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HomeMy Public PortalAbout08.03.2016 City Council Meeting PacketMEDINA AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Wednesday, August 3, 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 19, 2016 Special Council Meeting B. Minutes of the July 19, 2016 Regular Council Meeting V. CONSENT AGENDA A. Approve Development Agreement by and between the City of Medina and Clough Properties, LLC B. Approve Seal Coating Services Agreement with Pearson Brothers, Inc. C. Consent to First Amended and Restated Declaration of Covenants, Conditions, Restrictions and Maintenance Agreement for a Private Road — Phillips Woodland Terrace VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. PRESENTATIONS A. Resolution Recognizing Police Chief Ed Belland for 25 Years of Service to the City of Medina B. Resolution Recognizing Patrol Officer Kevin Boecker for 15 Years of Service to the City of Medina VIII. NEW BUSINESS A. Ordinance Regarding Temporary Family Healthcare Dwellings; Opting out of the Requirements of Minnesota Statutes, Section 462.3593 B. Ordinance Amending Chapter 4 of the Medina City Code Regarding Seasonal Weight Limits and Regulations of Truck Traffic 1. Resolution Authorizing Publication of the Ordinance by Title and Summary IX. CITY ADMINISTRATOR REPORT X. MAYOR & CITY COUNCIL REPORTS XI. APPROVAL TO PAY BILLS XII. ADJOURN Posted 7/29/2016 Page 1 of 1 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: July 28, 2016 DATE OF MEETING: August 3, 2016 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve Development Agreement by and between the City of Medina and Clough Properties, LLC — The City Council reviewed this item at the July 5th and 19th meetings. Pursuant to City policy 21.10, the applicant has submitted water usage information from their other sites in Minnesota which showed substantially lower sewer/water use than the Metropolitan Council SAC determination would suggest. The SAC determination considers the dance studio space similar to a large fitness facility similar to Lifetime Fitness (1 unit/1650 feet), which would be expected to have higher water use. Staff believes calculating the studio space as retail space (1 unit/3000 feet) adequately estimates their expected peak sewer and water usage. Policy 21.10 requires an agreement by which the City can charge the full fee (up to the SAC determination) if usage is higher. Staff has incorporated this language into the Development Agreement previously approved by the Council. Staff recommends approval of the updated Development Agreement. See attached agreement. B. Approve Seal Coating Services Agreement with Pearson Brothers, Inc. — Pearson Brothers, Inc. provided the lowest responsible bid and will perform seal coating services for the City in 2016 per the attached agreement. Staff recommends approval. See attached agreement. C. Consent to Amended and Restated Declaration and Agreement for Phillips Woodland Terrace — Phillips Drive is a private road in the cities of Orono and Medina. The outlot in which the private road is located is currently owned by a family trust of the owners who subdivided the surrounding land decades ago. The trust intends to convey ownership of the outlot to the current owners of properties served by Phillips Drive. Conveying the outlot requires an amendment to the covenant, which requires the consent of the city. Staff has reviewed the proposed amended and restated covenants and agreement and the language pertaining to the cities is unchanged. Staff recommends approval of the consent to the First Amended and Restated Declaration of Covenants, Conditions, Restrictions and Maintenance Agreement for the private road. See attached agreement. VII. PRESENTATIONS A. Resolution Recognizing Police Chief Ed Belland for 25 Years of Service to the City of Medina — Police Chief Ed Belland will be present at the meeting to receive a resolution and be commended for his 25 years of service. Staff recommends approval. See attached resolution. Recommended Motion: Adopt Resolution Recognizing Police Chief Ed Belland for 25 Years of Service to the City of Medina. B. Resolution Recognizing Patrol Officer Kevin Boecker for 15 Years of Service to the City of Medina — Police Officer Kevin Boecker will be present at the meeting to receive a resolution and be commended for his 15 years of service. Staff recommends approval. See attached resolution. Recommended Motion: Adopt Resolution Recognizing Patrol Officer Kevin Boecker for 15 Years of Service to the City of Medina. VIII. NEW BUSINESS A. Temporary Medical Dwelling Units - During the 2016 session, Minnesota passed a new statute related to "Temporary Family Healthcare Dwellings." The law allows and establishes regulations for trailers which may be parked on a property for 6 months (extendable up to a year) to house a family member who is being cared for by a resident of the property. Cities are required to allow these dwellings subject to the requirements in the law unless a city opts -out of the requirement or explicitly adopts its own regulations on the use. See attached report. Potential Motion: Move to adopt the ordinance regarding temporary family healthcare dwelling; opting out of the requirements of Minnesota Statutes, Section 462.3593 B. Ordinance Amending Seasonal Weight Limits and Regulations of Truck Traffic — City Prosecutor Steve Tallen had a recent case where a recycling company was cutting through the City streets not using the designated truck routes. Mr. Tallen is suggesting that we make a simple language change to the ordinance under the exceptions (415.13) to limit the exception to City contracted garbage and recycling vehicles. City Attorney Batty drafted the changes and suggested other language changes in the ordinance. See attached memo, revised ordinance and resolution. Recommended Motion # 1: Adopt Ordinance Amending Chapter 4 of the Medina City Code Regarding Seasonal Weight Limits and Regulations of Truck Traffic. 2 Recommended Motion # 2: Adopt Resolution Authorizing Publication of the Ordinance by Title and Summary M. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 003747-003768 for $91,010.50, order check numbers 44629-44690 for $562,099.80, and payroll EFT 507309-507335 for $47, 754.50. INFORMATION PACKET • Planning Department Update • Police Department Update • Public Works Department Update • Claims List 3 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF JULY 19, 2016 The City Council of Medina, Minnesota met in special session on July 19, 2016 at 6:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Ca11 to Order Members present: Mitchell, Anderson, Cousineau, Martin, Pederson Members absent: Also present: City Administrator Scott Johnson, Public Works Director Steve Scherer, Finance Director Erin Barnhart, Public Safety Director Ed Belland, City Planner Dusty Finke, and City Engineer Jim Stremel II. 2017 Budget — Utilities/CIP Finance Director Erin Barnhart provided background information on utility rates and capital purchases for 2017. Water, Sewer, and Stormwater rates are projected to increase by 3% for 2017. Staff also recommended updating the 2012 utility study after the Comprehensive Plan for Medina is adopted. The City Council directed staff to keep Council informed about utility rates and to move forward with the utilities and CIP for 2017 as proposed. III. Sioux Drive Project Discussion City Engineer Jim Stremel provided information on the Sioux Drive Project and how to fix the drivability issues. The issues stem from an engineering mistake related to the curb and bituminous work. Staff supported fixing the issue as soon as possible. Mr. Stremel thought the project to fix the road would last a week or more and would be based on unit pricing. Staff was directed by the City Council to put together a solution with WSB, bring the project back to a future meeting, and use signage to notify businesses and residents about the project. Adjournment Mitchell closed the meeting at 6.•59 p.m. Bob Mitchell, Mayor Attest: Jodi M. Gallup, City Clerk Medina City Council Special Meeting Minutes 1 July 19, 2016 DRAFT 2 3 MEDINA CITY COUNCIL MEETING MINUTES OF JULY 19, 2016 4 5 The City Council of Medina, Minnesota met in regular session on July 19, 2016 at 7:00 6 p.m. in the City Hall Chambers. Mayor Mitchell presided. 7 8 I. ROLL CALL 9 10 Members present: Anderson, Cousineau, Pederson, Martin, and Mitchell. 11 12 Members absent: None. 13 14 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer 15 Jim Stremel, City Planner Dusty Finke, Public Works Director Steve Scherer, and Chief 16 of Police Ed Belland. 17 18 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 19 20 III. ADDITIONS TO THE AGENDA (7:00 p.m.) 21 The agenda was approved as presented. 22 23 IV. APPROVAL OF MINUTES (7:00 p.m.) 24 25 A. Approval of the July 5, 2016 Regular City Council Meeting Minutes 26 It was noted on page two, line 36, it should state, "...would then only is proposed to 27 be..." On page two, line 45, it should state, "...uses property..." On page five, line 35, it 28 should state, "...of a recent joint training held by the Loretto and Maple Plain Fire 29 Departments he..." 30 31 Moved by Anderson, seconded by Pederson, to approve the July 5, 2016 regular City 32 Council meeting minutes as amended. Motion passed unanimously. 33 34 V. CONSENT AGENDA (7:02 p.m.) 35 36 A. Approve Temporary Liquor License to the Church of the Holy Name of 37 Jesus of Medina on September 17, 20116 at 155 County Road 24 38 B. Approve Water Supply Agreement with Medina Leased Housing Associates 39 I, Limited Partnership 40 C. Ordinance No. 600 Establishing an Amended Fee Schedule 41 D. Resolution No. 2016-59 Authorizing Publication of Ordinance No. 600 42 Establishing an Amended Fee Schedule by Title and Summary 43 Moved by Pederson, seconded by Anderson, to approve the consent agenda. Motion 44 passed unanimously. 45 46 VI. COMMENTS (7:02 p.m.) 47 48 A. Comments from Citizens on Items not on the Agenda 49 Caroline Smith, 545 Medina Road, stated that she is grateful to live in Medina and feels 50 safe because there are not a lot of safety and crime issues within the City. She stated 51 that because of the recent times she feels it necessary to show appreciation for the Medina City Council Meeting Minutes 1 July 19, 2016 1 Police Department. She provided information on a peace pole that she is making and 2 proposed that Medina states that it is a city of peace. She stated that if the City is 3 interested in a peace pole she would bring forward the information and donate the item 4 to the City. She believed that each person in the City can do a little something visual. 5 6 Mitchell suggested that staff research the item and speak with Ms. Smith to determine if 7 this would be considered by the planning or park department. 8 9 Ms. Smith stated that she was a member of the Council for 12 years and is aware that 10 there is a lot of discussion about the public safety budget during the budget discussions. 11 She requested that the Council ensure that the Police Department has sufficient training 12 for any type of training they may need. She stated that this is not a time of normal police 13 budgets and asked that the Council not let the department go out unprepared. 14 15 Mitchell thanked Ms. Smith for her input. 16 17 Fred Webber, 100 Clydesdale Trail, thanked Belland, his department and all the public 18 servants in Medina. He stated that the residents have come to count on them for all of 19 the wonderful things that they do. 20 21 Mitchell acknowledged that this is a small town and noted that many members of the 22 community have called the Police Department in recent days to voice their support and 23 appreciation. 24 25 Belland confirmed that the department has received many calls of support. He stated 26 that Medina is a special City with a special sense of community. He stated that the 27 officers go out every day to protect and serve the residents of Medina. He stated that 28 since he has been with the City there has been a great deal of support and training 29 provided to the officers and the departments. He provided examples of different training 30 mechanisms that the department uses and has been teaching to the officers. He 31 thanked the community for their support. 32 33 B. Park Commission 34 Scherer reported that the Park Commission will meet the following night to consider 35 possibly returning Maple Park baseball field to a field again as there have been requests 36 from neighbors that will be presented to the Commission. He stated that the 37 Commission will also discuss park dedication for the AutoMotorPlex request and noted 38 that Finke will be present to discuss the park and trail portion of the Comprehensive 39 Plan. He stated that the Commission will also consider dugout covers at Hamel Legion 40 and receive an update on the Arrowhead Drive Trail project. 41 42 C. Planning Commission 43 Planning Commissioner Murrin stated that the Commission met the previous week to 44 consider the Concept Plan from the AutoMotorPlex and noted that the Commission 45 unanimously supports the applicant bringing forward an application. She noted that the 46 Commission encouraged the potential applicant to meet all the suggestions noted in the 47 staff report. She stated that the Commission also considered an ordinance amendment 48 related to temporary healthcare dwellings noting that the Commission unanimously 49 recommended to opt -out. She stated that the Commission determined that would place 50 a lot of additional work onto staff and the Commission was not sure that options outlined Medina City Council Meeting Minutes 2 July 19, 2016 1 by the Governor would be the best way to care for a sick family member or regulate that 2 type of housing. 3 4 VII. PRESENTATIONS 5 6 A. General Obligation Bonds, Series 2008A Refunding Bid Presentation — 7 Ehlers (7:15 p.m.) 8 Shelly Eldridge, Ehlers, stated that about one month ago the Council approved a call for 9 Series 2008A Refunding Bonds. She stated that staff has been working with Moody's 10 Investing Services and was able to obtain an Aa2 rating. She provided brief background 11 on the information used to determine the rating a City can obtain. She stated the bids 12 were received today and the City received four bids. She stated that winning bidder was 13 United Bankers Bank out of Bloomington, Minnesota with a percentage of 1.1382, noting 14 that Ehlers had estimated a percentage of 1.62, which is almost one half percent less 15 than expected. She stated that it was originally estimated that the City would save 16 $69,000 over the course of the bond and noted that those savings increased to 17 $104,000, saving the City another $35,000. She noted that because of the additional 18 savings the original aggregate principal amount would be decreased from $1,280,000 to 19 $1,220,000. 20 21 Martin noted that the potential motion references the original aggregate amount and 22 received confirmation that the amount should be changed to $1,220,000. She 23 referenced a few other items that may not be consistent with the new figures. She noted 24 that perhaps the resolution can be adopted with revisions that comport to the Ehlers 25 Report. 26 27 Johnson noted of a potential motion that would be sufficient to adopt the resolution. 28 29 1. Resolution No. 2016-60 Awarding the Sale of General Obligation 30 Refunding Bonds, Series 2016A, In the Original Aggregate Principal 31 Amount of $1,220,000; Fixing their Form and Specifications; 32 Directing their Execution and Delivery; Providing for their Payment; 33 Providing for the Escrowing and Investment of the Proceeds thereof; 34 and Providing for the Redemption of Bonds Refunded thereby 35 Moved by Martin, seconded by Anderson, to Adopt Resolution No. 2016-60 Awarding 36 the Sale of General Obligation Refunding Bonds, Series 2016A, In the Original 37 Aggregate Principal Amount of $1,220,000; Fixing their Form and Specifications; 38 Directing their Execution and Delivery; Providing for their Payment; Providing for the 39 Escrowing and Investment of the Proceeds thereof; and Providing for the Redemption of 40 Bonds Refunded thereby. Motion passed unanimously. 41 42 Mitchell noted that there is a lot of useful information included in the Moodys Report and 43 believed that it would be helpful for the Council to review that information as it will assist 44 in future budgeting discussions. 45 46 VIII. NEW BUSINESS 47 48 A. Deerhill Road Extension Project — Update on Bid Opening and Tabulation 49 (7:31 p.m.) 50 Johnson reported that the bid opening was held on July 14th noting although the 51 developer was not able to provide all the information needed to move forward, staff still Medina City Council Meeting Minutes 3 July 19, 2016 I wanted to bring the bid information forward to the Council. He reported that the low 2 bidder was Midwest Asphalt with a bid of $698,776.62. He confirmed that this is within 3 the engineer's estimate for the project. He noted that no action would be requested 4 tonight. 5 6 B. AutoMotorPlex — PUD Concept Plan Review — East of Arrowhead Drive, 7 North of Hamel Road (7:32 p.m.) 8 Johnson noted that because this is a Concept Plan no formal action would be needed 9 and the applicant is simply requesting input from the Council. He stated that this request 10 would include nine buildings with a total of 215,000 square feet. He noted that there is a 11 similar facility located in Chanhassen owned by the applicant. 12 13 Finke stated the applicant is considering a PUD to allow flexibility in construction. He 14 noted that staff has provided details for consideration within the staff report. He noted 15 that the applicant is proposing materials more commonly found in residential zoning. He 16 stated that this is a unique property and believed the narrative supplied by the applicant 17 provides some insight, as would a visit to the Chanhassen site. He stated that at this 18 point in the draft Comprehensive Plan process the land is not proposed to change in 19 land use designation. He identified the proposed property and noted that staff made 20 comments regarding an upland parcel that would be landlocked with the proposed 21 subdivision of the overall property. He displayed the proposed layout of the property 22 included in the Concept Plan along with some photographs from the existing 23 Chanhassen site. He provided a comparison of what is being requested by the applicant 24 compared to what is typically allowed in the business park zoning district. He stated that 25 the applicant is seeking flexibility on setbacks, noting that perhaps additional buffering 26 could be done to minimize the potential impact. He stated that the applicant is proposing 27 lap siding (LP smart board siding) similar to what you would see on a residential building 28 rather than the typical brick and concrete building you would find in a business park 29 district. He stated that the building material is typically only allowed as a secondary 30 minor material in the business park zoning district but noted that the Planning 31 Commission was supportive of the material in this situation. He noted that staff would 32 still recommend at least 20 percent of the materials be composed of a material such as 33 glass or brick. He stated that this use would require a lot of garage doors and noted that 34 the zoning district typically limits loading docks to 20 percent. He stated that staff would 35 want to review the different parking needs to determine an efficient site layout to ensure 36 parking is provided for events. He noted that the Chanhassen site holds events on a 37 monthly basis and smaller events on weekends and staff would want to ensure there is 38 not pressure put on public right-of-way. He noted that there were letters from 39 Chanhassen stating that there are no issues at that site with events and noted that the 40 applicant is working with Loram to secure a shared parking agreement. He reported that 41 the Planning Commission was supportive of the request. 42 43 Bruno Silikowski, Plymouth resident, stated that they create a large amount of property 44 tax base. He stated that there is a similar sized site in Chanhassen that he opened on 45 January 1, 2008. He explained that although the Medina site will be roughly the same 46 size the selling price of the land is higher by about 30 percent and noted that the 47 valuation of the Chanhassen site today is about $40,000,000. He stated that he worked 48 with staff to determine a comparable price for the land should it be developed under a 49 typical commercial use of this size and it was determined about $4,000,000 to 50 $7,000,000 while he estimates that this site will be valued significantly higher than his Medina City Council Meeting Minutes 4 July 19, 2016 1 Chanhassen site. He stated that this site will be quiet enjoyment and the people that 2 frequent his site like to spend money in the community. 3 4 Mitchell asked if Silikowski has an office on the site. 5 6 Silikowski replied that he does have an office on the Chanhassen site and would have 7 one on this site as well. He stated that his auto collection would also be housed at this 8 location. He noted that the site would have a member led association and therefore a 9 professional management team would be on site as well. 10 11 Anderson asked how the tenants fuel their vehicles and whether there would be a gas 12 station on site. 13 14 Silikowski replied that there would not be a gas station on site and members would fuel 15 their vehicles at local gas stations. 16 17 Cousineau asked for information on security as there would be a lot of high end vehicles 18 on the site. 19 20 Silikowski stated that they take this very seriously and one of their hallmarks is security. 21 He stated that they would have fire suppression systems, cameras throughout the site, 22 specific codes that register which members are coming and going from the site, the 23 police are hired for local events, and the community of members act as a block watch. 24 He stated that their by-laws are firmly written to help prevent issues and stated that they 25 are yet to have an issue at the Chanhassen site. 26 27 Martin stated that she is struggling with the limited setbacks. She stated that although 28 the tax base would be wonderful and residents would be interested in this development 29 she noted that typically there would be some kind of trade off in return for the reduced 30 setbacks and additional garage doors. She noted that the site has minimal perimeter 31 open space and green space and some of the aspects they normally see in return for the 32 flexibility requested. 33 34 Silikowski stated that there is a minimum of 50 feet between the buildings and up to 150 35 feet from some perimeters of the site so it is much more open than you would think. He 36 stated that the wetland in the center is a low quality wetland and they plan to celebrate 37 that natural feature and plan to make it a high quality wetland that will become a feature 38 of the site in an almost park like setting. He noted that in speaking with the Planning 39 Commission they are planning to make the garage doors of a wood material in order to 40 better blend with the site. He noted that he was able to learn from the Chanhassen site 41 as to what works best and build that into this site. He stated that the setback variations 42 are only slight, ten feet compared to 50 feet in order to fit with the design. 43 44 Martin stated that she likes the concept and perhaps it would be easier to see with larger 45 plans. She noted that the interior of the site would not be visible for the outside 46 community and therefore she would want to see a larger giveback to the community. 47 48 Silikowski stated that they would open the doors to the community for events and noted 49 that they work with organizations to raise money for charity through events that the 50 community can attend. He stated that they are very security minded and do not want Medina City Council Meeting Minutes 5 July 19, 2016 1 people to walk onto the site when the events are not occurring in order to protect the 2 security of members. 3 4 Pederson stated that he attended the Planning Commission meeting and noted that he 5 also visited the Chanhassen site and was very impressed. He noted that his original 6 impression was that it would be muscle cars and it was not that at all as these are high 7 value vehicles. He stated that it is a very nice facility but did not see any hardships that 8 would allow the City to reduce the setbacks. He stated that it is a first class facility and 9 Silikowski was very helpful in showing him around. 10 11 Cousineau stated that she has not been to the site but has talked to people that have 12 been the Saturday morning events and spoke of them very highly. She stated that she 13 would be concerned with light and noise pollution because of the rural setting. 14 15 Silikowski stated that typically on a weekday there are about six people on site and 16 perhaps 12 on weekends. He stated that some of the members are CEO's and the 17 intent of the site is quiet enjoyment. He noted that there is an open house for the public 18 on Saturday mornings from 7:30 AM to 11:30 AM. He encouraged the Council to reach 19 out to Chanhassen. He stated that Chanhassen encourages and participates in the 20 events. 21 22 Cousineau asked if there would be a mechanics or repair shop onsite. 23 24 Silikowski replied that a body shop, repair shop and detail shop is being built in 25 Chanhassen right now. He stated that all that activity is completed inside and noted that 26 this is high -end, with the low end of restoration being $500,000 and ranging up to 27 $2,000,000. 28 29 Anderson stated that he shares the concerns regarding setbacks. He believes that this 30 is an intriguing plan and encouraged the applicant to think about the comments 31 regarding the setbacks when coming forward with an application. 32 33 Mitchell stated that he is familiar with the Chanhassen site and noted that one issue of 34 Arrowhead would be having a wide enough road with a trail off the road to allow 35 pedestrian traffic. He stated that there is a horse barn on the corner and wanted to 36 ensure that there is a viable piece of property when the Loram property is further 37 subdivided. 38 39 Silikowski stated that this subdivision is per Loram's request. 40 41 Mitchell stated that he is welcoming of this request. 42 43 Pederson stated that there was a possible second emergency entrance discussed at the 44 Planning Commission. 45 46 Silikowski stated that at Chanhassen there is one way in and one way out with an 47 emergency access. He noted that the emergency access has never been used but 48 agreed that could be done on this site as well. He referenced the site map and stated 49 that the ten -foot variance in the setback is being requested in only the peaked areas, 50 noting that the road is not behind that area. He noted that the setback request is not for 51 the entire site but just those areas. Medina City Council Meeting Minutes 6 July 19, 2016 1 2 IX. OLD BUSINESS 3 4 A. Just for Kix — Site Plan Review, Hardcover Variance, Lot Combination at 45 5 Highway 55 (8:02 p.m.) 6 Johnson stated that staff is bringing this item back noting that the main question from the 7 last meeting was the fagade and noted that changes had been made following a meeting 8 with the applicant, Mayor Mitchell, Council Member Anderson, and staff. 9 10 Finke stated that the applicant is looking to incorporate more brick material within the 11 entrance for the dance studio and retail space and carry that color across the entire 12 building. He referenced additional features which were added to the rear of the building 13 as well. 14 15 Mitchell stated that his observation is that Aldi and the other stores in that area had more 16 of a brick look and therefore he supported that and believed that this would better blend 17 with the other buildings. 18 19 1. Resolution No. 2016-61 Granting Preliminary and Final Plat 20 Approval for Just for Kix 21 Moved by Cousineau, seconded by Martin, to Adopt Resolution No. 2016-61 Granting 22 Preliminary and Final Plat Approval for Just for Kix. Motion passed unanimously. 23 24 2. Resolution No. 2016-62 Granting Variance and Site Plan Review 25 Approval for Just for Kix 26 Moved by Cousineau, seconded by Anderson, to Adopt Resolution No. 2016-62 27 Granting Variance and Site Plan Review Approval for Just for Kix. Motion passed 28 unanimously. 29 30 3. Development Agreement by and between the City of Medina and 31 Clough Properties, LLC 32 Moved by Cousineau, seconded by Martin, to approve Development Agreement by and 33 between the City of Medina and Clough Properties, LLC. Motion passed 34 unanimously. 35 36 X. CITY ADMINISTRATOR REPORT 37 38 A. Planning Commissioner Appointment to Vacant Seat (8:06 p.m.) 39 Johnson stated that there have been interviews for the one vacant position on the 40 Planning Commission and staff recommends appointing Laurie Rengel to the position as 41 she does have a background that would fit well in that position. 42 43 Anderson stated that the City is blessed to have four very strong applicants, any one of 44 which would be an asset to the Commission. He reviewed some of the qualities she 45 brings to the table, noting that she is an employee of a local business and lives in one of 46 the newer Medina communities. 47 48 Moved by Anderson, seconded by Martin, to appoint Laurie Rengel to the vacant 49 position on the Planning Commission. Motion passed unanimously. 50 Medina City Council Meeting Minutes 7 July 19, 2016 1 Anderson noted that the other applicants are of a high quality and caliber and hoped that 2 they would apply again in the future when another position opens on the Commission. 3 4 XI. MAYOR & CITY COUNCIL REPORTS (8:08 p.m.) 5 Pederson thanked Mitchell for the beautiful party he and his family put on. 6 7 Mitchell thanked all the staff who attended. He noted that the rain kept them indoors and 8 it provided a closer setting for people to enjoy. He stated that this is a tough time for 9 police and noted that the Council supports the department and hopes things go 10 smoothly. 11 12 Martin stated that she attended a training session for the Hamel Fire Department which 13 she found helpful and noted that she has met with each of the Fire Chiefs and has 14 learned a lot through those meetings. She stated that all the departments appreciate 15 quality feedback. She stated that the Hamel Fire Department will have their railroad 16 trainings in a two-part session in late August. 17 18 Johnson stated that Night to Unite is August 2nd and therefore the next Council meeting 19 will be on August 3rd 20 21 XII. APPROVAL TO PAY THE BILLS (8:11 p.m.) 22 Moved by Anderson, seconded by Martin, to approve the bills, EFT 003726E-003746 for 23 $50,194.46, order check numbers 44545-44628 for $895,138.18, and payroll EFT 24 507277-507308 for $49,452.29. Motion passed unanimously. 25 26 XIII. ADJOURN 27 Moved by Anderson, seconded by Martin, to adjourn the meeting at 8:12 p.m. Motion 28 passed unanimously. 29 30 31 32 Bob Mitchell, Mayor 33 Attest: 34 35 36 Jodi M. Gallup, City Clerk Medina City Council Meeting Minutes 8 July 19, 2016 Agenda Item # 5A Execution Copy 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) 482521v4 ME230-632 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 5 9. Landscaping Plan; Tree Replacement 5 10. Wetlands; Upland Buffer Easement; Floodplain 5 11. Letter of Credit 6 12. Developer's Default 6 13. Insurance 7 14. City Water Connection Fees; Metropolitan Council SAC Fee 7 15. Responsibility for Costs; Escrow for Construction Inspection 7 16. No Building Permits Approved 8 17. Clean up and Dust Control 8 18. Compliance with Laws 8 19. Agreement Runs With the Land 8 20. Indemnification 8 21. Assignment 8 22. Notices 8 23. Severability 9 24. Non -waiver 9 25. Counterparts 9 SIGNATURES 10-11 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F 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 i 482521v4 ME230-632 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"). WITNESSETH: 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: L 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; fj 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 482521v4 ME230-632 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. 2016-61 and 2016-62, 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. 2 482521v4 ME230-632 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 June 23, 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 482521v4 ME230-632 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. 4 482521v4 ME230-632 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 482521v4 ME230-632 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 482521v4 ME230-632 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. The Metropolitan Council has established the number of sewer availability charge units attributable to the project as six (which also determines the number of units for purposes of the City's water fee), but the Developer has suggested that actual usage shall be lower, based on a similar facility owned by the Developer. The City's water connection fee shall be based on an estimated three sewer availability units, with a credit of one unit for the existing house, which results in a fee of $15,150. The City agrees to collect the fee based on the estimated lower number but retains the right to reevaluate the number of units based on actual usage at any time within three years of the date of issuance of the certificate of occupancy. If the City determines that additional units (up to the six initially determined by the Metropolitan Council) are justified based on actual usage, the Developer agrees to pay the fee for the additional units at the then -current City rate within 30 days of notice from the City. If the Developer fails to pay the required additional fee, the City shall have the right to specially assess the Property for the unpaid fee and the Developer hereby waives any right to appeal said assessments under Minnesota Chapter 429 or Chapter 444. 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 7 482521v4 ME230-632 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 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. 8 482521v4 ME230-632 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 7842 College Road Baxter, MN 56425 Attn: Stephen J. Clough b) as to City: City of Medina 2052 County Road 24 Medina, MN 55340 ATTN: City Administrator with a copy to: Ronald H. Batty Kennedy & Graven 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 or at such other address as either party may from time to time notify the other in writing in accordance with this section. The Developer shall notify the City if it changes its name or address. 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 parry waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 25. Counterparts. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be an original and shall constitute one and the same Agreement. ************************ 9 482521v4 ME230-632 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 482521v4 ME230-632 By: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Clough Properties, LLC Stephen J. Clough, Chief Manager The foregoing instrument was acknowledged before me this day of , 2016, by Stephen J. Clough, the Chief Manager of Clough Properties, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public 11 482521v4 ME230-632 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 482521v4 ME230-632 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 C1.12 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 482521v4 ME230-632 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 on the plat drainage easements over portions 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 482521v4 ME230-632 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. C-2 482521v4 ME230-632 5. Notice. All notices required under this Agreement shall either be personally delivered or be sent by U.S. certified or registered mail, postage prepaid, and addressed as follows: a) as to the Developer: b) as to the City: Clough Properties, LLC 7842 College Road Baxter, MN 56425 Attn: Stephen J. Clough 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 482521v4 ME230-632 By: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Clough Properties, LLC Stephen J. Clough, Chief Manager The foregoing instrument was acknowledged before me this day of , 2016, by Stephen J. Clough, the Chief Manager of Clough Properties, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public C-4 482521v4 ME230-632 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 482521v4 ME230-632 EXHIBIT A TO STORMWATER MAINTENANCE AGREEMENT Legal Description of the Property Lot 1, Block 1, Just for Kix, Hennepin County, Minnesota. 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J 482521v4 ME230-632 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.PONO.d: Typical Inspection/Maintenance Frequencies for Ponds Inspection Items Maintenance Items Frequency Ensure that at least 50 % of wetland plants survive Check for invasive wetland plants. Replant wetland vegetation One time -After First Year Check that maintenance access is free and clear. Inspect low flow 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 erasion Monitor wetland plant composition and health. Look for broken signs, locks, and other dangerous items. Mowing — minimum Spring and Fall Remove debris Repair undercut, eroded, and bare soil areas. Monthly to Quarterly or After Major Storms (n1") Monitor wetland plant composition and health. Identify invasive plants Ensure mechanical components are functional Trashand debris clean-up day Remove invasive plants Harvest wetland plants Replant wetland vegetation Repair broken mechanical oomponents if needed Semi-annual to annual All routine inspection items above Inspect riser, barrel, and embankment for damage Inspect all pipes Monitor sediment deposition in pond and forebay pipe and Riser Repair Forebay maintenance and sediment removal when. needed Every 1 to 3 years Monitor sediment deposition in pond and forebay Forebay maintenance and sediment removal when needed 2_7 years Remote television inspection of reverse slope pipes, under -drains, and other hard to access piping Sediment removal from main pond/ wetland Pipe replacement if needed 5-25 years C-C-1 482521v4 ME230-632 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 12.FIL.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-till or otherwise cultivate the surface, and replace media with like material meefing the design specifications. - Replace a ny filter fabric that has become cogged_ As needed - Ensure that contributing area, facility, inlets and outlets are clear of debns. - Ensure that the contributing area is stabilized and mowed, with clippings removed. - Remove trash and debris. • Check to ensure that the filter surface is not clogging (also check aRer storms greater than about 1'). • Ensure that activities in the drainage area minimize oil/grease and sediment entry to the system. • If penmaneM 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 Monthly - Feinefo see that the fitter bed is clean of sediment and the sediment chamber is not more than 6 inches of sediment_ Remove sediment as necessary_ - Make sure that there is no evidence of deterioration, spilling or cracking of concrete. - Insped grates (perimeter sand filter). • Inspect inlets, cutlets and overflow spillway to ensure good condition and no evidence of erosion. - Repair or replace any damaged structural parts. - Stabilize any eroded areas. - Ensure that flow is not bypassing the facility. • Ensure that no noticeable odors are detected outside the facility 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. C-C-2 482521v4 ME230-632 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 `Basement 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. D-1 482521v4 ME230-632 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 D-2 482521v4 ME230-632 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: D-3 482521v4 ME230-632 a) as to Developer: b) as to City: With a copy to: Clough Properties, LLC 7842 College Road Baxter, MN 56425 Attn: Stephen J. Clough 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. ************************ D-4 482521v4 ME230-632 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 Stephen J. Clough, Chief Manager The foregoing instrument was acknowledged before me this day of , 2016, by Stephen J. Clough, the Chief Manager of Clough Properties, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public D-5 482521v4 ME230-632 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 D-6 482521v4 ME230-632 EXHIBIT A TO UPLAND BUFFER EASEMENT AGREEMENT Legal Description of the Property Lot 1, Block 1, Just for Kix, Hennepin County, Minnesota. D-A-1 482521v4 ME230-632 EXHIBIT B TO UPLAND BUFFER EASEMENT AGREEMENT Legal Description of the Easement Area An upland buffer easement over and across all that part of Lot 1, Block 1, Just For Kix, Hennepin County, Minnesota, described as follows: Commencing at the southwest corner of said Lot 1; thence North 08 degrees 37 minutes 05 seconds West (assumed bearing) on the westerly line of said Lot 1, a distance of 126.02 feet to the point of beginning; thence North 08 degrees 37 minutes 05 seconds West on said westerly line, 97.12 feet; thence South 73 degrees 19 minutes 23 seconds East on said westerly line, 76.50 feet; thence North 03 degrees 51 minutes 23 seconds West on said westerly line, 86.36 feet to the most northerly corner of said Lot 1; thence southeasterly 87.49 feet on the northerly line of said Lot 1 and on a 2181.88 foot radius curve, concave to the southwest, having a central angle of 02 degrees 17 minutes 51 seconds and a 87.48 foot chord that bears South 59 degrees 10 minutes 06 seconds East; thence North 31 degrees 58 minutes 49 seconds West on said northerly line, 10.00 feet; thence southeasterly 60.14 feet on the northerly line of said Lot 1 and on a 2191.88 foot radius curve, concave to the southwest, having a central angle of 01 degrees 34 minutes 19 seconds and a 60.13 foot chord that bears South 57 degrees 14 minutes 01 seconds East; thence South 33 degrees 32 minutes 47 seconds West, 58.38 feet; thence North 80 degrees 17 minutes 38 seconds West, 103.91 feet; thence South 65 degrees 52 minutes 16 seconds West, 18.78 feet; thence South 02 degrees 00 minutes 14 seconds West, 57.74 feet; thence North 80 degrees 13 minutes 16 seconds West, 30.50 feet to the point of beginning D-B-1 482521v4 ME230-632 iction of the Upland Buffer Easem I AO N6NoilUOSi9 AO 11013MS Oak. 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Construction Item Unit Unit Price Quantity Subtotal 101 COMMON EXCAVATION CY 8.00 8500 $ 68,004.00 102 SUBGRADE PREPARATION SY $ 1.50 1725 $ 2,587.50 103 COMMON BORROW CY $ 15.00 500 $ 7,500.00 SUBGRADE WORK $ 78,087.50 201 AGGREGATE RASE PLACED (CV) CY $ 26.00 750 $ 19,504.00 302 2" BITUMINOUS NON -WEARING COURSE SY BASE $ 12.00 WORK 1725 $ 19,500.00 $ 20,700.00 303 CONCRETE CURB 8. GUTTER LF $ 16.00 500 $ 8,004.00 SITE WORK $ 49,400.00 401 10-24' HDPE PIPE SEWER LF $ 32.00 375 $ 12,000.00 402 CONSTRUCT DRAINAGE STRUCTURE LF $ 375.04 35 $ 13,125.00 403 CASTING ASSEMBLY EA $ 600.00 7 $ 4,200.00 404 STORMWATER MANAGEMENT BASIN LS $ 45,000.00 1 $ 45,004.00 STORM SEWER $ 74,325.00 501 6" WATERMAIN PVC C900 LF $ 35.00 65C $ 22,750.00 502 6" GATE VALVE AND BOX EA $ 1,500.00 2 $ 3,000.00 503 CONNECTION TO WATERMAIN EA $ 1,000.00 2 $ 2,000.00 504 HYDRANT ASSEMBLY EA $ 2,500.00 2 $ 5,000.00 505 PIPE BENDS, Fi I I INGS LS 5 2,000.00 1 $ 2,000.00 WATERMAIN $ 34,750.00 601 SILT FENCE, TYPE MACHINE SLICED LF $ 2.00 800 $ 1,600.00 602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA $ 1,000.04 1 $ 1,004.00 603 STORM DRAIN INLET PROTECTION EA $ 150.00 7 $ 1,050.00 EROSION CONTROL $ 3,650.00 701 SODDING, TYPE LAWN AND BOULEVARD SY 5 4.00 5000 $ 20,004.00 LA DSCAPING $ 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 Base Work Site Work Storm Sewer Watermain Erosion Control La ndsca ping TOTAL TOTAL Plus 50% TOTAL LOC Required $ 78,087.50 19,500.00 28,700.00 74,325,00 34,750,00 3,650.00 20,000.00 259,012.50 129,506.25 388,518.75 E-1 482521v4 ME230-632 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 F-1 482521v4 ME230-632 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 F-2 482521v4 ME230-632 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 7842 College Road Baxter, MN 56425 Attn: Stephen J. Clough b) as to the City City of Medina 2052 County Road 24 Medina, MN 55340 Attn: City Administrator or at such other address as either parry 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. F-3 482521v4 ME230-632 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 Stephen J. Clough, Chief Manager The foregoing instrument was acknowledged before me this day of , 2016, by Stephen J. Clough, the Chief Manager of Clough Properties, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public F-4 482521v4 ME230-632 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 482521v4 ME230-632 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 482521v4 ME230-632 Agenda Item # 5B SEAL COATING SERVICES AGREEMENT This Agreement is made this 3rd day of August 2016, by and between Pearson Brothers, Inc., 11079 Lamont Avenue N.E., Hanover, MN 55341 a Minnesota corporation (the "Contractor") and the city of Medina, a Minnesota municipal corporation (the "City"). Recitals 1. The City has been authorized to enter into a contract for seal coating services; and 2. The City has approved the contract for seal coating services with the Contractor; and 3. The parties wish to define the scope of services and teims of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform seal coating services for the City. "Seal Coating Services" will consist of installation of seal coating, according to the specifications listed on the attached Exhibit A and materials listed in 3.0 below. Public Works Director will provide a detailed map to contractor at time of installation. 2.0. TERM. The term and prices of this contract shall remain in effect from August 2016 until November 2016, or until such later date as may be mutually agreed upon. 3.0 COMPENSATION. The City shall compensate the Contractor according to the square yard pricing listed below: ITEM NO. 11A — Seal Coating, Installed, Including Pre -Sweeping, CRS-2 Liquid Asphalt at .27 Gallons/Sq Yd, 1/8" Trap Rock at 25 Ibs/Sq Yd, Area Rolled With Two Eleven Wheeled Pneumatic Tire Rollers and Excess Rock Pick Up and Disposal (May require two sweepings) • 0-25,000 Sq. yds. $ 1.31 • 25-50,000 Sq. yds. $ 1.29 • 50-75,000 Sq. yds. $ 1.27 • 75-100,000 Sq. yds. $ 1.27 ITEM NO. 11 B — Seal Coating, Installed, Including Pre -Sweeping, CRS-2 Liquid Asphalt at .30 Gallons/Sq Yd, FA2 Granite at 28 Ibs/Sq Yd, Area Rolled With Two Eleven Wheeled Pneumatic Tire Rollers and Excess Rock Pick Up and Disposal (May require two sweepings) • 0-25,000 Sq. yds. $ 1.29 • 25-50,000 Sq. yds. $ 1.26 • 50-75,000 Sq. yds. $ 1.25 • 75-100,000 Sq. yds. $ 1.24 1 3.01 Length and width of paved area will vary. Payment and Performance Bond shall be required and shall be included in the bid price. 3.02 The Contractor shall pay for all licenses and permits. These costs shall be included in the bid cost. The City is exempt from sales tax. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker's compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools, as well as traffic control, to complete the services under this Agreement. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 4.04 The Contractor acknowledges that all OSHA Safety requirements will be in place at all times. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER'S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker's compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker's compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney's fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor's performance under this Agreement. 2 8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 9.0 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota Government Data Practices Act (the "Act") and all other applicable state and federal laws relating to data privacy or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by the Contractor in performing its obligations is subject to the requirements of the Act, and the Contractor must comply with the requirements of the Act as if the Contractor was a government entity. 10.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 13.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By Bob Mitchell, Mayor By Scott T. Johnson, Administrator PEARSON BROTHERS INC. (CONTRACTOR) By 3 EXHIBIT A BITUMINOUS SEALCOAT MATERIALS SPECIFICATIONS TABLE OF CONTENTS INDEX 2013 STREET MAINTENANCE MATERIALS SPECIFICATIONS 1.00 Bituminous Sealcoat 1.01 Scope of Work S-1 1.02 Inspection and Supervision S-1 1.03 Specifications Which Apply S-1 1.04 Starting Date S-1 1.05 Completion Schedule S-1 1.06 Coordination of Work S-1 1.07 Preconstruction Conferences S-2 1.08 Commencing Work S-2 1.09 Traffic Control S-2 1.10 Protecting Utilities and Property S-3 1.11 Bituminous Sealcoat Material S-3 1.12 Equipment S-3 1.13 Calibration S-4 1.14 Personnel S-4 1.15 Road Surface Preparations S-5 1.16 Rolling Operations S-5 1.17 Sealcoat Application S-5 1.18 Protection of Surface S-5 1.19 Uniform Surface Appearance S-6 1.20 Sweeping and Disposal of Excess Aggregate S-6 1.21 Application of Blotting Material S-6 1.22 Method of Measurement and Payment S-6 1.23 Quantity Adjustments S-6 1.24 Liquidated Damages S-7 1.25 Emergency Response S-7 1.26 Sampling and Testing S-7 1.27 Conflict between Unit Prices and Extended Amounts S-7 1.28 Guarantee S-7 1.00 BITUMINOUS SEALCOAT: 1.01 SCOPE OF WORK: The work to be done under this contract includes the furnishing of all labor, materials, transportation, tools, supplies, plant equipment, etc., necessary for the complete and satisfactory construction and installation of sealcoating shown on the maps attached to these specifications. 1.02 INSPECTION AND SUPERVISION: The City Public Works Director, or their authorized representative, will provide the necessary inspection for all work under this contract taking place within the City of Medina. The Public Works Director may also designate a consulting engineer who may provide necessary inspection for all work under this contract. The Contractor shall give the City 48 hours notice prior to beginning work or resuming work on this project. 1.03 SPECIFICATIONS WHICH APPLY: The specifications of the Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (with all addenda and supplements as of the date of these specifications). Section 2356 "Bituminous Sealcoat" shall apply using English measurements, except as further modified in these Special Conditions as follows: 1.04 STARTING DATE: The target start date for this project shall be mutually decided by the Contractor and the City Public Works Director, or his designee. 1.05 COMPLETION SCHEDULE: All work under this contract shall be completed on or before September 6, 2013, except street sweeping. Liquidated damages ($300/day) will be assessed if the work is not completed on time. 1.06 COORDINATION OF WORK: Throughout the project the Contractor shall coordinate his work with operations being carried out by City forces, utility companies and/or other contractors. Access shall be maintained as much as possible. The Contractor shall notify those affected of the periods of time that accesses must be closed. The Contractor shall be required to secure a staging area, approved by the Public Works Director, prior to starting work. The Contractor shall perform the work in a manner that will ensure completion within the time set in the contract. In case of failure to perform the work in such a manner, the City shall have the right to require the Contractor to place in operation such additional forces and equipment as deemed necessary. 1.07 PRECONSTRUCTION CONFERENCES: Prior to the start of any work, following execution of the contract, there will be a preconstruction conference arranged by the Medina Public Works Department. 1.08 COMMENCING WORK: The Contractor shall notify Public Works Director Steve Scherer of their intentions to commence work at least two days (excluding holidays and Saturdays and Sundays) prior to moving onto the work site. No work shall be started until the contract has been executed and the Contractor has fulfilled all preliminary requirements. Also, prior to the start of any work, the Contractor shall submit to the Public Works Director for approval, a written time schedule, sequence of moves, and other pertinent information as required by the City of Medina Public Works Department. 1.09 TRAFFIC CONTROL: All required maintenance of contract construction items shall be in accordance with the provisions of MnDOT 1404, 1514, and 1515 with the added stipulations. The Contractor is responsible for maintenance, control, and safeguard of traffic within and immediately abutting the project in accordance with MnDOT Field Manual on Temporary Traffic Control Zone layouts. The Contractor is responsible for providing and maintaining all traffic control devices. The Contractor shall furnish, erect and maintain warning lights, temporary fence, and barricades as required to adequately warn and protect the public from hazardous protrusions, materials, excavations, etc., resulting directly or indirectly from the construction. The Contractor shall provide all flaggers (minimum of two), barricades, signs, and other traffic control devices as required during the construction operations at no additional cost to the City. All traffic control devices shall conform to the Minnesota Manual on Uniform Traffic Control Devices. Signs shall be posted to limit speeds to maximum 20 mph. Signs, like MnDOT W21-2 in size (30" x 30") and color designating "Loose Rock" shall be posted at all access points to neighborhoods or streets where sealcoating is taking place. All signs are to be installed by the Contractor prior to sealcoating and removed by the Contractor within 48 hours after the streets are swept after sealcoating. Payment for installation of these provided signs shall be incidental to the work and no additional compensation will be paid. Traffic control includes signing streets with temporary `No Parking for Street Maintenance" signs a minimum of 24 hours and a maximum of 36 hours before work is to begin. The maximum distance between signs shall be 500 feet with at least two signs per block. It is the responsibility of the Contractor to provide and install and remove temporary no parking signs. Efforts should be made to coordinate with residents and businesses the day before and early morning to keep the street clear of vehicles. Special care shall be taken to move vehicles that may be hit by bituminous material over -spray. The Contractor is responsible for any vehicle cleaning or repainting. 1.10 PROTECTING UTILITIES AND PROPERTY: The Contractor shall furnish a person and materials to carefully cover manhole covers, catch basin grates and watermain valve box covers with suitable paper covers and sand immediately prior to applying bituminous material to those same structures. Directly after sealcoating, all material on the structures will be hand shoveled/swept to ensure that no material is placed on the seal coated street and that all material is removed from the structure. If structures are not covered and are seal coated over and cannot be opened easily, the Contractor shall be charged $100.00/hour for time spent by City forces to open and clean these items. The Contractor shall be responsible for protecting all property from damage due to drifting bituminous material and aggregate. 1.11 BITUMINOUS SEALCOAT MATERIAL: CLASS "A" AGGREGATE SEALCOAT (STREETS, TRAILS AND PARKING LOTS) - This work shall meet the requirements of MnDOT Specification 2356 for Bituminous Seal Coat with the following modifications: Bituminous material will be emulsified asphalt, cationic, CRS-2 or polymer modified cationic CRS-2P and shall conform with MnDOT Specification 3151. Aggregate material shall conform in composition to MnDOT Specification 3137 for Class "A" aggregate and to 3127 for gradation and quality for FA-2 and FA-2 (modified 1/8") requirements. The base bid shall be all dresser trap rock. An alternate bid shall also be provided for all granite material. Polymer material shall conform to MnDOT Specifications 3161 for coating and anti - stripping additives. All materials shall comply with the most recent version of the MNDOT Specification. Materials found to fail testing and quality requirements as outlined in these specifications shall be paid at reduced prices for all materials represented by that sample as outlined in the MNDOT Specifications. The sealcoat application range is: 1) Where FA-2 Class "A" is used, it shall be applied at a rate of 20-25 pounds per square yard with 0.26-0.28 gallons per square yard of CRS-2 or CRS-2P. 2) Where FA-2 (Modified 1/8") Class "A" is used, application rates shall be the same as FA-2 Class "A". 3) On older, more textured pavements, the inspector may adjust the application rate higher than the specified range for emulsion to provide proper aggregate chip embedment. Bituminous seal material shall be applied at a rate as directed by the Engineer. Application rates will be determined based on the condition of each area to be sealed. 1.12 EQUIPMENT: Sweepers shall be "pick-up" type only, capable of non -streak sweeping and spray bar water applications for dust control. Minimum of one machine required on project throughout sealcoat application, and minimum of two machines required for excess aggregate pick up. Also, one tandem axle dump truck per sweeper required for hauling excess sweepings from project. Asphalt distributor shall be two thousand (2000) gallon minimum capacity, capable of applying a 16 foot width of bituminous material at a computer calibrated rate of application. Minimum of two machines required. Aggregate spreader shall be a self-propelled type, capable of applying a 16 foot width of aggregate material at a calibrated rate of application. Rollers shall be eleven wheel, self-propelled, pneumatic tire type Minimum of two rollers required. Each pneumatic -tired roller will have a total compacting width of not less than 60 inches and will have a minimum ground contract pressure of 80 psi. 1.13 CALIBRATION: The Contractor shall be required to demonstrate proof that the equipment being used is distributing aggregate and emulsion at the rates specified herein. Aggregate distribution rates shall be verified at each equipment setup location. 1.14 PERSONNEL: All assigned personnel shall demonstrate to the satisfaction of the Public Works Director or his designee, the ability to operate the piece of equipment to which they are assigned. 1.15 ROAD SURFACE PREPARATIONS: Patching and crack sealing of the streets designated for sealcoating, and adjustment of valve boxes and manhole castings will be performed by the City at no cost to the Contractor. Pre -sweeping of streets shall be completed by the Contractor as part of this project with no additional payment made by the City. The sweeping operation shall provide a clean street prior to starting the sealcoat operation. 1.16 ROLLING OPERATIONS: Complete the initial rolling within 2 minutes after applying the aggregate. Proceed at a recommended speed less than or equal to 8 km per hour (5 miles per hour) to prevent turning over aggregate. Make a minimum of three complete passes over the aggregate before continuing the operation. Roll the aggregate so the entire width of the treatment area is covered in one pass of all the rollers. The total compacting width of each pneumatic -tired roller shall exceed 1.5 m (5 ft). 1.17 SEALCOAT APPLICATION: Furnishing, application, aggregate covering and curing shall be accomplished in accordance with MnDOT Specification 2356. Starting times each morning during sealcoat application vary based upon weather conditions that day; i.e. humidity, temperature, etc. In general, sealcoat operations shall be conducted only during the daylight hours when the air temperature is between 60°F and 95°F, when the relative humidity is less than 75%, and the road surface is dry. The City's field representative shall determine each day's starting time based upon those conditions. Bituminous materials shall be placed at a temperature of 125°F to 185°F and at rates designated by the City's designee. Cover aggregate shall be applied within 1 minute of the emulsified asphalt at a rate designated by the City's designee. The speed of the spreader will be such that the stones are not rolling over. The aggregate shall be spread in one operation in such a manner that an 8 inch strip of emulsified asphalt is left exposed along the longitudinal center to form a lap for succeeding applications of emulsion. If necessary, thin or bare spots in the spread of aggregates will be corrected by hand spreading or other methods subject to approval of the Public Works Director. A clear straight line at the edge of the pavement next to the concrete gutter shall be maintained. All streets shall be seal coated to incorporate all adjacent radii as directed by the City's field representative. Application ends shall result in a straight continuous line. 1.18 PROTECTION OF SURFACE: Concrete surfaces such as concrete curb & gutter sections, triangular sections, and cross gutters shall be kept clean from bituminous material so that aggregate does not build up and block drainage. The Contractor shall clean any concrete surface as required by the Public Works Department. Sections of the streets shall be closed to traffic before the bituminous material is applied on the surface and no traffic shall be permitted on the sealed road surface until after all rolling has been completed and the bituminous material set to a degree satisfactory to the Public Works Department personnel and the material will not pick up on vehicle tires. All required flagmen, barricades, warning signs, traffic cones, and other traffic control devices will be the responsibility of the Contractor for the proper execution of the work. These traffic control devices shall be placed so as to effectively restrict traffic flow on the streets being surfaced. At the preconstruction conference, the Contractor shall provide the Public Works Department with a plan indicating the devices and procedures to be utilized to protect the surface during bituminous cure. The Public Works Department may recommend changes to the plan and these changes shall be incorporated into the plan at no additional cost to the City. 1.19 UNIFORM SURFACE APPEARANCE: All areas to be seal coated shall have a uniform aggregate cover base on the specified application rate. This includes street intersection radius areas and any other special areas which may require special application procedures. When complete, there should be no flushing and/or bleeding at the surface and the finished sealcoat should have a uniform surface appearance. 1.20 SWEEPING AND DISPOSAL OF EXCESS AGGREGATE: Sweeping and re -sweeping will be done as directed by the Public Works Director and discussed at the pre -con meeting. 1.21 APPLICATION OF BLOTTING MATERIAL: The Contractor shall apply sand blotting material where bleeding is detected as directed by Public Works Director. There shall be no additional compensation for time or materials for blotting streets that bleed through. 1.22 METHOD OF MEASUREMENT AND PAYMENT: The unit price, on the basis of gallons for bituminous material and square yards for aggregate material, shall include the cost of all materials, equipment used, and other necessary work related to this project. The unit price, on the basis of gallons or square yards, shall include installation of bituminous material and aggregate material applied at the specified application rates. Measurement of square yard area of each street shall be done centerline to centerline. Radiuses at intersections are incidental. All other work shall be considered incidental to the project. The volume of bituminous material (gallons) will be established by bills of lading of delivery tankers and by measurement of distribution trucks when necessary. Payments (two) for this project shall be as follows (supersedes GC 24). At Certified Substantial Completion - 95% At Certified Final Completion - Remaining 5% Payments will be processed in the next available accounts payable cycle after certification. Final payment requires Contractor submissions - see Page 4. Contractor will submit a separate itemized invoice to the City of Medina for the work performed. The City shall pay invoiced amounts directly to the Contractor. 1.23 QUANTITY ADJUSTMENTS: The City reserves the right to add or delete streets; adjusting quantities respectively, to equal a dollar amount budgeted for this type of street maintenance. Twenty-five percent (25%) shall be the maximum adjustment without possible adjustment to bid unit price. 1.24 LIQUIDATED DAMAGES: The Contractor guarantees that he/she can and will complete the work within the time limit stated in Contract Documents, or within the time as extended provided elsewhere in the Contract Documents. Inasmuch as the damage and loss to the City which will result from the failure of the Contractor to complete the work within the stipulated time will be most difficult or impossible of accurate assessment, the damage to the Owners for such delay shall be liquidated at a daily rate of $300.00 for each calendar day, Sundays and holidays included, beyond the completion date as originally determined or as extended. The liquidated damages shall not be considered a penalty. The City has the right to deduct and retain out of any money due, or to become due to the Contractor, the amount of liquidated damages accrued, and in case those amounts are less than the amount of liquidated damages, the Contractor shall pay the difference upon demand. The City shall not be deemed to have forfeited or waived its right to liquidated damages by permitting the Contractor to continue work on the project beyond the completion date, nor by assuming control of the Contractor's obligations and completing the project as provided for in this contract, nor by terminating this contract as provided herein. 1.25 EMERGENCY RESPONSE: During the contract period it may be necessary to have contracted work done on an emergency basis. The City shall have the right to require the Contractor, upon 24 hours notice (verbal or written), to respond to such request. In case of failure to perform the work, the City shall have the right to have other non -contractual forces complete requested work. All costs in excess of unit price bid shall be deducted from the Contractor's final payment. 1.26 SAMPLING AND TESTING: All bidders shall furnish certification that materials furnished meet specification for both asphalt and aggregates. Said certifications shall be by an approved testing laboratory. The City reserves the right to make any further tests deemed necessary to insure work meets the required specification. Said tests are to be made at the Contractor's expense. 1.27 CONFLICT BETWEEN UNIT PRICES AND EXTENDED AMOUNT: In the event of a conflict between the unit price written in a proposal and the product of that unit and the proposal quantity, the unit price will govern. Similarly, in the case of a conflict between a written incorrect total bid amount, the correct total will govern. 1.28 GUARANTEE: As noted in the General Conditions, the Contractor shall guarantee the work for a period of one year from the date of final acceptance. Unless otherwise approved by the City Public Works Director, warranty repair work for the sealcoat portion of the project shall be completed in full lane widths. Work shall be completed such that segments less than 100' in length shall be continuously covered until all areas requiring warranty work have been covered. MEDINA Agenda Item # 5C 2052 County Road 24, Medina, MN 55340-9790 ADMINISTRATION I PLANNING & ZONING j PUBLIC WORKS p:763-473-4643 f:763-473-9359 e: city@ci.medina.mn.us PUBLIC SAFETY p:763-473-9209 f: 763-473-8858 August 4, 2016 Homeowners of Phillips Woodland Terrace Re: First Amended and Restated Declaration of Covenants, Conditions, Restrictions and Maintenance Agreement for a Private Road (the "Amended Declaration") Ladies and Gentlemen: We understand that certain properties within Phillips Woodland Terrace are subject to a Declaration of Covenants, Conditions, Restrictions and Maintenance Agreement for a Private Road, dated May 1, 1986, recorded in the office of the Hennepin County Recorder on July 29, 1986 as Document Number No. 5135659 (the "Original Declaration"). The Original Declaration included certain provisions for the benefit of the City of Medina (the "City"), and provided that any amendment to the Original Declaration required the approval of the City. We have been provided with a copy of the First Amended and Restated Declaration of Covenants, Conditions, Restrictions and Maintenance Agreement for a Private Road (the "Amended Declaration"), which amends, restates and replaces the Original Declaration. As evidenced by the authorized signature below, the City approves of and consents to the Amended Declaration. Sincerely, CITY OF MEDINA By: Mayor City Administrator STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 2016, by Bob Mitchell and Scott T. Johnson, the Mayor and City Administrator of the City of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public www.ci.medina.mn.us [THIS DECLARATION RESTRICTS THE SALE AND TRANSFER OF EACH OF THE PROPERTIES IDENTIFIED HEREIN.] FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND MAINTENANCE AGREEMENT FOR A PRIVATE ROAD THIS FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND MAINTENANCE AGREEMENT FOR A PRIVATE ROAD (this "Amended Declaration"), dated effective August _, 2016, is an amendment to and complete restatement of that certain Declaration Of Covenants, Conditions, Restrictions And Maintenance Agreement For A Private Road dated May 1, 1986 and recorded in the office of the Hennepin County Recorder on July 29, 1986 as Document Number No. 5135659 (the "Original Declaration"). WHEREAS, the persons named below are the current Owners (as defined below) of the Residence Lots (as also defined below) listed after their names. Jessica M. Swearingen and Lance L. Swearingen Edward J. Dau and Michelle S. Dau Dwight T. Seward. Jr. Revocable Trust, dated December 6, 2004, as amended, Dwight T. Seward, Jr., Trustee Mitchell N. Palmer and Jennifer A. Palmer Lot 1, Block 1, Phillips Woodland Terrace, Hennepin County Lot 2, Block 1, Phillips Woodland Terrace, Hennepin County Lot 5, Block 1, Phillips Woodland Terrace, Hennepin County Lot 6, Block 1, Phillips Woodland Terrace, Hennepin County 1 Alan C. Crain and Linda J. Crain Jil L. Lundell Family Trust, dated May 14, 2008, Steven P. Lundell, Trustee Bruce A. Machmeier and Linda S. Machmeier and Lot 7, Block 1, Phillips Woodland Terrace, Hennepin County Lot 8, Block 1, Phillips Woodland Terrace, Hennepin County Lot 9, Block 1, Phillips Woodland Terrace, Hennepin County; WHEREAS, the Owners are also the owners as tenants in common of Outlots B and C, Phillips Woodland Terrace, Hennepin County, which Outlots constitute the Private Road (as more fully described and defined below), with an undivided 1/7 interest in the Private Road allocated to each of the seven Residence Lots (and with each of said undivided 1/7 interests sometimes hereinafter referred to as a "Road Interest"); and WHEREAS, the Original Declaration requires that any amendment to such Original Declaration be approved by Owners of at least five (5) of the Residence Lots and the cities of Medina and Orono, which approvals of the Owners are evidenced by their signatures to this Amended Declaration and which approvals by the cities of Medina and Orono are attached hereto as Exhibit A; NOW, THEREFORE, the Owners hereby declare that the Properties and the Road Interests shall be held, sold, and conveyed subject to the following easements, covenants, conditions, agreements and restrictions which are for the purpose of providing ingress to and egress from the Residence Lots to public streets over the Private Road, and which shall run with the land and be binding on all parties having any right, title or interest in the land so described, or any part thereof, their heirs, successors and assigns, and which shall inure to the benefit of each Owner thereof. ARTICLE I --DEFINITIONS 1. Owner. One or more persons or entities, holding a fee simple interest in a Residence Lot, or holding the vendee's interest in a contract for deed on a Residence Lot, which interest has been recorded in the office of the County Recorder, Hennepin County. 2. Private Road. The right-of-way serving the Residence Lots for the purpose of ingress and egress and which is legally described as Outlots B and C, Phillips Woodland Terrace, including the grade, base, surface, ditches, culverts, and other elements and appurtenances which create a driving surface upon the Private Road, which is suitable for pedestrian and vehicular traffic. 2 3. Residence Lot. Each of the seven (7) lots within the Properties and approved by the cities of Medina and Orono, and which contains no more than one Dwelling Unit as defined in the Zoning Codes. 4. Properties. Lots 1, 2, 5, 6, 7, 8 and 9, Block 1, all in Phillips Woodland Terrace, Hennepin County, Minnesota. ARTICLE II --PRIVATE ROAD RIGHTS 1. Use of Private Road. Each Residence Lot shall have the right to use the Private Road for pedestrian and vehicular ingress to and egress from said Residence Lot to the publicly dedicated right-of-way at the end of the Private Road (currently Hennepin County Road 6) (the "Permitted Road Use"). 2. Delegation of Use. An Owner may delegate the right to said Permitted Road Use to family members, tenants, guests and invitees. 3. Restrictions on Use. No Owner shall use the Private Road other than for the Permitted Road Use or otherwise as permitted by this Article II. Without limiting the generality of the foregoing, no Owner shall obstruct or interfere with the right or privileges of the other Owners in the Private Road nor shall any Owner alter, construct, remove or obstruct the Private Road. Upon any violation of this section, any Owner shall have the right to restore the Private Road to its prior condition and cause the costs thereof to be assessed against the Owner violating this section. The costs, including reasonable attorneys' fees, incurred by any Owner in protecting vested rights by an action at law or in equity against another Owner shall be recoverable in said action. 4. Restrictions on Transfer. The Road Interest allocated to each Residence Lot shall be appurtenant to and a part of said Residence Lot. Any transfer of any fee title interest in any Residence Lot or any contract for deed vendee's interest in any Residence Lot shall transfer with it the Road Interest appurtenant to such Residence Lot. No Residence Lot may be transferred separately from the Road Interest appurtenant to such Residence Lot, and no Road Interest appurtenant to any Residence Lot may be transferred separately from such Residence Lot. ARTICLE III --COVENANTS FOR MAINTENANCE AND REPAIR 1. Maintenance and Repair. The Owners hereby agree to maintain and repair the Private Road and acknowledge that the Cities of Medina and Orono have no obligation to construct, reconstruct, maintain and repair the said Private Road, and that the Cities of Medina and Orono do not intend to acquire or open said Private Road as a public roadway. 2. Payment of Costs. The Owners hereby assume and agree to pay an equal share, for each Residence Lot, of the costs of maintenance and repair of the Private Road and of all real estate taxes assessed against the Private Road. Such maintenance and repair shall be equal to or better than the standards set forth in the Specifications For Private Roads adopted by the City Councils of the Cities of Medina and Orono and as may be required from time to time by the ordinances of the Cities of Medina and Orono for Private Roads. 3 3. Lien and Obligation for Assessments. The Owner of each Residence Lot hereby covenants, and each Owner of each Residence Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed or other conveyance, is deemed to covenant and agree to pay assessments established by the Owners with respect to each Residence Lot, together with interest, court costs and reasonable attorneys' fees required for collection thereof, which assessment shall be a charge on that Residence Lot and shall be a continuing lien upon that Residence Lot. Each assessment, as described above, shall also be the personal obligation of the Owner of the said Residence Lot when the assessment fell due. The personal obligation for delinquent assessments shall not pass to an Owner's successors in title unless expressly assumed by such successor. Such assessments shall be for the exclusive purpose of the maintenance and repair of the Private Road and for the payment of all real estate taxes assessed against the Private Road. 4. Payment of Costs. Each Owner's share of such assessments shall be due and payable thirty (30) days after notice thereof by the person or entity rendering an account for the costs of such maintenance and repair. The assessment shall bear interest at the rate of eight percent (8%) from the due date to the date of payment. Any Owner may bring an action, on behalf of himself and all non -defaulting Owners, to collect a defaulting Owner's assessment which has not been paid when due, and shall be entitled to recover reasonable attorneys' fees together with all necessary costs and disbursements incurred in connection therewith. 5. Approval of Plans. The plans, specifications, and the awarding of contracts for the maintenance and repair of the Private Road shall be approved in writing by the Owners of no less than three (3) of the Residence Lots. No Owner may be exempt from the assessment by waiving the use or enjoyment of the Private Road or by abandonment of said Owner's Residence Lot or Road Interest. Plans and specifications for maintenance and repair shall be in accordance with Specifications for Private Roads approved by the Cities of Medina and Orono. 6. Drainage Tile Maintenance and Repair. Owners of Lots 1, 2, and 3 will be responsible to maintain and repair that portion of the underground drainage tile that intersects their properties. ARTICLE IV --RIGHTS OF THE CITIES OF MEDINA AND ORONO 1. Right of Repair. In the event that the Owners fail to maintain and repair the Private Road in accordance with the standards provided herein, it is agreed by all Owners that the Cities of Medina and Orono may, at their discretion and option, undertake the maintenance and repair of the Private Road and that any such action taken by the Cities of Medina and Orono will not result in the establishment of a public roadway. The Owners further covenant and agree that the costs incurred under this paragraph shall be divided among and paid by the Owners in accordance with the formula set out in Paragraphs 2, 3, and 4 of the preceding Article III. In the event that any Owner shall default in such payment, the Cities of Medina and Orono may, at its option, assess the said costs against the appropriate Residence Lot, and certify said assessment to the County Auditor and collect the same in a single payment as in the case of special assessments for Public Improvements. 2. Conveyance of Easements. The Owners hereby convey to the Cities of Medina and Orono, an easement for ingress, egress, maintenance and repair over the Private Road to perform 4 police calls, fire calls, rescue and other emergency calls, inspection, animal control, street maintenance and repair, street construction and reconstruction, snow removal, provisions for adequate surface drainage, sanitary sewer, storm sewer, water mains, and other utilities, weed control, Dutch elm control, installation of cable television, or other public services deemed necessary by the City Council. The cost of any such work performed pursuant to this section shall be assessed against the Residence Lots pursuant to Paragraph 1 of this Article IV. The Cities of Medina and Orono do not undertake to perform any of the work outlined in this paragraph but reserve the option to so perform. ARTICLE V--MISCELLANEOUS PROVISIONS 1. Subordination of the Lien to Mortgages. The lien of any assessment provided for herein shall be subordinate to the lien of any first mortgage. 2. Restrictions on the Number of Users. No more than seven (7) Residence Lots may be served by the Private Road, and Building Permits will be issued for no more than seven (7) Dwelling Units using the Private Road. 3. Duration. The covenants, conditions and restrictions of this Amended Declaration shall run with the land and shall be binding on all persons claiming ownership thereunder unless an instrument signed by the Owners of not less than five (5) of the Residence Lots, and approved by the Cities of Medina and Orono agreeing to change said Covenants, conditions and restrictions, in whole or in part, have been recorded. Amendments to this Amended Declaration also require the approval of five (5) of the Owners and the Cities of Medina and Orono. 4. Original Declaration. Upon its execution and filing, this Amended Declaration shall be deemed to amend, restate and replace the Original Declaration. As required by the Original Declaration, this Amended Declaration has been approved by at least five (5) of the Owners, as evidenced by the signatures at the end of this document, and has been approved by the cities of Medina and Orono, written consents from which are attached as Exhibit A to this Amended Declaration. [Remainder of this page intentionally left blank. Signature pages to follow] 5 IN WITNESS WHEREOF, the parties hereto have executed this Amended Declaration effective the day and year first written above. OWNERS: BRUCE A. MACHMEIER LINDA S. MACHMEIER STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Signed, sworn to, and acknowledged before me by Bruce A. Machmeier and Linda S. Machmeier, spouses married to each other, this day of August, 2016. Notary Public 6 IN WITNESS WHEREOF, the parties hereto have executed this Amended Declaration effective the day and year first written above. OWNER: Dwight T. Seward. Jr. Revocable Trust, dated December 6, 2004, as amended DWIGHT T. SEWARD, JR. Trustee STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Signed, sworn to, and acknowledged before me by Dwight T. Seward, Jr., as Trustee of the Dwight T. Seward. Jr. Revocable Trust, dated December 6, 2004, as amended, this day of August, 2016. Notary Public 7 IN WITNESS WHEREOF, the parties hereto have executed this Amended Declaration effective the day and year first written above. OWNER: Jil L. Lundell Family Trust, dated May 14, 2008 By STEVEN P. LUNDELL, Trustee STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Signed, sworn to, and acknowledged before me by Steven P. Lundell, as Trustee of the Jil L. Lundell Family Trust, dated May 14, 2008, this day of August, 2016. Notary Public 8 IN WITNESS WHEREOF, the parties hereto have executed this Amended Declaration effective the day and year first written above. OWNERS: EDWARD J. DAU MICHELLE S. DAU STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Signed, sworn to, and acknowledged before me by Edward J. Dau and Michelle S. Dau, spouses married to each other, this day of August, 2016. Notary Public 9 IN WITNESS WHEREOF, the parties hereto have executed this Amended Declaration effective the day and year first written above. OWNERS: ALAN C. CRAIN LINDA J. CRAIN STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Signed, sworn to, and acknowledged before me by Alan C. Crain and Linda J. Crain, spouses married to each other, this day of August, 2016. Notary Public 10 IN WITNESS WHEREOF, the parties hereto have executed this Amended Declaration effective the day and year first written above. OWNERS: JESSICA M. SWEARINGEN LANCE L. SWEARINGEN STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Signed, sworn to, and acknowledged before me by Jessica M. Swearingen and Lance L. Swearingen, spouses married to each other, this day of August, 2016. Notary Public 11 IN WITNESS WHEREOF, the parties hereto have executed this Amended Declaration effective the day and year first written above. OWNERS: MITCHELL N. PALMER JENNIFER A. PALMER STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Signed, sworn to, and acknowledged before me by Mitchell N. Palmer and Jennifer A. Palmer, spouses married to each other, this day of August, 2016. Notary Public 12 Exhibit A Consents of Cities of Medina and Orono 13 Agenda Item # 7A Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2016-XX RECOGNIZING POLICE CHIEF ED BELLAND FOR TWENTY-FIVE YEARS OF SERVICE TO THE CITY OF MEDINA WHEREAS, Ed Belland has been a valued full time City of Medina employee in the Police Department of the City since August 5, 1991; and WHEREAS, Belland has served as a licensed peace officer at the City of Medina for twenty-five years; and WHEREAS, Belland served six years as a Patrol Officer; and WHEREAS, Belland has been the Public Safety Director/Police Chief for the last nineteen years; and WHEREAS, Belland implemented a 24-hour/7 days a week department; and WHEREAS, Belland created the Police Sergeant and Police Investigator positions; and WHEREAS, Belland was involved in establishing the West Metro Drug Task Force and chaired the task force in 2013-14; and WHEREAS, Belland has served as the City of Medina Emergency Manager for the last nineteen years: and WHEREAS, Belland was instrumental in the establishment of the Lake Area Emergency Management Group for the City of Medina; and WHEREAS, Belland showed strong leadership and vision throughout the planning and construction of the Police Facility at 600 Clydesdale Trail in 2013; and WHEREAS, Belland attended and graduated from the FBI Academy during the winter of 2013; and WHEREAS, Belland received the Leadership Award from the League of Minnesota Cities in 2015, he is the first law enforcement professional in the State to receive this award from the League of Minnesota Cities; and WHEREAS, Belland brings selfless leadership, professionalism, a great attitude and work ethic to the job daily; and WHEREAS, the City of Medina expresses sincere gratitude for Ed's dedication and continued service to the Medina community. Resolution No. 2016-XX August 3, 2016 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Medina acknowledges and thanks Ed Belland for twenty-five years of service to the community. Dated: August 3, 2016. Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2016-XX 2 August 3, 2016 Agenda Item # 7B Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2016- RECOGNIZING PATROL OFFICER KEVIN BOECKER FOR FIFTEEN YEARS OF SERVICE TO THE CITY OF MEDINA WHEREAS, Officer Kevin Boecker has been a valued full time City of Medina employee in the Police Department of the City since August 1, 2001; and WHEREAS, Kevin has served as a licensed peace officer at the City of Medina for fifteen years; and WHEREAS, Kevin served twelve years as a Patrol Officer; and WHEREAS, Kevin served as our Investigator with the West Metro Drug Task Force for three years; and WHEREAS, Kevin has served as our in-house investigator intermittently as needed, and WHEREAS, Kevin has served as our Use of Force Instructor for the past eleven years; and WHEREAS, Kevin has served as our Taser Instructor for eleven years, and WHEREAS, Kevin has received two life savings awards for his actions on patrol, one where he performed CPR on a truck driver and the man survived making a full recovery. The second for a young lady that dove out of a second story window to commit suicide and Kevin caught her; and WHEREAS, Kevin brings a great attitude, energy, and work ethic to the job daily; and WHEREAS, Kevin has received numerous thank you letters from residents and neighboring departments for his dedicated and professional service; and WHEREAS, the City of Medina expresses sincere gratitude for Kevin's dedication and continued service to the Medina community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Medina acknowledges and thanks Kevin Boecker for fifteen years of service to the community. Dated: August 3, 2016. Resolution No. 2016- August 3, 2016 Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2016- 2 August 3, 2016 Agenda Item # 8A MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: July 27, 2016 MEETING: August 3, 2016 City Council SUBJ: Ordinance Amendment: Temporary Family Healthcare Dwellings Background During the 2016 session, Minnesota passed a new statute related to "Temporary Family Healthcare Dwellings." The law allows and establishes regulations for trailers which may be parked on a property for 6 months (extendable up to a year) to house a family member who is being cared for by a resident of the property. Cities are required to allow these dwellings subject to the requirements in the law unless a city opts -out of the requirement or explicitly adopts its own regulations on the use. Attached is the statute along with a FAQ from the League of Minnesota Cities on the subject. Analysis Staff believes that very few, if any, of these Temporary Family Healthcare Dwellings would be requested even if the city did not opt -out of the law. If any of the dwellings were to be placed on property, staff believes the regulations are stringent enough that there would not be substantial impacts on neighboring properties. The law establishes very specific requirements on the dwellings. Specifically: • The temporary family health care dwelling must be located on property where the caregiver or relative resides. • A temporary family health care dwelling must comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. • The temporary family health care dwelling must be located on the lot so that septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner • A temporary family health care dwelling is limited to one occupant who is a mentally or physically impaired person. The person must be identified in the application. • Only one temporary family health care dwelling is allowed on a lot. • Primarily assembled at a location other than its site of installation; • No more than 300 gross square feet; • Not be attached to a permanent foundation; • Universally designed and meet state -recognized accessibility standards; • provide access to water and electric utilities either by connecting to the utilities that are serving the principal dwelling on the lot or by other comparable means; • Have exterior materials that are compatible in composition, appearance, and durability to the exterior materials used in standard residential construction; Ordinance Amendment Page 1 of 3 August 3, 2016 Temporary Family Healthcare Dwellings City Council Meeting " Have a minimum insulation rating of R-15; " Be able to be installed, removed, and transported by a one -ton pickup truck as defined in section 168.002, subdivision 21b, a truck as defined in section 168.002, subdivision 37, or a truck tractor as defined in section 168.002, subdivision 38; " Be built to either Minnesota Rules, chapter 1360 or 1361, and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.2; and " Be equipped with a backflow check valve. The dwellings are permitted for up to a year (6 months + 6 month extension which can only be denied for violations). The applicant is required to submit to the city a written certification from a doctor that the mentally or physically impaired person requires assistance with two or more instrumental activities of daily living. The law sets a fee of $100 for application for a dwelling, but does allow the City to set its own fee. If the City does not opt out of the requirements of the law, staff would recommend a higher fee to cover the review costs, likely $300+. Staff believes that it is fairly unlikely to see many of these dwellings even if the City does not opt -out for a number of reasons. It is likely that a family which could afford one of these dwellings would have sufficient space in the home to house the family member. Providing one of these dwellings on a smaller lot would be difficult because the dwelling needs to meet setbacks and also be easily accessible. The most likely place to place on a small lot would be in the driveway, but in most cases it would be difficult to meet the front setback. It seems much more likely that these may be requested on larger and rural lots. In these cases, the units will be further from neighboring homes which would mitigate most concerns. The main concerns with the implementation of the law are more administrative. The law only permits the City 5 days to determine if sufficient information has been submitted and requires the City to act within 15 days. The City would need to collect health information which is non- public and would need to establish a process to handle the data. Staff also has some concern related to difficulties getting property owners to remove the dwelling once the allowed timeframe has elapsed. Conclusion The easiest and safest option would appear to be for the City to opt -out of the requirements. It appears that almost every city that has discussed the issue has decided to opt out. Osseo is the only City which has not, although they believe almost no properties are large enough to accommodate a structure. Staff has prepared an ordinance which would do so. The dwellings are, by their nature, temporary in nature. The City could opt -out at a later time if issues arise. However, if the City does not opt -out, it must be prepared to review and issue permits by September 1. Ordinance Amendment Page 2 of 3 August 3, 2016 Temporary Family Healthcare Dwellings City Council Meeting Conclusion The Planning Commission discussed the matter on July 12 and held a Public Hearing on the ordinance which would opt -out. Commissioners did not appear to be overly concerned with the impacts of the temporary dwellings themselves, but did raise some concerns with needing to handle health information and also related to a risk that people will resist removing the units after 6 months or a year. The Planning Commission unanimously recommended adoption of the ordinance by which the City would opt -out of the statute. Potential Action If the City Council determines that it would be best to opt -out of the requirements, the followings action would be in order: Move to adopt the ordinance regarding temporary family healthcare dwelling; opting out of the requirements of Minnesota Statutes, Section 462.3593 Attachments 1) DRAFT ordinance opting out of requirements 2) League of Minnesota Cities FAQ 3) Minnesota Statute 462.3593 4) Excerpt from DRAFT 7/12/2016 Planning Commission minutes 5) Newspaper Articles on subject Ordinance Amendment Page 3 of 3 August 3, 2016 Temporary Family Healthcare Dwellings City Council Meeting CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE REGARDING TEMPORARY FAMILY HEALTHCARE DWELLINGS; OPTING OUT OF THE REQUIREMENTS OF MINNESOTA STATUTES, SECTION 462.3593 The City Council of the City of Medina ordains as follows: SECTION I. Section 828.63 of the code of ordinances of the city of Medina is amended by deleting the -stricken language and adding the underlined language as follows: Section 828.63. fiVele+„a by Or -di , nee No 2954 Temporary Family Healthcare Dwellings — Opt -out Pursuant to Statute. Pursuant to the authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of Medina hereby opts -out of the requirements of Minn. Stat. 062.3593, which defines and regulates Temporary Family Health Care Dwellings. SECTION II. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this day of , 2016. Bob Mitchell, Mayor Attest: Jodi M. Gallup, City Clerk Published in the Crow River News on the day of , 2016. Ordinance No. ### 1 DATE LEAGUE OF MINNESOTA CITIES CONNECTING & INNOVATING SINCE 1913 Temporary Family Health Care Dwellings of 2016 Allowing Temporary Structures — What it means for Cities Introduction: On May 12, 2016, Gov. Dayton signed, into law, a bill creating a new process for landowners to place mobile residential dwellings on their property to serve as a temporary family health care dwelling.1 Community desire to provide transitional housing for those with mental or physical impairments and the increased need for short term care for aging family members served as the catalysts behind the legislature taking on this initiative. The resulting legislation sets forth a short term care alternative for a "mentally or physically impaired person", by allowing them to stay in a "temporary dwelling" on a relative's or caregiver's property.2 Where can I read the new law? Until the state statutes are revised to include bills passed this session, cities can find this new bill at 2016 Laws, Chapter 111. Does the law require cities to follow and implement the new temporary family health care dwelling law? Yes, unless a city opts out of the new law or currently allows temporary family health care dwellings as a permitted use. Considerations for cities regarding the opt -out? These new temporary dwellings address an emerging community need to provide more convenient temporary care. When analyzing whether or not to opt out, cities may want to consider that: • The new law alters a city's level of zoning authority for these types of structures. • While the city's zoning ordinances for accessories or recreational vehicles do not apply, these structures still must comply with setback requirements. • A city's zoning and other ordinances, other than its accessory use or recreational vehicle ordinances, still apply to these structures. Because conflicts may arise between the statute and a city's local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. ' 2016 Laws, Chapter 111. 2 Some cities asked if other states have adopted this type of law. The only states that have a somewhat similar statute at the time of publication of this FAQ are North Carolina and Virginia. It is worth noting that some states have adopted Accessory Dwelling Unit (ADU) statutes to allow granny flats, however, these ADU statutes differ from Minnesota's Temporary Health Care Dwelling law. 145 UNIVERSITY AVE. WEST ST. PAUL, MN 55103-2044 PHONE: (651) 281-1200 FAX: (651) 281-1299 TOLL FREE: (800) 925-1122 WEB: WWWLMC.ORG Temporary Family HealthCare Dwellings June 27, 2016 Page 2 • Although not necessarily a legal issue for the city, it seems worth mentioning that the permit process does not have the individual with the physical or mental impairment or that individual's power of attorney sign the permit application or a consent to release his or her data. • The application's data requirements may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. • The new law sets forth a permitting system for both cities and counties3. Cities should consider whether there is an interplay between these two statutes. Do cities need to do anything to have the new law apply in their city? No, the law goes into effect Sept. 1, 2016 and automatically applies to all cities that do not opt out or don't already allow temporary family health care dwellings as a permitted use under their local ordinances. Do cities lose the option to opt out after the Sept. 1, 2016 effective date? No, the law does not set a deadline for opting out, so cities can opt out after Sept. 1, 2016. However, if the city has not opted out by Sept. 1, 2016, then the city must not only have determined a permit fee amount4 before that date (if the city wants to have an amount different than the law's default amount), but also must be ready on that date to accept applications and process the permits in accordance with the short timeline required by the law. Cities should consult their city attorney to analyze how to handle applications submitted after Sept. 1, 2016, but still pending at the time of a later opt out. What if a city already allows a temporary family health care dwelling as a permitted use? If the city already has designated temporary family health care dwellings as a permitted use, then the law does not apply and the city follows its own ordinance. The city should consult its city attorney for any uncertainty about whether structures currently permitted under existing ordinances qualify as temporary family health care dwellings. What process should the city follow if it chooses to opt out of this statute? Cities that wish to opt out of this law must pass an ordinance to do so. The statute does not provide clear guidance on how to treat this opt -out ordinance However, since the new law adds section 462.3593 to the land use planning act (Minn. Stat. ch. 462), arguably, it may represent the adoption or an amendment of a zoning ordinance, triggering the requirements of Minn. Stat. § 462.357, subd. 2-4, including a public hearing with 10-day published notice. Therefore, cities may want to err on the side of caution and treat the opt -out ordinance as a zoning provision.5 3 See Minn. Stat. §394.307 4 Cities do have flexibility as to amounts of the permit fee. The law sets, as a default, a fee of $100 for the initial permit with a $50 renewal fee, but authorizes a city to provide otherwise by ordinance. 5 For smaller communities without zoning at all, those cities still need to adopt an opt -out ordinance. In those instances, it seems less likely that the opt -out ordinance would equate to zoning. Because of the ambiguity of the Temporary Family HealthCare Dwellings June 27, 2016 Page 3 Does the League have a model ordinance for opting out of this program? Yes. Link to opt out ordinance here: Temporary Family Health Care Dwellings Ordinance Can cities partially opt out of the temporary family health care dwelling law? Not likely. The opt -out language of the statute allows a city, by ordinance, to opt out of the requirements of the law but makes no reference to opting out of parts of the law. If a city wanted a program different from the one specified in statute, the most conservative approach would be to opt out of the statute, then adopt an ordinance structured in the manner best suited to the city. Since the law does not explicitly provide for a partial opt out, cites wanting to just partially opt out from the statute should consult their city attorney. Can a city adopt pieces of this program or change the requirements listed in the statute? Similar to the answer about partially opting out, the law does not specifically authorize a city to alter the statutory requirements or adopt only just pieces of the statute. Several cities have asked if they could add additional criteria, like regulating placement on driveways, specific lot size limits, or anchoring requirements. As mentioned above, if a city wants a program different from the one specified in the statute, the most conservative approach would involve opting out of the statute in its entirety and then adopting an ordinance structured in the manner best suited to the city. Again, a city should consult its city attorney when considering adopting an altered version of the state law. What is required in an application for a temporary family health care dwelling permit? The mandatory application requests very specific information including, but not limited to:6 • Name, address, and telephone number of the property owner, the resident of the property (if different than the owner), and the primary care giver; • Name of the mentally or physically impaired person; • Proof of care from a provider network, including respite care, primary care or remote monitoring; • Written certification signed by a Minnesota licensed physician, physician assistant or advanced practice registered nurse that the individual with the mental or physical impairment needs assistance performing two or more "instrumental activities of daily life;"' statute, cities should consult their city attorneys on how best to approach adoption of the opt -out ordinance for their communities. 6 New Minn. Stat. § 462.3593, subd. 3 sets forth all the application criteria. 7 This is a term defined in law at Minn. Stat. § 256B.0659, subd. 1(i) as "activities to include meal planning and preparation; basic assistance with paying bills; shopping for food, clothing, and other essential items; performing household tasks integral to the personal care assistance services; communication by telephone and other media; and traveling, including to medical appointments and to participate in the community." Temporary Family HealthCare Dwellings June 27, 2016 Page 4 • An executed contract for septic sewer management or other proof of adequate septic sewer management; • An affidavit that the applicant provided notice to adjacent property owners and residents; • A general site map showing the location of the temporary dwelling and the other structures on the lot; and • Compliance with setbacks and maximum floor area requirements of primary structure. The law requires all of the following to sign the application: the primary caregiver, the owner of the property (on which the temporary dwelling will be located) and the resident of the property (if not the same as the property owner). However, neither the physically disabled or mentally impaired individual nor his or her power of attorney signs the application. Who can host a temporary family health care dwelling? Placement of a temporary family health care dwelling can only be on the property where a "caregiver" or "relative" resides. The statute defines caregiver as "an individual, 18 years of age or older, who: (1) provides care for a mentally or physically impaired person; and (2) is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring." The definition of "relative" includes "a spouse, parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew or niece of the mentally or physically impaired person. Relative also includes half, step and in-law relationships." Is this program just for the elderly? No. The legislature did not include an age requirement for the mentally or physically impaired dweller. 8 Who can live in a temporary family health care dwelling and for how long? The permit for a temporary health care dwelling must name the person eligible to reside in the unit. The law requires the person residing in the dwelling to qualify as "mentally or physically impaired," defined as "a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified by a physician, a physician assistant, or an advanced practice registered nurse, licenses to practice in this state." The law specifically limits the time frame for these temporary dwellings permits to 6 months, with a one-time 6 month renewal option. Further, there can be only one dwelling per lot and only one dweller who resides within the temporary dwelling 8 The law expressly exempts a temporary family health care dwelling from being considered "housing with services establishment', which, in turn, results in the 55 or older age restriction set forth for "housing with services establishment' not applying. Temporary Family HealthCare Dwellings June 27, 2016 Page 5 What structures qualify as temporary family health care dwellings under the new law? The specific structural requirements set forth in the law preclude using pop up campers on the driveway or the "granny flat" with its own foundation as a temporary structure. Qualifying temporary structures must: • Primarily be pre -assembled; • Cannot exceed 300 gross square feet; • Cannot attach to a permanent foundation; • Must be universally designed and meet state accessibility standards; • Must provide access to water and electrical utilities (by connecting to principal dwelling or by other comparable means9); • Must have compatible standard residential construction exterior materials; • Must have minimum insulation of R-15; • Must be portable (as defined by statute); • Must comply with Minnesota Rules chapter 1360 (prefabricated buildings) or 1361 (industrialized/modular buildings), "and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.2"10; and • Must contain a backflow check valve." Does the State Building Code apply to the construction of a temporary family health care dwelling? Mostly, no. These structures must meet accessibility standards (which are in the State Building Code). The primary types of dwellings proposed fall within the classification of recreational vehicles, to which the State Building Code does not apply. Two other options exist, however, for these types of dwellings. If these structures represent a pre -fabricated home, the federal building code requirements for manufactured homes apply (as stated in Minnesota Rules, Chapter 1360). If these structures are modular homes, on the other hand, they must be constructed consistent with the State Building Code (as stated in Minnesota Rules, Chapter 1361). What health, safety and welfare requirements does this new law include? Aside from the construction requirements of the unit, the temporary family health care dwelling must be located in an area on the property where "septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner " What local ordinances and zoning apply to a temporary health care dwelling? The new law states that ordinances related to accessory uses and recreational vehicle storage and parking do not apply to these temporary family health care dwellings. 9 The Legislature did not provide guidance on what represents "other comparable means". 10 ANSI Code 119.2 has been superseded by NFPA 1192. For more information, the American National Standards Institute website is located at https://www.ansi.org/. "New Minn. Stat. § 462.3593, subd. 2 sets forth all the structure criteria. Temporary Family HealthCare Dwellings June 27, 2016 Page 6 However, unless otherwise provided, setbacks and other local ordinances, charter provisions, and applicable state laws still apply. Because conflicts may arise between the statute and one or more of the city's other local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. What permit process should cities follow for these permits? The law creates a new type of expedited permit process. The permit approval process found in Minn. Stat. § 15.99 generally applies; however, the new law shortens the time frame within which the local governmental unit can make a decision on the permit. Due to the time sensitive nature of issuing a temporary dwelling permit, the city does not have to hold a public hearing on the application and has only 15 days (rather than 60 days) to either issue or deny a permit. For those councils that regularly meet only once a month, the law provides for a 30-day decision. The law specifically prohibits cities from extending the time for making a decision on the permit application. The new law allows the clock to restart if a city deems an application incomplete, but the city must provide the applicant written notice within five business days of receipt of the application identifying the missing information. Can cities collect fees for these permits? Cities have flexibility as to amounts of the permit fee. The law sets the fee at $100 for the initial permit with a $50 renewal fee, unless a city provides otherwise by ordinance Can cities inspect, enforce and ultimately revoke these permits? Yes, but only if the permit holder violates the requirements of the law. The statute allows for the city to require the permit holder to provide evidence of compliance and also authorizes the city to inspect the temporary dwelling at times convenient to the caregiver to determine compliance. The permit holder then has sixty (60) days from the date of revocation to remove the temporary family health care dwelling. The law does not address appeals of a revocation. How should cities handle data it acquires from these permits? The application data may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. To minimize collection of protected heath data or other nonpublic data, the city could, for example, request that the required certification of need simply state "that the person who will reside in the temporary family health care dwelling needs assistance with two or more instrumental activities of daily living", without including in that certification data or information about the specific reasons for the assistance, the types of assistance, the medical conditions or the treatment plans of the person with the mental illness or physical disability. Because of the complexities surrounding nonpublic data, cities should consult their city attorneys when drafting a permit application. Should the city consult its city attorney? Yes. As with any new law, to determine the potential impact on cities, the League recommends consulting with your city attorney. Temporary Family HealthCare Dwellings June 27, 2016 Page 7 Where can cities get additional information or ask other questions. For more information, contact Staff Attorney Pamela Whitmore at pwhitmore@lmc.org or LMC General Counsel Tom Grundhoefer at tgrundho(&,,lmc.org. If you prefer calling, you can reach Pamela at 651.281.1224 or Tom at 651.281.1266. Chapter 111 - Minnesota Session Laws Page 4 of 6 Subd. 7. Fee. Unless otherwise specified by an action of the county board, the county may charge a fee of up to $100 for the initial permit and up to $50 for a renewal of the permit. Subd. 8. No public hearing required; application of section 15.99. (a) Due to the time -sensitive nature of issuing a temporary dwelling permit for a temporary family health care dwelling, the county does not have to hold a public hearing on the application. (b) The procedures governing the time limit for deciding an application for the temporary dwelling permit under this section are governed by section 15.99, except as provided in this section. The county has 15 days to issue a permit requested under this section or to deny it, except that if the county board holds regular meetings only once per calendar month the county has 30 days to issue a permit requested under this section or to deny it. If the county receives a written request that does not contain all required information, the applicable 15-day or 30-day limit starts over only if the county sends written notice within five business days of receipt of the request telling the requester what information is missing. The county cannot extend the period of time to decide. Subd. 9. Opt -out. A county may by resolution opt -out of the requirements of this section. Sec. 3. 1462.35931 TEMPORARY FAMILY HEALTH CARE DWELLINGS. Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given. (b) "Caregiver" means an individual 18 years of age or older who: (1) provides care for a mentally or physically impaired person; and (2) is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring. (c) "Instrumental activities of daily living" has the meaning given in section 256B.0659, subdivision 1, paragraph (i). (d) "Mentally or physically impaired person" means a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified in writing by a physician, a physician assistant, or an advanced practice registered nurse licensed to practice in this state. (e) "Relative" means a spouse, parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew, or niece of the mentally or physically impaired person. Relative includes half, step, and in-law relationships. (f) "Temporary family health care dwelling" means a mobile residential dwelling providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that meets the requirements of subdivision 2. Subd. 2. Temporary family health care dwelling. A temporary family health care dwelling must: (1) be primarily assembled at a location other than its site of installation; (2) be no more than 300 gross square feet; (3) not be attached to a permanent foundation; (4) be universally designed and meet state -recognized accessibility standards; (5) provide access to water and electric utilities either by connecting to the utilities that are serving the principal dwelling on the lot or by other comparable means; https://www.revisor.mn.gov/laws/?year=2016&type=0&doctype=Chapter&id=111 7/1/2016 Chapter 111 - Minnesota Session Laws Page 5 of 6 (6) have exterior materials that are compatible in composition, appearance, and durability to the exterior materials used in standard residential construction; (7) have a minimum insulation rating of R-15; (8) be able to be installed, removed, and transported by a one -ton pickup truck as defined in section 168.002, subdivision 21b, a truck as defined in section 168.002, subdivision 37, or a truck tractor as defined in section 168.002, subdivision 38; (9) be built to either Minnesota Rules, chapter 1360 or 1361, and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.2; and (10) be equipped with a backflow check valve. Subd. 3. Temporary dwelling permit; application. (a) Unless the municipality has designated temporary family health care dwellings as permitted uses, a temporary family health care dwelling is subject to the provisions in this section. A temporary family health care dwelling that meets the requirements of this section cannot be prohibited by a local ordinance that regulates accessory uses or recreational vehicle parking or storage. (b) The caregiver or relative must apply for a temporary dwelling permit from the municipality. The permit application must be signed by the primary caregiver, the owner of the property on which the temporary family health care dwelling will be located, and the resident of the property if the property owner does not reside on the property, and include: (1) the name, address, and telephone number of the property owner, the resident of the property if different from the owner, and the primary caregiver responsible for the care of the mentally or physically impaired person; and the name of the mentally or physically impaired person who will live in the temporary family health care dwelling; (2) proof of the provider network from which the mentally or physically impaired person may receive respite care, primary care, or remote patient monitoring services. (3) a written certification that the mentally or physically impaired person requires assistance with two or more instrumental activities of daily living signed by a physician, a physician assistant, or an advanced practice registered nurse licensed to practice in this state; (4) an executed contract for septic service management or other proof of adequate septic service management; (5) an affidavit that the applicant has provided notice to adjacent property owners and residents of the application for the temporary dwelling permit; and (6) a general site map to show the location of the temporary family health care dwelling and other structures on the lot. (c) The temporary family health care dwelling must be located on property where the caregiver or relative resides. A temporary family health care dwelling must comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. The temporary family health care dwelling must be located on the lot so that septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner (d) A temporary family health care dwelling is limited to one occupant who is a mentally or physically impaired person. The person must be identified in the application. Only one temporary family health care dwelling is allowed on a lot. https://www.revisor.mn.gov/laws/?year=2016&type=0&doctype=Chapter&id=111 7/1/2016 Chapter 111 - Minnesota Session Laws Page 6 of 6 (e) Unless otherwise provided, a temporary family health care dwelling installed under this section must comply with all applicable state law, local ordinances, and charter provisions. Subd. 4. Initial permit term; renewal. The initial temporary dwelling permit is valid for six months. The applicant may renew the permit once for an additional six months. Subd. 5. Inspection. The municipality may require that the permit holder provide evidence of compliance with this section as long as the temporary family health care dwelling remains on the property. The municipality may inspect the temporary family health care dwelling at reasonable times convenient to the caregiver to determine if the temporary family health care dwelling is occupied and meets the requirements of this section. Subd. 6. Revocation of permit. The municipality may revoke the temporary dwelling permit if the permit holder violates any requirement of this section. If the municipality revokes a permit, the permit holder has 60 days from the date of revocation to remove the temporary family health care dwelling. Subd. 7. Fee. Unless otherwise provided by ordinance, the municipality may charge a fee of up to $100 for the initial permit and up to $50 for a renewal of the permit. Subd. 8. No public hearing required; application of section 15.99. (a) Due to the time -sensitive nature of issuing a temporary dwelling permit for a temporary family health care dwelling, the municipality does not have to hold a public hearing on the application. (b) The procedures governing the time limit for deciding an application for the temporary dwelling permit under this section are governed by section 15.99, except as provided in this section. The municipality has 15 days to issue a permit requested under this section or to deny it, except that if the statutory or home rule charter city holds regular meetings only once per calendar month the statutory or home rule charter city has 30 days to issue a permit requested under this section or to deny it. If the municipality receives a written request that does not contain all required information, the applicable 15-day or 30- day limit starts over only if the municipality sends written notice within five business days of receipt of the request telling the requester what information is missing. The municipality cannot extend the period of time to decide. Subd. 9. Opt -out. A municipality may by ordinance opt -out of the requirements of this section. Sec. 4. EFFECTIVE DATE. This act is effective September 1, 2016, and applies to temporary dwelling permit applications made under this act on or after that date. Presented to the governor May 12, 2016 Signed by the governor May 12, 2016, 1:27 p.m. Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All rights reserved. https://www.revisor.mn.gov/laws/?year=2016&type=0&doctype=Chapter&id=111 7/1/2016 Medina Planning Commission Excerpt from DRAFT 7/12/2016 Meeting Minutes Ordinance Amendment — Chapter 8 of the City Code Related to Temporary Family Healthcare Dwellings Finke stated that a new State law was passed this last legislative session, noting that beginning September 1st the Statute will trump and the City will be required to issue permits for temporary healthcare dwellings for up to six months. He referenced a recent newspaper article which explained the issue well. He noted that structure setbacks would need to be met, similar to a home. He noted that this would more likely happen in a rural setting. He stated that the City has the option to opt out of this or if the City does nothing the dwellings would be allowed under the set standards. He noted that the City could also create their own standards. He stated that the majority of cities have opted out of this item. He stated that this would require administrative work in a short time to prepare for permitting and noted that this would also require submission of medical records. Murrin asked which City wanted to allow more flexibility. Finke replied that Crystal has opted out but is creating their own regulations to make it more flexible and fitting for their city. Murrin asked if the City opts out would the units then not be allowed. Finke replied that is correct, someone could not have a second temporary dwelling on their property. He noted that there are separate regulations for recreational vehicles. He stated that accessory dwelling structures are allowed on a permanent basis with all necessary City approvals, but are not allowed on a temporary basis. V. Reid stated that in her opinion most Home Owners Associations would not allow temporary dwellings and received clarification that the HOA covenant could be more restrictive than City code. Finke confirmed that the City could change their mind in the future, whether they choose to opt out or stay in at this time. R. Reid stated that the State laws appear to be pretty restrictive and stated that staff could always set their own regulations in the future. V. Reid opened the public hearing at 7:24 p.m. No comments made. V. Reid closed the public hearing at 7:24 p.m. Murrin stated that she would like to opt out because of the issues that could arise. She stated that her neighborhood does not have an association and she would not be pleased to see someone living in a dwelling of this time at her neighbor's house. Barry stated that he also supports the idea to opt out because of the additional work this would create for staff. Albers agreed that if the majority of the communities are choosing to opt out then perhaps the legislature was making changes for a market that does not exist. 1 Medina Planning Commission Excerpt from DRAFT 7/12/2016 Meeting Minutes R. Reid stated that when people get into these types of situations they happen very quickly and therefore she has empathy for people that end up in this situation. She did not want to see the door closed on this concept all together. Barry stated that the challenge would be that the dwelling would need to meet all the requirements. Muffin stated that if your family member needs care perhaps they would be better served living in a healthcare facility or within the person's actual home, rather than a little box in the yard. V. Reid stated that perhaps that concept would fit within the rural residential area. Finke stated that the City could opt out and then adopt their own regulations. V. Reid stated that she does not want to create a lot of additional work for staff. R. Reid stated that she would support opting out at this time. White stated that she would also support opting out as she would not want the City staff have to review the medical documents to determine who would qualify. Motion by Murrin, seconded by Barry, to recommend approval of the opt out ordinance amendment to Chapter 8 of the City Code Related to Temporary Healthcare Dwellings. Motion carries unanimously. 2 Twin Cities suburbs opt to go their own way on tiny 'drop homes' - StarTribune.com Page 1 of 2 LOCAL Suburbs opt to go their own way on state's'drop home' law Facing a new state requirement to allow tiny trailers on residential lots, many cities are saying no. By Erin Adler (http://www.startribune.com/erin-adler/195633361/) and Emma Nelson (http://www.startribune.com/emma-nelson/261800211/) Star Tribune staff writers JULY 5, 2016 — 8:41AM Metro suburbs are bypassing a new state law that would require them to allow tiny, portable houses on residential properties, saying the state mandate doesn't work for them. The statute is intended to provide access to temporary "drop homes" for people — mostly older adults — with health care needs that require them to be close to a caregiver. But worries about resident complaints, conflicts with local zoning ordinances and timing concerns have spurred cities to opt out of the law. Some say they already have the resources they need to meet the needs of aging residents, while others want to pass their own laws allowing temporary structures tailored to their city. The League of Minnesota Cities fought for an opt -out provision in the statute so local governments could still have control over their own zoning. Bill sponsor Rep. Roz Peterson, R-Lakeville, struggled to find a place for her elderly father to live when he got sick two years ago. It's disappointing that cities are opting out, she said, but she acknowledged that the law isn't one -size -fits -all. "It's always difficult to accept change and innovation," Peterson said. "This won't solve everybody's problem —this is one tool in the toolbox, so to speak" Drop homes, sometimes called granny pods, are trailers under 300 square feet that are billed as an affordable and temporary alternative to sending sick, injured or elderly family members to a nursing home. The new law was based on similar, but less restrictive, laws in North Carolina and Virginia. In Minnesota, the law allows homeowners to have a drop home on their property for six months by paying for a $100 permit, unless their city has a specific ordinance against the homes. The Burnsville City Council voted unanimously on June 21 to opt out. Drop homes don't meet city codes, said Mayor Elizabeth Kautz, and the city already has temporary housing options. Those options include spare bedrooms, apartments, assisted living facilities, short-term health care facilities, hotels and group homes, according to a meeting agenda report. "It's not that we don't have it," Kautz said. "We want control of what happens here in Burnsville." Some cities want to allow accessory dwelling units but are choosing to do so on their own terms. The Crystal City Council will likely vote to opt out at its next meeting, said Council Member Jeff Kolb. The decision stems largely from the nature of residential properties in Crystal, many of which may be too small to qualify for drop homes under the statute, he said. The City Council will try to pass an ordinance in the future that allows for accessory units that are better tailored to the city, Kolb said. "There was a concern that it would be perceived that by opting out, we were saying we don't want this kind of thing around here, that it was kind of a cold-hearted decision," he said. "The reality is it's not that at all." In Lakeville, the City Council agreed to opt out last week but also sent the issue to city staff for further review. (http://stmedia.startribune.com/images/1467684122_08+678634+02 ELIZABETH FLORES, STAR TRIBUNE John Louiselle, left, and Jesse Lammi are a pair of young New Brighton entrepreneurs that have started NextDoor Housing, a company http://www. startribune. com/suburbs-opt-to-go-their-own-way-on-state-s-drop-home-law/3 8... 7/5/2016 Twin Cities suburbs opt to go their own way on tiny 'drop homes' - StarTribune.com Page 2 of 2 There were multiple concerns, said Mayor Matt Little, including aesthetics, property values and the difficulty city staff would face in having to make judgments about residents' illnesses. "Every single city in this country is going to need to figure out a way to start taking care of our seniors," Little said. `There's just a lot of issues we need to ... make fair and dear." Meanwhile, city staff in Woodbury are recommending that city officials vote to opt out in order to have more time to figure out what local needs are, said Jason Egerstrom, Woodbury's spokesman. Under the statute, cities have until Sept.1 to opt out. John Louiselle, co-owner of NextDoor Housing, a New Brighton -based drop home company that helped craft the law, said he doesn't mind if cities choose a different direction. "What's worrisome to us is when we see cities opting out and offering no alternative solution," he said. Peterson said she would like to see cities try out the statute and see how it works. The biggest challenge, she said, is that people aren't familiar with the drop home idea. `"Phis is new — nobody's really done this before," she said. "Let's have a conversation with the community before we just choose to abandon the idea." Erin Adler • 612-673-1781 Erin.Adler@startribune.com 612-673-1781 emma.nelson@startribune.com 612-673-4509 emmamarienelson http://www. startribune. com/suburbs-opt-to-go-their-own-way-on-state-s-drop-home-law/3 8... 7/5/2016 New Brighton firm's tiny trailer homes offer aid for families in need - StarTribune.com Page 1 of 2 EAST METRO New Brighton company's tiny trailer homes offer solution for families in need New Brighton entrepreneurs helped write a bill to allow their small mobile homes into yards. By Erin Adler (http://www.startribune.com/erin-adler/195633361/) Star Tribune JUNE 4, 2016 — 12:42PM At different times, Jesse Lammi and John Louiselle have received the same bittersweet update: Their sick relative was healthy enough to leave the hospital. The bad news: Their family had to track down a safe, affordable and local place for their still -fragile family member to convalesce in just a few days. The young entrepreneurs created New Brighton -based NextDoor Housing to help families avoid that dilemma. In a twist on the "tiny homes" trend, their company sells and rents out 240-square-foot, handicapped accessible trailers designed to sit temporarily in homeowners' backyards when a family member can't quite live independently. "Really, the goal here was to provide time and sanctuary for people in need," Lammi said. "A spot where you can be near family but still have that privacy and independence." A new bill passed weeks ago allows parking the 8-by-30-foot structures — called Drop Homes or granny pods — on single-family home lots for six months with a $100 permit, unless barred by a local ordinance. "The nexus of NextDoor Housing really is just trying to add another option to the current ones," Louiselle said. Rep. Roz Peterson, R-Lakeville, and Sen. John Hoffman, DFL-Champlin, sponsored the bill. Lammi and Louiselle crafted a "relatively complicated" bill — the Temporary Family Health Care Dwellings Bill — mostly on their own, Peterson said, an impressive feat. Peterson was also taken with the idea of Drop Homes. "I have a 96-year-old father and personally experience the challenges," Peterson said. "People need to have some choices and this is just one other ... tool in the toolbox." Lammi and Louiselle grew up playing hockey together in the northern suburbs. They reunited after college and came up with the NextDoor Housing concept, drawing on college majors in health care and economics. "It really was a combination [of both of us]," Lammi said. "I kind of had modular housing ideas, and John brought the health care side into it." The business began in 2014 and leapt forward when the two received a $340,000 grant from the Minnesota Department of Human Services. NextDoor Housing contracts with a company in north -central Minnesota to construct the homes. Each Drop Home plugs into a 50-amp outlet and has heat, air conditioning, heated water and a bathroom with a shower. They can be pulled with a one -ton pickup truck, making them mobile. The homes cost $45,000 to $70,000 to purchase or $1,250 a month to rent through NextDoor. Combining that rent with in -home health care would cost about $3,500 a month, the same or less than a spot in assisted living. "The price of nursing home care has skyrocketed in the last five years," Louiselle said. "A lot of people need that, but there are individuals who land in nursing homes that don't necessarily need or want to be there." A lot of interest has come from rural Minnesota, Lammi said, where there are already a few Drop Homes sheltering people with medical problems. So far, three have been sold and two rented. Since the law takes effect Sept. 1, the real kickoff will be at the Minnesota State Fair in August, where they'll "go full-scale launching our rental operation," Lammi said. 45033875.jpg) (http://stmedia.startribune.com/images/ows_1465013452 Each mobile home (called a Drop Home) features heat, air conditioning, heated water, a bathroom with a shower and a bed and http://www. startribune. com/tiny-trailer-homes-offer-a-solution-for-families-in-need/3 81847... 7/5/2016 New Brighton firm's tiny trailer homes offer aid for families in need - StarTribune.com Page 2 of 2 The goal is to sell or rent five Drop Homes by the fair's end, Lammi said. New Brighton Mayor Val Johnson, a Lammi family friend who has advised both partners on their business, called their brainchild "brilliant" "When people have a good idea and they work diligently to make it happen, it's important to support them," Johnson said. "It's not always about experience but more about drive." "We're the only company around doing this," Lammi said. "We really believe it's the wave of the future." Erin.Adler@startribune.com 612-673-1781 1 (http://stmedia.start-ibune.com/images/ows_1465013455 The small mobile homes are designed to be used by people who are recovering from an injury or illness or for those who may have a http://www. startribune. com/tiny-trailer-homes-offer-a-solution-for-families-in-need/3 81847... 7/5/2016 MEDINA POLICE DE MEMORANDUM Agenda Item # 8B Uw <:11,l1CSUd1C 1rd11 Medina, MN 55340-9790 p: 763-473-9209 f: 763.473.8858 non-emergencys 763.525-62I0 Emergency 9-1-1 TO: City Administrator Scott Johnson and City Council FROM: Director Edgar J. Belland DATE: July 29, 2016 RE: Ordinance 415 Amendments This past spring we had an issue come up with our ordinance regarding seasonal weight limits and regulation of truck traffic. City Prosecutor Steve Tallen had a case where a recycling company was cutting through the City streets not using the designated truck routes. Tallen suggested that we make a simple language change to the ordinance under the exceptions (415.13) to limit the exception to City contracted garbage and recycling vehicles. City Attorney Batty drafted the changes and cleaned up other language in the ordinance. Please see the attached red line version. Council Actions Requested I. Approve the amendment to City ordinance 415 regarding seasonal weight limits and regulation of truck traffic. 2. Publish the Ordinance by title and summary. CITY OF MEDINA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4 OF THE MEDINA CITY CODE REGARDING SEASONAL WEIGHT LIMITS AND REGULATION OF TRUCK TRAFFIC The city council of the city of Medina ordains as follows: SECTION I: Medina city code chapter 4 is amended by adding the double underlined material and deleting the stricken material as follows: CHAPTER 4 ROADS 415. SEASONAL WEIGHT LIMITS; REGULATION OF TRUCK TRAFFIC. Section 415.01. Seasonal Weight Limits; Posting. The Public Works SuperintendentDirector may prohibit the operation of vehicles upon any street under the jurisdiction of the city or impose restrictions as to the weight of vehicles to be operated upon any city street when, by reason of deterioration, rain, snow, or climatic conditions, such city street may be damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weight thereof reduced. The Public Works SuperintendentDirector shall cause to be posted on any such city street appropriate signs designating such restriction. Section 415.03. Administrative Regulation of Trucks. The Public Works SuperintendentDirector shall monitor the condition of all streets under the jurisdiction of the city and the use thereof by vehicles over 9,000 pounds gross weight, which vehicles are defined as trucks for purposes of this section. Whenever the SuperintendentDirector determines that the excessive use of any city street by trucks has or is likely to endanger public health or safety or that such use has or may damage or destroy the street due to any condition, including but not limited to existing street conditions, street deterioration, rain, snow, climatic conditions, soil or subsurface conditions, or sight lines, the SuperintendentDirector may regulate, restrict, or prohibit truck traffic on the street. The SuperintendentDirector may set conditions or limitations on the use of the street to protect public health and safety or to prevent damage to the street, including requiring that a letter of credit or other financial guarantee be posted to compensate the city for damage to the street, establishing haul routes and restricting hours of operation or setting weight limits Any person aggrieved by a decision of the Public Works SuperintendentDirector regarding regulation of truck traffic under this section may appeal that decision to the city council. The city council may continue, modify or terminate the regulations as it deems appropriate in order to protect public health and safety and to prevent or minimize damage to city streets. Ordinance No. August 3, 2016 1 Section 415.05. Minnesota Statutes, Chapters 168, 169 and 171 Adopted by Reference. Except as otherwise provided in this ordinance, the regulatory and procedural provisions of Minnesota Statutes, Chapter 168, Chapter 169 (commonly referred to as the Traffic Regulation Act) and Chapter 171, as amended through Laws of 2006, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof. Section 415.07. Truck Traffic. The city council finds that certain streets within the city receive excessive wear and damage as a result of heavy truck traffic. The council also finds there is an increased danger to children and other citizens as a result of heavy truck traffic over certain city streets and that truck traffic can reasonably be prohibited on certain streets to eliminate a majority of the safety and property damage concerns. Section 415.09. Designation of Truck Routes. a) The city council is hereby authorized to prohibit truck traffic on certain routes within the city. Such designation shall be by city council resolution. The city council shall also cause the truck route designation resolution to be published and shall clearly mark the prohibited streets with appropriate signs. b) In designating which streets may not be used by trucks prior to adoption of the designation resolution or when amending the same from time to time, the city council shall consider the following factors: (1) the design capacity of the street; (2) the designation of the street in the transportation plan element of the city's comprehensive plan; (3) the land uses of the properties abutting the street, including the number of residential uses; the number of persons likely to be affected; the effect on traffic on other streets within the community; the nature and degree of the threat to public health and safety; the availability of alternative methods of addressing the problem; and any other factors which the city council deems important. If the city council determines to prohibit or restrict trucks, it may do so for a specific period of time or until specified conditions occur or are abated. The Public Works SuperintendentDirector shall cause signs to be placed on any street so restricted so that the regulation may reasonably be determined by reading such sign. Ordinance No. August 3, 2016 2 Section 415.11 Trucks Subject to Designated Route. All trucks that are licensed for a gross vehicle weight in excess of thirty five thousand pounds (35,000 lbs.pounds) shall be subject to this ordinance. Section 415.13 Exceptions. Sections 415.07 through 415.11 shall not apply to the following: (a) school buses; (b) emergency vehicles; (c) garbage or recycling vehicles operating under license or contract with the city while on their collection routes; (d) municipal or utility vehicles while engaged in constructing, maintaining or repairing streets or utilities; and (e) agricultural equipment servicing property on that street. Section 415.15 Permit to Exceed Weight Limit. Subd. 1. Application. The city administrator may, upon application, issue a permit for use of the streets within the city by vehicles having a licensed gross weight in excess of 35,000 pounds if travel on a non -truck route is reasonably required in order to accomplish a local pick up or delivery to a property located on a street from which trucks are otherwise prohibited. The permit shall be issued only after approval by the city administrator of the route to be traveled. The permit shall be issued upon the conditions that the applicant assumes all responsibility for damages caused to any street by such excess load and agrees to reimburse the city for all reasonable and necessary expenditures to repair and replace the street to its former condition. The permit shall be valid only over such non -truck street or segment thereof as is reasonably necessary to travel to and from a designated truck route and the point of pick up or delivery. Subd. 2. Fee. The fee for the issuance of the permit shall be as specified in the city's fee ordinance. Section 415.19 Violations and Liabilities for Damages. a) Any person violating this ordinance shall be guilty of a misdemeanor for each such violation. In addition to the driver or operator, the owner of any truck being operated with his permission and consent shall be liable for any violation of this ordinance. b) Any person who violates a posted load or vehicle restriction shall be liable to the city for the full amount of the damages caused by such violation. SECTION II. The ordinance shall be effective upon its adoption and publication. Ordinance No. August 3, 2016 3 Adopted by the city council of the city of Medina this day of , 2016. Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk Published in the Crow River News the day of , 2016. Ordinance No. August 3, 2016 4 Member introduced the following resolution and moved its adoption. CITY OF MEDINA RESOLUTION NO. RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. BY TITLE AND SUMMARY WHEREAS, the city council of the city of Medina has adopted Ordinance No. , an ordinance amending section 415 of the code of ordinances regarding seasonal weight limits and regulation of truck traffic; and WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is four pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that the city administrator shall cause the following summary of Ordinance No. to be published in the official newspaper in lieu of the entire ordinance: Public Notice The city council of the city of Medina has adopted Ordinance No. , an amendment to section 415 of the code of ordinances regarding seasonal weight limits and regulation of truck traffic. The ordinance clarifies circumstances under which the city may limit the use of public streets to trucks not over 9,000 pounds gross weight. It also limits the exception generally applicable to garbage and recycling trucks over 35,000 pounds gross weight to those vehicles operating under license or contract with the city while operating on their routes. The amendment also updates the title of the Public Works Director. The full text of Ordinance No. is available for inspection at Medina city hall during regular business hours. Attest: Jodi M. Gallup, City Clerk BE IT FURTHER RESOLVED by the city council of the city of Medina that the city administrator keep a copy of the ordinance in his office at city hall for public inspection and that he post a full copy of the ordinance in a public place within the city. Dated: August 3, 2016. Resolution No. 2016- August 3, 2016 Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2016- 2 August 3, 2016 MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: July 28, 2016 SUBJ: Planning Department Updates — August 3, 2016 City Council Meeting Land Use Application Review A) 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 16 meeting. B) 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 and City Council provided feedback. The project will be closed and staff will await a formal application. C) Just for Kix Site Plan Review, Variance, Lot Combination —45 Highway 55 — Just for Kix has requested approval of a Site Plan Review for construction of an 18,040 square foot building to include a dance studio and retail. The applicant has requested a variance to increase the maximum hardcover in the Elm Creek shoreland overlay district from 25% to 50% and also a lot combination to combine the property annexed from the City of Plymouth. The Council granted approval at the July 19 meeting. Staff will work with the applicant on the conditions of approval before construction begins 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 Proiects A) Comprehensive Plan — Staff has drafted a number of chapters for review following the feedback from the Steering Committee and Park Commission. A concurrent City Council/Planning Commission meeting is planned for August 3 at 5 PM to review rough draft of the Vision/Goal, Land Use, and Housing chapters. 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. Planning Department Update Page 1 of 2 August 3, 2016 City Council Meeting 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) CR115 Trail — Hennepin County — staff met with Hennepin County to discuss an opportunity for a grant to assist with the cost of constructing the trail connection from Hamel Road to Highway 55 along CR115 (Pinto Drive). Staff intends to put together a grant application this winter for possible construction in 2017. Planning Department Update Page 2 of 2 August 3, 2016 City Council Meeting MEDINA POLICE DEPARTMENT 600 Clydesdale Trail Medusa, MN 55340-9790 p:763.473-9209 f:763.473.8858 non -emergency: 763 -5 25.6210 MEMORANDUM Emergency 9-1-1 TO: City Administrator Scott Johnson and City Council FROM: Director Edgar J. Belland DATE: July 29, 2016 RE: Department Updates Community Service Officer (CSO) Hiring Process We have started the hiring process for the CSO position. The applications are being accepted until August 8th. Currently, everyone is pitching in to cover all the CSO responsibilities. Night to Unite The parties are organizing for August 2nd Night to Unite event. Crime Prevention Specialist Steve Lundell is tracking the parties and coordinating the reserves and officers who will be working that night. Each year we enjoy spending some time with our residents and building our community relations. If you are interested in joining the officers, please give me a call. Patrol by Sergeant Jason Nelson Patrol Activities For the dates of July 12 to July 28, 2016, our officers issued 49 citations and 136 warnings for various traffic infractions. There were a total of six driving while impaired arrests, four traffic accidents, 14 medicals and 14 alarms. Over the past two weeks we have taken numerous thefts from auto reports. In ALL cases there is one common denominator and that is the vehicles were all unlocked. These reports have been coming from Cherry Hill, Foxberry Farms and Wild Meadows areas on the north end of town. With the items being taken it's believed that the suspects are most likely younger individuals. On July 19, 2016, Officer Boecker was on patrol when he came across a vehicle parked in the turn lane on County Road 19 and Maple Street. He pulled up to see if assistance was needed and found an intoxicated male sleeping behind the wheel of the vehicle. The male was lost and stated that he was trying to figure out how to get home by looking at his GPS. The male had no clue where he was or why he was parked on the roadway. The male was arrested for DWI. On July 21, 2016, Highway 55 Rental reported that license plates had been stolen on multiple vehicles in their parking lot. Case forwarded to Investigations. On July 21, 2016, I took a burglary report at Dominium. Reporting party stated that she had left her sliding glass door open and that sometime over the night someone had entered her living room and stole two laptop computers. Case forwarded to Investigations. On July 24, 2016, Officer Boecker was dispatched to the Holiday off of Highway 12 for a male that was acting suspicious. While in route he was advised that a male had been in the bathroom for a long period of time and when he came out appeared to be under the influence. Workers found a hypodermic needle lying on the floor and turned it over to Officer Boecker. The male tried to leave the area in his vehicle but was stopped by a worker at Holiday. When Officer Boecker arrived the male was found to be under the influence and in possession of prescription medication. The male did not have a prescription for the pills that were found and was subsequently arrested for DWI and possession of narcotics. It's believed that the male was shooting up Xanax in the bathroom. Criminal Investigations by Investigator Charmane Numerous thefts from auto reports received. Suspects typically enter unlocked vehicles. A burglary was reported in which laptops were taken. Received a child maltreatment report from child stating a reporter notified them of a residence where parents are believed to be using and selling illegal drugs. Open cases currently under investigation: 15 MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: July 27, 2016 MEETING: August 3, 2016 SUBJECT: Public Works Update STREETS • The reconstruct of Cottonwood Trail is well on its way with the base aggregate and asphalt installed. We will be prepping the rest of the road along with Lakeview and Comanche in the next week. The plan is to install the final lift and overlays for all the projects in the next two to three weeks. • Striping has been completed on Hamel Road, Arrowhead Drive, Meander Road, Tamarack Drive and Medina Road. The contractor will be back later this summer or fall to do a roundup of anything else that needs to be touched up. • Seal coating is scheduled for late August. We will continue prepping for that project. • Still more trees have been falling in the ROW and in parks. One thing to consider when taking ownership of nature areas is the maintenance of trees. WATER/SEWER/STORMWATER • Our contractor has updated the controls for well# 2 so we can supply irrigation water to the Dominium project. Dominium on the other hand has had their problems; poor system planning on their part is taking more time than I anticipated on our end to get this up and going. • The Well #8 project is on schedule. We are expecting the control panel to be installed in the next week or so along with the chemical feed system. PARKS/TRAILS • The Arrowhead Trail is nearly complete with just some recon work remaining This trail will be a nice addition to our system. It is being used a lot already. • PW received direction to install new ag lime to the Maple Park ball field. We have the product at Public Works and are just waiting for the field to dry out a bit. MISCELLANEOUS • The fuel pumps are almost ready for use with just some electrical work and pump installation remaining. State building codes for the fuel system make the project more cumbersome than other wiring projects. • The pavement in the rear of 600 Clydesdale is being milled and replaced this week and should be installed before the Wednesday meeting. ORDER CHECKS JULY 19, 2016 - AUGUST 3, 2016 44629 BANK OF MAPLE PLAIN $2,721.25 44630 BOND TRUST SERVICES CORP $157,158.13 44631 COMMERCIAL ASPHALT CO. $1,102.33 44632 JABBAR, SADIA $250.00 44633 RAUDA MAHFOUZ $10.00 44634 MN DEPT OF LABOR/INDUSTRY $6,025.84 44635 NARAYANAN, PREM $250.00 44636 ROLFZEN, BEN $500.00 44637 VADLAMANI, SINDHURA $250.00 44638 VEERAMASUNENI, VENKATA $450.00 44639 WONG, CHUN $150.00 44640 CAREFREE SERVICES INC $7,397.04 44641 GADHOKE, AMRITA $150.00 44642 MAHESHWARI, GAGAN/NEETU $465.00 44643 MATTAMY MPLS PRTNSHP $10,000.00 44644 NICK, JENNIFER $500.00 44645 SAVOIE, TERRY $60.00 44646 STRAKA, GORDAN $475.00 44647 TIMBER BAY CENTRAL SERVICES $250.00 44648 ANNANDALE TACTICAL TRAINING CT $450.00 44649 ASPEN MILLS INC $133.55 44650 AUTOMATIC SYSTEMS CO $250.00 44651 BARBER CONSTRUCTION CO INC $127,732.49 44652 BIFFS INC $753.02 44653 BROCK WHITE $2,100.00 44654 CONTEMPORARY IMAGES $420.46 44655 DPC INDUSTRIES INC $2,322.54 44656 EARL F ANDERSEN INC $296.50 44657 ECM PUBLISHERS INC $94.99 44658 FINELINE CONCRETE CUTTING INC $325.00 44659 HAMEL VOLUNTEER FIRE DEPT $68,053.75 44660 HOLIDAY FLEET $2,906.21 44661 KENNEDY & GRAVEN CHARTERED $19,134.30 44662 KRAEMER MINING AND MATERIALS $6,685.13 44663 LANO EQUIPMENT INC $108.01 44664 LAW ENFORCEMENT LABOR $392.00 44665 LEXISNEXIS RISK DATA MGMT INC $43.00 44666 MADISON NATIONAL LIFE $629.15 44667 MARCO INC $29.21 44668 METRO WEST INSPECTION $8,430.89 44669 MIDWEST ASPHALT CORPORATION $1,834.60 44670 MINNESOTA EQUIPMENT INC $3.38 44671 MUNICIPAL BUILDERS INC $55,494.25 44672 NAPA OF CORCORAN INC $5.69 44673 NELSON ELECTRIC MOTOR REPAIR $1,099.00 44674 NORTHERN TECHNOLOGIES INC $1,165.00 44675 OFFICE DEPOT $21.35 44676 PROTECT AND SERVE TRAINING LLC $800.00 44677 RIDGEDALE PLUMBING $883.50 44678 ROLF ERICKSON ENTERPRISES INC $7,222.77 44679 SITEONE LANDSCAPE SUPPLY LLC $78.00 44680 STREICHER'S $168.94 44681 SUMMIT COMPANIES $1,362.50 44682 SUN LIFE FINANCIAL $537.90 44683 TEGRETE CORP $1,366.00 44684 TIMESAVER OFFSITE $136.00 44685 TWIN CITY GARAGE DOOR $1,895.20 44686 TWIN CITY STRIPING $9,991.56 44687 ULINE $200.59 44688 VESSCO, INC $345.28 44689 WESTSIDE WHOLESALE TIRE $50.00 44690 WSB & ASSOCIATES $47,983.50 Total Checks $562,099.80 ELECTRONIC PAYMENTS JULY 19, 2016 — AUGUST 3, 2016 003747E FARMERS STATE BANK OF HAMEL $55.00 003748E AFLAC $394.88 003749E DELTA DENTAL $2,604.60 003750E SELECT ACCOUNT $6,674.89 003751E PR PERA $14,807.64 003752E PR FED/FICA $16,081.00 003753E PR MN Deferred Comp $2,360.00 003754E PR STATE OF MINNESOTA $3,361.26 003755E SELECT ACCOUNT $16,393.12 003756E CITY OF MEDINA $19.00 003757E FARMERS STATE BANK OF HAMEL $20.00 003758E ELAN FINANCIAL SERVICE $1,687.27 003759E CIPHER LABORATORIES INC. $5,536.41 003760E DELTA DENTAL $2,604.60 003761E XCEL ENERGY $12,610.78 003762E KONICA MINOLTA $168.48 003763E MINNESOTA, STATE OF $2,286.00 003764E MARCO (LEASE) $955.11 003765E MEDIACOM OF MN LLC $355.80 003766E WRIGHT HENN COOP ELEC ASSN $1,913.57 003767E SELECT ACCOUNT $37.11 003768E VALVOLINE FLEET SERVICES $83.98 Total Electronic Checks $91,010.50 PAYROLL DIRECT DEPOSIT JULY 27 2016 507309 ALTENDORF, JENNIFER L $1,314.63 507310 BARNHART, ERIN A. $1,965.67 507311 BELLAND, EDGAR J $2,522.48 507312 BOECKER, KEVIN D. $2,449.86 507313 CONVERSE, KEITH A $2,552.78 507314 DINGMANN, IVAN W $1,891.76 507315 DOMINO, CHARMANE $1,766.60 507316 ENDE, JOSEPH $1,409.33 507317 FINKE, DUSTIN D. $2,110.20 507318 GALLUP, JODI M $1,667.32 507319 GLEASON, JOHN M. $1,805.75 507320 GREGORY, THOMAS $1,871.97 507321 HALL, DAVID M. $2,010.89 507322 JESSEN, JEREMIAH S $2,555.64 507323 JOHNSON, SCOTT T. $2,226.35 507324 KLAERS, ANNE M $1,116.32 507325 LANE, LINDA $1,506.21 507326 LEUER, GREGORY J. $1,965.77 507327 MCGILL, CHRISTOPHER R $1,435.41 507328 MCKINLEY, JOSHUA D $1,328.00 507329 NELSON, JASON $3,108.49 507330 PETERSON, DEBRA A. $1,614.15 507331 REINKING, DEREK M $1,778.57 507332 SCHERER, STEVEN T. $2,259.38 507333 STAPLE, AMANDA $142.95 507334 VIEAU, CECILIA M. $1,114.72 507335 WENANDE, BRANDON S $263.30 Total Payroll Direct Deposit $47,754.50