ME230-638
RESOLUTION NO. 2016-
A RESOLUTION AWARDING THE SALE OF GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2016A, IN THE
ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $1,280,000;
FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING
THEIR EXECUTION AND DELIVERY; PROVIDING FOR THEIR
PAYMENT; PROVIDING FOR THE ESCROWING AND
INVESTMENT OF THE PROCEEDS THEREOF; AND
PROVIDING FOR THE REDEMPTION OF BONDS REFUNDED
THEREBY
BE IT RESOLVED By the City Council of the City of Medina, Hennepin County, Minnesota
(the "City") as follows:
Section 1. Findings; Sale of Bonds.
1.01. Findings. It is hereby determined that:
(a) Pursuant to Minnesota Statutes, Chapters 429, 469, and 475, as amended
(collectively, the "Act"), the City issued its General Obligation Bonds, Series 2008A (the
"Refunded Bonds"), dated June 17, 2008, in the original aggregate principal amount of
$2,280,000, which are currently outstanding in the aggregate principal amount of $1,370,000, of
which $1,220,000 is callable on or after February 1, 2017. Proceeds of the Refunded Bonds were
used to (i) finance the construction of certain assessable public improvements, including but not
limited to improvements to Hamel Road (the "Assessable Improvements"); and (ii) finance
certain public redevelopment costs in Tax Increment Financing District No. 1-9 (the "TIF
District") within Development District No. 1 in the City (the "Project Area"), including the
undergrounding of electric power lines in the Uptown Hamel area (the "Redevelopment Project").
The portion of the Refunded Bonds allocated to the Assessable Improvements is referred to
herein as the "Refunded Improvement Bonds," and the portion of the Refunded Bonds allocated
to the Redevelopment Project is referred to herein as the "Refunded TIF Bonds."
(b) The City is authorized by Section 475.67, subdivision 13 of the Act to issue and
sell its general obligation bonds to refund outstanding bonds when determined by the City
Council to be necessary and desirable.
(c) The City finds it necessary and desirable to reduce its debt service costs and to
issue its General Obligation Refunding Bonds, Series 2016A (the "Bonds"), in the original
aggregate principal amount of $1,280,000, to achieve the crossover refunding of the Refunded
Bonds by refunding in advance of maturity on February 1, 2017 (the "Redemption Date") the 2018
through 2024 maturities of the Refunded Bonds.
(d) The City is authorized by Minnesota Statutes, Section 475.60, subdivision 2(9) to
negotiate the sale of the Bonds, it being determined that the City has retained an independent
financial advisor in connection with such sale. The actions of the City staff and the City's
municipal advisor in negotiating the sale of the Bonds are ratified and confirmed in all aspects.
Resolution No. 2016-
July 19, 2016
2
1.02. Award to the Purchaser and Interest Rates. The proposal of (the
"Purchaser") to purchase the Bonds of the City is determined to be a reasonable offer and is accepted, the
proposal being to purchase the Bonds at a price of $ (par amount of $1,280,000, [plus original
issue premium of $ ,] [less original issue discount of $ ,] less underwriter's
discount of $ ), plus accrued interest to date of delivery, if any, for Bonds bearing interest as
follows:
Year Interest Rate Year Interest Rate
2018
2019
2020
2021
True interest cost:
2022
2023
2024
1.03. Purchase Contract. The sum of $ , being the amount proposed by the
Purchaser in excess of $1,267,200, shall be credited to the Debt Service Fund hereinafter created or the
Escrow Fund hereinafter created unless the funds are determined to be deposited in another fund by action
of the City's Finance Director in consultation with the City's municipal advisor. The Finance Director is
directed to deposit the good faith check of the Purchaser, pending completion of the sale of the Bonds,
and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Clerk
are directed to execute a contract with the Purchaser on behalf of the City.
1.04. Terms and Principal Amount of Bonds. The City will forthwith issue and sell the Bonds
pursuant to the Act, specifically Section 475.67, subdivision 13, in the original aggregate principal amount of
$1,280,000, originally dated August 11, 2016, in the denomination of $5,000 each or any integral multiple
thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1
in the years and amounts as follows:
Year Amount Year Amount
2018
2019
2020
2021
2022
2023
2024
(a) $890,000 in principal amount of the Bonds (the "Improvement Refunding Bonds"),
maturing in the amounts and on February 1 of the years set forth below, are being used to refinance
the Assessable Improvements:
Year Amount Year Amount
2018
2019
2020
2021
2022
2023
2024
(b) The remainder of the Bonds in the principal amount of $390,000 (the "TIF
Refunding Bonds"), maturing in the amounts and on February 1 of the years set forth below, are
being used to refinance the Redevelopment Project:
Resolution No. 2016-
July 19, 2016
3
Year Amount Year Amount
2018
2019
2020
2021
2022
2023
2024
1.05. Optional Redemption. The Bonds are not subject to optional redemption prior to maturity.
[1.06. Mandatory Redemption; Term Bonds. To be completed if Term Bonds are requested by the
Purchaser.]
Section 2. Registration and Payment.
2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest
thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued
by the Registrar described herein.
2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date
preceding the date of authentication to which interest on the Bond has been paid or made available for
payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or
made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the
date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the
date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year,
commencing February 1, 2017, to the registered owners of record as of the close of business on the fifteenth
day of the immediately preceding month, whether or not that day is a business day.
2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and
paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the
Registrar with respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate trust office a bond
register in which the Registrar provides for the registration of ownership of Bonds and the
registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to
the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the
registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated
transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity,
as requested by the transferor. The Registrar may, however, close the books for registration of any
transfer after the fifteenth day of the month preceding each interest payment date and until that
interest payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner for
exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate
principal amount and maturity as requested by the registered owner or the owner's attorney in
writing.
Resolution No. 2016-
July 19, 2016
4
(d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly
cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for
transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the
endorsement on the Bond or separate instrument of transfer is valid and genuine and that the
requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good
faith, to make transfers which it, in its judgment, deems improper or unauthorized.
(0 Persons Deemed Owners. The City and the Registrar may treat the person in whose
name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond
is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and
interest on the Bond and for all other purposes, and payments so made to a registered owner or upon
the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to
the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner
thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or
other governmental charge required to be paid with respect to the transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is
destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date
and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of
and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable
expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed,
stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was
destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an
appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by
law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to
the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to
the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for
redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment.
2.04. Appointment of Initial Registrar. The City appoints Bond Trust Services Corporation,
Roseville, Minnesota, as the initial Registrar. The Mayor and the City Clerk are authorized to execute and
deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar
with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct
such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the
reasonable and customary charges of the Registrar for the services performed. The City reserves the right to
remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event
the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and
must deliver the bond register to the successor Registrar. On or before each principal or interest due date,
without further order of this Council, the City Clerk must transmit to the Registrar moneys sufficient for the
payment of all principal and interest then due.
2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of
the City Clerk and executed on behalf of the City by the signatures of the Mayor and the City Clerk, provided
that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose
signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery
of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if
the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or
Resolution No. 2016-
July 19, 2016
5
obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a
certificate of authentication on the Bond has been duly executed by the manual signature of an authorized
representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the
same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has
been authenticated and delivered under this resolution. When the Bonds have been so prepared, executed and
authenticated, the City Clerk will deliver the same to the Purchaser upon payment of the purchase price in
accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see
to the application of the purchase price.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed defmitive Bonds one or
more typewritten temporary Bonds in substantially the form set forth in EXHIBIT B attached hereto, with
such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the
execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled.
Section 3. Form of Bond.
3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the form
attached hereto as EXHIBIT B.
3.02. Approving Legal Opinion. The City Clerk is authorized and directed to obtain a copy of
the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to
be complete except as to dating thereof and cause the opinion to be printed on or accompany each Bond.
Section 4. Bonds; Security; Covenants; Escrow.
4.01. Debt Service Fund. For the convenience and proper administration of the moneys to be
borrowed and repaid on the Bonds, and to provide adequate and specific security for the Purchaser and
holders from time to time of the Bonds, there is hereby created a special fund to be designated the General
Obligation Refunding Bonds, Series 2016A Debt Service Fund (the "Debt Service Fund") to be administered
and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds
maintained in the official financial records of the City. There shall be established and maintained within the
Debt Service Fund two separate accounts designated as the "Assessable Improvements Account" and the
"Redevelopment Project Account." The Debt Service Fund will be maintained in the manner herein
specified until all of the Refunded Bonds have been paid and until all of the Bonds and the interest thereon
have been fully paid.
(a) Assessable Improvements Account. To the Assessable Improvements Account of
the Debt Service Fund, there is hereby pledged and irrevocably appropriated and there will be
credited: (i) ad valorem taxes hereinafter levied for the payment of the Improvement Refunding
Bonds and interest thereon (the "Taxes"); (ii) a pro rata portion of any balance remitted to the City
upon the termination of the Escrow Agreement (as defined herein); (iii) after the Redemption Date,
special assessments collected for the payment of the Refunded Improvement Bonds pursuant to the
resolution authorizing the issuance and sale of the Refunded Bonds (the "Prior Resolution"); (iv) a
pro rata portion of amounts over the minimum purchase price of the Bonds paid by the Purchaser, to
the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03 hereof;
(v) all investment earnings on funds in the Assessable Improvements Account and (vi) all other
moneys which are properly available and are appropriated by the City Council to the Assessable
Improvements Account.
(b) Redevelopment Project Account. To the Redevelopment Project Account there is
hereby pledged and irrevocably appropriated and there will be credited: (i) after the Redemption
Resolution No. 2016-
July 19, 2016
6
Date, the tax increment revenues derived from property in the TIF District (the "Tax Increment
Revenues"); (ii) a pro rata portion of any balance remitted to the City upon the termination of the
Escrow Agreement; (iii) a pro rata portion of amounts over the minimum purchase price paid by the
Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with
Section 1.03 hereof; (iv) all investment earnings on funds in the Redevelopment Project Account;
and (v) all other moneys which are properly available and are appropriated by the City Council to the
Redevelopment Project Account.
4.02. Escrow Fund. A portion of the proceeds of the Bonds in the amount of $ will
be deposited in a separate fund (the "Escrow Fund") maintained by U.S. Bank National Association, in Saint
Paul, Minnesota, acting as escrow agent (the "Escrow Agent"). Such funds will be received by the Escrow
Agent and applied to fund the Escrow Fund or to pay costs of issuing the Bonds. Proceeds of the Bonds not
used to pay costs of issuance on the Bonds are hereby irrevocably pledged and appropriated to the Escrow
Fund, together with all investment earnings thereon. The Escrow Fund will be invested in securities maturing
or callable at the option of the holder on such dates and bearing interest at such rates as will be required to
provide sufficient funds, together with any cash or other funds retained in the Escrow Fund, to (i) pay when
due the interest to accrue on the Bonds to and including the Redemption Date; and (ii) pay on the Redemption
Date the principal amount of the Refunded Bonds then outstanding. Other than moneys in the Escrow Fund
used to pay costs of issuance of the Bonds, the Escrow Fund will be irrevocably appropriated to the payment
of the principal of and interest on the Refunded Bonds until the proceeds of the Bonds therein are applied to
prepayment of the Refunded Bonds. The moneys in the Escrow Fund will be used solely for the purposes
herein set forth and for no other purpose, except that any surplus in the Escrow Fund may be remitted to the
City, all in accordance with the Escrow Agreement by and between the City and the Escrow Agent. Any
moneys remitted to the City upon termination of the Escrow Agreement will be deposited on a pro rata basis
to the Assessable Improvements Account and Redevelopment Project Account of the Debt Service Fund.
4.03. Prior Resolution Pledges. The pledges and covenants of the City made by the Prior
Resolutions relating to the Assessments levied for the Assessable Improvements are restated and
confirmed in all respects. The provisions of the Prior Resolution are hereby supplemented to the extent
necessary to give full effect to the provisions hereof.
4.04. Prior Debt Service Fund. The debt service fund and the accounts therein heretofore
established for the Refunded Bonds pursuant to the Prior Resolution is hereby terminated and all monies
therein are hereby transferred to the Assessable Improvements Account and the Redevelopment Project
Account of the Debt Service Fund herein created.
4.05. General Obligation Pledge. For the prompt and full payment of the principal of and interest
on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City will be
and are hereby irrevocably pledged. If the balance in the Escrow Fund or Debt Service Fund is ever
insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the
deficiency will be promptly paid out of monies in the general fund of the City which are available for such
purpose, and such general fund may be reimbursed with or without interest from the Escrow Fund or Debt
Service Fund when a sufficient balance is available therein.
Resolution No. 2016-
July 19, 2016
7
4.06. Pledge of Tax Levies.
(a) To provide moneys for payment of a portion of the principal of and interest on the
Improvement Refunding Bonds maturing after the Redemption Date, there is hereby levied a direct
annual irrepealable ad valorem tax upon all of the taxable property in the City which will be spread
upon the tax rolls and collected with and as part of other general taxes of the City. The ad valorem
taxes will be credited to the Assessable Improvements Account of the Debt Service Fund above
provided and will be in the years and in the amounts attached hereto as EXHIBIT C.
(b) The tax levies are such that if collected in full they, together with estimated
collections of investment earnings (and until the Redemption Date, of all amounts in the Escrow
Fund), Assessments, Tax Increment Revenues, and other revenues herein pledged for the payment of
the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due
the principal and interest payments on the Bonds. The tax levies will be irrepealable so long as any
of the Bonds are outstanding and unpaid, provided that the City reserves the right to reduce the levies
in the manner and to the extent permitted by Section 475.61, subdivision 3 of the Act.
4.07. Cancellation of Prior Levy after Redemption Date. Following the payment in full of all
outstanding principal of and interest on the Refunded Bonds on the Redemption Date, the Finance Director is
hereby directed to certify such fact to and request the Taxpayer Services Division Manager of Hennepin
County, Minnesota (the "Taxpayer Services Division Manager") to cancel any and all tax levies made for the
Refunded Improvement Bonds pursuant to the Prior Resolution.
4.08. Prior Resolution Pledges. The pledges and covenants of the City made by the Prior
Resolution relating to the Assessments levied for the Prior Improvements are restated and confirmed in all
respects. The provisions of the Prior Resolution are hereby supplemented to the extent necessary to give
full effect to the provisions hereof.
4.09. Filing of Resolution. The City Clerk is authorized and directed to file a certified copy of this
resolution with the Taxpayer Services Division Manager and to obtain the certificate required by
Section 475.63 of the Act.
Section 5. Refunding; Findings; Redemption of Refunded Bonds.
5.01. Purpose of Refunding. The 2018 through 2024 maturities of the Refunded Bonds will be
called for redemption on the Redemption Date in the amount of $1,220,000. It is hereby found and
determined that based upon information presently available from the City's municipal advisor, the
issuance of the Bonds, a portion of which will be used to redeem and prepay the Refunded Bonds, is
consistent with covenants made with the holders of the Refunded Bonds.
5.02. Findings. It is hereby found and determined that based upon information presently available
from the City's municipal advisor, the issuance of the Bonds will result in a reduction of debt service cost to
the City on the Refunded Bonds, such that the present value of such debt service or interest cost savings
(the "Reduction") is at least three percent (3%) of the debt service on the Refunded Bonds. The Reduction,
after the inclusion of all authorized expenses of refunding in the computation of the effective interest rate on
the Bonds, is adequate to authorize the issuance of the Bonds as provided by Section 475.67, subdivisions 12
and 13 of the Act.
5.03. Proceeds Pledged to the Escrow Fund. As of the date of delivery of and payment for the
Bonds, proceeds of the Bonds are hereby pledged and appropriated and will be deposited in the Escrow Fund
as follows: (i) $ for the purposes of paying interest on the Bonds to and including the
Resolution No. 2016-
July 19, 2016
8
Redemption Date; and (ii) $ for the purposes of redeeming on the Redemption Date the principal
amount of the Refunded Bonds then outstanding. Proceeds of the Bonds in the amount of $
will also be deposited in the Escrow Fund to pay the costs of issuance of the Bonds.
5.04. Securities to Fund Escrow Fund. Securities purchased, if any, from the moneys in the
Escrow Fund will be limited to securities specified in Section 475.67, subdivision 8 of the Act. Ehlers &
Associates, Inc., and/or U.S. Bank National Association as agent for the City, is hereby authorized and
directed to purchase for and on behalf of the City and in its name, appropriate securities to fund the Escrow
Fund. Upon the issuance and delivery of the Bonds, the securities so purchased will be deposited with the
Escrow Agent and held pursuant to the terms of the Escrow Agreement (as defined herein) and the resolution.
5.05. Notice of Call for Redemption. The Refunded Bonds maturing on February 1, 2018 and
thereafter will be redeemed and prepaid on the Redemption Date in accordance with their terms and in
accordance with the terms and conditions set forth in the form of Notice of Call for Redemption attached
hereto as EXHIBIT D, which terms and conditions are hereby approved and incorporated herein by reference.
The registrar for the Refunded Bonds is authorized and directed to send a copy of the Notice of Call for
Redemption to each registered holder of the Refunded Bonds.
5.06. Escrow Agreement. On or prior to the delivery of the Bonds, the Mayor and the City Clerk
are hereby authorized and directed to execute on behalf of the City an escrow agreement (the "Escrow
Agreement") with the Escrow Agent in substantially the form now on file with the City Clerk. All essential
terms and conditions of the Escrow Agreement including payment by the City of reasonable charges for the
services of the Escrow Agent, are hereby approved and adopted and made a part of this resolution, and the
City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the
Escrow Agent.
Section 6. Authentication of Transcript.
6.01. City Proceedings and Records. The officers of the City are authorized and directed to
prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings
and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such
other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as
shown by the books and records in their custody and under their control, relating to the validity and
marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed
representations of the City as to the facts stated therein.
6.02. Certification as to Official Statement. The Mayor, the City Clerk, and the Finance Director
are hereby authorized and directed to certify that they have examined the Official Statement prepared and
circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and
belief the Official Statement is a complete and accurate representation of the facts and representations made
therein as of the date of the Official Statement.
6.03. Other Certificates. The Mayor, the City Clerk, and the Finance Director are hereby
authorized and directed to furnish to the Purchaser at the closing such certificates as are required as a
condition of sale. Unless litigation shall have been commenced and be pending questioning the Bonds or
the organization of the City or incumbency of its officers, at the closing the Mayor, the City Clerk, and
the Finance Director shall also execute and deliver to the Purchaser a suitable certificate as to absence of
material litigation, and the Finance Director shall also execute and deliver a certificate as to payment for
and delivery of the Bonds.
Resolution No. 2016-
July 19, 2016
9
6.04. Payment of Costs of Issuance. Costs of issuance of the Bonds will be paid by the Escrow
Agent pursuant to the Escrow Agreement.
Section 7. Tax Covenants.
7.01. Tax -Exempt Bonds. The City covenants and agrees with the holders from time to time of
the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action
which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code
of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect at the time
of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action
within its power that may be necessary to ensure that such interest will not become subject to taxation under
the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made
applicable to the Bonds.
7.02. No Rebate Required.
(a) The City will comply with requirements necessary under the Code to establish and
maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the
Code, including without limitation requirements relating to temporary periods for investments,
limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of
excess investment earnings to the United States.
(b) For purposes of qualifying for the small issuer exception to the federal arbitrage
rebate requirements, the City finds, determines and declares that the aggregate face amount of all
tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities
of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not
reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the
Code. Furthermore:
(i) each of the Refunded Bonds was issued as part of an issue which was
treated as meeting the rebate requirements by reason of the exception for governmental units
issuing $5,000,000 or less of bonds;
(ii) the average maturity of the Bonds does not exceed the remaining average
maturity of the Refunded Bonds; and
(iii) no maturity of the Bonds has a maturity date which is later than the date
which is thirty (30) years after the date the Bonds were issued.
7.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds
or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private
activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code.
7.04. Qualified Tax -Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt
obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual
statements and representations:
(a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
Resolution No. 2016-
July 19, 2016
10
(b) the City hereby designates the Bonds as "qualified tax-exempt obligations" for
purposes of Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than private
activity bonds which are not qualified 501(c)(3) bonds) which will be issued by the City (and all
subordinate entities of the City) during calendar year 2016 will not exceed $10,000,000; and
(d) not more than $10,000,000 of obligations issued by the City during calendar year
2016 have been designated for purposes of Section 265(b)(3) of the Code.
7.05. Procedural Requirements. The City will use its best efforts to comply with any federal
procedural requirements which may apply in order to effectuate the designations made by this section.
Section 8. Book -Entry System; Limited Obligation of City.
8.01. The Depository Trust Company. The Bonds will be initially issued in the form of a
separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.04
hereof. Upon initial issuance, the ownership of each such Bond will be registered in the registration books
kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York,
New York, and its successors and assigns ("DTC"). Except as provided in this section, all of the outstanding
Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as
nominee of DTC.
8.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar
in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no
responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for
which DTC holds Bonds as securities depository (the "Participants") or to any other person on behalf of
which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation
with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any
ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a
registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with
respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other
person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any,
or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in
whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute
owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond,
for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying
Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the
respective registered owners, as shown in the registration books kept by the Registrar, and all such payments
will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of
principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person
other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive
a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Clerk of a
written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the
words "Cede & Co." will refer to such new nominee of DTC; and upon receipt of such a notice, the City
Clerk will promptly deliver a copy of the same to the Registrar and Paying Agent.
8.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket
Issuer Letter of Representations (the "Representation Letter") which shall govern payment of principal of,
premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or
Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary
Resolution No. 2016-
July 19, 2016
11
for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent,
respectively, to be complied with at all times.
8.04. Transfers Outside Book -Entry System. In the event the City, by resolution of the City
Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that
they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the
Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer
and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the
provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the
Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under
applicable law. In such event, if no successor securities depository is appointed, the City will issue and the
Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will
apply to the transfer, exchange and method of payment thereof
8.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the
contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with
respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be
made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the
Representation Letter.
Section 9. Continuing Disclosure.
9.01. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate"
means that certain Continuing Disclosure Certificate executed by the Mayor and City Clerk and dated the
date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to
time in accordance with the terms thereof.
9.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby
covenants and agrees that it will comply with and carry out all of the provisions of the Continuing
Disclosure Certificate. Notwithstanding any other provision of this resolution, failure of the City to
comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect
to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate,
including seeking mandate or specific performance by court order, to cause the City to comply with its
obligations under this section.
Section 10. Defeasance. When all Bonds and all interest thereon have been discharged as
provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the
Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full
payment of the principal of and interest on the Bonds will remain in full force and effect. The City may
discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum
sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest
accrued to the date of such deposit.
(The remainder of this page is intentionally left blank )
Resolution No. 2016-
July 19, 2016
12
Dated: July 19, 2016
Bob Mitchell, Mayor
ATTEST:
Jodi Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by Member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Resolution No. 2016-
July 19, 2016
13
EXHIBIT A
PROPOSALS
482576v1 JAE ME230-638
A-1
No. R-
EXHIBIT B
FORM OF BOND
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF MEDINA
GENERAL OBLIGATION REFUNDING BOND
SERIES 2016A
Date of
Rate Maturity Original Issue
February 1, 20_ August 11, 2016
Registered Owner: Cede & Co.
CUSIP
The City of Medina, Minnesota, a duly organized and existing municipal corporation in Hennepin
County, Minnesota (the "City"), acknowledges itself to be indebted and for value received promises to pay to
the Registered Owner specified above or registered assigns, the principal sum of $ on the
maturity date specified above, with interest thereon from the date hereof at the annual rate specified above,
payable February 1 and August 1 in each year, commencing February 1, 2017, to the person in whose name
this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the
immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal
hereof are payable in lawful money of the United States of America by check or draft by Bond Trust Services
Corporation, Roseville, Minnesota as Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or
its designated successor under the Resolution described herein. For the prompt and full payment of such
principal and interest as the same respectively become due, the full faith and credit and taxing powers of the
City have been and are hereby irrevocably pledged.
The Bonds are not subject to optional redemption prior to maturity.
This Bond is one of an issue in the aggregate principal amount of $1,280,000 all of like original issue
date and tenor, except as to number, maturity date, and interest rate, all issued pursuant to a resolution
adopted by the City Council on July 19, 2016 (the "Resolution"), for the purpose of providing money to
refund in advance of maturity on February 1, 2017, a portion of certain general obligation bonds of the City,
pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including
Minnesota Statutes, Chapters 429, 469, and 475, specifically Section 475.67, subdivision 13. The interest
hereon is payable through February 1, 2017 out of an escrow fund held by an escrow agent and a debt service
fund. Thereafter, principal and interest are payable in part from special assessments, tax increment revenues
from the City's Tax Increment District No. 1-9, and ad valorem taxes, as set forth in the Resolution to which
reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the
City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy
additional ad valorem taxes on all taxable property in the City in the event of any deficiency in special
assessments, tax increment revenues, and ad valorem taxes pledged, which additional taxes may be levied
482576v1 JAE ME230-638
B-1
without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in
denominations of $5,000 or any integral multiple thereof of single maturities.
The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified
tax-exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as
amended (the "Code") relating to disallowance of interest expense for financial institutions and within the
$10 million limit allowed by the Code for the calendar year of issue.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond is
transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof
in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written
instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's
attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such
transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or
registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on
the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Registrar may deem and treat the person in whose name this Bond is registered as
the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for
all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions
and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and
to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding
general obligation of the City in accordance with its terms, have been done, do exist, have happened and have
been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City
to exceed any constitutional or statutory limitation of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the
Resolution until the Certificate of Authentication hereon has been executed by the Registrar by manual
signature of one of its authorized representatives.
1N WITNESS WHEREOF, the City of Medina, Hennepin County, Minnesota, by its City Council,
has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City
Clerk and has caused this Bond to be dated as of the date set forth below.
Dated: August 11, 2016
CITY OF MEDINA, MINNESOTA
(Facsimile) (Facsimile)
Mayor City Clerk
482576v1 JAE ME230-638
B-2
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
BOND TRUST SERVICES CORPORATION
By
Its Authorized Officer
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Bond, will be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants in common
TEN ENT -- as tenants by entireties
JT TEN -- as joint tenants with right of
survivorship and not as tenants in common
UNIF GIFT MIN ACT
Custodian
(Cust) (Minor)
under Uniform Gifts or Transfers to Minors
Act, State of
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and does hereby
irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for
registration of the within Bond, with full power of substitution in the premises.
Dated:
Notice:
Signature Guaranteed:
The assignor's signature to this assignment must correspond with the name as it
appears upon the face of the within Bond in every particular, without alteration or
any change whatever.
482576v1 JAE ME230-638
B-3
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities
Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the
New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee
program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or
MSP, all in accordance with the Securities Exchange Act of 1934, as amended.
The Registrar will not effect transfer of this Bond unless the information concerning the assignee
requested below is provided.
Name and Address:
(Include information for all joint owners if this Bond is
held by joint account.)
Please insert social security or other identifying
number of assignee
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on the books of
the Registrar in the name of the person last noted below.
Date of Registration
Signature of
Registered Owner Officer of Registrar
Cede & Co.
Federal ID #13-2555119
482576v1 JAE ME230-638
B-4
EXHIBIT C
TAX LEVY
YEAR * TAX LEVY
* Year tax levy collected.
482576v1 JAE ME230-638
C-1
EXHIBIT D
NOTICE OF CALL FOR REDEMPTION
$2,280,000
CITY OF MEDINA, MINNESOTA
GENERAL OBLIGATION BONDS
SERIES 2008A
NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Medina, Hennepin
County, Minnesota (the "City"), there have been called for redemption and prepayment on
February 1, 2017
all outstanding bonds of the City designated as General Obligation Bonds, Series 2008A, dated
June 17, 2008, having stated maturity dates of February 1 in the years 2018 through 2024, both inclusive,
totaling $1,220,000 in principal amount, and with the following CUSIP numbers:
Year of Maturity
Amount CUSIP Number
2018 $155,000 584768 LQ6
2019 160,000 584768 LR4
2020 165,000 584768 LS2
2022 355,000 584768 LU7
2024 385,000 584768 LW3
The bonds are being called at a price of par plus accrued interest to February 1, 2017, on which date
all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are
requested to present their bonds for payment at the main office of Bond Trust Services Corporation, 3060
Centre Pointe Drive, Roseville, Minnesota 55113, on or before February 1, 2017.
Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of
2003, the paying agent is required to withhold a specified percentage of the principal amount of the
redemption price payable to the holder of any bonds subject to redemption and prepayment on the
redemption date, unless the paying agent is provided with the Social Security Number or Federal
Employer Identification Number of the holder, properly certified. Submission of a fully executed Request
for Taxpayer Identification Number and Certification, Form W-9 (Rev. December 2011), will satisfy the
requirements of this paragraph.
Dated:
BY ORDER OF THE CITY COUNCIL
By /s/ Jodi Gallup
City Clerk
City of Medina, Minnesota
482576v1 JAE ME230-638
D-1
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS.
CITY OF MEDINA )
I, the undersigned, being the duly qualified City Clerk of the City of Medina, Minnesota (the "City"),
do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular
meeting of the City Council of the City held on July 19, 2016, with the original minutes on file in my office
and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of
the City's General Obligation Refunding Bonds, Series 2016A, in the original aggregate principal amount of
$1,280,000.
WITNESS My hand officially as such City Clerk and the corporate seal of the City this day of
, 2016.
City Clerk
City of Medina, Minnesota
(SEAL)
482576v1 JAE ME230-638
Agenda Item # 7A2
CROSSOVER REFUNDING ESCROW AGREEMENT
Relating to:
$2,280,000
City of Medina, Minnesota
General Obligation Bonds
Series 2008A
THIS CROSSOVER REFUNDING ESCROW AGREEMENT, dated August 11, 2016 (the
"Agreement"), is made pursuant to Minnesota Statutes, Section 475.67, subdivision 13 (the "Act") and
executed by and between the City of Medina, Hennepin County, Minnesota (the "City"), and U.S. Bank
National Association, Saint Paul, Minnesota, a national banking corporation (the "Escrow Agent"):
WITNESSETH: That the parties hereto recite and, in consideration of the mutual covenants
contained herein, covenant and agree as follows:
1. The City previously issued its General Obligation Bonds, Series 2008A (the "Refunded
Bonds"), dated June 17, 2008, in the original aggregate principal amount of $2,280,000, which are currently
outstanding in the aggregate principal amount of $1,370,000, of which $1,220,000 in principal amount is
subject to redemption on or after February 1, 2017. Pursuant to a resolution adopted by the City Council of
the City on July 19, 2016 (the "Resolution"), the City has provided for the issuance of its General Obligation
Refunding Bonds, Series 2016A (the "Refunding Bonds"), in the original aggregate principal amount of
$1,280,000. On the date hereof, a portion of the proceeds of the Refunding Bonds will be deposited with the
Escrow Agent to be used to redeem and prepay the 2018 through 2024 maturities of the Refunded Bonds on
February 1, 2017 (the "Redemption Date") and pay the interest due on the Refunding Bonds through the
Redemption Date.
2. The City, in accordance with the Resolution, issued and sold the Refunding Bonds in the
principal amount of $1,280,000, and has received proceeds of the Refunding Bonds in the amount of
$ (par amount of the Refunding Bonds of $1,280,000, [plus original issue premium of
$ ,] [less original issue discount of $ ,] less underwriter's discount of $ ). The
City has deposited proceeds of the Refunding Bonds in the amount of $ to the Escrow Account (as
defined herein), to be allocated as follows: (i) the amount of $ shall be invested in securities
which are general obligations of the United States, securities whose principal and interest payments are
guaranteed by the United States (the "Federal Securities"), as described in the schedule which is attached
hereto, marked EXHIBIT A and made a part hereof; (ii) the amount of $ shall be an initial cash
deposit in the Escrow Account and shall remain uninvested; (iii) the amount of $ shall be
applied by the Escrow Agent to payment of costs of issuance as specified in paragraph 3 hereof; [and (iv)
$ shall be disbursed to the City on the date hereof for deposit to the Debt Service Fund
established for the Refunding Bonds.] The purchased securities and initial cash deposit will be irrevocably
deposited with the Escrow Agent on the date of this Agreement. It is understood and agreed that the dates
and amounts of payments of principal and interest due on the securities so deposited are as indicated in
EXHIBIT B, and that the principal and interest payments due on such securities together with the initial cash
deposit are such as to provide the funds required to pay the interest payable on the Refunding Bonds to the
date on which any of the Refunded Bonds have been directed to be prepaid, as stated in the Resolution, and to
pay the outstanding principal amount of the Refunded Bonds on such date.
3. The Escrow Agent acknowledges receipt of the securities described in paragraph 2 hereof
and agrees that it will hold such securities in a special escrow account (the "Escrow Account") created by the
482430v1 JAE ME230-638
Resolution in the name of the City, and will collect and receive on behalf of the City all payments of principal
of and interest on such securities and will remit from the Escrow Account (i) to the paying agent for the
Refunding Bonds the funds required to pay the interest due on the Refunding Bonds through the Redemption
Date; and (ii) to the paying agent for the Refunded Bonds the funds needed for the redemption and
prepayment of the outstanding principal amount of the Refunded Bonds on the Redemption Date. After
provision for payment of the principal of all remaining Refunded Bonds, the Escrow Agent will remit any
remaining funds in the Escrow Account to the City. Of the amounts deposited with the Escrow Agent, the
sum of $ shall be used by the Escrow Agent for payment and disbursement of the costs of
issuance of the Refunding Bonds as set forth in EXHIBIT C attached hereto. [The Escrow Agent shall return
the sum of $ to the City in the form of a check for deposit to the Debt Service Fund
established for the Refunding Bonds.]
4. In order to ensure continuing compliance with the Internal Revenue Code of 1986, as
amended, and regulations promulgated thereunder (collectively, the "Code"), the Escrow Agent agrees that it
will not reinvest any cash received in payment of the principal of and interest on the Federal Securities held in
the Escrow Account. This prohibition on reinvestment shall continue unless and until an opinion is received
by the Escrow Agent from nationally recognized bond counsel that reinvestments, as specified in said
opinion, may be made in a manner consistent with the Code. Reinvestment, if any, of amounts in the Escrow
Account made pursuant to this paragraph may be made only in direct obligations of the United States of
America which mature prior to the next date on which either principal of or interest on the Refunded Bonds is
payable.
5. The Escrow Agent expressly waives any lien upon or claim against the moneys and
investments in the Escrow Account.
6. If at any time it shall appear to the Escrow Agent that the money in the Escrow Account
allocable for such use hereunder will not be sufficient to make any interest payment due to the holders of any
of the Refunding Bonds, or principal payment due to the holders of any of the Refunded Bonds, the Escrow
Agent shall immediately notify the City. The City thereupon shall forthwith deposit in the Escrow Account
from funds on hand and legally available to it such additional funds as may be required to meet fully the
amount to become due and payable. The City acknowledges its obligation to levy ad valorem taxes on all
taxable property in the City to the extent required to produce moneys necessary for this purpose. The City
and Escrow Agent acknowledge receipt of a verification report from Barthe & Wahrman, PA, Bloomington,
Minnesota, certified public accountants, of even date herewith, to the effect that such cash and securities are
sufficient to comply with the requirements of the Act.
7. The City will not repeal or amend the Resolution which calls the Refunded Bonds for
redemption on the Redemption Date. The Escrow Agent shall cause the Notice of Call for Redemption
attached hereto as EXHIBIT D to be mailed not less than sixty (60) days prior to the Redemption Date of the
Refunded Bonds to the paying agent for the Refunded Bonds for the purpose of giving notice not less than
thirty (30) days prior to the Redemption Date to the registered owners of the Refunded Bonds to be
redeemed, at their addresses appearing in the bond register and also to the bank at which the principal of and
interest on the Refunded Bonds are then payable.
8. The Escrow Agent shall cause the Notice of Defeasance attached hereto as EXHIBIT E to be
filed with the Municipal Securities Rulemaking Board within ten (10) business days of the issuance of the
Refunding Bonds.
9. Within thirty (30) days of December 31, 2016, and each December 31 thereafter until
termination of the Escrow Account, the Escrow Agent shall submit to the City a report covering all money it
shall have received and all payments it shall have made or caused to be made hereunder during the preceding
482430v1 JAE ME230-638
2
twelve months. Such report shall also list all obligations held in the Escrow Account and the amount of
money on hand in the Escrow Account on the last day of December of each year.
10. It is recognized that title to the Federal Securities and money held in the Escrow Account
from time to time shall remain vested in the City but subject always to the prior charge and lien thereon of
this Agreement and the use thereof required to be made by the provisions of this Agreement. The Escrow
Agent shall hold all such money and obligations in a separate special escrow account wholly segregated from
all other funds and securities of the Escrow Agent, and shall never commingle such money or securities with
other money or securities. It is understood and agreed that the responsibility of the Escrow Agent under this
Agreement is limited to the safekeeping and segregation of the funds and securities deposited with it in said
escrow account, the collection of and accounting for the principal and interest payable with respect thereto,
the reinvestment of certain funds in United States Treasury Obligations, State and Local Government Series
with zero interest which are not being held as uninvested cash and the remittance of the funds to the paying
agent as provided in this Agreement.
11. This Agreement is made by the City for the benefit of the holders of the Refunded Bonds,
and is not revocable by the City, and the investments and other funds deposited in the Escrow Account and
all income therefrom have been irrevocably appropriated for the payment of the callable principal amount of
the Refunded Bonds on the Redemption Date and the interest on the Refunding Bonds to the Redemption
Date in accordance with this Agreement.
12. This Agreement shall be binding upon and shall inure to the benefit of the City and the
Escrow Agent and their respective successors and assigns. In addition, this Agreement shall constitute a
third -party beneficiary contract for the benefit of the holders of the Refunded Bonds and said third -party
beneficiaries shall be entitled to enforce performance and observance by the City and the Escrow Agent of
the respective agreements and covenants herein contained as fully and completely as if said third -party
beneficiaries were parties hereto. Any bank into which the Escrow Agent may be merged or with which it
may be consolidated or any bank resulting from any merger or consolidation to which it shall be a party or
any bank to which it may sell or transfer all or substantially all of its corporate trust business shall, if the City
approves, be the successor agent without the execution of any document or the performance of any further
act.
13. The Escrow Agent hereby certifies that it is a financial institution whose deposits are insured
by the Federal Deposit Insurance Corporation and whose capital and surplus is not less than $500,000.
14. The Escrow Agent may at any time resign and be discharged of its obligations hereunder by
giving to the City Administrator -Clerk of the City written notice of such resignation not less than sixty (60)
days before the date when the same is to take effect, provided that the Escrow Agent shall return to the City
the pro rata portion of its fee which is allocable to the period of time commencing on the effective date of
such resignation. Such resignation shall take effect upon the date specified in the notice, or upon the
appointment and qualification of a successor prior to that date. In the event of such resignation, a successor
shall promptly be appointed by the City, and the City Administrator -Clerk of the City shall immediately give
written notice thereof to the predecessor escrow agent and publish the notice in the manner described in this
paragraph 14. If, in a proper case, no appointment of a successor agent is made within forty-five (45) days
after the receipt by the City of notice of such resignation, the Escrow Agent or the holder of any Refunded
Bond may apply to any court of competent jurisdiction to appoint a successor escrow agent, which
appointment may be made by the Court after such notice, if any, as the Court may prescribe. Any successor
escrow agent appointed hereunder shall execute, acknowledge and deliver to its predecessor escrow agent
and to the City a written acceptance of such appointment, and shall thereupon without any further act, deed or
conveyance become fully vested with all moneys, properties, duties and obligations of its predecessor, but the
predecessor shall nevertheless pay over, transfer, assign and deliver all moneys, securities or other property
482430v1 JAE ME230-638
3
held by it to the successor escrow agent, shall execute, acknowledge and deliver such instruments of
conveyance and do such other things as may reasonably be required to vest and confirm more fully and
certainly in the successor escrow agent all right, title and interest in and to any property held by it hereunder.
Any bank into which the Escrow Agent may be merged or with which it may be consolidated or any bank
resulting from any merger or consolidation to which it shall be a party or any bank to which it may sell or
transfer all or substantially all of its corporate trust business shall, if the City approves, be the successor
escrow agent without the execution of any document or the performance of any further act.
15. The Escrow Agent acknowledges receipt of the sum of $
for its services to be performed under this Agreement.
as its full compensation
16. The duties and obligations of the Escrow Agent shall be as prescribed by the provisions of
this Agreement and the Escrow Agent shall not be liable hereunder except for failure to perform its duties and
obligations as specifically set forth herein or to act in good faith in the performance thereof and no implied
duties or obligations shall be incurred by the Escrow Agent other than those specified herein.
17. Any notice, authorization, request or demand required or permitted to be given in
accordance with the terms of this Agreement shall be in writing and sent by registered or certified mail
addressed:
If to the City:
City of Medina
2052 County Road 24
Medina, MN 55340
Attention: City Administrator -Clerk
If to the Escrow Agent: U.S. Bank National Association
60 Livingston Avenue
EP-MN-WS3C
St. Paul, MN 55107-2292
Attention: Corporate Trust Services
18. The exhibits which are a part of this Agreement are as follows:
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
Federal Securities
Principal and Interest Payments on Federal Securities
Costs of Issuance
Notice of Call for Redemption
Notice of Defeasance
482430v1 JAE ME230-638
4
IN WITNESS WHEREOF the parties hereto have caused this Crossover Refunding Escrow
Agreement to be duly executed by their duly authorized officers, in counterparts, each of which is deemed to
be an original agreement, as of the date and year first written above.
CITY OF MEDINA, MINNESOTA
By
Its Mayor
(SEAL)
By
Its City Clerk
Security Advice Waiver:
The City acknowledges that to the extent regulations of the Comptroller of the Currency or any other
regulatory entity grant the City the right to receive brokerage confirmations of the security transactions as
they occur, the City specifically waives receipt of such confirmations to the extent permitted by law. The
Escrow Agent will furnish the City with period cash transaction statements that include the detail for all
investment transactions made by the Escrow Agent for all current and future accounts.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT:
To help the government fight the funding of terrorism and money laundering activities, Federal law requires
all fmancial institutions to obtain, verify and record information that identifies each person who opens an
account. For a non -individual person such as a business entity, a charity, a Trust or other legal entity we will
ask for documentation to verify its formation and existence as a legal entity. We may also ask to see financial
statements, licenses, and identification and authorization documents from individuals claiming authority to
represent the entity or other relevant documentation.
(Signature page of the City to the Crossover Refunding Escrow Agreement
related to the City of Medina's General Obligation Bonds, Series 2008A)
482430v1 JAE ME230-638
S-1
Execution page of the Escrow Agent to the Crossover Refunding Escrow Agreement, dated as of the date and
year first written above.
U.S. BANK NATIONAL ASSOCIATION
By
Its Vice President
(Signature page of the Escrow Agent to the Crossover Refunding Escrow Agreement
related to the City of Medina's General Obligation Bonds, Series 2008A)
482430v1 JAE ME230-638
S-2
EXHIBIT A
FEDERAL SECURITIES
482430v1 JAE ME230-638
A-1
EXHIBIT B
PRINCIPAL AND INTEREST PAYMENTS ON FEDERAL SECURITIES
482430v1 JAE ME230-638
B-1
EXHIBIT C
COSTS OF ISSUANCE
Financial Advisor
Rating Agency
Bond Counsel
CPA/Verification Report
Escrow Agent
Paying Agent
TOTAL
[In addition to paying the above -referenced costs of issuance, the Escrow Agent shall return the amount of
$ to the City for deposit to the Debt Service Fund established for the Refunding Bonds.]
482430v1 JAE ME230-638
C-1
EXHIBIT D
NOTICE OF CALL FOR REDEMPTION
$2,280,000
CITY OF MEDINA, MINNESOTA
GENERAL OBLIGATION BONDS
SERIES 2008A
NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Medina, Hennepin
County, Minnesota (the "City"), there have been called for redemption and prepayment on
February 1, 2017
all outstanding bonds of the City designated as General Obligation Bonds, Series 2008A, dated
June 17, 2008, having stated maturity dates of February 1 in the years 2018 through 2024, both inclusive,
totaling $1,220,000 in principal amount, and with the following CUSIP numbers:
Year of Maturity
Amount CUSIP Number
2018 $155,000 584768 LQ6
2019 160,000 584768 LR4
2020 165,000 584768 LS2
2022 355,000 584768 LU7
2024 385,000 584768 LW3
The bonds are being called at a price of par plus accrued interest to February 1, 2017, on which date
all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are
requested to present their bonds for payment at the main office of Bond Trust Services Corporation, 3060
Centre Pointe Drive, Roseville, Minnesota 55113, on or before February 1, 2017.
Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of
2003, the paying agent is required to withhold a specified percentage of the principal amount of the
redemption price payable to the holder of any bonds subject to redemption and prepayment on the
redemption date, unless the paying agent is provided with the Social Security Number or Federal
Employer Identification Number of the holder, properly certified. Submission of a fully executed Request
for Taxpayer Identification Number and Certification, Form W-9 (Rev. December 2011), will satisfy the
requirements of this paragraph.
Dated:
BY ORDER OF THE CITY COUNCIL
By /s/ Jodi Gallup
City Clerk
City of Medina, Minnesota
482430v1 JAE ME230-638
D-1
EXHIBIT E
NOTICE OF DEFEASANCE
$2,280,000
CITY OF MEDINA, MINNESOTA
GENERAL OBLIGATION BONDS
SERIES 2008A
NOTICE IS HEREBY GIVEN to the holders of the above -described bonds (the "Bonds"), dated
June 17, 2008, and maturing on February 1 of the years and amounts shown below, that U.S. Government
Securities have been deposited with U.S. Bank National Association, Saint Paul, Minnesota (the "Escrow
Agent"), in an amount sufficient to defease the 2018 through 2024 maturities of such Bonds. Interest on
the Bonds will continue to be paid by the City of Medina, Minnesota, from cash on hand. The outstanding
Bonds will be redeemed and prepaid in full on February 1, 2017, and are identified below by CUSIP
number:
Year of Maturity
Dated:
Amount CUSIP Number
2018 $155,000 584768 LQ6
2019 160,000 584768 LR4
2020 165,000 584768 LS2
2022 355,000 584768 LU7
2024 385,000 584768 LW3
, 2016
U.S. BANK NATIONAL ASSOCIATION, as
Escrow Agent
482430v1 JAE ME230-638
E-1
MEMORANDUM
TO: City Council, through City Administrator Scott Johnson
FROM: Jim Stremel, City Engineer
DATE: July 13, 2016
MEETING: July 19, 2016
SUBJECT: 2016 Deerhill Road Extension Project — Receive Bids
Background:
On June 21, 2016 the City Council adopted a resolution approving the 2016 Deerhill Road
Extension Project plans and specifications and authorizing advertising for bids. Bids were
opened publically at 11:00 am on July 14, 2016 and a bid summary has been attached. In the
interest of conserving paper we have not attached the full bid tabulation, but a copy can be
provided upon request.
Over the last week, the developer has been in discussions with City staff concerning the schedule
of the project. At this point, the developer would like to start their portion of the project in early
September of 2016. The City's project contract has been amended to reflect this change, which
will not allow the City's improvements to begin until the fall, instead of this summer.
We do not recommend any council action until the agreements and plat are recorded.
City Council Action Requested:
No action is necessary at this time.
BID TABULATION SUMMARY
PROJECT: 2016 Deerhill Preserve Improvement Project
OWNER(S): City of Medina, MN
WSB PROJECT NO.: 2712-910
BIDS OPENED: Thursday, July 14, 11:00 a.m. Local Time
Contractor
Bid Add. No. 1
Security Rec'd.
(5%)
Total Base Bid Total Base Bid + Bid Total Base Bid + Bid
(Schedules A + B) Alternate A (A + B + C) Alternate B (A + B + D)
1 Midwest Asphalt Corporation X X $561,406.62 $694,086.62 $698,776.62
2 Omann Brothers, Inc. X X
3 Park Construction Company X X $644,375.51 $818,962.51 $831,921.51
$561,475.75
$694,735.75 $701,221.75
Engineer's Opinion of Cost
$605,130.00
$756,730.00 $768,830.00
We hereby certify that this is a true and correct tabulation of the bids as received on July 14, 2016.
James L. Stremel, PE, Project Manager
Denotes corrected figure
K:102712-9101AdminlConstruction Admin12712-910 CST Bid Tab Summary
Agenda Item # 8B
MEMORANDUM
TO: Mayor Mitchell and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson
DATE: July 13, 2016
MEETING: July 19, 2016 City Council
SUBJ: AutoMotorPlex — PUD Concept Plan Review —
East of Arrowhead Dr., N. of Hamel Road —
Review Deadline
Complete Application Received: July 6, 2016
60-day Review Deadline: September 4, 2016
Summary of Request
Bruno Silikowski has requested review of a PUD Concept Plan for construction of an
"Automotorplex," a series of finished garages designed for motorsports enthusiasts. The concept
shows nine buildings of approximately 215,000 total square feet. The applicant operates a
similar facility in Chanhassen.
The subject site is approximately 18 acres in area, guided for Business development and zoned
Business Park. The site is currently tilled farmland. A wetland is located in the middle of the
site. The proposed site would need to be subdivided off of surrounding land in order to be
developed as shown on the concept.
Property to the west of the subject site is guided and zoned rural residential. Property to the
north is guided business and currently farmed. Property to the east is guided business and
currently a rural lot. Loram operates a warehouse on the property to the south. An aerial of the
site and surrounding property can be found at the top of the following page.
The applicant is considering a PUD in order to allow flexibility in the development because it is
not a standard business use and to allow a more residential feel to the building construction.
The purpose of a PUD Concept Plan is to provide feedback to the applicant prior to a formal
application. The Planning Commission and City Council will not take any action and the
feedback is purely advisory.
Comprehensive Plan
As noted above, the subject property is guided Business (B) in the current Comp Plan and is
planned for development in the current staging period. The objectives of the Commercial and
Business land uses are attached for reference.
The City is currently in the midst of its decennial Comprehensive Plan update. The Steering
Committee has put together drafts of a Vision, Community Goals, and a draft Land Use map,
which was routed to the Council during an earlier concept plan review. No substantial changes
are currently proposed for the subject or surrounding properties.
AutoMotorPlex Page 1 of 7 July 19, 2016
Concept Plan Review City Council Meeting
Proposed Site Layout
The concept plan shows buildings north and south of the wetland on the site, with the buildings
separated by approximately 50 feet. Buildings vary in size from 12,800 square feet to 40,000
square feet. A single access point is proposed off of Arrowhead Drive, approximately 1,300 feet
south of Loram's southern access point.
The site was generally laid out according to the BP standards. It appears that the concept
requests flexibility to be closer to the eastern property line than would be required in the BP
district. The table at the top of the following page summarizes the proposed concept and the
requirements of the underlying BP district. The applicant has indicated that they may need to
adjust the concept a bit, and may request some additional flexibility beyond that shown on the
concept plan. The applicant is considering a PUD, which would permit flexibility if it serves the
broader purpose of the PUD and other city objectives. As noted above, the property to the east is
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Concept Plan Review City Council Meeting
guided Business, but currently contains a home. This fact likely warrants discussion when
considering appropriate setbacks under a PUD.
BP Requirement
Requested
Shown on
Concept
Minimum Lot Size
3 acres
17 acres
18 acres
Minimum Lot Width
200 feet
1105 feet
1105 feet
Minimum Lot Depth
200 feet
700 feet
700 feet
Front Yard Setback
50 feet
50 feet
80 feet
Rear Yard Setback
30 feet
20 feet
20 feet
Side Yard Setback
30 feet
20 feet
50 feet
Residential Setback
100 feet
100 feet
100 feet
Residential Setback (w/ buffer)
75 feet
75 feet
100 feet
Parking Setbacks
Front
35 feet
35 feet
50 feet
Rear/Side
20 feet
10 feet
20 feet
Residential
100 feet
100 feet
115 feet
Residential (w/ buffer)
60 feet
60 feet
115 feet
Max. Hardcover
70%
61.4%
61.4%
The proposed use is fairly unique and is not explicitly listed in the city's zoning regulations. The
garages are privately owned and store non-commercial items. The recreational and social/"club"
aspects of the use differentiate it from typical storage garages. The applicant also proposes
ancillary uses (retail, repair, conference spaces). These unique uses appear best addressed
thorough a PUD. The Planning Commission and City Council should determine if the subject
property is appropriate to accommodate such a mix of uses.
Staff has some concern related to how the concept appears to propose to subdivide the subject
property. It appears that approximately 1.25 acre of land to the south of the proposed buildings
would be landlocked if divided as shown. The only way to access the property would be by
impacting wetlands. Staff recommends that any future formal application not create this
situation.
Architectural Design
The applicant proposes LP SmartBoard lap siding as a primary building material. This material
is not permitted in the BP district. The applicant seeks flexibility via the PUD in order to support
a less industrial architectural finish. The BP district requires "a minimum of 20 percent of the
building exterior shall be brick, natural stone, stucco (not Exterior Insulation and Finish System
or similar product), copper, or glass." Staff would recommend this at a minimum as a part of the
PUD.
The BP code requires that "buildings shall be designed to avoid long, monotonous building
walls. Modulation may include varying building height, building setback, or building
materials/design. Generally, a particular building elevation shall include a minimum of one
element of modulation per 100 feet of horizontal length, or portion thereof." The rendering
provided by the applicant shows a good deal of modulation. Staff did note that the modulation
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Concept Plan Review City Council Meeting
appears to be greater in the interior spaces. The applicant should ensure that modulation and
general architectural design is best on the facades facing the exterior of the site.
The BP code requires that "building elevations which face a public street shall include generous
window coverage." The applicant shall note this requirement if proceeding with a formal
application.
Garage Doors
The proposed buildings include a substantial amount of garage doors to access the garages. The
BP zoning ordinance limits loading docks to 20% of the building perimeter. Docks which are
screened by buildings do not count in this amount. The BP district also requires docks within
300 feet of residential property to be screened by a building.
The applicant has attempted to screen as many of the doors as practical with buildings, but it
appears that the remaining elevations would far exceed 20% . The applicant seeks flexibility
under the PUD. It should be noted that the garage doors are not typical loading docks, which
would often have trucks backed up to them. If the Planning Commission and Council support
such flexibility, they may wish to consider requiring more architecturally attractive doors on the
garage doors facing the exterior of the site.
Tree Preservation and Landscaping
There are no existing significant trees on the site.
The applicant has not provided a landscaping plan along with the concept plan. The BP district
requires planting based on the perimeter of the site. In this case, a minimum of 73 overstory, 37
ornamental trees and 121 shrubs would be required.
The BP district also requires 8% of the area within the parking lot and loading docks to be
landscaped and requires landscaping adjacent to buildings. It appears that the concept plan
shows a fairly continuous arrangement of buildings and drive aisles. Staff recommends that the
site plan incorporate more greens spaces between buildings and drive aisles.
Parking and Events
The concept plan does not explicitly show parking areas, so appropriate parking will need to be
provided on future submittals. On a day-to-day basis, the parking need for the garages would
appear to be fairly low. There would be opportunities to park in front of the units, provided it
does not block drive aisles.
The retail uses and any conference space would need to provide their own parking as well. The
other primary consideration would be parking for events. At their Chanhassen facility, the
AutoMotorPlex hosts monthly car shows with over 500 cars and hundreds of visitors. They also
host smaller events on weeknights. The applicant has indicated that they have obtained the
ability to park at Loram for large events. Staff would recommend further discussions related to
these events with the applicant and that a set of conditions be established to mitigate any impacts
on neighboring properties or public rights -of -way.
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Concept Plan Review City Council Meeting
Wetlands and Floodplain
The concept plan shows a wetland in the center of the site along with a drainageway in the
southwest corner. It appears that the concept plan has accommodated the City's minimum
upland buffers around the wetland areas.
FEMA maps identify no floodplains on the subject properties.
Transportation
The applicant proposes a single access to Arrowhead Drive. An existing stoplight at Highway 55
would support traffic from the west, north, and east. Southbound traffic would likely wind
through Hamel Road, and Willow Drive. The City Engineer has not raised capacity concerns
related to nearby roadways. Both Arrowhead Drive and Hamel Road are county roads and the
applicant will need to follow any recommendations by Hennepin County related to necessary
improvements to support the development.
Staff believes that a 2nd entrance, at least for emergency purposes, should be considered for the
site.
Sewer/Water
The applicant has not provided a utility plan along with the concept plan. The applicant will be
required to extend sewer and water from the north, keeping the sewer main as deep as possible to
serve the site and surrounding lands. The utility plans shall extend service to the edges of the
site.
Stormwater/LID Review/Grading Review
The Concept Plan does not include full grading or stormwater plans. Any development proposal
would ultimately be subject to relevant stormwater standards.
Park Dedication
The concept plan contemplates a subdivision and the applicant has also indicated that they will
divide the garage units into a condominium plat. The City's subdivision ordinance allows the
City to require up to 10% of the buildable land, an 8% cash -in -lieu fee, or some combination
thereof. Staff will present the concept to the Park Commission for comment.
A future trail is shown along Arrowhead Drive in the City's Trail Plan. Park dedication will
likely involve the dedication of land for this trail and, potentially, construction of the trail.
Purpose of Concept Plan Review/Review Criteria
According to Section 827.33 of the City Code: "As the first step in the review procedure for a
PUD, an applicant shall complete and submit... [a] Concept Plan..." "Comments and actions by
the City during review of the Concept Plan are purely advisory and in no way shall bind the City
to subsequent approval...nor imply any future approval."
The City has a great deal of discretion in the Planned Unit Development. The Concept Plan
process allows the developer to receive feedback in order to determine whether they will invest
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Concept Plan Review City Council Meeting
in the formal development proposal. The purpose of the PUD district is described below. A
PUD should meet these objectives in order to be approved.
"Section 827.25. PUD - Planned Unit Development Regulations - Purpose. PUD - Planned
Unit Development provisions are established to provide comprehensive procedures and standards
designed to allow greater flexibility in the development of neighborhoods and/or nonresidential
areas by incorporating design modifications and allowing for a mixture of uses. 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.
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."
Staff Comments
The Planning Commission and City Council should review and provide comments on the
Concept Plan.
If the applicant proceeds with a formal application, staff has provided comments throughout the
report, which are summarized below:
1) The landscaping plan shall meet the minimum requirements of the BP district and site
plan shall incorporate more landscaping between buildings and drive aisles.
2) Garage doors facing the exterior of the site shall be decorative in nature.
3) Park dedication shall be provided as recommended by the Park Commission.
4) Conditions related to large events shall be required which may include, but not be limited
to subjects such as: days/hours, parking, exterior speakers, etc.
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Concept Plan Review City Council Meeting
5) A minimum of 20% of the exterior building materials shall be brick, stone, strucco, or
glass.
6) Substantial berming and screening shall be provided for garage doors which face the
exterior of the site.
Planning Commission Review
The Planning Commission held a public hearing on the concept at the July 12 meeting. An
excerpt from the meeting is attached for reference. Two residents spoke at the public hearing,
with comments related to stormwater runoff and potential noise from the vehicles. Stormwater
requirements will be reviewed upon formal application, and the applicant indicated that their
experience in Chanhassen is that there is not a lot of noise.
The Planning Commissioners generally supported the Concept Plan, noting some of the
comments by staff. Commissioners were hopeful that the proposed location would be a benefit
for activities in the Hamel area.
Attachments
1. List of Documents
2. Excerpt from DRAFT 7/12/2016 Planning Commission minutes
3. Letter on behalf of neighboring owner
4. Commercial land use objectives
5. Engineer Comments dated 7/8/2016
6. Narrative
7. Letters of Support supplied by applicant
8. Concept Plan
AutoMotorPlex Page 7 of 7 July 19, 2016
Concept Plan Review City Council Meeting
Project: LR-16-186 — AutoMotorPlex Concept Plan
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
6/15/2016
6/15/2016
3
Y
Updated 7/5/2016
Fee
6/15/2016
6/15/2016
1
Y
Mailing Labels
6/20/2016
6/17/2016
5
Y
Narrative
6/20/2016
11
Y
Updated Narrative
7/8/2016
12
N
Concept Plan
7/6/2016
7/5/2016
1
N
Letter from Chanhassen
6/27/2016
6/23/2016
1
Y
Letters of support
7/12/2016
2
N
Undestad and Workman
Documents from Staff/Consultants/Agencies
Document
Document
Date
# of
pages
Electronic
Notes
Engineer Comments
7/8/2016
2
Legal Comments
6/29/2016
1
Planning Commission report
7/7/2016
7
29 pages w/ attachments
Public Comments
Document Date
Electronic
Notes
Planning Commission minutes
7/12/2016
Jim Lane Comments (on behalf of Leslie Borg)
7/8/2016
Excerpt of Draft July 12, 2016 Planning Commission Minutes
AutoMotorPlex — PUD Concept Plan Review — East of Arrowhead Drive, North of
Hamel Road (PID 11-118-23-23-0002)
Finke presented a request for a review of a PUD Concept Plan for the property east of Arrowhead
Drive and north of Hamel Road. He noted that because this is a Concept Plan review no formal
action is desired and the intent is to obtain input from the Commission. He stated that the request
would include a total of 215,000 square feet on the subject property, noting that the applicant runs a
similar business in Chanhassen. He stated that there is not much of a difference for this site when
comparing the current Comprehensive Plan and the draft format. He reviewed the surrounding
property uses and proposed design of this property which would include a total of nine buildings. He
stated that the applicant would be requesting a deviation in setbacks on the property. He stated that
deviations in regard to setbacks are allowed through the PUD purpose but only if it serves the broader
purpose of the land use and PUD district being created. He stated that staff is concerned with the
extent of the development shown, noting a portion of the site would be landlocked. He stated that the
applicant is proposing LP Smartboard as the primary building material, akin to the cement fiber
siding but noting that the material is wood based. He stated that the district would not normally allow
that type of material and therefore the applicant is requesting flexibility in order to provide a more
residential look. He stated that a technical review was done on the architectural measures and was
included in the Commission packet. He stated that there is a limit of 20 percent on loading docks and
doors and noted that it appears this application would exceed that. He stated that additional review
items are included in the Commission packet. He referenced parking for events and stated that the
applicant notes that there are monthly car shows at their site in Chanhassen and stated that staff would
want to discuss conditions regarding to special event parking. He stated that in regard to
transportation there is one access from Arrowhead but staff would request a secondary emergency
type access. He noted that a narrative from the applicant was provided to the Commission review.
R. Reid referenced the proposed setbacks for the building and parking and asked for clarification.
Finke stated that the information provided by the applicant suggests that as this moves forward they
may shift some of the buildings around. He clarified that the applicant is asking for additional
flexibility on possibly the east, north and south sides.
Bruno Silikowski, the applicant, stated that the concept was born from his interest in car collecting
and surrounding himself with friends with a similar interest. He stated that from the outside this is a
facility for likeminded enthusiasts to enjoy their hobby, likening the facility to a horse barn for horse
enthusiasts or hanger for those that enjoy airplanes. He stated that they create an environment that
brings people together, noting that the events start out quite small. He noted that letters of support
and accommodation were included in his information from the Mayor of Chanhassen and other
business owners in that area.
V. Reid referenced the setbacks and asked for additional information.
Silikowski stated that there may be some confusion as Finke was interpreting things from the
drawing. He stated that they are working with a design firm. He noted that they would like to not
only respect the wetland but improve it from a low quality wetland to a high quality wetland, which
will put some pressure on the other elements of the site. He stated that there is a formula for the
building placement and drive aisles. He stated that it will boil down to about a five-foot difference in
the setback to provide the desired layout.
Muffin referenced the possible events and asked how the people would be able to park for a 500-
person event.
Excerpt of Draft July 12, 2016 Planning Commission Minutes
Silikowski stated that for events people drive their vehicles in to be on display, which will help to
self -regulate. He stated that 29 out of 30 days the site is virtually silent and one day per month, on
good weather months, people drive into the site to display their vehicle and the event typically runs
from 7:30 a.m. to 11:30 a.m. He noted that they do hire police to help assist with traffic direction.
He stated that typically they can absorb those vehicles but noted that they do have an agreement that
the Loram site could be used for additional parking. He noted that they could possibly also work with
Hennepin County to use their site for parking. He noted that for larger events in Chanhassen they
often shuttle patrons from other businesses that are willing to share their parking.
Murrin stated that she did not receive copies of the letters from Chanhassen and would like copies of
those. She asked how long the Chanhassen property has been in operation.
Silikowski reported that the business began on January 1, 2008.
Murrin asked for the plans for the landlocked portion of property.
Silikowski reported that Loram owns that property and he is interested in purchasing a portion of the
property. He stated that he is going to work out the differences with Loram to minimize whatever
issues but noted that it is the Loram property and the decision would be theirs as to what to do with
that property.
Murrin asked if semi -trucks would bring vehicles into the site.
Silikowski stated that semi -trucks do not come into the site as that occurs off site.
Murrin asked if this business is associated with the exotic cars club.
Silikowski replied that his business is not associated with that club.
Murrin referenced the statement that was made that the auto club would increase property values in
the area and asked for more information.
Silikowski explained that when he purchased the property in Chanhassen he was approached with an
offer from a business that wanted to build a commercial building estimated at $3,000,000 to
$4,000,000 development. He stated that the value of the buildings on his site in Chanhassen are
estimated at $35,000,000 to $40,000,000 and noted that the values for Medina would be higher. He
stated that the property has higher values because of the content that is put into the garages.
Murrin asked if the applicant is affiliated with the Loram property and why they are choosing
Medina.
Silikowski replied that he is not affiliated with the Loram property. He stated that there is a formula
he used to determine the most likely buyers, similar to what he did in Chanhassen. He noted that this
site is also zoned correctly for the desired use. He stated that Loram was also interested in this use as
an adjacent use for their property. He stated that this location would open up a market that does not
want to travel to Chanhassen. He noted that the members of his club are successful business people
that have worked hard and found success in life that share this passion.
Excerpt of Draft July 12, 2016 Planning Commission Minutes
Murrin stated that there have been concerns with traffic and loud vehicles and events. She noted that
it appears that this site would only hold one event each month from 7:00 to 11:00 a.m. and asked if
the event would therefore be fairly quiet.
Silikowski confirmed that they have living proof of that with the history of their property in
Chanhassen and noted that the community in Chanhassen has been incredibly supportive. He stated
that they do open events to the public and they are very family oriented. He stated that the events are
not noisy and the vehicles are high end and therefore not noisy. He stated that the events are
coordinated with the local community and they have not had an issue yet. He noted that they often do
a collaborative event that donates to a charitable organization.
Finke confirmed that he would forward the letters to the Commission.
R. Reid stated that outside of events she would assume that the traffic would just be people bringing
their vehicles to and from the site.
Silikowski agreed and stated that out of 150 owners at any given time there would be maybe six
people onsite. He noted that some owners prefer to leave their vehicles on display and do not drive
them, as they view the vehicles as more of an art collection while some owners may come to polish
their vehicle. He provided examples of other owners and their habits, noting that some owners switch
their vehicles out when they are taking them to a show. He stated that there would be typically no
impact with the exception of the events which are coordinated with the local community
White stated that she did visit the site in Chanhassen and asked if there would be similar building
materials.
Silikowski stated that the materials would be similar but would actually be an upgrade that would
have a higher quality and maintenance value. He stated that they are using what they learned from
the Chanhassen site to make these buildings even better. He stated that the campus will provide much
more of an experience and community. He stated that this will become the flagship location for the
organization.
White stated that she noticed the Chanhassen site was quite bermed from the road and asked if there
would be a similar plan for this site.
Silikowski stated that site is deceiving because what appears to be berm is actually a drop in the site
and retaining walls were constructed because of the site elevations.
Albers asked for the buildout timeline as it was noted that it would be phased.
Silikowski replied that the timing would be based on demand. He noted that despite the poor market
conditions in 2008 when the Chanhassen site opened they were still able to build one to two buildings
per year and believed that this site would move more quickly. He aimed to start with three to four
buildings in the initial construction.
Albers asked if the retail would be limited to the members of the club or open to the public.
Silikowski stated that there are a lot of elements that are needed for a garage (cabinets and cleaning
materials) and noted that they would have products that people could choose from to service their
vehicles and for retail purchase for people to use at their own homes.
Excerpt of Draft July 12, 2016 Planning Commission Minutes
Albers asked if there has been thought to extend a road to the retail portion to provide another egress.
Silikowski agreed that an emergency access could be incorporated similar to what they did in
Chanhassen.
V. Reid stated that she does like the layout but asked where the garage doors and peaked roofs would
be, specifically what the site would look like from the road.
Silikowski stated that the buildings have windows and character on all sides of the building to provide
architectural interest. He provided additional details on how the buildings would be oriented and
what you would see from the road. He noted that the garage door would have a wood look.
V. Reid stated that it appears that the garage doors and peaked roofs are facing inwards and not
towards Arrowhead.
Silikowski explained that the edges of the buildings are gabled which allows for a lot of window
placement and balconies.
Finke clarified that there are garage doors on both sides of the building.
V. Reid stated that there would then be a huge amount of modulation. She stated that the plan is well
within the hardcover requirement and asked if there are driveways or concrete to connect the
buildings. She also asked if there would be shrubbery but acknowledged that is not typically a part of
the Concept Plan.
Silikowski replied that the driveways would be asphalt and confirmed that they also care about
landscaping and would most likely exceed the landscaping requirements.
Albers asked how the site would be lit in terms of lighting plans.
Silikowski stated that downcast lighting has been used on the buildings and has been more than
adequate while also not disturbing the neighborhood. He stated that he is very interested in working
on this in a collaborative manner. He explained that while this is a successful model he is interested
in the input of the Commission in terms of what would hold them back from approval.
Dick Koppy, EVS, stated that his firm is working with the applicant on this project and has been
working on this for the past year. He noted that his firm also worked with the Vikings on their new
stadium and the facility in Eden Prairie. He stated that working with the applicant has been beyond
reproach. He referenced the letters in support of this application and noted that very seldom will a
City Manager write a letter in recommendation of a developer. He stated that he spoke with
Hennepin County and the County has requested a study, noting that the report will be finished in two
weeks, regarding the events; specifically, a traffic study and event management plan. He stated that
Finke did an excellent job laying out the possible issues and noted that this is a Concept Plan. He
noted that 70 percent of the landscaping would occur on the perimeter to provide screening with the
remaining 30 percent on the internal portion of the site.. He described the proposed placement of the
stormwater pond which will connect to the wetland and would be approximately two acres and would
create a courtyard feature for the site. He referenced the wetland work that was done by the applicant
on the Chanhassen site and encouraged the Commission to visit that site. He noted that more detailed
plans would come as the process moves forward.
V. Reid opened the public hearing at 7:57 p.m.
Excerpt of Draft July 12, 2016 Planning Commission Minutes
Leslie Borg stated that she already has problem with the water that drains from the Loram site onto
her property and is worried about the placement of the basins. She noted that the water issues are her
main concern from this site. She referenced the sewer and water connection to the site and asked
whose expense that would be.
Finke replied that connection would be at the expense of the applicant.
Koppy stated that there would be a very extensive stormwater study completed and they would meet
all the requirements of the Watershed District to ensure that they do not create a problem to
neighboring property owners. He stated that perhaps there are items they can do that may assist in the
current conditions.
Caroline Stenberg stated that she lives across the street from the Loram property, to the south. She
stated that her main concern is the noise level of the events. She stated that it appears the events draw
a lot of people that are having a good time, but noted that noise travels in an open space. She noted
that muscle cars tend to be loud and she does not want to hear engines revving. She was also
concerned that there would be PA systems and loud music that could travel. She stated that traffic
would also be a concern. She stated that most people would travel down Arrowhead but noted that
some people would use Hamel Road, which is a narrow road with a lot of pedestrian and bicycle
traffic.
Tom Robb stated that he is an owner at the Chanhassen site. He noted that it is not a loud complex
and he is at the site three to four days per week working on his vehicle and typically there are only up
to six people on site, acknowledging that there are more people on weekends. He stated that there are
charitable events and the people are respectful as some of these vehicles have a value of $2,000,000.
He explained that this is a group of people that are very interested in high end vehicles. He invited
people to attend one of the shows at Chanhassen to see how they actually run.
V. Reid closed the public hearing at 8:05 p.m.
Barry stated that at this point in the process he would be supportive of this project. He stated that this
would bring something different to Medina that would be good for the community, noting that
downtown Hamel is not far from this location and could benefit from the additional traffic.
Muffin agreed with the comments of Barry. She stated that the concerns in the staff report should be
incorporated into the final plans for the project. She noted that she would be interested in visiting the
Chanhassen site for the July show to get a better understanding of the events.
White agreed with Barry and Murrin and stated that she liked what she saw from the Chanhassen site.
She stated that she also likes the comments regarding the plans for the areas and encouraged the
applicant to be mindful of the comments in the staff report.
R. Reid stated that it appears that this use would fit in with the surrounding uses. She stated that there
were plans for future residential across the street but noted that the landscaping would most likely be
sufficient to buffer. She stated that she was unsure that this would meet the criteria for a PUD and
asked if it would be better to do this as a CUP with variances.
Finke stated that in regard to the setback reductions it would be hard to justify a variance and
explained that the PUD would allow for that in a legitimate land use way.
Excerpt of Draft July 12, 2016 Planning Commission Minutes
R. Reid stated that after hearing about the water management and improvement of the wetlands that
may better justify the PUD. She stated that this would be an asset to the community that sounds fun
and would get people excited. She stated that she does not have a problem with this use in this
location.
Albers stated that he has no issues that would prevent him from recommending approval as this
would be a great asset to the community and would add more tax value than the City would typically
get from the development of the property. He noted that this is also a unique use that will provide
value.
V. Reid agreed that this will be interesting and a wonderful gathering place. She stated that she
would like to know more about the smartboard material versus brick and stone when the application
moves forward. She stated that she likes the idea of wood for the garage doors as that would assist in
creating a residential feel. She noted that the applicant will want to ensure that the screening is really
good with the decreased setbacks. She noted that the water issues that the neighbor addressed should
also be considered. She stated that the Commission looks forward to what the applicant will bring
back.
Silikowski stated that for those interested in touring the Chanhassen site he would be more than
willing to schedule something where the Commission could come and talk to some of the owners and
visit the site.
JAMES S. LANE, III
Attorney at Law
2605 Hamel Road
Medina, Minnesota 55340-9785
763/473-1075
jamesslane2605@gmail.com
July 8, 2016
City of Medina
2052 County Road 242
Medina, Minnesota 55340
Attention: Dusty Finke, City Planner
Re: AutoMotorPlex — PUD Concept Plan Review
Ladies and Gentlemen:
I represent long time Medina resident Leslie A. Borg, who owns a single family
residence, horse barn, and indoor riding arena at 1400 Hamel Road (19.66 acres — PID 11
118 23 23 0003). Her property abuts several parcels owned by Loram Maintenance of
Way, Inc. (Loram), two of which are subject to the pending AutoMotorPlex application
for PUD concept plan review. Her property is bounded on the East by Medina Business
Suites.
Ms. Borg received an undated notice of public hearing on the AutoMotorPlex
application on July 5, just one week prior to a public hearing on July 12, making it
difficult to research the full range of land use issues associated with the application or to
engage consultants to assist her with her analysis prior to the hearing. She would have
preferred 30 days' advance notice. However, notwithstanding the short notice, the
following are some questions or concerns that Ms. Borg requests that the planning
commission consider when conducting its PUD Concept Plan Review of the
AutoMotorPlex application:
L. Is the application sufficiently complete to allow for concept plan review? The public
hearing notice contained only an overview narrative by the applicant and photographs of
an unidentified facility, perhaps similar to that being proposed, but without further
explanation. A preliminary site plan was not available until July 6. Very little
information related to the application or specific project details have been made
available, at least to the public. Also see our comments in Paragraph 10, below,
regarding lack of any architectural renderings of any kind.
-2-
2. The hearing notice contained no reference or explanation of Loram's ownership of the
underlying property or interest in either the application or proposed development, if any.
3. The hearing notice also contained erroneous property identification numbers for two
existing parcels that are subject to the application. Further, the site plan did not identify
existing property boundaries of either parcel or their relationships to surrounding
properties and land uses. It appears that the proposed project would require formal
subdivision or platting.
4. The hearing notice did not make clear whether the former Clearview Stable structure
on three acres at 1550 Hamel Road, which is owned and occupied by Loram, is or is not a
part of the proposed AutoMotorPlex proposal. The strategic location and small size of
that parcel and the age of the existing structure might render it difficult to sell or develop
as a separate site unless that parcel is joined with other, larger parcels to the North and
East, including my client's adjacent 20 A. property.
5. The property under consideration for development has a high water table, contains one
or more existing wetlands, and drains to the East toward my client's property during
heavy rain or snow melt episodes. Surface water management issues associated with
existing drainage patterns will be accentuated by sharply increased impervious surface
areas, which the site plan projects at more than 60% of the total area. All of those factors
suggest that storm water runoff, retention, and management will be important issues to be
addressed if the project advances and that existing wetlands on both Loram and my
client's properties should be protected and their buffer and filtering capacities leveraged
for optimum environmental protection of all properties in the immediate area...
6. The City Planner's memorandum to the Planning Commission indicates that the
AutoMotorPlex proposal would require extension of public sewer and water service to
the site. At whose expense? Also, how will wash water, including water that may be
contaminated by gasoline or oil discharges from motor vehicles, be managed?
7. Any concentration of motor vehicles, especially high performance sports or race cars,
has the propensity for creating disturbingly high noise levels associated with "revving" of
engines. The City of Medina does not have a noise ordinance that effectively regulates
noise emitted by automobiles and motorcycles, much to the consternation of many
residents in the City's rural residential neighborhoods who resent interruption of the
peace and quiet of their surroundings by unwelcome motor vehicle and motorcycle noise.
Projected noise levels and noise level management should be carefully considered in
connection with the pending application.
-3-
8. Loram and Canadian Pacific Rail tracks to the North of the proposed project site are
distinctly industrial in nature. However, with the exception of the Hennepin County
Transportation complex at Highway 55 and Arrowhead Drive, land to the West is largely
agricultural and rural residential. All of the land to the East of Arrowhead Drive and
North of the existing Loram headquarters, including my client's property, should be
carefully re -guided in the current comprehensive plan update so that when more fully
developed, all properties in the immediate area will be devoted to land uses that buffer or
blend existing or proposed commercial uses with rural residential uses to the South and
West. AutoMotorPlex preference for a PUD land use planning approach and design
efforts to create a "residential look" for multiple structures on the site would facilitate
achievement of that objective.
9. Stated differently, the properties northeast of the intersection of Hamel Road and
Arrowhead Drive should not be Balkanized by development of individual parcels or
combinations of parcels without conscious integration into a broader, more
comprehensive development pattern whose individual parts are compatible and consistent
with others in the immediate area.
10. Materials forwarded with the public hearing notice did not describe what kinds of
building or construction materials or landscaping would be proposed by AutoMotorPlex.
Photographs of a similar but unidentified facility elsewhere appear to depict pole -type or
metal -clad buildings. We strongly recommend that suitable architectural renderings be
provided to the City before the applicant's concept plan is forwarded to the City Council
for further concept plan review. As noted above, a "residential look" for all buildings on
site should be encouraged. .
11. To achieve the kind of compatibility or consistency in land uses that we're
advocating, we urge the City and the applicant to consider bringing an experienced
developer of commercial properties into the planning and development of not only the
parcel being proposed for development by AutoMotorPlex, but also surrounding
properties, as well. A broader view of how the Northeast Quadrant at Hamel Road and
Arrowhead Drive should be re -guided and developed deserves priority attention during
completion of the current comprehensive plan update.
Thank you for your consideration of these comments and concerns. We request
that this letter be made a part of the record of the public hearing on July 12, 2016.
Very truly yours,
s/ James S. Lane, III
cc. Ms. Leslie A. Borg
Bob C. Carlson, Esq./Loram
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
,11.RE Building a legacy — your legacy.®
EttNII
July 7, 2016
Mr. Dusty Finke
Planner
City of Medina
2052 County Road 24
Medina, MN 55340-9790
Re: Auto Motorplex Concept Plan — Engineering Review
City Project No. LR-16-186
WSB Project No. 02712-970
Dear Mr. Finke:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
We have reviewed the Auto Motorplex plan submittal dated June 15, 2016. The plans propose to
construct 205,000 square feet of private garage condominiums, a restoration shop for high end show
cars, and a possible/future museum, event center, automotive detail shop, and retail for garage
finishing.
The documents were reviewed for general conformance with the City of Medina's general
engineering standards and Stormwater Design Manual. We have the following comments with
regards to engineering and stormwater management matters.
Site Plan & Civil
1. The City will require that the existing sanitary sewer system is extended south from the dead-
end on Arrowhead Drive to serve the site. Verify structure builds and the feasibility of
serving the area with a gravity sewer system as proposed. If depth allows, the applicant will
also be required to extend the sewer main to the far southerly extension of the property along
Arrowhead Drive.
2. The City will require that the existing watermain is extended south from the dead-end on
Arrowhead Drive to serve the site. Verify that adequate water pressure will be available for
the site. The applicant will also be required to extend the water main to the far southerly
extension of the property along Arrowhead Drive.
3. Looping connections may be required within the site to minimize long dead-end watermain
sections and/or long hydrant leads.
Traffic
4. Details should be provided with respect to hours of operation and typical average hourly and
daily traffic generation from the site.
5. Will the site have events that attract traffic and need for additional parking? If so the
applicant should provide information to determine what additional parking is necessary.
Equal Opportunity Employer
wsbeng.com
K:\02712-970\Admin\Docs\062816 Submittal\_2016-07-07 Automotorplex Concept Plan - WSB Comments - Final.docc
Auto Motorplex Concept Plan — Engineering Review
July 7, 2016
Page 2
6. The location of the driveways should follow City access guidelines.
7. Will semi -trucks be accessing the site? If so the driveways and circulation routes should be
designed to accommodate them.
Stormwater
8. The project is located within the ECWMC and will need to comply with their stormwater
management/permitting requirements as well as the City's.
9. The proposed drainage design should account for the offsite area tributary from west of
Arrowhead Drive. There appears to be a culvert approximately 450' north of the intersection
of Hamel Road and Arrowhead Drive that drains easterly onto this site.
10. Stormwater treatment is required prior to discharge into the adjacent wetlands.
Please contact me at 763-287-8532 if you have any questions.
Sincerely,
WSB & Associates, Inc.
Jim Stremel, P.E.
K:\02712-970\Admin\Docs\062816 Submittal\_2016-07-07 Automotorplex Concept Plan - WSB Comments - Final.docx
AutoMotorPlex Medina Project Overview/Narrative
Golfers have their place at the club, pilots have their place at the hanger and now car enthusiasts have
their place... the AutoMotorPlex.
The AutoMotorPlex was designed by a motorsports enthusiast for vehicle collector enthusiasts. Many of
us are at an age that we finally can collect and enjoy our vehicle passion in a responsible way. We are
also in the downsizing/rightsizing stage of our lives and the AutoMotorPlex supports the changes in our
lives with a purpose built facility to cater to our passion of vehicle collection and enjoyment.
The AutoMotorPlex is a facility designed specifically for the vehicle collector with all of the quality,
safety, security and amenities to support/make it easy to enjoy our passion.
Many of our members view vehicle collecting like "art collecting". With vehicles, in many cases,
outpacing the stock market in terms of returns. People are searching for places to not only properly
keep their collections in an upscale facility but also share their passion with other like-minded
enthusiasts.
The AutoMotorPlex prides itself on its quiet enjoyment of the collector passion, quality of construction
of the buildings/campus, the security, and the standing of many of its members in the community. The
AutoMotorPlex also engages in giving back to the community thru supporting charities and private and
community gatherings.
The first AutoMotorPlex facility was built in the city of Chanhassen on approximately the same size of
property as is being reviewed in Medina. Besides being started and built in the worst recession in recent
history, the AutoMotorPlex was an overwhelming success. The Chanhassen AutoMotorPlex has brought
much to the community, from a significantly increased property tax over what any commercial building
could have brought on the same land to being increased sales to local shops and businesses.
The AutoMotorPlex is a proven concept and the Medina location will be managed by the same
developer and team.
The first facility in Chanhassen was built on 17 acres and houses 215,000 sq ft and represents
approximately $40MM of property value. The Medina facility consists of —17.5 acres and the developer
expects a similar result.
The Medina AutoMotorPlex will consist of approximately 205,000 sq ft of private garage condominiums
with part of that space being reserved for a restoration shop for high end show cars, a potential car
museum, an event center for corporate meetings, an automotive detailing shop and a retail shop for
garage finishing.
The developer has already met with Hennepin County to be sure any issues they may raise will be
addressed.
Concept Sketdi NT
AUTOMOTORPLEX-MEOING
MEQIHS, MINNESOTS
or mom. imnorm
PUD requests
There are only a few requests that are being put forward to aid in the success of the project and
minimize the issues/hardship.
The exterior finish of the building/materials. The AutoMotorPlex brand is based on a higher standard of
site and building design than most businesses. The current standards for business park/district would
have us using concrete which would be a significant downgrade in appeal impacting the sales and value
of the private garage facility. The AutoMotorPlex is requesting the use of exterior materials similar to
the existing facility in Chanhassen, MN. Photo and samples are provided. The materials used by the
AutoMotorPlex have successfully created a valuation of approximately 7x of that of a commercial
building. (Subd 1, 2, 5, 8, 9)
Given the nature of the project (private garage condominiums) the number/percentage of garage doors
facing outward is driven by the individual unit owners as each private garage needs to have access to
their spaces. The typical sizes are 24', 30', and 40' widths. If limited in having a garage door for each
garage or being too large of a garage to effect having fewer doors, it would render the units difficult if
not impossible to sell. None of the garage units will have direct access to public roads but instead will be
connected to internal drive isles that will be served by one ingress/egress access point unto Arrowhead
Dr. (Subd 1, 5, 6, 8, 9)
Setbacks - Based on the land configuration and wetland size/location, we are having some in difficulty in
efficiently fitting the necessary building sizes without dramatically impacting the projects' success. The
building dimensions/layouts are important to its salability and are also the hallmark to the
AutoMotorPlex Brand. Side and rear setbacks are 25' to building and 15' to parking. We are proposing
20' and 10'. (Subd 1, 2, 6, 7, 9)
Retail — garage fit out products, automobile products/parts, cigars, automobile repair service and
restoration, high end vehicle sales and rental, showroom, physical fitness facility
Temporary outdoor marketing events —The AutoMotorPlex is more a club than a real estate product. To
help people understand the lifestyle it provides and because it is a product that few people have
experienced/understand, the AutoMotorPlex hosts periodic events to provide people a slice of life that
members experience. It is critical driver of sales. Most of the events take place once a month, over a 4 hr
period, on an early Saturday morning (7am-11am), during the warm weather months.
Clubhouse/business office
Lease/rental for allowable businesses/storage
Automotive repair
Automotive restoration
Museum
Two security/care taker units
Photo's from the AutoMotorPlex's 15Y site. The link below is a piece that was done by Bloomberg News
you are encouraged to review it as it does a nice overview. There are a number of other articles that
have written by Forbes, Wall Street Journal, New York Times, Autoweek, and many local news outlets as
well.
https://www.youtube.com/watch?time continue=3&v=j9zugU3gX2E
Thanks for taking a look.
Kind regards
Bruno
piXUA0,,,,h,s407690R PL'EX.00M
0121BUCKEYE IP LLC3.4.rAt RIGHTS RESERVED
101
CITY OF
CHANgASSEN
7700 Market Boulevard
PO Box147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax:952.227.1190
Engineering
Phone: 952.22 7.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Website
www.ci.chanhassen.mn.us
June 23, 2016
Mr. Scott Johnson
City Administrator
City of Medina
2052 County Road 24
Medina, MN 55340
Re: Chanhassen Auto MotorPlex
Dear Mr. Johnson:
I am often asked to write letters of recommendation, be it for prospective college
students or city council members seeking appointment to boards and commissions. In
this case, I would like to provide what is essentially an unsolicited letter fully
supporting Bruno Silikowski and his development of the Chanhassen Auto
Motorplex. I appreciated his guidance and thoughtfulness throughout what ended up
being a wonderful addition to the City of Chanhassen. Bruno and his team did a great
job identifying the core elements that this project needed to consider, which included
high -quality building materials, professional landscape plans, and an overall master
plan that blended in with the natural beauty of the Bluff Creek corridor and the
numerous wetlands that surrounded the site.
Based on the final outcome, I believe Mr. Silikowski has the experience and potential
to duplicate this project elsewhere without hesitation. He was always available and
looking out for potential disruptions to surrounding neighborhoods, and kept the city
updated on his progress. With that said, I would strongly recommend Mr. Silikowski
as a quality developer that follows through on his promises.
Sincerely,
Todd Gerhardt
City Manager
TG:ms
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
July 11, 2016
Mr. Scott Johnson
City Administrator
City of Medina
2052 County Road 24
Medina, MN 55340
Re: AutoMotorPlex
I'm writing this letter in reference to the proposed AutoMotorPlex in Medina, MN. I have
been on the Planning Commission with City of Chanhassen for several years and was
present when Mr. Silikowski first presented the idea of the AutoMotorPlex. He did an
excellent job explaining his idea, showing what the project would look like and
answering questions from our citizens at the public hearings. In my opinion the project
turned out to be an excellent development for both Mr. Silikowski and the City of
Chanhassen. The people who have purchased garages at the AutoMotorPlex are excellent
neighbors and maintain a very high standard for their spaces and surroundings. I'm very
pleased with the way this development turned out and the way Mr. Silikowski operates as
a businessman.
Sincerely,
Mark Undestad
CARVER
COUNTY
July 8, 2016
Tom Workman
Office of County Commissioner
Carver County Government Center
Human Services Building
602 East Fourth Street
Chaska, MN 55318-1202
Phone: 952 361-1510
Fax: 952 361-1581
Mr. Bruno Silikoski
1750 Motorplex Court
Chanhassen, MN 55317
Dear Bruno:
I am strongly inclined to pen this letter of support for you and the AutoMotorPlex in Chanhassen. The
AutoMotorPlex is likely the greatest thing to happen in Chanhassen since The Chanhassen Dinner
Theaters, The Uof M Landscape Arboretum and perhaps even Paisley Park.
I am very aware of some of the reluctance involved in the development of the MotorPlex but of course
by now we know those concerns were entirely unwarranted. Your steady and professional development
of this operation in Chanhassen has made it a very desirable location not only for the owners of the
individual units but also the general public who enjoy the many social events on site.
In your Chanhassen operation there is ample evidence of an A+ development which I know you can
duplicate elsewhere. Please let me know how I can continue to assist you in your pursuits at the
AutoMotorPlex and beyond.
All the Best,
Tom Workman
Carver County Commissioner
Chanhassen, MN
952-250-4924
STORM BASIN
0.96—AC
20,500—SF AUTO CONDO
14,000—SF AUTO CONDO
26,000—SF RETAIL
0
150
300
SCALE
IN
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EX. WETLAND
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ENGINEERING
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ENVIRONMENTAL
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EVS, INC.
10025 Valley View Road, Suite 140
Eden Prairie, Minnesota 55344
Phone: 952-646-0236
Fax: 952-646-0290
www.evs-eng.com
Concept Sketch #18
1
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°1 MITIGATION PROJECT
1 AUTOMOTORPLEX-MEDINA
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LOCATION
MEDINA, MINNESOTA
# DATE REVISION
BUILDING AREAS '
TOTAL SITE AREA = 17.81-ac DRAWN BY CHECKED BY
AUTO CONDO = 188,540-sf JLL JLL
RETAIL = 26,000-sf
DATE PROJECT #
SITE AREAS
TOTAL SITE AREA = 775,888-sf
IMPERVIOUS SURF. = 476,295-sf (61.4%)
PERVIOUS SURF. = 299,593-sf (38.6%)
07.05.2016 2016-002.1
SHEET NUMBER
Agenda Item # 9A
MEMORANDUM
TO: Mayor Mitchell and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson
DATE: July 13, 2016
MEETING: July 19, 2016 City Council
SUBJ: Just for Kix — Site Plan Review, Hardcover Variance, Lot Combination
45 Highway 55
Background
Clough Properties, LLC has requested approvals to construct an 18,040 square foot commercial
building at property currently addressed as 45 Highway 55. The applicant intends to operate
their dance studio, Just for Kix, in the structure along with a small related retail operation.
The City Council reviewed at the July 5 meeting and directed staff to prepare approval
documents, contingent upon the applicant submitting improved plans for the building facades.
Updated elevations are attached for review, along with documents for action.
The CH -RR zoning district requires a minimum of 30% of the exterior materials to be brick,
stone, stucco, or glass. The code allows a maximum of 20% to be wood, metal, or hardiboard
siding and a maximum of 70% "decorative concrete...color impregnated in earth tones (rather
than painted) and...patterned to create a high quality terrazzo, brick, stucco, or travertine
appearance."
The district also states that "buildings shall be modulated a minimum of once per 40 feet of
building perimeter to avoid long, monotonous building walls. This modulation may include
varying building height, building setback, or building materials/design."
Potential Actions
If the City Council finds the proposed architectural design is consistent with the requirements
above, the following motions would be in order:
1. Move to adopt the resolution granting preliminary and final plat approval for Just for Kix
2. Move to adopt the resolution granting variance and site plan review approval for Just for
Kix
3. Move to approve the development agreement by and between the City of Medina and
Clough Properties, LLC
Attachments
1. Proposed architectural plans received by the City on 7/13/2016
2. Plat resolution
3. Site plan and variance resolution
4. Development agreement
Just for Kix
Site Plan Review
Page 1 of 1 July 19, 2016
City Council Meeting
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ARCHITECTURE + ENGINEERING + ENVIRONMENTAL + PLANNING
www.is-grp.com
JUST FOR KIX - DANCE STUDIO
Medina, MN - July 2016
MOI/E L/
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ARCHITECTURE + ENGINEERING + ENVIRONMENTAL + PLANNING
www.is-grp.com
JUST FOR KIX - DANCE STUDIO
Medina, MN - July 2016
JUST FOR
MOI/E I/
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2016-##
RESOLUTION GRANTING PRELIMINARY AND FINAL PLAT APPROVAL
FOR JUST FOR KIX
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Clough Properties, LLC (the "Owner") owns property located at
45 Highway 55 (the "Property"), which is legally described in Exhibit A, attached hereto; and
WHEREAS, the Owner has requested preliminary and final approval of a plat to re -plat
the Property into a single parcel; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the plat on
June 14, 2016; and
WHEREAS, the City Council reviewed the proposed plat at the July 5, 2016 meeting;
and
WHEREAS, the City Council has made the following findings of fact with regards to the
requested plat:
(a) The proposed subdivision is consistent with the Comprehensive Plan and is not
premature, as defined in Section 820.28.
(b) The physical characteristics of this site appear suitable for the type of development
contemplated and the design of the subdivision is not likely to cause environmental
damage or cause public health problems.
(c) The proposed parcels meet minimum lot size standards and the density of development is
consistent with City regulations.
(d) The design of the subdivision will not conflict with public or private streets, easements or
right-of-way.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Medina,
Minnesota hereby grants preliminary and final plat approval for the plat subject to the following
terms and conditions:
1) The Owner shall address all comments of the City Attorney and abide by the City
Attorney's recommendations related to title issues and recording procedures.
2) The plat shall be recorded within 120 days of the date of approval or such approval shall
be considered void, unless a written request for a time extension is submitted by the
Applicants and approved by the City Council for good cause.
3) The Owner shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the plat and related documents.
Resolution No. 2016-##
July 19, 2016
Dated: July 19, 2016.
By:
Bob Mitchell, Mayor
Attest:
By:
Jodi M. Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2016-## 2
July 19, 2016
EXHIBIT A
Legal Description of the Property
Real property in the City of Medina, County of Hennepin, State of Minnesota, described as
follows:
Par 1: Lot 34, except that part lying West of a line running North and South through said lot: which fine is described as follows:
Beginning at the Northeast comer of Lot 35, Auditors Subdivision Number 241, thence North to a point on the North line of Lot 34, said Addition,
which is situated 263.8 feet West from the East Quarter post in Section 12, Township 118, Range 23 West of the fifth Principal Meridian, in Auditor's
Subdivision Number 241, Hennepin County, Minnesota, except that part of Lot 34, Auditor's Subdivision Number 241, described as follows:
Commencing at the East Quarter post in Section 12, Township 118, Range 23 West of the Fifth Principal Meridian, thence West along the North lone
of said Lot 34, 263.8 feet, thence South on a straight line towards the Northeast comer of Lot 35, Auditor's Subdivision Number 241 to the Northerly
line of the State Highway, thence Easterly along the Northerly line of the State Highway to the East line of said Lot 34, Auditor's Subdivision Number
241. thence North along the said East Line of said Lot 34 to point of beginning_
Par 2: That part of the Northwest (warier of the Southwest Quarter of Section 7, Township 118, Range 22, described as follows to -Wit'. Commencing
at the intersection of the West line of said Section 7 and the North line of the Right of Way of the Minneapolis, St. Paul, and Sault Ste- Mane Railway
Company, thence North along the said West line of said Section 7 to the South line of State Trunk Highway No 55, thence Southeasterly along the
South line of said State Trunk Highway No. 55 to the North line of said Right of Way of said Minneapofrs, St. Paul and Sault Ste. Mane Railway
Company: thence West along the said North line of said Minneapolis, St. Paul and Sault Ste Mane Railway Company to place of beginning.
Together with an easement for right-of-way 16.5 feet wide along the South side of that part of Lot 34 in Auditor's Subdivision Number 241, Hennepin
County, Minnesota. which lies West of the above described line.
Resolution No. 2016-## 3
July 19, 2016
Member
introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2016-##
RESOLUTION GRANTING VARIANCE AND
SITE PLAN REVIEW APPROVAL FOR JUST FOR KIX
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Clough Properties, LLC (the "Owner") owns property currently addressed
45 Highway 55 (the "Property"), which is legally described in Exhibit A, attached hereto; and
WHEREAS, the Owner has requested a variance to increase the allowed impervious
surfaces on the Property from 25% to 50% and has also requested approval of a site plan review
to allow construction of an 18,040 square foot commercial building in which to operate a dance
studio and retail store; and
WHEREAS, the Planning Commission reviewed the requested variance and site plan at
a duly noticed public meeting on June 14, 2016 and recommended approval subject to certain
conditions; and
WHEREAS, the City Council held a public hearing on the requested variance and
reviewed the request at the July 5, 2015 meeting and reviewed again at the July 19, 2016
meeting; and
WHEREAS, based on the written and oral record before the Planning Commission and
City Council on the above dates as well as all additional testimony submitted to the City, the City
Council makes the following findings of facts in regards to the variance request:
1. The proposed variance is consistent with the Comprehensive Plan and in harmony
with the general purposes and intent of the Zoning Ordinance, subject to the
implementation of stormwater improvements and streambank restoration in excess of
standard City regulations.
2. The Owner proposes to put the Property to a reasonable use which is permitted in the
district.
3. The proposed variance does not confer special privileges which are not afforded to
owners of other lands, structures, or buildings in the same district and will not alter
the essential character of the locality, evidenced by the variance being similar to the
circumstances immediately to the west.
4. The plight of the Owner is due to the unique circumstances of the Property being
within the Elm Creek shoreland overlay district and guided for commercial
development at the intersection of two arterial roadways.
Resolution No. 2016-##
July 19, 2016
5. The Owner has established that there are practical difficulties in complying with the
requirements of the Zoning Ordinance.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby approves a variance to increase the permitted impervious surfaces on the Property from
25% to 50%.
BE IT FURTHER RESOLVED, that the City Council of Medina, Minnesota also hereby
approves the Site Plan Review.
BE IT FURTHER RESOLVED that the approvals granted herein shall be subject to the
following terms and conditions:
1) Site Plan Review approval is contingent upon approval of a Wetland Replacement Plan
and recording of a plat to combine the Property into a single parcel.
2) The Owner shall construct improvements as displayed on the plans received by the City
on 7/7/2016, except as modified herein.
3) The Owner shall enter into a development agreement in a form and of substance
acceptable to the City to ensure compliance with the conditions noted herein as well as
other relevant requirements of City ordinance and policy.
4) The Owner shall submit a letter of credit to ensure completion of required site
improvements.
5) Site Plan Review is contingent upon approval from MnDOT of maintaining an
emergency access in order to allow adequate emergency vehicle circulation. The Owner
shall record such documents as directed by MnDOT related to their proposed access
closure.
6) The Owner shall complete shore restoration recommended by the Elm Creek Watershed
to mitigate impacts of additional hardcover.
7) The Owner shall enter into a petition and waiver agreement with the City related to
improvements to Sioux Drive which are necessary to support access to the property.
8) Proposed concrete materials shall be decorative in nature consistent with the standards of
Commercial Zoning Districts.
9) The proposed structure is proposed to be accessed via a shared private driveway, and
shall be addressed off of Westfalen Trail.
10) The Owner shall obtain approval and any required agreements in order to connect to the
City of Plymouth sewer line and pay relevant fees to the City of Plymouth.
11) The Owner shall meet the recommendations of the City Engineer, Fire Marshal, and City
Attorney.
12) The Owner shall obtain all necessary permits and approvals, including but not limited to
Elm Creek Watershed Management Organization, the Minnesota Department of Health,
Resolution No. 20164# 2
July 19, 2016
the Pollution Control Agency, the Minnesota Department of Transportation, and other
relevant agencies.
13) The Owner shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the variance, site plan and other relevant documents.
Dated: July 19, 2016.
By:
Bob Mitchell, Mayor
Attest:
By:
Jodi M. Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 20164# 3
July 19, 2016
EXHIBIT A
Legal Description of the Property
Real property in the City of Medina, County of Hennepin, State of Minnesota, described as
follows:
Lot 1, Block 1, Just for Kix, Hennepin County, Minnesota
Resolution No. 2016-## 4
July 19, 2016
Draft
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF MEDINA
AND
CLOUGH PROPERTIES, LLC
This document drafted by:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300 (RHB)
482521v3 ME230-621
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. Sioux Drive Improvements; Limited T.H. 55 Access 4
7. Sanitary Sewer and Water Improvements 4
8. Stormwater Improvements 4
9. Landscaping Plan; Tree Replacement 5
10. Wetlands; Upland Buffer Easement; Floodplain 5
11. Letter of Credit 5
12. Developer's Default 6
13. Insurance 6
14. City Water 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 7
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
LEGAL DESCRIPTION OF PROPERTY
LIST OF PLAN DOCUMENTS
FORM OF STORMWATER MAINTENANCE AGREEMENT
FORM OF UPLAND BUFFER EASEMENT AGREEMENT
IMPROVEMENTS COST ESTIMATE
FORM OF PETITION AND WAIVER AGREEMENT
482521v3 ME230-621
i
This Development Agreement (the "Agreement") is made and entered into this day of
, 2016, by and between the city of Medina, a municipal corporation under the laws of
Minnesota (the "City"), and Clough Properties, LLC, a Minnesota limited liability company (the
"Developer").
WITNES SETH:
WHEREAS, the Developer is the fee owner of land located generally south of T.H. 55 and
west of Sioux Drive (the "Property"), which land is legally described on Exhibit A attached hereto;
and
WHEREAS, the City has approved a plat to be known as Just for Kix, site plan and variance
for percentage of impervious coverage to facilitate development of 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 construction observation escrow
required by this Agreement;
e) the Developer and City have executed a petition and waiver agreement
regarding the improvements to Sioux Drive in the form attached hereto as
Exhibit F;
f) the Developer has executed the stormwater maintenance agreement and the
upland buffer easement agreement in the forms attached hereto as
Exhibits C and D.
g) the Developer has received all required permits from the Elm Creek
Watershed Management Commission, the Minnesota Department of
Transportation (MnDOT), Minnesota Pollution Control Agency,
Minnesota Department of Health, Minnesota Department of Natural
Resources and any other permitting entity having jurisdiction;
1
482521v3 ME230-621
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
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 Nos. 2016- and 2016-,
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. water distribution system;
4. stormwater facilities; and
5. 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.
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482521v3 ME230-621
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
, 2016 and , 2016. 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, MnDOT, 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 6,
2016. 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
September 30, 2017.
3
482521v3 ME230-621
c) The Developer agrees to require its contractor to provide to the City a warranty
bond for the municipal water distribution system with the bond covering defects in labor and
materials for the Improvement for a period of two years from the date of its acceptance by the
City. During such period, the Developer agrees to repair or replace the Improvement, or portion
or element thereof, which shows signs of failure, normal wear and tear excepted. A decision
regarding whether the 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. Sioux Drive Improvements; Limited T.H. 55 Access. A) As a direct result of the
proposed development of the Property and the previous development of nearby parcels, it
became necessary to construct certain improvements to Sioux Drive to provide safe and efficient
turning movements and through passage on that street. The City previously determined to
construct the improvements and specially assess the full cost thereof against the parcels
benefitted by the improvements, including the Property. 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 F.
b) The Property currently has two right in/right out accesses to T.H. 55. The
Developer agrees to close the westerly access point and to cease using the easterly access point
except for emergencies and direct all regular traffic to and from Sioux Drive via its access
easement over the Aldi property to the west. The Developer agrees to work with MnDOT to
make such physical changes and execute such legal restrictions as may be required by MnDOT
to close one access and convert the other access to emergency use only.
7. Sanitary Sewer and Water Improvements. The Property is currently served by
sanitary sewer from Plymouth. The Developer agrees to construct such additional sanitary sewer
infrastructure as Plymouth may require to support the intensified use of the Property. The
Developer will be billed by and pay Plymouth for sanitary sewer service. The City will provide
water to the Property. The Developer agrees to extend water lines to serve the Property. The
Developer's work in extending the water line must be in accordance with the Plans and must
comply with all City requirements regarding such utilities.
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482521v3 ME230-621
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
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.
9. Landscaping Plan; Tree Replacement. a) The Developer agrees to install
landscaping in accordance with the Plans. All landscaping shall include hardy, non-invasive and
drought tolerant species appropriate for Minnesota. All landscaping materials shall be maintained
and replaced if they die within two years. 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.
b) The City's tree replacement ordinance allows 15 percent of the significant trees
on a site to be removed for initial site development and an additional 15 percent for remaining
site development. The Developer agrees to replace any trees it removes in excess of those
amounts in accordance with City ordinance and other requirements.
10. Wetlands; Upland Buffer Easement; Floodplain. a) The Developer proposes to fill a
wetlands located in the west central portion of the Property and to purchase wetland credits in order
to mitigate the loss thereof The Developer agrees to implement best management practices to
lessen the impact of drainage from the area of the filled wetland to Elm Creek. The wetland impacts
are subject to Wetland Conservation Act review.
b) The Developer agrees to execute the Upland Buffer Easement attached hereto as
Exhibit D. 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.
5
482521v3 ME230-621
c) The Developer shall ensure that no grading or construction on the Property will
affect the regulatory floodplain on the Property.
11. Letter of Credit. a) In order to ensure completion of the Improvements required
under 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 $388,518.75, 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 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 E 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
6
482521v3 ME230-621
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
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 Water Connection Fee; 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 a trunk connection fee for the availability of
water to the Property. The total connection fee 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 current
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 and the sanitary
sewer connection fees charged by Plymouth.
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 $13,900 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
7
482521v3 ME230-621
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
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: Clough Properties, LLC
Attn:
482521v3 ME230-621
8
b) as to City:
with a copy to:
City of Medina
2052 County Road 24
Medina, MN 55340
ATTN: City Administrator
Ronald H. Batty
Kennedy & Graven
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
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.
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.
************************
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482521v3 ME230-621
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the day and year first above written.
CITY OF MEDINA
By:
By:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Bob Mitchell, Mayor
Scott T. Johnson,
City Administrator
The foregoing instrument was acknowledged before me this day of , 2016,
by Bob Mitchell and Scott T. Johnson, the mayor and city administrator, respectively, of the city of
Medina, a Minnesota municipal corporation, on behalf of the municipal corporation.
Notary Public
10
482521v3 ME230-621
By:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Clough Properties, LLC
The foregoing instrument was acknowledged before me this day of , 2016,
by , the of Clough Properties, LLC, a
Minnesota limited liability company, on behalf of the company.
Notary Public
11
482521v3 ME230-621
EXHIBIT A TO
DEVELOPMENT AGREEMENT
The land to which this Development Agreement applies is legally described as follows:
Lot 1, Block 1, Just for Kix, Hennepin County, Minnesota.
A-1
482521v3 ME230-621
EXHIBIT B TO
DEVELOPMENT AGREEMENT
The following documents prepared by ISG, engineer issued date 07/14/16, collectively constitute
the Plans:
T1.11 Title Sheet
C 1.11 Existing Site and Removal Plan
C 1.12 Tree Removal Plan
C2.11 Site Plan
C2.12 Site Utility Plan
C3.12 Retaining Wall Profile
C4.11 Temporary Erosion and Sediment Control Plan
C4.12 Stormwater Pollution Prevention Plan Notes & Details
C5.11 Site Details
C5.12 Site Details
C5.13 Site Details
C5.14 Site Details
C5.15 Site Details
C6.11 Site Lighting Plan
L1.11 Planting Plan
L1.12 Landscape Details and Notes
L1.13 Restoration Plan
B-1
482521v3 ME230-621
EXHIBIT C TO
DEVELOPMENT AGREEMENT
FORM OF
STORMWATER MAINTENANCE AGREEMENT
THIS STORMWATER MAINTENANCE AGREEMENT (the "Agreement") is made
and entered into as of the day of , 2016, by and between Clough Properties, LLC,
a Minnesota limited liability company (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 platted the Property as Just for Kix and has dedicated to
the City a drainage and utility easement over a portion of the Property (the "Easement Area"), as
depicted 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, the City and the Developer have entered into a separate agreement (the
"Development Agreement") for the construction 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
482521v3 ME230-621
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 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,
this Agreement 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 and such other portions of the Property as
may reasonably be necessary 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.
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482521v3 ME230-621
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: Clough Properties, LLC
b) as to the City:
Attn:
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
482521v3 ME230-621
By:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Clough Properties, LLC
The foregoing instrument was acknowledged before me this day of ,
2016, by , the of Clough Properties, LLC, a
Minnesota limited liability company, on behalf of the company.
Notary Public
C-4
482521v3 ME230-621
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
SS.
CITY OF MEDINA
By:
Bob Mitchell, Mayor
And by:
Scott T. Johnson, City Administrator
The foregoing instrument was acknowledged before me this day of ,
2016, by Bob Mitchell and Scott T. Johnson, the mayor and the city administrator, respectively,
of the city of Medina, a Minnesota municipal corporation, on behalf of the municipal
corporation.
This instrument drafted by:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
Notary Public
C-5
482521v3 ME230-621
EXHIBIT A TO
STORMWATER MAINTENANCE AGREEMENT
Legal Description of the Property
Lot 1, Block 1, Just for Kix, Hennepin County, Minnesota.
C-A-1
482521v3 ME230-621
EXHIBIT B TO
STORMWATER MAINTENANCE AGREEMENT
Depiction of Drainage and Utility Easement
[to be completed]
C-B-1
482521v3 ME230-621
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.PON0.4i 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 10w flow orifices, reverse flow pipes,
and other pipes for clogging
Check the permanent pool or dry pond area
for floating debris, undesirable vegetation.
Investigate the shoreline for erosion
Monitor wetland plant composition and
health.
Look for Woken signs, locks, and other
dangerous items.
Mowing —minimum Spring and Fall
Repave debris
Repair undercut, eroded, and bare soil
areas.
Monthly to Quarterly or
After Malrx Storms (>11
Monitor wetland plant composition and
health.
Identify invasive plants
Ensure mechanical components are
functional
Trash and debris dean -up day
Remove invasive plants
Harvest wetland plants
Replant wetland vegetation
Repair broken mechanical components
if needed
Semi-annual to annual
All routine inspection flans above
Inspect riser, barrel, and embankment for
damageForeb
Inspect an pipes
Monitor sediment deposition In pond and
forebay
Pipe and Riser Repair
l maintenance and sediment
removal
rarloval when needed
E 1 to 3 ears
Y Y
Monitor sediment deposition in pond and
torebay
Forebay maintenance and sediment
removal when needed
-T
Remote television inspection of reverse
slope pipes, under -drains, and other hard to
access piping
Sediment removal from main pond"
wetland
Pipe replacement iI needed
5-25 years
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482521v3 ME230-621
Stormwater Pond Sand Filters:
Inspection and maintenance shall be made consistent with the most recent version of the
Minnesota Stormwater Manual or other subsequent manual as dictated by the City. At the time
of execution of this Agreement, the schedule can be found in Table 12.FIL.4 of the Minnesota
Stormwater Manual as follows:
Table 122FIL.4. Recommended Maintenance Activities for Media Filters {Sources:
1997; Pitt, 1997)
WMI,
Activity
Schedule
• If fitter bed is clogged or partially clogged, manual manipulation of the surface
layer of sand may be required. Remove the top few inches of media, roto-411 or
otherwise cultivate the surface, and replace media with like material meeting the
design specifications_
• Replace any filter fabric that has become clogged.
As needed
• Ensure Mal contributing area, facility, 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 )fiat the filter surface is not flogging {also check after storms
greater than about 11.
• Ensure that activlties in the drainage area minimae olpgrease and sediment
entry to the system.
- If permanent water level is present in pre-treatment chamber (e.g., perimeter
sand filter), ensure that the chamber does not leak, and normal pool level is
l
Monthly
o see that the h6[er bed Is clean of sediment and the sediment chamber
• Veal
is not more than 6 inches of sediment. Remove sediment as necessary
- Make sure that there Is no evidence of detenoration, 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 flaw is not bypassing the faddy
• Ensure that no noticeable odors art detected Din sid the r. ciiity
Annually
• Remove and replace the top 2-5 inches of media every 3 to 5 years for low
sediment applications, more often for areas of high sediment yield or high oil
and grease_
3 to 5 years
In addition to the above, ponds shall be inspected annually to determine if draw down occurs
within 48 hours, and corrections made if the time exceeds 48 hours.
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482521v3 ME230-621
EXHIBIT D TO
DEVELOPMENT AGREEMENT
FORM OF
UPLAND BUFFER EASEMENT AGREEMENT
THIS UPLAND BUFFER EASEMENT AGREEMENT (the "Agreement") is made this
day of , 2016, by and between the city of Medina, a Minnesota municipal
corporation (the "City"), and Clough Properties, LLC, a Minnesota limited liability company (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 plat, 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.
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482521v3 ME230-621
2. The following terms and conditions shall apply to the Easement Area:
a. The Easement Area shall be preserved predominantly in its natural condition,
except to the extent set forth below. No use shall be made of the Easement Area
except uses, if any, which would not change or alter the condition of the Easement
Area or its drainage, water conservation, erosion control, soil conservation, or fish
and wildlife habitat and characteristics.
b. No structures, hardcover or other improvements shall be constructed, erected, or
placed upon, above or beneath the Easement Area, with the exception of a
boardwalk or dock not to exceed four feet in width to allow reasonable access to
the wetland.
c. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the
Easement Area except as is necessary to remove storm damage, diseased or non-
native vegetation or as authorized by the prior written consent of the City
consistent with the wetland preservation ordinance. A path no more than four feet
in width may be mowed to allow reasonable access to the wetland.
d. No earth, peat, gravel or soil, sand or any other natural material or substance shall
be moved or removed from the Easement Area and there shall be no dredging or
excavation of any nature whatsoever or any change of the topography of the
Easement Area without the prior written consent of the City.
e. No soil, sand, gravel or other substance or material as landfill shall be placed,
dumped or stored upon the Easement Area, and no waste, trash, yard waste,
manure or other materials shall be placed, dumped or stored upon the Easement
Area without the prior written consent of the City.
3. Grantor represents that Grantor owns the Easement Area in fee simple, subject only to the
encumbrances of record.
4. The Grantor conveys to the City and 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
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482521v3 ME230-621
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
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 Easement Area or 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:
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482521v3 ME230-621
a) as to Developer:
b) as to City:
With a copy to:
Clough Properties, LLC
Attn:
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.
************************
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482521v3 ME230-621
IN WITNESS WHEREOF, the parties to this Upland Buffer Easement Agreement have
caused these presents to be executed as of the day and year aforesaid.
By:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Clough Properties, LLC
The foregoing instrument was acknowledged before me this day of ,
2016, by , the of Clough Properties, LLC, a
Minnesota limited liability company, on behalf of the company.
Notary Public
D-5
482521v3 ME230-621
By:
By:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY OF MEDINA
Bob Mitchell, Mayor
Scott T. Johnson, City Administrator
The foregoing instrument was acknowledged before me this day of , 2016, by
Bob Mitchell and Scott T. Johnson, the mayor and city administrator, respectively, of the city of
Medina, a Minnesota municipal corporation, on behalf of the municipal corporation.
This document drafted by:
City of Medina
2052 County Road 24
Medina, MN 55340
Notary Public
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482521v3 ME230-621
EXHIBIT A TO
UPLAND BUFFER EASEMENT AGREEMENT
Legal Description of the Property
Lot 1, Block 1, Just for Kix, Hennepin County, Minnesota.
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482521v3 ME230-621
EXHIBIT B TO
UPLAND BUFFER EASEMENT AGREEMENT
Legal Description of the Easement Area
[to be completed]
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482521v3 ME230-621
EXHIBIT C TO
UPLAND BUFFER EASEMENT AGREEMENT
Depiction of the Wetland Buffer Easement Area
[to be completed]
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482521v3 ME230-621
EXHIBIT E TO
DEVELOPMENT AGREEMENT
Improvements Cost Estimate for Letter of Credit
Just for Kix
July 12, 2016
Development Agreement LOC Calculation
Item No.
Construction Item
Unit
Unit Price
Quantity
Subtotal
101
(COMMON EXCAVALION
CY
$ 8.00
8500
68,000.00
102
ISUBGRADE PREPARATION
SY
$ 1.50
1725
S 2,587.50
103
COMMON BORROW
CY
$ 15.00
500
$ 7,500.00
SUBGRADE WORK
$ 78,087.50
201 (AGGREGATE BASE PLACED (CV) CY $ 26.00 750
$ 19,500.00
302
BASE WORK
SY $ 12A0 1725
$ 19,500.00
$ 20,700.00
2" BITUMINOUS NON -WEARING COURSE
303 CONCRETE CURB Ia GUTTER LF $ 16.00 500
$ 8,000.00
SITE WORK
$ 49,400.00
401
10-24" HDPE PIPE SEWER
LF
$ 32.00
375
$ 12,000.00
402
CONSTRUCT DRAINAGE STRUCTURE
LF
$ 375.00
35
$ 13,125.00
403
CASTING ASSEMBLY
EA
$ 600.00
7
$ 4,200.00
404
STORMWATER MANAGEMENT BASIN
LS
$ 45,000.00
1
$ 45,000.00
STORM SEWER
$ 74,325.00
501
6" WATERMAIN PVC C900
LF
$ 35.00
650
$ 22,750.00
502
6" GATE VALVE AND BOX
EA
$ 1,500.00
2
$ 3,000.00
503
CONNECTION TO WATERMAIN
EA
$ 1,0043.00
2
$ 2,000.00
504
HYDRANT ASSEMBLY
EA
$ 2,500.00
2
$ 5,000.00
505
PIPE BENDS, FITTINGS
LS
$ 2,000.00
1
$ 2,000.00
WATERMAIN
$ 34,750.00
601
SILT FENCE, TYPE MACHINE SLICED
LF
$ 2.00
600
$ 1,600.00
602
TEMPORARY ROCK CONSTRUCTION ENTRANCE
EA
$ 1,000.00
1
$ 1,000.00
603
STORM DRAIN INLET PROTECTION
EA
$ 150.00
7
$ 1,050.00
EROSION CONTROL
$ 3,650.00
70i SODDING, TYPE LAWN AND BOULEVARD SY 5 4.00 5000
LA DSCAPING
$ 20,000.00
$ 35,000.00
TOTAL ESTIMATE SITE CONSTRUCTION COST
$ 294,712.50
LOC Calculation
LOC CALCULATION
Note: Calculations based on maximum exposure
and excludes costs shown above for landscape trees.
irrigation and bituminous wear course paving (shown in red above)_
Subgrade Work $ 78,087.50
Base Work $ 19,500.00
Site Work $ 28,700.00
Storm Sewer $ 74,325.00
Watermain $ 34,750.00
Erosion Control $ 3,650.00
Landscaping $ 20,000.00
TOTAL $ 259,012.50
TOTAL Plus SO% $ 129,506.25
TOTAL LOC Required) $ 388,518.75
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482521v3 ME230-621
EXHIBIT F TO
DEVELOPMENT AGREEMENT
FORM OF
PETITION AND WAIVER AGREEMENT
THIS PETITION AND WAIVER AGREEMENT is made this day of
, 2016, by and between the city of Medina, a Minnesota municipal corporation (the
"City"), and Clough Properties, LLC, a Minnesota limited liability company (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 south of T.H. 55 and east of Sioux Drive;
and
WHEREAS, the City has approved a plat, site plan and variance (collectively, the "City
Approvals") to allow the development of the Property for a dance studio and other uses; and
WHEREAS, in 2007, the City approved the Hamel Station development west of Sioux
Drive; and
WHEREAS, in 2015, the City approved the Aldi development east of Sioux Drive and
immediately west of the Property; and
WHEREAS, as part of the approvals for the Hamel Station and Aldi developments, the
City and the developers of said projects entered into petition and waiver agreements in
anticipation of the City constructing certain improvements to Sioux Drive required by increased
traffic generated by these developments; and
WHEREAS, the Sioux Drive improvement project (the "Improvement Project") was
constructed by the City in 2016; and
WHEREAS, the development of the Property will also result in increased traffic on Sioux
Drive and will also benefit from the Improvement Project; and
WHEREAS, the City intends to specially assess Hamel Station, Aldi and the Property 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
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482521v3 ME230-621
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.
The Improvement Project consists generally of left turn lanes to serve the properties east
and west of Sioux Drive and to facilitate through traffic.
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 $69,444.90.
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
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
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482521v3 ME230-621
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 Clough Properties, LLC
b) as to the City
Attn:
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 upon the final payment of all special assessment levied
against the Property for the Improvement Project. 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.
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482521v3 ME230-621
IN WITNESS WHEREOF, the parties have set their hands the day and year first written
above.
By:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Clough Properties, LLC
The foregoing instrument was acknowledged before me this day of ,
2016, by , the of Clough Properties, LLC, a
Minnesota limited liability company, on behalf of the company.
Notary Public
F-4
482521v3 ME230-621
By:
By:
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
CITY OF MEDINA
Bob Mitchell, Mayor
Scott T. Johnson, City Administrator
The foregoing instrument was acknowledged before me this day of
, 2016, by Bob Mitchell and Scott T. Johnson, the mayor and city administrator,
respectively, of the city of Medina, a municipal corporation under the laws of the state of
Minnesota, on behalf of the City.
Notary Public
F-5
482521v3 ME230-621
EXHIBIT A TO
PETITION AND WAIVER AGREEMENT
Legal Description
The legal description of the Property is as follows:
Lot 1, Block 1, Just for Kix, Hennepin County, Minnesota.
F-A-1
482521v3 ME230-621
MEMORANDUM
TO: Mayor Mitchell and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson
DATE: July 19, 2016
MEETING: July 19, 2016 City Council
SUBJ: Planning Commission Appointment
Background
The City received four applications for the vacant Planning Commission position following
Randy Foote moving out of the City. One applicant did not meet the minimum residency
requirement of three years.
Council member John Anderson, Planning Commission Chair Victoria Reid and I met with the
applicant over the past week in order to make a recommendation for appointment.
The City was fortunate to have a very strong set of candidates, which made the task of
recommending just one of the applicants for appointment very difficult. Council member
Anderson, Chair Reid and I are hopeful that the candidates will consider applying again at the
end of the year when we will have an additional open seat.
Potential Council Action
Following much discussion, the interview panel ultimately recommends that the City Council
appoint Laurie Rengel to the Planning Commission. Laurie is an active resident of the Fields of
Medina neighborhood and is involved with the Medina Living publication. Laurie is also a
senior manager with Polaris, one of the City's largest employers. Laurie spoke of the importance
of engagement during the Comprehensive Plan process and has been involved in the process up
this point.
The interview panel recommends that the Council take the following action:
Move to appoint Laurie Rengel to the Planning Commission, with a term expiring December 31,
2017.
APPLICANT Page 1 of 1 DATE
PROJECT City Council Meeting
MEMORANDUM
TO: Mayor Mitchell and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson
DATE: July 13, 2016
SUBJ: Planning Department Updates — July 19, 2016 City Council Meeting
Land Use Application Review
A) Just for Kix Site Plan Review, Variance, Lot Combination —45 Highway SS — Just for Kix has
requested approval of a Site Plan Review for construction of an 18,040 square foot building to
include a dance studio and retail. The applicant has requested a variance to increase the maximum
hardcover in the Elm Creek shoreland overlay district from 25% to 50% and also a lot combination
to combine the property annexed from the City of Plymouth. The Planning Commission held a
public hearing at the June 14 meeting. They recommended approval but requested additional
architectural modulation. The City Council reviewed on July 5 and also asked for architectural
improvements. Staff will present at the July 19 meeting.
B) Jeffrey -Johnson Lot Line Rearrangement and Easement Vacation — 2605 and 2505 Willow Drive
— Glenn Jeffrey has requested approval of a rearrangement of the lot line between his and his
neighbor's property. The Jeffrey's propane tank is located on the Johnson property. The applicant
has also requested to vacate easements adjacent to the lot lines and replace with new easements.
Staff is conducting a preliminary review and will present to Council when ready, potentially at the
August 3 meeting.
C) AutoMotorPlex Concept Plan — east of Arrowhead Drive, north of Hamel Road — Bruno Silikowski
has requested review of Concept Plan for construction of approximately 215,000 square feet of
private garage condominiums for motorsports enthusiasts. The Planning Commission held a public
hearing on July 12 and was generally supportive. The concept will be presented to the City Council
on July 19.
D) Deer Hill Preserve (Stonegate Farms) Final Plat — Property Resources Development Company has
requested final plat approval for the Deer Hill Preserve CD-PUD subdivision, formerly known as
Stonegate Farms. The first phase of the development is proposed to include 10 lots in the northeast
corner of the site, near the current termination of Deerhill Road. The City Council granted approval
at the June 21 meeting. Staff will work with applicant on the conditions of approval before
construction begins.
E) Hamel Brewery, St. Peter and Paul Cemetery, Wright -Hennepin Solar Panels —The City Council
has adopted resolutions approving these projects, and staff is assisting the applicants with the
conditions of approval in order to complete the projects.
F) Woods of Medina, Capital Knoll— These preliminary plats have been approved and staff is awaiting
a final plat application
G) Bradford Creek, Hamel Haven, Buehler subdivisions — These subdivisions have received final
approval. Staff is working with the applicants on the conditions of approval before construction
begins.
Other Projects
A) Comprehensive Plan — The Steering Committee appointed a Housing subgroup to finalize a draft of
the Housing chapter. Staff intends to present a draft of the Park/Trail/Open Space plan to the Park
Commission on July 20. A concurrent City Council/Planning Commission meeting is planned for
August 3 to review rough draft of the Vision/Goal, Land Use, and Housing chapters.
Planning Department Update
Page 1 of 2 July 19, 2016
City Council Meeting
B) Temporary Family Healthcare Dwellings — staff has reviewed information related to recent statute
changes which would preempt local controls related to mobile housing for family members being
cared for by residents of a home. The statute allows a city to "opt -out" from the state preemption.
Staff presented information on the subject to the Planning Commission, including an ordinance
which would opt out of the regulations. The Planning Commission recommended that the City opt -
out. Staff intends to present the ordinance to the City Council on August 3.
C) Planning Commission interviews — John, Vicki, and I met with applicants for the vacant Planning
Commission spot. We intend to recommend an appointment at the July 19 meeting.
Planning Department Update
Page 2 of 2 July 19, 2016
City Council Meeting
MEDINA POLICE DEPARTMENT
600 Clydesdale Trail
Medina, MN 55340.9790
p: 763.473-9209
f: 763.473-8858
non -emergency: 763-525-6210
MEMORANDUM Emergency 9.1_1
TO: City Administrator Scott Johnson and City Council
FROM: Director Edgar J. Belland
DATE: July 15, 2016
RE: Department Updates
July 5th Storms
Last Tuesday's storm caused a power outage in the northeast portion of the City for three
hours. All the stoplights were out from Willow Drive to Highway 101. Approximately
10 trees were down, blocking Arrowhead Drive, and a townhome under construction in
the Villas had its roof collapse. We set up a command post and coordinated police
officers, reserves and public works personnel to address the issue and check the entire
City for damage. I had Chief Ruchti assist me in the command post; fire personnel were
on standby. The Police Public Works Facility ran on generator backup power; it was a
great asset to have during the power outage. By 9:00 pm we had everything back to
normal. I am proud of the officers and public works employees that worked so well
together to address these issues.
Hamel Rodeo Weekend
The Hamel Rodeo weekend went well. The weather was accommodating; the rodeo
dance was well attended. We had no issues at the dances but we have received three
noise complaints from the neighbors about the outside band playing too late. We were
informed that one of the complainants was coming to speak to the City Council about the
music. We had officers working security at the dances and for traffic patrols to keep the
people safe. The reserves and licensed officers worked the Sunday parade which went
off without incident.
Hamel Fire Training
The Hamel Fire Department is holding railroad emergency response training. It is an 8
hour class split up on two dates. First is Monday, August 22nd, the second date is
Monday, August 29th; both are from 6:00 pm to 10:00 pm. The training will be held at
the Police and Public Works Facility, The Hamel Fire Chief is inviting the City Council.
If you are interested in attending, please let me know.
Miracles Happen
On June 26th, at 4:39 pm, our department, along with the Hamel Fire Department,
responded to an address on Bluebell Trail in Medina on a five year old boy that had been
ran over by a full-size Cadillac Escalade. Officers and firefighters arrived on the scene
and found the boy with a tire track across his back and in serious condition. They treated
the boy until North Air Care arrived on the scene. The boy was helicoptered to
Children's Hospital in Minneapolis. The boy's name is Emerson. He was admitted into
ICU and started his recovery.
Officers, firefighters and staff donated funds to buy Emerson a care basket filled with
toys, games and other goodies. On July l lth, the firefighters and officers that responded
that day went to Emerson's home and delivered the basket to Emerson. I am happy to
report that Emerson is on his way to a full recovery. How does a five year old boy
survive a 5500 pound truck running over him? It can only be explained as a miracle. My
appreciation goes out to the officers and the firefighters for all their efforts.
Patrol by Sergeant Jason Nelson
Training
On June 27th, we conducted annual use of force and scenario based training with the
Corcoran Police Deparluuent. Officers Boecker and McGill did an outstanding job
putting the training together. Coincidentally, one of our scenarios involved a traffic stop
of a concealed weapons permit holder and how to address the issue with a person who is
carrying a weapon.
Patrol Activities
For the dates of June 29 to July 12, 2016, our officers issued 62 citations and 134
warnings for various traffic infractions. There were a total of three driving while
impaired arrests, four traffic accidents, 13 medicals and 16 alarms.
July 9th started a two week campaign of speed enforcement. Officers will be out in full
force focusing on speed.
The Hamel Rodeo was held from July 7-9. The Inn Kahoots has live entertainment every
night and this year there was a very large crowd on Saturday night. This event again
went off without any major issues.
July loth was the Hamel Parade. The Medina Police reserves coordinate this event and
did a fantastic job. The parade was well attended and it was nice to hear "thank you"
from the crowd supporting the police.
On June 30th, Officer Jessen discovered two backpacks laying on the side of the road
while on patrol. It was discovered that the backpacks had been stolen from an unlocked
motor vehicle in Foxberry Farms. There was also a second report of a theft from auto in
which a computer and other items were stolen.
On July 1, 2016, Officers Gregory and McKinley were dispatched to a domestic
disturbance. Upon arrival, it was learned that the estranged wife had shown up at the new
residence and there was another female present who retreated inside the residence to
avoid confrontation. The estranged wife left but not before she took a pressure washer.
On July 4, 2016, Officer Converse was on patrol on Highway 55 when he clocked a
motorcycle going 110 mph. Officer Converse attempted to stop the motorcycle but it
refused to stop, speeding up. Officer Converse made the wise decision to discontinue the
pursuit due to the safety factor.
Criminal Investigations by Investigator Charmane Domino
Received a report from child protection stating a mother had just given birth and there is
reason to believe the mother was abusing drugs while pregnant.
Suspect identified in the theft of a bobcat. The same person is a suspect in numerous
thefts throughout the metro area. Investigation to continue.
Received a warrant for the use of a tracking device to be placed on the vehicle of a theft
suspect.
Theft from autos reported. Vehicles were left unlocked overnight.
Open cases currently under investigation: 11
MEMORANDUM
TO: City Council, through City Administrator Scott Johnson
FROM: Steve Scherer, Public Works Director
DATE: July 13, 2016
MEETING: July 19, 2016
SUBJECT: Public Works Update
STREETS
• We have begun the reconstruct of Cottonwood Trail. Reclaiming should be complete by
Thursday, July 14th. We will follow up with some excavating, road fabric, rock, and then
base blacktop. We have also been working on the cul-de-sac drainage issues and will
continue to prep the rest of the road for paving.
• The Sioux Drive turn lane project is being looked at to correct the rough ride in the north
bound lane. WSB is working on correcting the problem. At this point I think it is a design
problem and needs to be corrected. I will ask WSB to update the Council.
• We have been dealing with a lot of downed trees in the City ROW over the past two
weeks from the storm that passed through the area on Tuesday, July 5th. PW has
dedicated 100 man hours, as well as equipment to the cleaning up the storm damage.
• PW used a rental unit to mow the ditches this week. We are going to get a second opinion
on our tractor repairs because the cost estimate we received was so high.
WATER/SEWER/STORMWATER
• The well pump is now installed and the pump house is being sided, along with electrical
work. Next will be the chemical feed system and recon work outside.
• I have been working with our contractor to update the controls for well# 2 so we can
supply irrigation water to the Dominium project.
• The connection to the waterline for the Wealshire project was made without incident.
PARKS/TRAILS
• The Arrowhead Trail Project is moving along at a fast pace and should be paved by July
15th. There will be some reconstruct work to be done after the paving, but the project is
looking good and will be a great addition to our parks and trail system.
• There has been an on -going problem with trash left at Maple Park in the Independence
Beach area — recently a mattress was dropped off there. We have received quite a few
calls concerning the garbage overflowing continually and we are investigating possible
culprits and will be keeping a close eye on the area.
MISCELLANEOUS
• I have been looking into the possibility of changing all the street lights in Uptown Hamel
to the new advanced LED lights. Over the past 10 years the PW crew has spent a large
amount of time keeping up with the maintenance of the streetlights in the Uptown Hamel
area. In your Work Session Packet I have written a memo, given some quotes on the
change -out, and attached a spreadsheet of just how many times a two -person crew has
had to go out to change out bulbs or do maintenance in the last five years.
ORDER CHECKS JULY 6, 2016 - JULY 19, 2016
44545 BENOIT, TRACY L $150.00
44546 ANN BENSON $250.00
44547 CORRAYA, ROBERT $175.00
44548 DYKHOFF, DANIEL $250.00
44549 ENCLAVE MASTER ASSN $250.00
44550 FIELDS OF MEDINA HOMEOWNERS $250.00
44551 US HOME CORP $15,941.07
44552 MN VORTEX SOFTBALL CLUB $800.00
44553 ROBARGE, LAURIE $250.00
44554 COLDWELL BANKER $36.87
44555 LISLE, BRANDON $275.00
44556 ORONO BASEBALL ASSN $500.00
44557 PLYMOUTH WAYZATA YOUTH $380.00
44558 PROVIDENCE ACADEMY $700.00
44559 TOLL BROS, INC $10,000.00
44560 COMMERCIAL ASPHALT CO $6,449.50
44561 AKAVARAM, RAMPRASAD $205.00
44562 BECKER, DONNA & STEVE $500.00
44563 CENTURYLINK $195.25
44564 DURANT, CAROLYN $250.00
44565 FERN, JULIE $150.00
44566 GORI, VIREN $500.00
44567 KAPAHI, GAGAN $250.00
44568 KAUFMAN, NICOLE $150.00
44569 KOMMERA, SUMANKUMAR $500.00
44570 US HOME CORP $10,000.00
44571 RAUDA MAHFOUZ $250.00
44572 PAI, ATUL & DEEPA $250.00
44573 PANDE, SHASHANK/PRACHI $150.00
44574 VAN ORSOW, DANIEL & ELISABETH $500.00
44575 ABDO, EICK & MEYERS LLP $2,016.00
44576 ACTION FLEET inc $1,473.84
44577 ALLSTAR ELECTRIC $184.61
44578 AMERICAN ENGINEERING TESTING $3,599.50
44579 ASPHALT SURFACE TECH CORP $116,053.20
44580 BIFFS INC $751.30
44581 BLUE CROSS BLUE SHIELD OF MN $33,233.00
44582 C & L EXCAVATING INC $98,696.78
44583 CENTERPOINT ENERGY $206.18
44584 CORNER HOUSE/INTERAGENCY CTR. $1,104.25
44585 ECM PUBLISHERS INC $514.48
44586 EGAN $1,033.27
44587 ESS BROS. & SONS, INC. $1,578.00
44588 FINANCE AND COMMERCE $214.14
44589 GALLS/QUARTERMASTER $84.59
44590 GOPHER STATE CONCRETE LLC $556.20
44591 HAKANSON ANDERSON ASSOCIATES I $1,600.00
44592 HAMEL ATHLETIC CLUB $1,375.00
44593 HAMEL LUMBER INC $220.10
44594 HAMEL LIONS CLUB $1,230.00
44595 HD SUPPLY WATERWORKS LTD $6,655.82
44596 HENN COUNTY INFO TECH $1,079.40
44597 HENN COUNTY SHERIFF $150.00
44598 HENN CTY RESIDENT/REAL ESTATE $67.50
44599 IYAWE AND ASSOCIATES $47,652.00
44600 J.O.T.S. COMPUTER SERVICES INC $37.50
44601 LANO EQUIPMENT INC $37.93
44602 LEAGUE OF MN CITIES INS.TRUST $1,000.00
44603 LORETTO VOL FIRE DEPT INC $25,644.84
44604 CITY OF MAPLE PLAIN $3,736.87
44605 MARCO INC $349.81
44606 METROPOLITAN COUNCIL $9,840.60
44607 METROPOLITAN COUNCIL $22,637.15
44608 METRO ELEVATOR INC $175.00
44609 METRO WEST INSPECTION $13,793.93
44610 MIDWAY FORD COMPANY $29,858.70
44611 MINNESOTA EQUIPMENT INC $269.95
44612 MN DEPT OF TRANSPORTATION $624.99
44613 MN DVS $1,979.27
44614 MP NEXLEVEL LLC $2,170.00
44615 MUNICIPAL BUILDERS INC $396,675.35
44616 NORTHWEST ASSOC CONSULTANTS $160.00
44617 OFFICE DEPOT $231.40
44618 CITY OF ORONO $2,353.45
44619 RDJ SPECIALTIES, INC. $398.93
44620 RUSSELL SECURITY RESOURCE INC $432.50
44621 SAM'S CLUB $40.42
44622 JAMIE R WIOME $5,533.34
44623 SITEONE LANDSCAPE SUPPLY LLC $78.00
44624 STREICHER'S $1,121.99
44625 TALLEN & BAERTSCHI $3,497.38
44626 TIMESAVER OFFSITE $377.50
44627 VESSCO, INC $200.65
44628 WESTSIDE WHOLESALE TIRE $43.88
Total Checks $895,138.18
ELECTRONIC PAYMENTS JULY 6, 2016 - JULY 19, 2016
003726E SELECT ACCOUNT $2,303.39
003727E PIVOTAL PAYMENTS INC $278.83
003728E PR PERA $14,804.32
003729E PR FED/FICA $16,549.05
003730E PR MN Deferred Comp $2,360.00
003731E PR STATE OF MINNESOTA $3,359.35
003732E SELECT ACCOUNT $793.12
003733E CITY OF MEDINA $19.00
003734E FARMERS STATE BANK OF HAMEL $20.00
003735E CIPHER LABORATORIES INC $5,536.41
003736E CULLIGAN-METRO $32.75
003737E MEDIACOM OF MN LLC $355.80
003738E PR FED/FICA $54.25
003739E PAYMENT SERVICE NETWORK INC $337.15
003740E PITNEY BOWES POSTAGE BY PHONE $1,000.00
003741E PIVOTAL PAYMENTS INC $309.33
003742E CITY OF PLYMOUTH $589.98
003743E PREMIUM WATERS INC $109.38
003744E SELECT ACCOUNT $77.50
003745E VERIZON WIRELESS $1,248.66
003746E FRONTIER $56.19
Total Electronic Checks $50,194.46
PAYROLL DIRECT DEPOSIT JULY 13, 2016
507277 ALTENDORF, JENNIFER L $1,314.63
507278 ANDERSON, JOHN G $230.87
507279 BARNHART, ERIN A. $1,965.67
507280 BELLAND, EDGAR J $2,522.48
507281 BOECKER, KEVIN D. $2,584.80
507282 CONVERSE, KEITH A $2,051.15
507283 COUSINEAU, LORIE K. $230.87
507284 DINGMANN, IVAN W $1,621.61
507285 DOMINO, CHARMANE $1,828.74
507286 ENDE, JOSEPH $1,409.33
507287 FINKE, DUSTIN D. $2,110.20
507288 GALLUP, JODI M $1,667.32
507289 GLEASON, JOHN M. $2,101.56
507290 GREGORY, THOMAS $2,163.84
507291 HALL, DAVID M. $2,010.90
507292 JESSEN, JEREMIAH S $2,133.45
507293 JOHNSON, SCOTT T. $2,226.35
507294 KLAERS, ANNE M $1,186.48
507295 LANE, LINDA $1,506.20
507296 LEUER, GREGORY J. $2,293.72
507297 MARTIN, KATHLEEN M $230.87
507298 MCGILL, CHRISTOPHER R. $1,435.40
507299 MCKINLEY, JOSHUA D $1,591.66
507300 MITCHELL, ROBERT G. $327.07
507301 NELSON, JASON $2,831.52
507302 PEDERSON, JEFF $221.28
507303 PETERSON, DEBRA A $1,614.14
507304 REINKING, DEREK M $1,631.90
507305 SCHERER, STEVEN T. $2,259.36
507306 STAPLE, AMANDA $502.22
507307 VIEAU, CECILIA M. $1,114.71
507308 WENANDE, BRANDON S $531.99
Total Payroll Direct Deposit $49,452.29