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HomeMy Public PortalAbout11.17.2015 City Council Meeting PacketMEDINA AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, November 17, 2015 7:00 P.M. Medina City Hall 2052 County Road 24 Meeting Rules of Conduct: • Fill out and turn in white comment card • Give name and address • Indicate if representing a group • Limit remarks to 3-5 minutes I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the November 4, 2015 Regular Council Meeting V. CONSENT AGENDA A. Approve Labor Agreement Between Law Enforcement Labor Services, Inc. (LOCAL #36) and the City of Medina B. Resolution Approving a Site Plan Review for Highway 55 Rental Portable Storage to Construct Three Mini Storage Buildings at 4790 Rolling Hills Road C. Approve Development Agreement by and between the City of Medina and Highway 55 Rental Portable Storage, LLC D. Approve LMCIT Liability Waiver Form for 2016 VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. NEW BUSINESS A. Ordinance Amending Section 345.05 of the City Code of Ordinances Regarding Dogs 1. Resolution Authorizing Publication of the Ordinance by Title and Summary B. Ordinance Amending Chapter 3 of the City Code of Ordinances Regarding Police Regulations 1. Resolution Authorizing Publication of the Ordinance by Title and Summary VIII. OLD BUSINESS A. 2016 Sioux Drive Turn Lane Improvement Project 1. Resolution Receiving Feasibility Report and Calling for Public Hearing on 2016 Sioux Drive Turn Lane Improvement Project IX. CITY ADMINISTRATOR REPORT X. MAYOR & CITY COUNCIL REPORTS XI. APPROVAL TO PAY BILLS XII. ADJOURN Posted 11/12/2015 Page 1 of 1 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: November 12, 2015 DATE OF MEETING: November 17, 2015 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve Labor Agreement Between Law Enforcement Labor Services, Inc. (LOCAL #36) and the City of Medina- Public Safety Director Ed Belland and I have been able to negotiate wage and insurance changes with LELS per City Council direction. The proposed agreement is consistent with all other staff under the proposed budget for 2016. Attached is the proposed contract. Staff recommends approval. See attached agreement. B. Resolution Approving a Site Plan Review for Highway 55 Rental Portable Storage to Construct Three Mini Storage Buildings at 4790 Rolling Hills Road — The City Council reviewed this request at the November 4th meeting and directed staff to prepare the attached resolution of approval. Staff recommends approval. See attached resolution. C. Approve Development Agreement by and between the City of Medina and Highway 55 Rental Portable Storage, LLC - The City Council reviewed this request at the November 4th meeting and directed staff to prepare the attached development agreement. Staff recommends approval. See attached agreement. D. Approve LMCIT Liability Waiver Form for 2016 — The City is required to approve the attached LMCIT form each year. For the past several years the City has chosen not to waive the monetary limits on municipal tort liability as established by State Statute. The City Council has approved the same action since the March 19, 2013 meeting after staff reviewed the options with our Insurance Agent Susan Lipscomb from RJ Ahmann Staff recommends approval. See attached waiver form. VII. NEW BUSINESS A. Ordinance Amending Section 345.05 of the City Code of Ordinances Regarding Dogs — The purpose of the ordinance is to clarify the rules related to dog ownership. The ordinance (1) prohibits female dogs from being left outdoors unless they have been spayed, (2) prohibits dogs from running loose except in designated off -leash areas, and (3) requires owners to pick up and properly dispose of animal waste. See attached memo, ordinance and resolution. Recommended Motion #1: Adopt Ordinance Amending Section 345.05 of the City Code of Ordinances Regarding Dogs Recommended Motion #2: Adopt Resolution Authorizing Publication of the Ordinance by Title and Summary. B. Ordinance Amending Chapter 3 of the City Code of Ordinances Regarding Police Regulations — The ordinance updates several references to state law. The ordinance also updates the types of vehicles which are regulated to include motorcycles and other motorized bicycles. The ordinance prohibits the parking of certain commercial vehicles in certain areas for more than four hours. It also imposes a twelve-hour parking limit on public streets for vehicles, equipment such as construction equipment, and trailers. See attached memo, ordinance and resolution. Recommended Motion #1: Adopt Ordinance Amending Chapter 3 of the City Code of Ordinances Regarding Police Regulations Recommended Motion #2: Adopt Resolution Authorizing Publication of the Ordinance by Title and Summary. VIII. OLD BUSINESS A. 2016 Sioux Drive Turn Lane Improvement Project — On October 20, 2015, the City Council adopted a resolution ordering turn lane improvements to Sioux Drive at Westfalen Trail. These improvements were anticipated along with commercial development to the west and east of Sioux Drive. Since the project was ordered, the City has received a request to rezone property to the east of the Aldi site (Arndt property). This rezoning is in anticipation of a commercial development on this site. The concept layout which was submitted along with the rezoning requests shows primary access to this site from Sioux Drive through an easement on the Aldi property. Staff decided it may be worth discussing with the Council whether it would be appropriate to discuss this additional site as potentially benefitting from the Sioux Drive turn lane improvements and whether the property should also be assessed for a portion of the improvements. See attached memo, resolution and feasibility report. Possible Motion: Adopt Resolution Receiving Feasibility Report and Calling for a Public Hearing on the 2016 Sioux Drive Turn Lane Improvement Project. 0 2 M. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 003389E-003406E for $48,416.60, order check numbers 043577-043620 for $202,412.41 and payroll EFT 506749-506778 for $46,846.61 INFORMATION PACKET • Planning Department Update • Police Department Update — The City Administrator will email this when ready. • Public Works Department Update • Claims List 3 DRAFT 2 3 MEDINA CITY COUNCIL MEETING MINUTES OF NOVEMBER 4, 2015 4 5 The City Council of Medina, Minnesota met in regular session on November 4, 2015 at 6 7:00 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 Tom Kellogg, City Planner Dusty Finke, City Planning Consultant Nate Sparks, Public 16 Works Director Steve Scherer, Chief of Police Ed Belland, and Recording Secretary 17 Amanda Staple. 18 19 II. PLEDGE OF ALLEGIANCE (7:01 p.m.) 20 21 III. ADDITIONS TO THE AGENDA (7:01 p.m.) 22 The agenda was approved as presented. 23 24 IV. APPROVAL OF MINUTES (7:01 p.m.) 25 26 A. Approval of the October 20, 2015 Special City Council Meeting Minutes 27 Moved by Anderson, seconded by Pederson, to approve the October 20, 2015 special 28 City Council meeting minutes as presented. Motion passed unanimously. 29 30 B. Approval of the October 20, 2015 Regular City Council Meeting Minutes 31 It was noted on page one, line 36, it should state, "...7:031 p.m. 7:03 p.m.". On page 32 three, line 21, it should state, "...into the..." On page three, line 23, it should state, 33 "...approval through the City's PUD Ordinance..." On page five, line 10, it should state, 34 "Cousineau was asked if to recommend a Chair should be selected and...." On page 35 four, line 25, it should state, "...staff to prepare..." On page four, line 27, it should state, 36 "...district; amending district, amending..." On page 4, line 37, it should state, "...and 37 staff..." On page five, line 1, it should state, "he" instead of "him..." On page five, line 38 43, it should state, "He stated that in regarding to regarding the October 28th meeting..." 39 40 Moved by Anderson, seconded by Cousineau, to approve the October 20, 2015 regular 41 City Council meeting minutes as amended. Motion passed unanimously. 42 43 V. CONSENT AGENDA (7:05 p.m.) 44 45 A. Approve Monthly siren Maintenance Contract Renewal with Embedded 46 Systems, Inc. 47 B. Approve 2016 Engagement Letter with BerganKDV 48 C. Approve 2016 Rates with Kennedy & Graven Chartered 49 D. Approve 2016 Rates with WSB & Associates, Inc. 50 E. Approve 2016 Rates with Tallen and Baertschi 51 F. Appoint Joshua McKinley to Police Officer Position Medina City Council Meeting Minutes 1 November 4, 2015 1 G. Resolution No. 2015-94 Requesting Conveyance of Tax -Forfeited Land 2 Mitchell asked to remove Item F from the Consent Agenda for further discussion. 3 4 Moved by Anderson, seconded by Pederson, to approve the consent agenda. Motion 5 passed unanimously. 6 7 F. Appoint Joshua McKinley to Police Officer Position 8 Mitchell asked for clarification on the mention of the applicant working in Buffalo and 9 received confirmation that the applicant worked in Buffalo, Minnesota. 10 11 Belland provided additional information on the career path of Joshua McKinley, who 12 previously worked for the City for two years as a Community Service Officer. Belland 13 stated that McKinley is a well -liked and hard-working individual and is happy to have an 14 open position to welcome him back into. 15 16 Mitchell asked if this hire would bring the department back to the right level of staffing. 17 18 Belland stated that this position will help the currently short-staffed department, noting 19 that two people are currently out on medical leave. 20 21 Moved by Cousineau, seconded by Pederson, to approve the appointment of Joshua 22 McKinley to Police Officer position effective November 16, 2015. Motion passed 23 unanimously. 24 25 VI. COMMENTS (7:11 p.m.) 26 27 A. Comments from Citizens on Items not on the Agenda 28 There were none. 29 30 B. Park Commission 31 Scherer reported that the Park Commission will meet on the November 18th and did not 32 meet the previous month. 33 34 C. Planning Commission 35 Finke reported that the Planning Commission will not hold a meeting this month due to 36 lack of business. He stated that the Commission will join the Council in a joint session 37 on December 1st. He welcomed everyone to attend the Comprehensive Plan visioning 38 session on Monday at 6:30 p.m. in the Police and Public Works facility at 600 39 Clydesdale Trail. 40 41 VII. OLD BUSINESS 42 43 A. Ordinance No. 590 Regarding Exterior Building Materials in the Rural 44 Commercial and Business Holding Districts; Amending Chapter 8 of the 45 City Code (7:12 p.m.) 46 Pederson recused himself from the discussion. 47 48 Finke stated that the Council previously discussed this item at their last meeting but 49 wanted additional amendment regarding the building size limitation of 12,000 SF, noting 50 that change had been made as directed. 51 Medina City Council Meeting Minutes 2 November 4, 2015 I Moved by Martin, seconded by Anderson, to adopt Ordinance No. 590 Regarding 2 Exterior Building Materials in the Rural Commercial and Business Holding Districts; 3 Amending Chapter 8 of the City Code. Motion passed unanimously. 4 5 1. Resolution No. 2015-95 Authorizing Publication of the Ordinance 6 by Title and Summary 7 Moved by Martin, seconded by Anderson, to adopt Resolution No. 2015-95 Authorizing 8 Publication of Ordinance No. 590 by Title and Summary. Motion passed unanimously. 9 10 B. Medina Mini Storage Expansion (7:13 p.m.) 11 Pederson recused himself from the discussion. 12 13 Sparks presented an application for a Site Plan review for the property located at 4790 14 Rolling Hills Road, Medina Mini Storage. He noted that while the parcel is 18 acres in 15 size the site is presently only occupied in a small portion of the property by the mini 16 storage facility. He stated that in 1995 the site received a Conditional Use Permit (CUP), 17 noting that numerous buildings were proposed for the site. He stated that the applicant 18 is not proposing to expand to that capacity but would like to build two additional buildings 19 and one additional building in the future. He provided an overview of the proposed 20 buildings including size and proposed design, including modulation, and screening. He 21 provided information on the current drive aisles and the recommendation from the Fire 22 Marshal in regard to the paving and turn around area that would accommodate an 23 emergency vehicle. He reviewed the recommendations from the Planning Commission 24 and reviewed some proposed changes including the type of tree to be planted. 25 26 Martin asked for additional information in regard to the easements. 27 28 Sparks stated that the wetland buffer is being expanded and will be placed under 29 easement. 30 31 Martin referenced the right-of-way in the drawing that shows the site exits onto Rolling 32 Hills Road and asked if the right-of-way for the site matches the right-of-way for the 33 roadway. 34 35 Sparks provided additional clarification on the right-of-way location. 36 37 Martin asked if the current width for the roadway is sufficient. 38 39 Sparks stated that he believed it would be sufficient and confirmed that the only 40 easement needs would be for the storm water and wetland buffers. 41 42 Cousineau referenced the drive aisle widths and asked if there would be a way to make 43 a horseshoe behind the buildings to provide the turnaround area, noting that there is 44 sufficient space between buildings one and two. 45 46 Sparks provided additional information highlighting the paved area, which does continue 47 behind the buildings. 48 49 Mitchell also asked staff to ensure the width of Rolling Hills Road is sufficient for future 50 use. He asked and received confirmation that this plan is still consistent with the original 51 CUP. Medina City Council Meeting Minutes 3 November 4, 2015 1 2 Sparks stated that because the plans meet the terms and does not go beyond or 3 renegotiate the terms of the CUP, the CUP would not need to be amended and only the 4 Site Plan would be necessary. 5 6 Mitchell asked if there is a possibility for future development on the site. 7 8 Sparks stated that it would be difficult because of the sloping of the site. 9 10 Mitchell stated that perhaps the CUP should be amended to show that this will be the 11 complete build out once the third building is completed. 12 13 Martin asked if the original CUP addressed the possibility of an office in the future and 14 the specification that if an office were added, then sewer and water connection would 15 need to occur. 16 17 Sparks explained that any expansion of that nature would have to be in accordance with 18 the urban service staging and would require a CUP amendment or an amendment to the 19 site, noting that a parking requirement would also be triggered. He confirmed that use 20 would trigger a review by the City. 21 22 Dave Nash, project engineer, stated that he is present to address questions and will 23 continue to work with staff on the drive aisle. 24 25 Martin referenced the condition regarding the tree species and noted that she would be 26 happy with what is proposed by the applicant to use non-native species. 27 28 Moved by Martin, seconded by Anderson, to direct staff to prepare a resolution 29 approving the Site Plan Review subject to the conditions recommended by the Planning 30 Commission, amending condition four to state "evergreen species shall be as specified 31 by the applicant, unless otherwise requested by staff', condition eight would require 32 appropriate wetland buffer and drainage and utility easements necessary to support the 33 development, and condition nine would require execution of development agreement. 34 Motion passed unanimously. 35 36 Pederson rejoined the Council. 37 38 VIII. CITY ADMINISTRATOR REPORT (7:37 p.m.) 39 Johnson reported that November 16th from 7:00 to 9:00 p.m. the Pioneer Sarah Creek 40 Watershed will hold a community conversation on water quality issues at Independence 41 City Hall. 42 43 IX. MAYOR & CITY COUNCIL REPORTS (7:38 p.m.) 44 No comments. 45 46 X. APPROVAL TO PAY THE BILLS (7:38 p.m.) 47 Moved by Anderson, seconded by Cousineau, to approve the bills, EFT 003373E- 48 003388E for $53,112.65, order check numbers 043523-043576 for $136,928.60 and 49 payroll EFT 506724-506748 for $45,114.97. Motion passed unanimously. 50 Medina City Council Meeting Minutes 4 November 4, 2015 1 XI. ADJOURN 2 Moved by Martin, seconded by Anderson, to adjourn the meeting at 7:38 p.m. Motion 3 passed unanimously. 4 5 6 7 Bob Mitchell, Mayor 8 Attest: 9 10 11 Scott Johnson, City Administrator Medina City Council Meeting Minutes 5 November 4, 2015 LABOR AGREEMENT BETWEEN LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL #36) AND THE CITY OF MEDINA G , T v � //IIrk: MEDINA JANUARY 1, 2016 THROUGH DECEMBER 31, 2016 TABLE OF CONTENTS ARTICLE 1. PURPOSE OF AGREEMENT 1 ARTICLE 2. RECOGNITION 1 ARTICLE 3. DEFINITIONS 1 ARTICLE 4. EMPLOYER SECURITY 2 ARTICLE 5. EMPLOYER AUTHORITY 2 ARTICLE 6. UNION SECURITY 3 ARTICLE 7. GRIEVM4CE PROCEDURE 3 ARTICLE 8. SAVINGS CLAUSE 5 ARTICLE 9. SENIORITY 6 ARTICLE 10. DISCIPLINE 6 ARTICLE 11. WORK SCHEDULE 7 ARTICLE 12. HOLIDAY LEAVE 7 ARTICLE 13. VACATION 8 ARTICLE 14. SICK LEAVE 9 ARTICLE 15. INJURY -ON -DUTY LEAVE 10 ARTICLE 16. DISABILITY LEAVE 11 ARTICLE 17. FUNERAL LEAVE 12 ARTICLE 18. INSURANCE 12 ARTICLE 19. HEALTH CLUB MEMBERSHIP 13 ARTICLE 20. UNIFORMS 13 ARTICLE 21. WAGES 13 ARTICLE 22. OVERTIME 13 ARTICLE 23. COURT TIME 14 ARTICLE 24. STANDBY 14 ARTICLE 25. CALL BACK TIME 14 ARTICLE 26. COMPENSATORY TIME 15 ARTICLE 27. P.O.S.T. LICENSE FEE AND TRAINING 15 ARTICLE 28. EDUCATION REIMBURSEMENT 15 ARTICLE 29. RESIGNATION 15 ARTICLE 30. PART-TIME EMPLOYEES 16 ARTICLE 31. WAIVER 16 ARTICLE 32. DURATION 16 APPENDIX A - WAGES 18 ARTICLE 1. PURPOSE OF AGREEMENT 1.1 This AGREEMENT is entered into between the CITY OF MEDINA, hereinafter called the EMPLOYER, and LAW ENFORCEMENT LABOR SERVICES, INC. (Local #36), hereinafter called LELS. It is the intent and purpose of this AGREEMENT to: 1.1.1. Establish procedures for the resolution of disputes concerning this AGREEMENT's interpretation and/or application; and 1.1.2. Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE 2. RECOGNITION 2.1 The EMPLOYER recognizes LELS as the exclusive representative for the following appropriate unit: All sworn law enforcement officers of the City of Medina Police Department whose employment service qualifies them as "public employees" under Minn. Statute. § 179A.03, subd. 14, excluding confidential, supervisory, and all other employees. 2.2 In the event the EMPLOYER and LELS are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue will be submitted to the Bureau of Mediation Services for determination. ARTICLE 3. DEFINITIONS 3.1 LELS: Law Enforcement Labor Services, Inc. (Local #36). 3.2 LELS MEMBER: A member of Law Enforcement Labor Services, Inc. (Local #36). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The CITY OF MEDINA POLICE DEPARTMENT. 3.5 EMPLOYER: The CITY OF MEDINA. 3.6 CHIEF: The CHIEF OF POLICE of the MEDINA POLICE DEPARTMENT. 3.7 LELS OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Inc., (Local #36). 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the EMPLOYEE's scheduled shift. 3.9 REST BREAKS: Periods during the scheduled shift during which the EMPLOYEE remains on continual duty and is responsible for assigned duties. 3.10 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the EMPLOYEE remains on continual duty and is responsible for assigned duties. 3.11 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.12 PROBATIONARY PERIOD: A period of one (1) year from the date of employment or promotion. 3.13 "WILL": The use of the word "will" in this agreement has the same meaning and legal interpretation as the word "shall". ARTICLE 4. EMPLOYER SECURITY 4.1 LELS agrees that during the life of this AGREEMENT, LELS will not cause, encourage, participate in or support any strike, slow -down, or other interruption of or interference with the normal function of the EMPLOYER. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, equipment and uniforms; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT will remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE 6. UNION SECURITY 6.1 The EMPLOYER will deduct from the wages of employees who authorize such a 2 deduction in writing an amount necessary to cover monthly LELS dues. Such monies will be remitted as directed by LELS. 6.2 LELS agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of 6.1. 6.3 LELS may designate EMPLOYEES from the bargaining unit to act as a Steward and an alternate and will inform the EMPLOYER in writing of such choice and changes in the position of Steward and/or alternate. 6.4 The EMPLOYER will make space available on the EMPLOYER bulletin board for posting LELS notice(s) and announcements. ARTICLE 7. GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION REPRESENTATIVE. The EMPLOYER will recognize representatives designated by LELS as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. LELS will notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated as provided by 6.3 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE. The processing of grievances is limited by the job duties and responsibilities of the EMPLOYEES and will therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and LELS representative will be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the LELS Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 PROCEDURE. Grievances, as defined by Article 7.1, will be resolved in conformance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT will, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to 3 the Chief. The Chief will discuss and give an answer to such Step 1 grievance in writing within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 will be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and will be appealed to Step 2 within ten (10) calendar days the Chief s final answer in Step 1. Any grievance not appealed in writing to Step 2 by LELS within ten (10) calendar days will be considered waived. Step 2. If appealed, the written grievance will be presented to and discussed with the Chief by LELS. A copy of the written grievance will also be mailed by LELS to the Employer's Public Safety Commissioner. The Chief will give LELS the EMPLOYER's Step 2 answer in writing within ten (10) calendar days after receipt of such step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days will be considered waived. Step 3. If appealed, the written grievance will be presented by LELS and discussed with the Medina City Council. The Medina City Council will give LELS the EMPLOYER's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Medina City Council's final answer in Step 3. Any grievance not appealed in writing to Step 4 by LELS within ten (10) calendar days will be considered waived. Step 3A. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves time lines for Step 4 of the grievance procedure. Step 4. A grievance unresolved in Step 3 or Step 3A and appealed to Step 4 by LELS will be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator will be made in accordance. With the "Rules Governing the Arbitration of Grievances," as established by the Bureau of Mediation Services. 7.5 ARBITRATOR'S AUTHORITY. 7.5.1 The arbitrator will have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator will consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and LELS, and will have no authority to make a decision on any issue not so submitted. The arbitrator will be without power to make decisions 4 contrary to, or inconsistent with, or modifying, or varying in any way the application of laws, rules, or regulations having the force and effect of law. The decision will be binding on both the EMPLOYER and LELS and will be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. 7.5.2 The arbitrator's decision will be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. 7.5.3 The fees and expenses of the arbitrator's services and proceedings will be borne equally by the EMPLOYER and LELS provided that each party will be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost will be shared equally. 7.6 WAIVER or If a grievance is not presented within the time limits set forth above, it will be considered "waived." If a grievance is not appealed to the next step within the specified time limit any agreed extension thereof it will be considered settled on the basis of the EMPLOYER's last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, LELS may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and LELS in each step. ARTICLE 8. SAVINGS CLAUSE 8.1 This AGREEMENT is subject to applicable Federal and State Law. In the event any provision of this AGREEMENT will be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions will be voided. All other provisions of this AGREEMENT will continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 9. SENIORITY 9.1 Seniority will be determined by the EMPLOYEE's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be determined by the CHIEF on the basis of time in grade and time within specific classifications. 5 9.2 All newly -hired, re -hired, and promoted EMPLOYEES will serve a twelve 12 month probationary period. During the probationary period, a newly -hired or re -hired EMPLOYEE may be discharged, with or without cause, at the sole discretion of the EMPLOYER. During the probationary period, a promoted or reassigned EMPLOYEE may, at the EMPLOYEE's discretion, seek reinstatement to their previous position. The EMPLOYER may, during the probationary period, place a promoted or reassigned EMPLOYEE in their previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Written notification of lay-off will be by mail (certified/return-receipt requested) no less than two (2) calendar weeks before lay-off is to take effect. EMPLOYEES will have the right to be recalled in the reverse order of lay-off for two consecutive years after lay-off. An EMPLOYEE on layoff will have an opportunity to return to work within two years of the time of the lay-off before any new employee is hired. EMPLOYEES on lay-off notified by mail (certified/return-receipt requested) to return to work must return within two (2) calendar weeks after notification or forfeit recall rights. EMPLOYEES must be licensed or eligible to be licensed at the time of recall or forfeit any and all rights to return to work. The EMPLOYER will provide an updated list of available classes to laid -off EMPLOYEES upon request. 9.4 Seniority will be the determining criterion for promotion and transfer when all job -related qualifications of EMPLOYEES are equal. ARTICLE 10. DISCIPLINE 10.1 The EMPLOYER will discipline non -probationary EMPLOYEES for just cause only. Discipline will be in one or more of the following forms: a. Oral Reprimand; or b. Written Reprimand; or c. Suspension; or d. Demotion; or e. Discharge. 10.2 Suspensions, demotions, and discharges will be in written form and grievances involving such discipline will be initiated in Step 3 of the grievance procedure. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an EMPLOYEE's personnel file will be read and acknowledged by signature of the EMPLOYEE. EMPLOYEES and LELS will receive a copy of such reprimands and/or notices. 10.4 EMPLOYEES may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 6 ARTICLE 11. WORK SCHEDULE 11.1 The normal work year will be two -thousand eighty (2,080) hours to be accounted for by each EMPLOYEE through: a. Hours worked on assigned shifts; b. Holidays; C. Training assigned by the EMPLOYER; d. Authorized leave time. 11.2 Nothing contained in this or any other Article will be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign EMPLOYEES. ARTICLE 12. HOLIDAY LEAVE 12.1 Full-time EMPLOYEES will receive ninety-six (96) hours compensatory holiday hours in the normal work year. Holidays include: New Year's Day Columbus Day Martin Luther King Day Veterans Day Presidents' Day Thanksgiving Memorial Day Friday after Thanksgiving Independence Day Christmas Labor Day One (1) personal holiday 12.2 EMPLOYEES will take holiday time at their request, upon mutual consent of the EMPLOYEE and the EMPLOYER. 12.3 Compensatory time under Article 12 will be governed by the compensatory time provisions of this Agreement. See Article 26. 12.4 If EMPLOYEES work any of the following eleven (11) holidays at the direction of the EMPLOYER, they will be paid at one and one-half (1 %z ) times their normal rate of pay for those hours worked: New Year's Day Columbus Day Martin Luther King Day Veterans Day Presidents' Day Thanksgiving Memorial Day Friday after Thanksgiving Independence Day Christmas Labor Day 7 12.5 Overtime hours worked on any of the Holidays listed in 12.4, will be paid at two times the employees normal rate of pay. ARTICLE 13. VACATION 13.1 Full-time EMPLOYEES will accrue vacation at the following rate: 0-5 years continuous service: 6-1 0 years continuous service: 11 years continuous service: 12 years continuous service: 13 years continuous service: 14 years continuous service: 15 years continuous service: 20 years Continuous service: 80 hours per year. 120 hours per year 128 hours per year. 136 hours per year. 144 hours per year. 152 hours per year. 160 hours per year 200 hours per year 13.2 The Vacation year will be from the date employed through the day before the anniversary date of employment. Vacation time may be used at any time after accrual during the vacation year and at any time before the end of the EMPLOYEE'S following vacation year. An EMPLOYEE may carry over up to one hundred twenty (120) hours of vacation every calendar year. Any accrued and carried over vacation time must be used within the following calendar year and will not be counted in calculating any subsequent vacation carry over. Pay will not be granted in lieu of vacation. Any accrued, unused vacation not eligible for carry over will be lost. 13.3 EMPLOYEES will accrue vacation during the probationary period, but will not be eligible to use accrued vacation until completion of six (6) months of the probationary period. 13.4 EMPLOYEES may take vacation only with specific scheduled permission of the EMPLOYER. 13.5 Vacation period(s) requested for any part of a calendar year will be awarded on the basis of seniority until March 31 st of each year. The CHIEF, or assigned designee, will be responsible for scheduling vacations. 13.6 Vacation will be calculated on the basis of actual length of time of the assigned shift. EMPLOYEES using accrued vacation or sick leave will be considered working for the purpose of accumulating additional vacation leave. 13.7 EMPLOYEES voluntarily leaving the service of the EMPLOYER will be compensated for vacation leave accrued and unused. 13.8 The estate of an EMPLOYEE who dies while employed by the EMPLOYER will be compensated for vacation leave accrued and unused. 8 ARTICLE 14. SICK LEAVE 14.1 Full-time EMPLOYEES hired prior to January 1, 2012 will earn sick leave at the rate of eight (8) hours per calendar month worked, until EMPLOYEES have accumulated seven hundred twenty (720) hours maximum accumulation. Amounts accumulated in excess of seven -hundred twenty (720) hours may be accrued for purposes of payment as specified in Article 14.5. 14.2 Sick leave will be used only in case of actual illness or injury which prevents the EMPLOYEE from working, or for the necessary care of the EMPLOYEE's child as defined in Mimi. Stat. § 181.9413, subd. (a) & (b). To be eligible for paid sick leave, an EMPLOYEE will notify the Department two (2) hours prior to the starting time of the scheduled shift. Such notice may be waived by the Chief of the EMPLOYEE could not reasonably be expected to comply due to the circumstances of illness or injury. If the EMPLOYEE is absent three (3) consecutive working days or longer, or if the EMPLOYER has reasonable cause to believe that sick leave benefits under this provision are being abused, the Chief may request and the EMPLOYEE must provide the statement of a doctor to verify that there is an illness or injury which prevents the EMPLOYEE from working or which requires the care of the EMPLOYEE's child. 14.3 An EMPLOYEE voluntarily leaving employment, after giving the EMPLOYER proper notice of termination of employment, after four (4) or more years of continuous full-time police service with the EMPLOYER will be paid at his/her base rate of pay one third (1/3) of his/her accumulated sick leave hours. 14.4 An EMPLOYEE hired prior to January 1, 2012 voluntarily leaving employment with 20 or more years of service with the EMPLOYER, after giving the EMPLOYER proper notice of termination of employment will have the following options in regard to accrued sick leave below the seven hundred twenty (720) hour cap: A. Receive payment from the EMPLOYER for one half ('/z) of all accrued sick leave at his/her base rate of pay. B. Place any accrued sick leave into the retirement insurance fund as outlined in Article 14.5. EMPLOYEES choosing to participate in the retirement health insurance program, without exigent circumstances, must provide the EMPLOYER with (90) days notice of termination to receive this benefit. 14.5 An EMPLOYEE hired prior to January 1, 2012 may accumulate seven hundred twenty (720) hours of sick leave. For sick leave accumulated in excess of seven hundred twenty (720) hours, the EMPLOYEE will have the following options: A. Bank the hours in a fund established by the EMPLOYER for the purpose of retirement health insurance premiums. All hours placed into the fund will be 9 credited at 100%, and converted to a monetary value by using the EMPLOYEE'S wage for that year. B. Receive payment from the EMPLOYER of the accrued hours at one third (1/3) his/her base rate of pay at the end of the calendar year. Sick leave will be charged off only for those hours that would normally have been worked. 14.6 EMPLOYEES beginning employment with the Medina Police Department after January 1, 2012 will earn sick leave at the rate of eight (8) hours per calendar month worked and shall not bank sick leave over nine hundred sixty (960) hours. An EMPLOYEE leaving voluntarily, with four or more years of service with the city after giving the City fourteen (14) calendar day notice of termination of employment will be paid at his/her base rate of pay one third (1/3) of his/her accumulated sick leave hours. An EMPLOYEE leaving employment voluntarily with twenty (20) or more years of service with the City will have one of the two following options in regard to accrued sick leave: A. After giving the City at least fourteen (14) calendar days' notice of termination of employment, receive payment from the City for 50% of accrued sick leave at the EMPLOYEE's base rate of pay at the time of termination. B. After giving the City at least fourteen (14) calendar days' notice of termination of employment, place 50% of accrued sick leave at the EMPLOYEE's base rate of pay at the time of termination into a fund established by the EMPLOYER for the purpose of retirement health insurance premiums. ARTICLE 15. INJURY -ON -DUTY LEAVE 15.1 An EMPLOYEE who is unable to work due to a job related injury or sickness and who qualifies for Workers' Compensation will be eligible for INJURY -ON -DUTY LEAVE. The EMPLOYER will compensate the EMPLOYEE's full normal salary for the initial waiting period set forth in Minn. Stat. § 176.121. Such compensation by the EMPLOYER will not be deducted from any of the EMPLOYEE's accumulated benefits. In the event Worker's Compensation subsequently provides payment for this waiting period, such payment will be reimbursed to the EMPLOYER in order to avoid double payment to the EMPLOYEE. 15.2 In addition to the provisions Set forth in Article 15.1, an EMPLOYEE found eligible for INJURY -ON -DUTY LEAVE will receive supplementary payments from the EMPLOYER equal to the difference between the total amount of all other EMPLOYER injury related benefits (i.e., Worker's Compensation, pension disability benefits) and the EMPLOYEE's normal net rate of pay (i.e., pension disability benefits) and the 10 EMPLOYEE's normal net rate of pay (i.e., after subtraction of Federal and State tax withholding and retirement contributions) for a maximum of ninety (90) consecutive calendar days. Such supplementary payments will not be charged against the EMPLOYEE's accrued sick leave. Thereafter, an EMPLOYEE may elect to be paid such supplementary payments (as defined above) for a benefit not to exceed the EMPLOYEE's maximum hours of accrued vacation and sick leave. 15.3 INJURY -ON -DUTY LEAVE will extend for a maximum of ninety (90) consecutive calendar days following the date of Worker's Compensation eligibility, plus the period of any accrued vacation and sick leave during which the EMPLOYEE elects to be paid supplementary payments as provided in Article 15.2. The EMPLOYER may require the injured EMPLOYEE to be examined by a physician selected by the EMPLOYER in order to determine whether the EMPLOYEE is able to return to work pursuant to the provisions of Article 15.4. 15.4 An EMPLOYEE who elects to supplement INJURY -ON -DUTY payments with accrued sick and vacation leave will continue to accrue benefits until sick and vacation leave are exhausted. Once sick and vacation leave are exhausted, or if the EMPLOYEE has elected not to supplement payments under this Article with accrued sick and vacation leave, no benefits will accrue to an EMPLOYEE when on INJURY -ON -DUTY LEAVE except that the EMPLOYER will continue to contribute to the medical insurance premiums of the EMPLOYEE to the same extent as if the EMPLOYEE was not on INJURY -ON - DUTY LEAVE. ARTICLE 16. DISABILITY LEAVE 16.1 Disability is defined as the inability of an EMPLOYEE to perform substantially all the duties of his/her position. An EMPLOYEE will be entitled to a leave of absence without pay for up to one year if s/he is disabled as a result of a non -work related injury, illness, or disability. The EMPLOYEE must request leave in advance, except in an emergency. The leave will be granted by the EMPLOYER, upon recommendation of the Police Chief. Where leave of absence without pay is granted for disability of any nature, an EMPLOYEE's accrued, unused sick leave must be exhausted prior to requesting and being granted the period of leave of absence. The EMPLOYER may require the opinion of the EMPLOYEE's doctor that the EMPLOYEE is disabled, and may require the EMPLOYEE to be examined by a doctor selected by the EMPLOYER in order to verify the disability. At the end of the leave of absence period, the EMPLOYEE, if able to return to work, will be reinstated to h/h original job, status, and pay, without loss of seniority. The EMPLOYER may require medical certification stating that the EMPLOYEE is to be examined by a doctor selected by the EMPLOYER in order to verify that the EMPLOYEE is fully able to return to work. No benefits will accrue to any EMPLOYEE when on disability leave of absence without pay, except that the City will Continue to contribute to the medical insurance premiums of the EMPLOYEE to the same extent as if the EMPLOYEE was not on disability leave. 11 ARTICLE 17. FUNERAL LEAVE 17.1 Paid funeral leave will be granted, if requested, to all full-time employees for a maximum of five (5) days for death of an employee's spouse, child, father, or mother, and for three (3) days for the death of a brother, sister, grandparent, grandchild, current spouse's mother or father, grandparents of current spouse, siblings of current spouse, spouses of employee siblings, son-in-law, daughter-in-law, step-parent, step -children, step - grandparents, step -grandchildren, step -sister, step -brother, or legal guardian. 17.2 Additional days of funeral leave may be requested to and approved by the City Administrator, taken as needed and charged to accrued sick leave. If sick time is not available, the time may be taken from accrued vacation leave, or as unpaid time, all of which must be approved by the City Administration. 17.3 Full-time employees may also request up to two (2) days of accrued sick leave for the death of non -immediate related family members (related by blood or marriage). If sick leave is not available, the time may be taken from accrued vacation leave or as unpaid time, all of which must be approved by the City Administrator. 17.4 For non -related persons, full-time and part-time employees may request accrued vacation time, which must be approved by the City Administrator. ARTICLE 18. INSURANCE 18.1 Effective January 1, 2016, the EMPLOYER will contribute 100% of the premium for full-time employees electing single coverage on any plan. The EMPLOYER will contribute 100% of the premium for full-time employees electing single dental coverage. The EMPLOYER will contribute no less than 50% 100% of the annual single deductible for both the HRA and HSA option. The EMPLOYER will contribute 100% of the premium up to $1,753.00 per month for family coverage premiums and will contribute 100% of the premium up to $1,416.50 per month for Employee + Spouse or Employee + Child(ren) coverage premiums for full-time Employees. The EMPLOYER will contribute no less than 50% of the annual deductible for all other HRA and HSA options. For 2016, in the event the monthly premiums exceed the EMPLOYER'S contribution, the increase will be paid by the EMPLOYEE. The EMPLOYER will contribute no less than $122.95 per month for full-time EMPLOYEES selecting family dental coverage. 18.2 The EMPLOYER will provide a life insurance policy for each full-time EMPLOYEE with coverage of $50,000. The full cost of the premium will be paid by the EMPLOYER. 18.3 An EMPLOYEE will have the option to convert accrued sick time to pay the premium for 12 Long Term Disability. The tax on the premium will continue to be taken from the EMPLOYEE's paycheck in order to satisfy the IRS requirements. 18.4 In the event the health insurance provisions of this Agreement fail to meet the requirements of the Affordable Care Act and its related regulations or cause the EMPLOYER to be subject to a penalty, fine or additional tax liability, the Union and the Employer will meet promptly to bargain over alternative provisions. ARTICLE 19. HEALTH CLUB MEMBERSHIP 19.1 An EMPLOYEE will receive up to twenty-five ($25.00) per month toward a health club membership, which will be reimbursed at the end of the year. ARTICLE 20. UNIFORMS 20. 1 The EMPLOYER will provide full-time EMPLOYEES with an annual uniform allowance of eight hundred fifty dollars ($850) in 2014 and 2015. 20.2 The uniform allowance will be paid on a voucher system. The investigator(s) and the drug taskforce member will have the choice to take their uniform allowance in a form of a check at the beginning of the year. This will be a taxed item to comply with the IRS regulations. 20.3 EMPLOYEES may utilize up to one hundred dollars ($100.00) of their clothing allowance per year for the purpose of dry cleaning the EMPLOYER -authorized work uniform. ARTICLE 21. WAGES 21.1 EMPLOYEES will be paid in accordance with the wage schedule attached to this AGREEMENT entitled: APPENDIX "A". APPENDIX "A" will be considered part of this AGREEMENT. For 2014, APPENDIX A will be increased 2%, if other employees' wages are increased more than a 2% COLA, APPENDIX A will be increased by the same amount. For 2015, APPENDIX A will be increased 2%, if other employees' wages are increased more than a 2% COLA, APPENDIX A will be increased by the same amount. ARTICLE 22.OVERTIME 22. 1 EMPLOYEES specifically directed by the EMPLOYER to work in excess of the EMPLOYEE's scheduled shift will be paid at a rate of one and one half (1 %) times the EMPLOYEE's base rate of pay. 13 22.2 EMPLOYEES, who at the direction of the EMPLOYER, are scheduled to work more than 2,080 hours in a calendar year will be paid at a rate of one and one-half (1 %2 ) times the EMPLOYEE's base rate of pay. 22.3 EMPLOYEES may switch shifts with other EMPLOYEES with prior approval of the Chief. Shift switching does not qualify an EMPLOYEE for overtime. 22.4 Overtime will be distributed as equally as practicable. 22.5 Overtime refused by EMPLOYEES will be for record purposes under Article 22.4 considered as unpaid overtime worked. 22.6 For the purpose of computing overtime compensation, overtime hours worked will not be pyramided, compounded, or paid twice for the same hours worked. 22.7 Overtime will be calculated to the nearest fifteen (15) minutes. 22.8 EMPLOYEES have the obligation to work overtime or call-backs if requested by the EMPLOYER unless unusual circumstances prevent the EMPLOYEE from so working. ARTICLE 23. COURT TIME 23.1 EMPLOYEES who are required to appear in Court during their scheduled off -duty time will receive a minimum of three (3) hour's pay at one and one-half(1 %2) times the EMPLOYEE's base pay rate. An extension or early report to a regularly -scheduled shift for Court appearance does not qualify the EMPLOYEE for the three (3) hours minimum. ARTICLE 24. STANDBY 24. 1 EMPLOYEES required by the EMPLOYER to standby will be paid for such standby time at the rate of one (1) hour' s pay for each hour on standby. ARTICLE 25. CALL BACK TIME 25. 1 EMPLOYEES who are called to duty during their scheduled off -duty time will receive a minimum of two (2) hour's pay at one and one-half (1 %2 ) times the EMPLOYEE' base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the EMPLOYEE for the two (2) hour's minimum. ARTICLE 26. COMPENSATORY TIME 26.1 In lieu of payment for overtime, holiday leave, call back, court time, or standby time, and 14 with the prior approval of the Chief, EMPLOYEES may elect to take compensatory time, at the applicable rate. 26.2 Compensatory time earned must be taken by the EMPLOYEE as soon as practicable. EMPLOYEES will request compensatory time off and the EMPLOYER will permit EMPLOYEES to use such time off within a reasonable period after the EMPLOYEE makes the request provided such use does not unduly disrupt the operations of the Police Department. Requests for compensatory time off will only be denied when to grant the request would impose an unreasonable burden on the Police Department's ability to provide services of acceptable quality and quantity for the public during the time requested without the use of the EMPLOYEE's services. 26.3 EMPLOYEES who accumulate more than eighty (80) hours of compensatory time in the "bank" of compensatory time will be paid in cash for any time in excess of eighty (80) hours. ARTICLE 27. P.O.S.T. LICENSE FEE AND TRAINING 27.1 The EMPLOYER shall afford paid time for employees to obtain the Police Officer Standards Training (P.O.S.T.) annually. The EMPLOYER shall pay for training each year, including license fees, tuition, and meals. Meals will be paid up to fifteen dollars ($15.00) for a single training day and up to thirty-five dollars ($35.00) a day if required to stay overnight. ARTICLE 28. EDUCATION REIMBURSEMENT 28.1 The EMPLOYER shall pay EMPLOYEE reimbursement of approved continued education per the City's Personnel Policies Section 5.80 Continuing Education Program. ARTICLE 29. RESIGNATION 29.1 Any EMPLOYEE wishing to leave municipal service in good standing will file with the supervisor, at least fourteen (14) days before leaving, a written resignation stating the effective date of the resignation. Failure to comply with this procedure may be considered cause for denying terminal leave benefits. Unauthorized absence from work for a period of three (3) consecutive working days may be considered by the supervisor as a resignation without such benefits. ARTICLE 30. PART-TIME EMPLOYEES 30.1 Part-time EMPLOYEES will receive the same benefits as other part-time City EMPLOYEES as set forth in the City's Personnel Policy. Part-time EMPLOYEES are not eligible for one and one-half (1 '/z ) times normal pay for holidays worked as set forth in Article 12.4. 15 30.2 Part-time EMPLOYEES will be compensated at wage rates set forth for part-time EMPLOYEES in the Appendix "A." attached to this AGREEMENT. ARTICLE 31. WAIVER 31.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment to the extent inconsistent with the provision of this AGREEMENT, are hereby superseded. 31.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and LELS each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 32. DURATION 32.1 This AGREEMENT will be effective as of January 1, 2014, and will remain in full force and effect until the 31 st day of December, 2015. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT indicated below. FOR THE CITY OF MEDINA: LAW ENFORCEMENT LABOR SERVICES, INC. DATE: DATE: DATE: DATE: 16 APPENDIX A Al. WAGES EFFECTIVE 1-1-2016 HOURLY RATE: STEP 1 - Start STEP 2 - After 1 Year of Continuous Service STEP 3 - After 2 Years of Continuous Service STEP 4 - After 3 Years of Continuous Service STEP 5 - After 4 Years of Continuous Service $23.59 $26.53 $29.44 $32.30 $35.24 A2. Part-time EMPLOYEES will be compensated at a wage rate equal to or greater than Step 1 above. Nothing in Appendix "A" will constrain the EMPLOYER from hiring a Part- time EMPLOYEE at any step in the wage schedule. A3. Nothing in Appendix "A" will constrain the EMPLOYER from hiring an EMPLOYEE at any step in the wage schedule. A4. The City will pay Investigators/Drug Task Force Officers an additional two hundred ($200.00) per month (or give eight hours of compensatory time for every week on call) for officers assigned to these positions. A5. The City will reimburse all full-time EMPLOYEES for travel and meals in accordance with the City's Personnel Policies Section 8.40 Travel and Meal Reimbursement. 17 Agenda Item # 5B Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2015- RESOLUTION APPROVING A SITE PLAN REVIEW FOR HIGHWAY 55 RENTAL PORTABLE STORAGE TO CONSTRUCT THREE MINI STORAGE BUILDINGS AT 4790 ROLLING HILLS ROAD WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Highway 55 Rental Portable Storage, LLC (the "Applicant") owns approximately 18 acres of property within the City located at 4790 Rolling Hills Road ("the Property"); and WHEREAS, the Property is legally described as: That part of Government Lot 1, Section 4, Township 118, Range 23, lying north of State Highway No. 55, except that part of the east 380 feet of the west 778 feet as measured at right angles of said Government Lot 1 lying south of the north 300 feet thereof, as measured at right angles. WHEREAS, the Property is currently occupied by a single mini -storage building; and WHEREAS, the Applicant has made an application for a site plan review for the construction of a three additional buildings on the Property; and WHEREAS, in 1995 the City granted a conditional use permit for this use which was subsequently amended in 1996; and WHEREAS, the Planning Commission reviewed the application on October 13, 2015 and recommended approval to the City Council, subject to certain terms and conditions; and WHEREAS, the City Council reviewed the application at the November 4, 2015 meeting and reviewed the recommendation of the Planning Commission and city staff report and attached materials; and WHEREAS, the City Council makes the following findings of fact for the Site Plan: 1. The proposed site and building plan is generally consistent with the requirements of the RBH, Rural Business Holding District. 2. The proposed site plan is generally consistent with the approved conditional use permit for the Property. 3. The proposed site and building plan is generally consistent with the Comprehensive Plan. Resolution No. 2015- November 17, 2015 NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby approves the proposed Site Plan with the following conditions: 1. Building elevations for building #3 shall be provided and depict conformance to the zoning ordinance. 2. All comments from the City Engineer shall be addressed. 3. A lighting plan and photometric details depicting conformance to the provisions of Section 829 of the City Code shall be provided. 4. Evergreen species may be as provided for by the Applicant in the landscaping plan, unless otherwise specified by City staff. 5. All comments from the Public Safety Director shall be addressed. 6. All comments from the Fire Marshal shall be addressed. 7. The Applicant shall provide easements for all stormwater improvements, wetlands, and wetland buffers. 8. The Applicant shall enter into a development agreement as drafted by the City which shall include the requirements described above as well as other relevant requirements of City ordinance or policy. 9. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the site plan, construction plans, and review and preparation of other relevant documents. Dated: November 17, 2015. By: Bob Mitchell, Mayor Attest: By: Scott T. Johnson, City Administrator The motion for the adoption of the foregoing resolution was duly seconded by member land 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. 2 Agenda Item # 5C DRAFT DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MEDINA AND HIGHWAY 55 RENTAL PORTABLE STORAGE, LLC This document drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 (RHB) 470994v3 ME230-619 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. Stormwater Improvements 3 7. Landscaping Plan 4 8. Upland Buffer Easement 4 9. Letter of Credit 4 10. Owner's Default 5 11. Insurance 5 12. Responsibility for Costs; Escrow for Construction Inspection 5 13. No Building Permits Approved 6 14. Clean up and Dust Control 6 15. No Representation Regarding Access 6 16. Compliance with Laws 6 17. Agreement Runs With the Land 6 18. Indemnification 6 19. Assignment 6 20. Notices 7 21. Severability 7 22. Non -waiver 7 23. Counterparts 7 SIGNATURES 8-9 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 DRAINAGE AND UTILITY EASEMENT FORM OF UPLAND BUFFER EASEMENT AGREEMENT IMPROVEMENTS COST ESTIMATE i 470994v3 ME230-619 This Development Agreement (the "Agreement") is made and entered into this day of , 2015, by and between the city of Medina, a municipal corporation under the laws of Minnesota (the "City"), and Highway 55 Rental Portable Storage, LLC a Minnesota limited liability company (the "Owner"). WITNES SETH: WHEREAS, the Owner is the fee owner of land located at 4790 Rolling Hills Road in Medina (the "Property"), which land is legally described on Exhibit A attached hereto; and WHEREAS, the City approved an amended conditional use permit (the "CUP") in 1996 which authorized development of the Property for a mini storage facility; and WHEREAS, on November 17, 2015, the City granted site plan review approval (the "Site Plan") for completion of development of the Property; and WHEREAS, the CUP and the Site Plan are hereinafter collectively called the "City Approvals"; and WHEREAS, the Site Plan is contingent upon the Owner entering into a development agreement satisfactory to the City. NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the parties agree as follows: 1. Right to Proceed. This Agreement is intended to regulate the development of the Property and the construction therein of certain Improvements (as hereinafter defined). The Owner 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 Owner and the City; b) the required Letter of Credit (as hereinafter defined) has been received by the City from or on behalf of the Owner; c) final engineering and construction plans have been submitted by the Owner and approved by the city engineer; d) the Owner has paid the City for all legal, engineering and administrative expenses incurred by the City regarding the City Approvals and has given the City the additional escrow required by Section 12 of this Agreement; e) the Owner has executed the stormwater maintenance agreement, the drainage and utility easement, and the upland buffer easement agreement in the forms attached hereto as Exhibits C, D and E, respectively; f) the Owner has received all required permits from the Pioneer Sarah Creek Watershed Management Commission and any other permitting entity having jurisdiction; g) the Owner or the Owner's engineer has initiated and attended a preconstruction meeting with the City engineer and staff; and 1 470994v3 ME230-619 h) the City has issued a notice that all conditions precedent have been satisfied and that the Owner may proceed. 2. Plans; Improvements. a) The Owner agrees to develop the Property in accordance with the City Approvals, as detailed in City resolution nos. 96-12 and 2015-, 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 Owner without the prior written approval of the City. b) In developing the Property in accordance with the Plans, the Owner shall make or install at its sole expense the following public and private improvements (collectively, the "Improvements"): 1. site grading; 2. access drive, including fire lane; 3. stormwater facilities; and 4. landscaping. c) All work performed by or on behalf of the Owner related to construction of the Improvements or the buildings 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 Owner 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 Owner 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 Owner 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 Owner's obligations or the City's rights hereunder. c) The Owner 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 2 470994v3 ME230-619 building permits will be issued for the Property unless the Owner 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 Owner, its successors and assigns. 4. Site Grading; Haul Routes. a) The Property was partially graded in the mid- 1990s at the time of issuance of the CUP. In order to construct the Improvements and otherwise prepare the Property for build -out of the site, it will be necessary for the Owner to perform additional grading on 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 Owner shall provide the City with an "as constructed" grading plan and a certification by a registered land surveyor or engineer. b) The Owner 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 Rolling Hills Road 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 recommendations and requirements of the city engineer. The Owner shall submit plans and specifications prepared by a registered professional engineer. The Owner shall obtain any necessary permits from the Pioneer Sarah Creek Watershed Management Commission and any other agency having jurisdiction over the Property before proceeding with construction. The City shall inspect all work at the Owner's expense. The Owner, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. Prior to beginning construction, the Owner or the Owner'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 stormwater Improvements, the Owner 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. 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. All Improvements required by this Agreement shall be completed by no later than , 2016. 6. Stormwater Improvements. The Owner agrees to expand the existing 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 Owner 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 Pioneer Sarah Creek Watershed Management Commission, the Owner agrees to enter into a Stormwater Maintenance Agreement with the City in the form attached hereto as 3 470994v3 ME230-619 Exhibit C. The purpose of the Stormwater Maintenance Agreement is to ensure that the Owner maintains the stormwater facilities and to give the City the right but not the obligation to do so if the Owner fails in its obligations. The Stormwater Maintenance Agreement will be recorded against the Property and will run with the land. The Owner 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 Owner 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 Owner to do so; and iv) if the City performs any work on the storm water improvements, the City intends to specially assess the cost of such work against the Property. The Owner agrees to execute an easement over all of the stormwater improvements in the form of the drainage and utility easement attached hereto as Exhibit D. 7. Landscaping Plan. The Owner 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. 8. Upland Buffer Easement. The Owner agrees to execute the Upland Buffer Easement attached hereto as Exhibit E. The purpose of the Upland Buffer Easement is to ensure that the buffer areas surrounding the wetlands on the Property are planted with appropriate materials intended to enhance water quality in the wetlands and are maintained in that condition thereafter. 9. Letter of Credit. a) In order to ensure completion of the Improvements specifically required under section 2(b) of this Agreement, except that portion of the access drive which is not a fire lane, and satisfaction of all fees due to the City and related to development of the Property, the Owner 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 $135,894, which represents 150 percent of the estimated cost of the Improvements. The Letter of Credit shall be delivered to the City prior to issuance of any building permit for the Property and shall renew automatically thereafter until released by the City. The itemized costs of the Improvements are estimated on Exhibit F attached hereto. The Letter of Credit shall be issued by a bank determined by the City to be solvent and creditworthy and shall be in a form acceptable to the City. The Letter of Credit shall allow the City to draw upon the instrument, in whole or part, in order to complete construction of any or all of the Improvements, and to pay any fees or costs related to development of the Property and due to the City by the Owner. 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 Owner'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 9. 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 Owner has taken such steps as may be necessary to ensure 4 470994v3 ME230-619 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 Owner and the Owner shall provide to the City within 30 days a substitute Letter of Credit from another bank meeting the City's requirements. If the Owner 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. 10. Owner's Default. In the event of default by the Owner as to construction or repair of any of the Improvements, the City may, at its option, perform the work and the Owner shall promptly reimburse the City for any expense incurred by the City. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek an order from any court for permission to enter the Property for such purposes. If the City does any such work, the City may, in addition to its other remedies, levy special assessments against the Property to recover the costs thereof. For this purpose, the Owner, 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 Owner, for itself and its successors and assigns, also waives any appeal rights otherwise available pursuant to Minnesota Statues, section 429.081. 11. Insurance. The Owner 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 Owner'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 Owner or its contractor. 12. Responsibility for Costs; Escrow for Construction Inspection. a) The Owner 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 Site Plan, including the drafting and negotiation of this Agreement. The Owner agrees to reimburse the City in full for such reasonable costs within 30 days after notice in writing by the City. The Owner agrees to reimburse the City for the reasonable cost incurred in the enforcement of any provision of this Agreement, including reasonable engineering and attorneys' fees. b) The Owner 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 5 470994v3 ME230-619 the administrative fee and the reasonable cost of inspection of the Improvements, the Owner shall deposit an additional $2,200 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 Owner without interest. If it appears that the actual costs incurred will exceed the estimate, Owner and City shall review the costs required to complete the project and the Owner shall deposit additional sums with the City. 13. No Building Permits Approved. The City Approvals do not include approval of a building permit for any structures on the Property. The Owner must submit and the City must approve building plans prior to the issuance of any building permit for the Property. The Owner or the party applying for the building permit shall be responsible for payment of the customary fees associated with the building permit. 14. Clean up and Dust Control. The Owner shall daily clean dirt and debris from streets adjoining the Property resulting from construction work by the Owner, its contractors, agents or assigns. Prior to any construction on the Property, the Owner shall identify to the City in writing a responsible party for erosion control, street cleaning, and street sweeping. The Owner shall provide dust control to the satisfaction of the City's engineer throughout construction on the Property. 15. No Representation Regarding Access. Access to the Property is by means of a driveway from Rolling Hills Road which appears to traverse property not owned in fee by the Owner. Nothing in this Agreement shall be deemed to be a representation by the City regarding the legal adequacy of access to the Property. 16. Compliance With Laws. The Owner 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 Owner shall be grounds for denial of building permits for the Property. 17. 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. 18. Indemnification. The Owner 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 Owner 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. 19. Assignment. The Owner may not assign this Agreement without the prior written permission of the City. 6 470994v3 ME230-619 20. 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 Owner: Highway 55 Rental Portable Storage, LLC 225 Highway 55 Medina, MN 55340 Attn: Jeffrey Pederson 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 parry may from time to time notify the other in writing in accordance with this section. The Owner shall notify the City if it changes its name or address. 21. 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. 22. Non -waiver. Each right, power or remedy conferred upon the City by this Agreement is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, or available to the City at law or in equity, or under any other agreement. Each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 23. 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. 7 470994v3 ME230-619 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 -Clerk The foregoing instrument was acknowledged before me this day of , 2015, by Bob Mitchell and Scott T. Johnson, the mayor and city administrator -clerk, respectively, of the city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public 8 470994v3 ME230-619 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. By: HIGHWAY 55 RENTAL PORTABLE STORAGE, LLC Jeffrey Pederson, Chief Manager The foregoing instrument was acknowledged before me this day of , 2015, by Jeffrey Pederson, chief manager of Highway 55 Rental Portable Storage, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public 9 470994v3 ME230-619 EXHIBIT A TO DEVELOPMENT AGREEMENT The land to which this Development Agreement applies is legally described as follows: That part of Government Lot 1, Section 4, Township 118, Range 23, lying north of State Highway No. 55, except that part of the east 380 feet of the west 778 feet as measured at right angles of said Government Lot 1 lying south of the north 300 feet thereof, as measured at right angles. All in Hennepin County, Minnesota A-1 470994v3 ME230-619 EXHIBIT B TO DEVELOPMENT AGREEMENT The following documents prepared by constitute the Plans: dated , 2015, collectively [to be completed] 470994v3 ME230-619 B-1 EXHIBIT C TO DEVELOPMENT AGREEMENT FORM OF STORMWATER MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into as of the day of , 2015, by and between Highway 55 Rental Portable Storage, LLC, a Minnesota limited liability company (the "Owner"), and the city of Medina, a Minnesota municipal corporation (the "City"). WITNESSETH: WHEREAS, the Owner owns certain real property located in the Hennepin County, Minnesota, legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, the Owner has granted to the City a drainage and utility easement over a portion of the Property (the "Easement Area") legally described on Exhibit B and depicted on Exhibit C attached hereto; and WHEREAS, the Owner intends to expand within the Easement Area certain stormwater improvements (the "Stormwater Improvements") for the benefit of the Property; and WHEREAS, by a separate development agreement of even date herewith, the City and the Owner have entered into an agreement for the construction and maintenance of the Stormwater Improvements; and WHEREAS, the Pioneer Sarah 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 Owner 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 Owner 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 Owner shall adhere to the schedule for the periodic inspection of the Stormwater Improvements attached hereto as Exhibit D. The Owner 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 470994v3 ME230-619 including skimming and cleaning of the Stormwater Improvements, shall be the obligation of the Owner and its successors or assigns as the fee owner of the Property. 2. City's Maintenance Rights. The City may maintain the Stormwater Improvements, as provided in this paragraph, if the City reasonably believes that the Owner or its successors or assigns has failed to maintain the Stormwater Improvements in accordance with applicable drainage laws and other requirements and such failure continues for 30 days after the City gives the Owner 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 Owner 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 Owner does not complete the maintenance tasks within the required time period after such notice is given by the City, the City shall have the right to enter upon the Easement Area to perform such maintenance tasks. In such case, the City shall send an invoice of its reasonable maintenance costs to the Owner 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 Owner 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 Owner, 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 Owner for failure to perform maintenance tasks shall be and hereby is waived in its entirety by the Owner, and the Owner 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 Owner 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 Owner's, or the Owner'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 Owner to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Owner shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Owner'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 Owner 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 470994v3 ME230-619 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 Owner: b) as to the City: Highway 55 Rental Portable Storage, LLC 225 Highway 55 Medina, MN 55340 Attn: Jeffrey Pederson 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 Owner under this Agreement shall also be duties and obligations of Owner'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 470994v3 ME230-619 HIGHWAY 55 RENTAL PORTABLE STORAGE, LLC By: Jeffrey Pederson, Chief Manager STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015, by Jeffrey Pederson, chief manager of Highway 55 Rental Portable Storage, LLC, a Minnesota limited liability company, on behalf of the company. C-4 Notary Public 470994v3 ME230-619 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF MEDINA By: Bob Mitchell, Mayor And by: Scott T. Johnson, City Administrator -Clerk The foregoing instrument was acknowledged before me this day of , 2015, by Bob Mitchell and Scott T. Johnson, the mayor and the city administrator -clerk, respectively, of the city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation. This instrument drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 C-5 Notary Public 470994v3 ME230-619 EXHIBIT A TO STORMWATER MAINTENANCE AGREEMENT Legal Description of the Property That part of Government Lot 1, Section 4, Township 118, Range 23, lying north of State Highway No. 55, except that part of the east 380 feet of the west 778 feet as measured at right angles of said Government Lot 1 lying south of the north 300 feet thereof, as measured at right angles. All in Hennepin County, Minnesota C-A-1 470994v3 ME230-619 EXHIBIT B TO STORMWATER MAINTENANCE AGREEMENT Legal Descriptions of Drainage and Utility Easement [to be completed] C-B-1 470994v3 ME230-619 EXHIBIT C TO STORMWATER MAINTENANCE AGREEMENT Depiction of Drainage and Utility Easement [to be completed] C-C-1 470994v3 ME230-619 EXHIBIT D TO STORMWATER MAINTENANCE AGREEMENT Inspection and Maintenance Schedule Stormwater Ponds: Inspection and maintenance shall be made consistent with the most recent version of the Minnesota Stormwater Manual or other subsequent manual as dictated by the City. At the time of execution of this Agreement, the schedule can be found in Table 12.POND.4 of the Minnesota Stormwater Manual as follows: Table 12.PONp,4: Typical Inspection/Maintenance Frequencies for Ponds Inspection Items Maintenance Items Frequency Ensure that at least 50% of wetland plants survive Check for invasive wetland plants. Replant wetland vegetation One time - After First Year Check that maintenance access is free and clear_ Inspect low flow offices, reverse how pipes, and other pipes for clogging Check the permanent pool or dry, pond area for floating debris. undesirable vegetation. Investigate the shoreline for erosion Monitor wetland plant composition and heath. Look for broken signs, locks, and other dangerous items_ Mowing —minimum SprVng and Fall Remove debris Repair undercut, eroded, and bare sal areas. Monthly to Quarterly or After Makx Simms (>11 Monitor wetland plant composition and heath. Identify invasive plants Ensure mechanical components are functional Trash and debris clean-up day Remove invasive plants Harvest wetland plants Replant wetland vegetation Repair broken mechanical components if needed Semiannual to annual All routine inspection items above Inspect riser, barrel, and embankment for damage Inspect all pipes Monitor sediment deposition in pond and torebay pipe and Riser Repair Forebay maintenance and sediment removal when needed Every 1 to 3 years Monitor sediment deposition in pond and forebay Forebay maintenance and sediment removal when needed 2-7 years Remote television inspection of reverse slope pipes, under -drains, and other hard to access piping Sediment removal from main pond+ wetland Pipe replacement 1f needed 5-25 yew Stormwater Pond Sand Filters: Inspection and maintenance shall be made consistent with the most recent version of the Minnesota Stormwater Manual or other subsequent manual as dictated by the City. At the time of execution of this Agreement, the schedule can be found in Table 12.FIL.4 of the Minnesota Stormwater Manual as follows: C-D-1 470994v3 ME230-619 Table 12.FIL.4. Recommended Maintenance Activities for Media Filters (Sources: 1997; Pitt, 1997) WMI, Schedule Activity • !Mier bed Is clogged er partially stagged, manual manipulationof the surface layer of sand may be required. Remove the top few inches of media, roto-till or otherwise cultivate the surface, and replace media with like matenal meeting the design specifications. • Replace any filler fabric that has become clogged. As needed • Ensure that contnbuting area, facif y, inlets and outlets are clear of debris. • Ensure that the contributing area is stabilized and mowed, with clippings removed. • Remove trash and debris. • Check to ensure that the filter surface is not clogging (also check after storms greater than about try • Ensure that activities in the drainage area minimize oitrgrease and sediment entry to the system- - If permanent water level is present in pre-treatment chamber leg , penmeter sand fitter), ensure that the chamber sloes not leak, and normal pool level is Monthly • Fertai o see that the filter bed Is dean of sediment and the sediment chamber is not more than 6 inches of sediment. Remove sediment as necessary. - Make sure that there is no evidence of detenoratlon. spoiling or cracking of concrete_ • Inspect grates (perimeter sand filter)_ - Inspect inlets, Outlets and overflow spillway to ensure good condition and no evidence of erosion_ • Repair or replace any damaged structural parts_ - Stabilize any eroded areas. - Ensure that flow is not bypassing the facility. • Fnci Irethat no noticeable odors are detected outside the fartlity Annually - Remove and replace the top 2-5 inches of media every 8 to 5 years for low sectment applications, more often for areas of high sediment yield or high oil and grease. 9 to 5 years In addition to the above, ponds shall be inspected annually to determine if draw down occurs within 48 hours, and corrections made if the time exceeds 48 hours. C-D-2 470994v3 ME230-619 EXHIBIT D TO DEVELOPMENT AGREEMENT FORM OF DRAINAGE AND UTILITY EASEMENT THIS INSTRUMENT is made by Highway 55 Rental Portable Storage, LLC, a Minnesota limited liability company, Grantor, in favor of the city of Medina, Grantee. Recitals A. Grantor is the fee owner of the property located in Hennepin County Minnesota (the "Property") and legally described on Exhibit A attached hereto. B. Grantor desires to grant to the Grantee an easement, according to the terms and conditions contained herein. Terms of Easement 1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee a perpetual, non-exclusive drainage and utility easement over, under, and across the portion of the Property described on Exhibit B and depicted on Exhibit C attached hereto. 2. Scope of Easement. The perpetual, non-exclusive drainage and utility easement granted herein includes the right of the Grantee, its contractors, agents, and employees to enter the premises at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing the utilities, drainage ways and stormwater facilities in the described easement area. 3. Warranty of Title. The Grantor warrants it is the owner of the Property and has the right, title and capacity to convey to the Grantee the easement herein. 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. D-1 470994v3 ME230-619 Dated this day of , 2015. HIGHWAY 55 RENTAL PORTABLE STORAGE, LLC By: Jeffrey Pederson, Chief Manager STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015, by Jeffrey Pederson, chief manager of Highway 55 Rental Portable Storage, LLC, a Minnesota limited liability company, on behalf of the company. NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (RHB) 470 US Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Notary Public D-2 470994v3 ME230-619 EXHIBIT A TO DRAINAGE AND UTILITY EASEMENT Legal Description of Property That part of Government Lot 1, Section 4, Township 118, Range 23, lying north of State Highway No. 55, except that part of the east 380 feet of the west 778 feet as measured at right angles of said Government Lot 1 lying south of the north 300 feet thereof, as measured at right angles. All in Hennepin County, Minnesota 470994v3 ME230-619 D-A-1 EXHIBIT B TO DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION OF EASEMENT [to be completed] 470994v3 ME230-619 D-B-1 EXHIBIT C TO DRAINAGE AND UTILITY EASEMENT Depiction of Drainage and Utility Easement [to be completed] 470994v3 ME230-619 D-C-1 EXHIBIT E TO DEVELOPMENT AGREEMENT FORM OF UPLAND BUFFER EASEMENT AGREEMENT THIS UPLAND BUFFER EASEMENT AGREEMENT (the "Agreement") is made this day of , 2015 by and between the city of Medina, a Minnesota municipal corporation (the "City"), and Highway 55 Rental Portable Storage, 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 conditional use permit and a site plan concerning the Property (the "City Approvals"), under the terms of which the Grantor is required to establish upland buffers adjacent to wetlands on portions of the Property consistent with City regulations, the location of which is legally described in Exhibit B, attached hereto (the "Easement Area"). D. In accordance with the Development Agreement, the City Approvals and the City's wetland preservation ordinance, the City has requested that Grantor grant to the City a conservation easement (the "Upland Buffer Easement") over the Easement Area. The Easement Area is depicted on Exhibit C attached hereto. E. Grantor is willing to grant the Upland Buffer Easement in accordance with the terms of this Agreement. PROVISIONS In consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Grantor hereby grants and conveys to the City and its successors and assigns, an Upland Buffer Easement in, under, on, over and across the Easement Area, and the City hereby accepts such grant. The duration of this easement is perpetual, subject to Minnesota law governing granting of easements to governmental bodies, and shall bind and inure to the benefit of the parties, their successors and assigns. 470994v3 ME230-619 E-1 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 assess the full cost thereof against the Property. The Grantor, on behalf of itself 470994v3 ME230-619 E-2 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 Property. 10. Grantor's rights and obligations under this Agreement terminate upon transfer or termination of its interest in the Property, provided that any liability for acts or omissions occurring prior to the transfer or termination shall survive that transfer or termination. Nothing in this Paragraph 10 is deemed to alter or amend the remaining terms of the Agreement in the event of a transfer of interest. 11. Any notice required in this Agreement shall be delivered personally or sent by U.S. certified mail, return receipt requested: a) as to Grantor: Highway 55 Rental Portable Storage, LLC 225 Highway 55 Medina, MN 55340 Attn: Jeffrey Pederson 470994v3 ME230-619 E-3 b) as to City: With a copy to: City of Medina 2052 County Road 24 Medina, MN 55340 Attn: City Administrator Ronald H. Batty Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 or at such other address as either party may from time to time notify the other in writing in accordance with this paragraph. ************************ 470994v3 ME230-619 E-4 IN WITNESS WHEREOF, the parties to this Upland Buffer Easement Agreement have caused these presents to be executed as of the day and year aforesaid. HIGHWAY 55 RENTAL PORTABLE STORAGE, LLC By: Jeffrey Pederson, Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015, by Jeffrey Pederson, chief manager of Highway 55 Rental Portable Storage, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public 470994v3 ME230-619 E-5 By: By: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY OF MEDINA Bob Mitchell, Mayor Scott T. Johnson, City Administrator -Clerk The foregoing instrument was acknowledged before me this day of , 2015, by Bob Mitchell and Scott T. Johnson, the mayor and city administrator -clerk, respectively, of the city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation. This document drafted by: Kennedy & Graven, Chartered (RHB) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 Notary Public 470994v3 ME230-619 E-6 EXHIBIT A TO UPLAND BUFFER EASEMENT AGREEMENT Legal Description of the Property That part of Government Lot 1, Section 4, Township 118, Range 23, lying north of State Highway No. 55, except that part of the east 380 feet of the west 778 feet as measured at right angles of said Government Lot 1 lying south of the north 300 feet thereof, as measured at right angles. All in Hennepin County, Minnesota 470994v3 ME230-619 E-A-1 EXHIBIT B TO UPLAND BUFFER EASEMENT AGREEMENT Legal Description of the Easement Area [to be completed] 470994v3 ME230-619 E-B-1 EXHIBIT C TO UPLAND BUFFER EASEMENT AGREEMENT Depiction of the Wetland Buffer Easement Area [to be completed] 470994v3 ME230-619 E-C-1 Cost Estimate for Letter of 9uI 'Suuoa fxn pigmy J01- @6e CUS INN SS I04007iINQ1uIW'45t}L8'%CLZM N e 51.0711 Lfi► 00'061'6E1 S 03W1103113011V1.01 ows6z4ss s %0$ Sind OW965.06 S iV al. 00`awa S -minions s ocrooeu s oaal a 0 i7.7. As .L-aarnaril3San0aoNniva 1-Non:30E0SE.r''. r. ki.,+,1. occou'L1 s ow* S OM As 1 41 aran1X1W amino) DN111V316 aSEasrl.ti.. , . , + , I. In 0001=1- .01*.A 9141AA J P,.'1 1 DM 00'90'05 $ 1V101815 05•00ez s oo-000'z s 1 .av 10 111 1 arty 0335 00'00f S 00-0St_ S z V3 33311010.110 00'0%3, z wow S sr A.1 /V1Id1a 00'009'l S an $ oof'1 AS L3XNV')9 300.1NOJ NO150/13 00 009' E S 000E $ OZI Ill 3,10144 - }DN7a1 NOLINUL 111 009,(641C S 00'Z S 896.51 35 1 Ni3itUN3h1V 1105 00000'1 S 00'Z s {IDS 37 13041115 000051r S 00'E a 00S'1 ,S3 1A1m0ONOd1N011YAV7X9NOPOIOJ SINlit"3AMIAIS1 M3.i.V,Y►NVois 1\ 101iN 7.71Nd 11N 1 :t11LNv 10 11A10 KM ,O` , '7� d� • S: it». ,..31.1.11.44Vi ) e71Y W llsi SI-Z-11 axltiOlS IMrid -alsattls3 Alirrish )IJ1 Per hire :' SO RN SS Algal13111 ao!leinale:l )07 PairP senaolan_l no pang r� 470994v3 ME230-619 LEAGUE of MINNESOTA CITIES CONNECTING & INNOVATING SINCE 1913 LIABILITY COVERAGE - WAIVER FORM LMCIT members purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. Please return the completed form to your underwriter or email to pstech@Imc.org This decision must be made by the member's governing body every year. You may also wish to discuss these issues with your attorney. League of Minnesota Cities Insurance Trust (LMCIT) members that obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision has the following effects: If the member does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits apply regardless of whether the city purchases the optional excess liability coverage. If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $2,000,000 for a single occurrence. (Under this option, the tort cap liability limits are waived to the extent of the member's liability coverage limits, and the LMCIT per occurrence limit is $2 million.) The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of claimants. If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. CI i tA fl V I (/ 10-telects liability coverage limits of $ , q)b I D b b Insurance Trust (LMCIT). from the League of Minnesota Cities Veic one: The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes, Section 466.04. ❑ The member WAIVES the monetary limits on municipal tort liability established by Minnesota Statutes, Section 466.04 to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council/governing body meeting Signature Position 145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 FAH: (651) 281-1299 ST. PAUL, MN 55103-2044 TOLL FREE: (800) 925-1122 WEB: WWW.LMC.ORG MEDINA POLICE DI Agenda Items # 7A & 7B MEMORANDUM 600 Clydesdale Trail Medina, MN 55340.9790 p: 763-473-9209 f: 763.473-8858 non -emergency: 763-525-6210 Emergency 3-1-1 TO: FROM: DATE: RE: Administrator Scott Johnson and Medina City Council Director of Public Safety Ed Belland November 12, 2015 Parking and Dog Ordinance Updates Recently, we had two issues come up that are not addressed in our current ordinances; one being the parking of vehicles and other equipment on the roadway during the winter months that interfere with snowplowing. The current ordinance addresses just motor vehicles, not vehicles and other equipment. The second issue was with the current dog ordinance; it does not address issues related to dog waste and a leash law in our urban areas. City Attorney Ron Batty and I worked together to update the language in these ordinances. In our research, we found that the traffic regulation ordinances had not been updated since March of 1986. It was decided to incorporate the changes we needed to address the parking issues. Attached you will find the red line ordinances addressing the changes and several other changes that bring the traffic ordinances into compliance with our general practices and State statutes. Below are summaries of the changes. Medina City Code Chapter 345: Dog Ordinance: With the growth of the urban residential areas within the City of Medina, we have had issues with dogs off leash and dog waste complaints. Our ordinance did not adequately address these issues. In the proposed update, we are asking that dogs that are walked or off their owners' property be on a leash no longer than six feet in the part of the city that is served by municipal sanitary sewer and water. We also added a sub -section related to dog waste which requires the animal's owner, if off their property, to pick up their dog's feces and dispose of it properly. Medina City Code Chapter 301: Traffic Regulations: In updating our traffic regulations, a small change was made to prohibit trailers and other vehicles from being parked on the street during our winter parking restrictions. Traffic Regulation Cleanup: As you will see in the redlined version, we changed several definitions to meet State statutes and our general practices. We made adjustments to Sections 301, 330, 335 and 340. Definitions were adjusted and deleted as needed. Another change that we proposed was taking out the recreational motor vehicle identification plate requirement. This section stated the city will issue identification plates for ATVs. At no time in the last 25 years have we issued any identification plates for ATV vehicles. If you have any further questions or concerns, please feel free to contact me. Agenda Item # 7A CITY OF MEDINA ORDINANCE NO. An Ordinance Amending Section 345.05 of the City Code of Ordinances Regarding Dogs The city council of the city of Medina ordains as follows: SECTION I: Medina city code chapter 345 is amended by adding the double underlined material and deleting the stricken material as follows: Section 345.05. Ownership Requirements. All dogs harbored, kept or found in the City shall be subject to the following: Subd. 1. Identification. All dogs shall wear a collar or harness, to which shall be affixed an identification tag of metal bearing the name and address of the owner or the identifying telephone number. A Rrabies vaccination tag shall be affixed to the collar or harness of every dog for which Rrabies vaccination is required. Subd. 2. Rabies Vaccination Required. Every dog over the age of six months is hereby required to have a vaccination against Rrabies, which vaccination shall be renewed not less frequently than every two years. All Rrabies vaccinations shall be of the modified live vaccine type. Subd. 3. Confinement. All female dogs shall be confined indoors when in season except for dogs which have been spayed. Subd. 4. Dogs Prohibited From Running at Large. No owner shall knowingly or negligently permit a dog to be at large. No person having the custody or control of any dog may permit the dog to be on any street, alley, school ground, public place or the property of another without being under restraint, except in areas officially designated for off -leash activities. Notwithstanding the above, any dog in a City park or in any area of the City served by municipal sanitary sewer and water shall be under restraint by a leash no longer than six feet. Subd. 5. Public Nuisance. No person shall own, keep or harbor any dog or dogs which are deemed to cause a public nuisance as defined in Section 330. Subd. 6 Waste. Any person having the custody or control of any dog shall have the responsibility for cleaning up any feces of the animal and disposing of such feces in a sanitary manner. It shall furthermore be the duty of any person having custody or control of any dog or domestic animal on or about any public place to have in such person's possession suitable equipment for picking up, removal, and sanitary disposal of animal feces. This provision shall not apply to a certified guide dog accompanying a blind or 459215v2 ME230-1 P 1 disabled person or to a dog used in official police activities with the permission of the Police Department. SECTION II. The ordinance shall be effective upon its adoption and publication. Adopted by the city council of the city of Medina this day of , 2015. Bob Mitchell., Mayor ATTEST: Scott T.Johnson City Administrator -Clerk Published in the South Crow River News the day of , 2015. 459215v2 ME230-1P 2 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 Chapter 3 of the code of ordinances regarding dogs; 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 two pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that the city administrator -clerk shall cause the following summary of Ordinance No. to be published in the official newspaper in lieu of the entire ordinance: Public Notice The city council of the city of Medina has adopted Ordinance No. , an ordinance amending Section 345.05 of the code of ordinances regarding dogs. The purpose of the ordinance is to clarify the rules related to dog ownership. The ordinance (1) prohibits female dogs from being left outdoors unless they have been spayed, (2) prohibits dogs from running loose except in designated off -leash areas, and (3) requires owners to pick up and properly dispose of animal waste. The full text of Ordinance No. is available for inspection at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the city of Medina that the city administrator -clerk keep a copy of the ordinance in his office at city hall for public inspection and that he post a full copy of the ordinance in a public place within the city. Dated: , 2015. Bob Mitchell, Mayor ATTEST: Resolution No. 2015- Date Scott T. Johnson, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2015- 2 Date Agenda Item # 7B CITY OF MEDINA ORDINANCE NO. An Ordinance Amending Chapter 3 of the City Code of Ordinances Police Regulations The city council of the city of Medina ordains as follows: SECTION I: Medina city code chapter 301 is amended by adding the double underlined material and deleting the stricken material as follows: CHAPTER 3 POLICE REGULATION 301. TRAFFIC REGULATIONS Section 301.01. Traffic Regulations. Minnesota Statutes, Chapters 65B, 168, 169, 170, and & 171 of Minnesota Statutes, entitled the Highway Traffic Regulation Act, is adopted by reference and is a part of this code as if fully set forth herein. Any violations of Chapters 65B, 168, 169, 170, or & 171 is a violation of this code. Subd. 1. For purposes of Scction 301.01, the definition of "private street" shall be the same as that found in Section 820.17, subd. 33 of the Medina City Code, Subdivision Regulations. Statutes adopted as part of the Highway Traffic Regulation Subd. 1. For purposes of section 301, "private street" shall be defined as a street providing vehicular access to two or more parcels of land which is not dedicated to the public but is owned by one or more private parties. The Highway Traffic Regulation Act shall apply to private streets within Medina. Subd. 2. For purposes of this Chapter, the definitions in Minnesota Statutes, Chapter 169 shall be used whenever two or more sections of the Highway Traffic Regulation Act contain conflicting or inconsistent definitions. Section 301.03. Motor Vehicle Registration. Minnesota Statutes, Chapter 168 e€ Minnesota Statutes, entitled Motor Vehicles; Registration, Taxation; Sales; Dealers, is adopted by reference and is a part of this code as if fully set forth herein. Any violation of Chapter 168 is a violation of this code. Section 301.05. Drivers' Licenses. Minnesota Statutes, Chapter 171 of Minnesota Statute% entitled Drivers' Licenses and Driver Training Schools, is adopted by reference 458844v2 ME230-1P 1 and is a part of this code as if fully set forth herein. Any violation of Chapter 171 is a violation of this code. Section 301.07. Recreational Motor Vehicles; Definitions. The following words and phrases shall have the meanings ascribed to them: Subd. 1. Recreational Motor Vehicle is any motorized, self-propelled vehicle designed or used for recreational purposes, including without limitation, Aall- Tterrain Vv_ehicles, Ttrail Bbikes, Mmotorcycles, and Mmotorized 13bicycles, but excluding Ssnowmobiles. Subd. 2. Public Lands are lands which include, without limitation, Pparks and Sschool Ggrounds, Ffrozen Llakes, Rrecreational Aareas, Sstreets, Ssidewalks, Ppu blic Reasements, Ggolf Ccourses, Ttrailways, Ccemeteries, and other similar areas. S etie 0- .n9. De r-eirt-i9iral-Meter-Vc rieles—Identifi atien-Plate-Re juir"cd v person shall park, keep, store or operate a Recreation Motor Vehicle in the City of Medina without displaying identification plates as required herein unless such Recreation Motor Vehicle is properly licensed by the State of Minnesota for operation on the public highways. Subd. 1. Application. Identification plates shall be obtained from by the City Cleric Tr-easur-er-tpy-fiEng-an-applic-ation-ancl-paying-th-e-a-fee-establisheel-b-y-te-be-s et -by resolution of the City Council. Identification plates shall be issued to the owner of the Recreational Motor Vehicle and are not transferable. Subd. 2. Display. Two identification plates shall be displayed on each Recreational Motor Vehicle in a manner which makes the Recreational Motor Vehicle identifiable thereby from either side. Section 301.14,09. Trespass Prohibited. No person shall operate a Rrecreational Mmotor Vvehicle, motorcycle, motorized bicycle, or any other motor vehicle licensed by Minnesota for travel on the public highways upon, or enter therewith upon any public or private lands within the City of Medina without the prior written consent of the owner thereof, previously given. Section 301.4-311. Certain Conduct Prohibited. No person shall operate a Recreational Motor Vehicle any of the vehicles listed in Section 301.09: Subd. 1. While under the influence of alcohol or any controlled substances as defined by Minnesota Statutesi- Subd. 2. At a speed which is not reasonable under the circumstances existing within the area of travel- 458844v2 ME230-1P 2 Subd. 3. In a manner which endangers or is likely to endanger a person or property, including the Rrecreational Mmotor Vvehicle and the operator and passengers thereofi- Subd. 4. In any manner which creates dust, noise, fumes or other dangers which disturb the peace of any personl- or Subd. 5. Upon any public or private lands which have not been specifically designated for vehicular travel. Section 301.15. Application to Motor Vehicles. Section 301.11 hereof relating to trespass, and section 301.13 hereof relating to certain prohibited conduct shall apply to Motorcycles, Motorized Bicycles, and other Motor Vehicles licensed by the State of Minnesota for travel on the public highways when such vehicle is operated on public or private lands which have not been specifically designated for vehicular travel. SECTION II. Medina city code chapter 330 is amended by adding the double underlined material and deleting the stricken material as follows: Section 330.05. Subd. 14. Any motor vehicle which is not currently licensed in Minnesota or any other state, or which is not in operable condition, or which is partially dismantled, or which is used for the sale of parts, or as a source of repair or replacement parts for other vehicles, or which is kept for scrapping or dismantling or salvage of any kind, or any abandoned or .junk vehicle as that those terms is are defined in Minn. Stat. Section 168B.011; subd. 2. Section 330.07. Abatement of Abandoned and Junk Vehicles. The chief of police or his or her designee may take into custody and impound any vehicle described in Section 330.05, subd. 14 in the manner authorized under Minn. Stat Minnesota Statutes, Section Chapter 168B.01 through 168B.101. SECTION III. Medina city code chapter 335 is amended by adding the double underlined material and deleting the stricken material as follows: Section 335.01. Purpose. It is the purpose of this ordinance to aesthetically improve residential areas within the City of Medina and to protect the health, safety, and welfare of the residential population within the City of Medina, it being determined by the City Council of the City of Medina that the parking of commercial vehicles within residential areas is a nuisance. Section 335.03. Definitions. Subd. 1. Agriculture — An activity or occupation concerned with farming, cultivating land, raising crops, and the feeding, breeding, and raising of livestock; excludingbut not including activities primarily involving lawn care and landscaping. Subd. 2. Commercial Vehicle. — Any truck, truck -tractor, semi -trailer, farm tractor, road tractor, bus, custom service vehicle or wrecker used in any business having a gross vehicle 458844v2 ME230-1P 3 weight of 12,000 pounds or more, or any motorized equipment used primarily in the construction trade with a gross vehicle weight of more than 5,000 pounds shall also qualify as a commercial vehicle. Subd. 3. Truck Every motor vehicle designed, used, or maintained primarily for transportation of property. Subd. 4. Truck Tractor Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. Subd. 5. Semi Trailer Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. Subd. 63. Farm Tractor - Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing -machines, and other implements of husbandry. Subd. 7. Road Tractor Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. Subd. 8. Bus Every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons, and every motor vehicle other than a taxicab designed and used for the transportation of persons for compensation. Subd. 9. Custom Service Vehicle Any vehicle used as well drilling machine, woodsawing machine, cement mixer, rock crusher, road grader, ditch digger, or elevating grader, and similar service equipment. Subd. 10. Wrecker A motor vehicle having a gross vehicle weight of 8,000 pounds or more, equipped with a crane and winch and further equipped to control the movement of the towed vehicle. Subd. 444. Rural Areas - Property within the cityMedina which is undeveloped or developed for residential use at rural densities and which is not served by the public sanitary sewer or water supply systems. Subd. 4-25. Urban Areas - Property within the cityMedina which is served by the public sanitary sewer or water supply systems. Section 335.05. Parking is defined as the stopping of a commercial vehicle for longer than four continuous hours, except stopping excepting therefrom the parking of a commercial vehicle for purposes of delivery or pick up of chattels or persons pursuant to any business for which said motor vehicle is legally used. 458844v2 ME230-1 P 4 Section 335.07. Parking In Urban Areas. It is unlawful, and punishable as a misdemeanor, to park a commercial vehicle in a residential Durban Aarea for more than four continuous hours without a city permit. Section 335. 09. Parking In Rural Areas. It is unlawful, and punishable as a misdemeanor, to park a commercial vehicle in a residential Rrural Aarea for more than four hours without a permit,, with the exception of Ffarm Ttractors and equipment used in conjunction with Aagriculture are excluded from this limitation but such equipment may not be parked on city streets. SECTION IV. Medina city code chapter 340 is amended by adding the double underlined material and deleting the stricken material as follows: Chapter 340. Moto Vehi le On -Street Parking Section 340.01. Limited Parking Zones. No person shall park any motor vehicle} vehicle or any other type of equipment contrary to the posted signs in any Elimited Pork Zzone established by the Police Chief or the Director of Public Works and Engineering, except on Sundays and legal holidays; provided, the City Council shall have authority to rescind the establishment of such zone. Section 340.03. Twelve Hour Parking. No person in charge of any motor vehicle vehicle or any other type of equipment contrary shall park or permit said vehicles or equipment to stand upon any street or highway for more than twelve (12) consecutive hours at any time, unless otherwise designated on signs erected and installed; provided, that this paragraph section shall not apply to vehicles used by persons while engaged in services performed on the premises of others, such as painting, home construction or repair, installation of appliances, cleaning or fumigating. Section 340.05. Seasonal Parking Restriction. From November 1 to March 31 inclusive, no person shall park or permit any motor vehicle, vehicle, trailer, or other equipment to stand on any street, highway or alley forduring all or any part of the period from 1:00 a.m. to 6:00 a.m. Section 340.07. Vehicle to be Locked. Every person parking a motor vehicle on a public street or alley shall lock the ignition; and remove the key. Section 340.09. Parking in Public Alleys. Motor vehicles other than trucks shall not be parked in public alleys;_ and tTrucks shall not may be so parked for no a -longer period of time than is necessary to load or unload commodities, and then but not to exceed 30 minutes. Section 340.11. Double Parking. Motor vehicles shall not double park on a street or highway except trucks when calling for or delivering merchandise; and when access to the curb at or immediately adjacent to the place of delivery is blocked by other motor vehicles, and then only for such length of time as may be necessary to load or unload, such length of time in any event but not to exceed 15 minutes. 458844v2 ME230-1P 5 Section 340.13. Removal of Vehicles for Snow Removal, etc. Whenever the Director of Public Works or any of his assistantsdesignee shall find it necessary, for purpose of facilitating street maintenance operations, such as the removal of snow, ice or street wastes, to move any vehicle standing on any llhighway or City road, the Director of Public Works, or assistantsdesignee, or other emergency officials in the discharge of their duties, may move such vehicles to the extent necessary for such purposes. Section 340.15. Private parking. Any of the provisions of Section 340 may be extended to private property by the Chief of Police at written request of the property owner, provided that signs are erected in appropriate places to warn that such parking restrictions apply to said property. Such signs shall not be erected at public expense. Section 340.17. Restricted parking. At the written request of the property owner, the Chief of Police may designate any die parking area as restricted to parking only for customers, invited guests or others having legitimate business on the property of the owner, provided that signs so stating are erected in appropriate places. Such signs shall not be erected at public expense. Section 340.19. Removal of Illegally Stopped Vehicles. Whenever any police officer finds a vehicle standing upon a street or highway in violation of any of the foregoing provisions of this section} such officer is hereby authorized, subject to Minnesota Statutes, Chapter 168B, to tow such vehicle to a suitable place for storage until claimed by the owner, or require the driver or other person in charge of the vehicle to remove the same to a position off the paved or improved or main traveled part of such street or highway. The owner shall be liable for the reasonable costs of towing and storage. SECTION V. The ordinance shall be effective upon its adoption and publication. Adopted by the city council of the city of Medina this day of , 2015. Bob Mitchell, Mayor ATTEST: Scott T. Johnson City Administrator -Clerk Published in the South Crow River News the day of , 2015. 458844v2 ME230-1P 6 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 Chapter 3 of the code of ordinances regarding police and parking regulations; 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 six pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that the city administrator -clerk shall cause the following summary of Ordinance No. to be published in the official newspaper in lieu of the entire ordinance: Public Notice The city council of the city of Medina has adopted Ordinance No. , an ordinance amending Chapter 3 of the code of ordinances regarding police and parking regulations. The purpose of the ordinance is to update rules and regulations related to traffic and vehicle parking. The ordinance updates several references to state law. The ordinance also updates the types of vehicles which are regulated to include motorcycles and other motorized bicycles. The ordinance prohibits the parking of certain commercial vehicles in certain areas for more than four hours. It also imposes a twelve-hour parking limit on public streets for vehicles, equipment such as construction equipment, and trailers. The full text of Ordinance No. is available for inspection at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the city of Medina that the city administrator -clerk keep a copy of the ordinance in his office at city hall for public inspection and that he post a full copy of the ordinance in a public place within the city. Dated: , 2015. Bob Mitchell, Mayor Resolution No. 2015- Date ATTEST: Scott T. Johnson, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2015- 2 Date Agenda Item # 8A MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: November 12, 2015 MEETING: November 17, 2015 City Council SUBJ: 2016 Sioux Drive Turn Lane Improvement Project Background On October 20, 2015, the City Council adopted a resolution ordering turn lane improvements to Sioux Drive at Westfalen Trail. These improvements were anticipated along with commercial development to the west and east of Sioux Drive. Adjacent developers had entered into petition and waiver agreements in which they agreed to pay for the cost of the turn lane improvements. These developments include Aldi to the east of Sioux Drive and Hamel Station (West Financial, Complete Eye Care, Urban Eve, and OAK Eatery to the west). The City Engineer has begun preparing plans and specifications for the project as directed by the City Council. Since the project was ordered, the City has received a request to rezone property to the east of the Aldi site (Arndt property). This rezoning is in anticipation of a commercial development on this site. The concept layout which was submitted along with the rezoning requests shows primary access to this site from Sioux Drive through an easement on the Aldi property. Staff decided it may be worth discussing with the Council whether it would be appropriate to discuss this additional site as potentially benefitting from the Sioux Drive turn lane improvements and whether the property should also be assessed for a portion of the improvements. Public Improvement Hearing The City Council does not need to make the ultimate decision on to what extent a property is benefitted and should be assessed at this point in the process. However, all properties which may be assessed do need to be provided notices and hearing at this time, before the City enters into a contract for the project. At this time, the adjacent developments (Aldi and Hamel Station) have agreed to assessments in an amount similar to the estimate cost of the turn lane improvements. Assessing additional properties which the Council believes are benefitted by the improvements would have the potential to decrease these assessments. Staff has prepared a draft amendment to the feasibility report which would include the Arndt property as a potential assessment parcel. If the City Council determines that it would be Sioux Drive Turn Lane Page 1 of 2 November 17, 2015 Improvement Project City Council Meeting appropriate to include the Arndt parcel as a potential assessment, a hearing would need to be held on the improvement project. In such a case, the Council could adopt the attached resolution which would approve the updated feasibility report and call for the hearing on December 15. Potential Council Action Move to adopt the resolution receiving feasibility report and calling for public hearing on the 2016 Sioux Drive Turn Lane Improvement Project. Attachments 1. DRAFT Resolution 2. Updated Feasibility Report Sioux Drive Turn Lane Page 2 of 2 November 17, 2015 Improvement Project City Council Meeting Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2015-## RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING FOR PUBLIC HEARING ON 2016 SIOUX DRIVE TURN LANE IMPROVEMENT PROJECT WHEREAS, pursuant to resolution of the city council adopted September 15, 2015, a report has been prepared by the city engineer with reference to the proposed 2016 Sioux Drive Turn Lane Improvement Project, the improvement of Sioux Drive from Westfalen Trail to Trunk Highway 55 by widening portions of the roadway, reconfiguration of existing turn lanes, minor storm sewer improvements, and restriping of the intersection; and WHEREAS, the report provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate the individual assessments for affected parcels; and WHEREAS, the estimated cost of the improvement is $219,000 and is intended to be assessed to benefitted properties in the vicinity of the improvement. NOW, THEREFORE, BE IT RESOLVED, by the city council of the city of Medina, as follows: 1. The feasibility report is hereby accepted and the project is determined to be necessary, cost-effective and feasible. 2. Pursuant to Minn. Stat., Chapter 429, the city council shall hold a public hearing related to the making of such improvements on December 15, 2015 at 7:00 p.m. in the council chambers at Medina city hall. Dated: November 17, 2015. Bob Mitchell, Mayor Attest: Scott T. Johnson, City Administrator -Clerk Resolution No. 2015-## November 17, 2015 The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2015-## 2 November 17, 2015 MEDINA City of Medina 2052 County Road 24 • Medina, MN 55340 FEASIBILITY Report October 15, 2015 2016 Sioux Drive Turn Lane Improvement Project City of Medina Hennepin County, Minnesota WSB Project No. 2712-610 WS 41 AsAry ,vtr.F, Inc. 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 Tel: (763) 541-4800 Fax: (763) 541-1700 wshenvom FEASIBILITY REPORT 2016 SIOUX DRIVE TURN LANE IMPROVEMENT PROJECT FOR THE CITY OF MEDINA, MINNESOTA October 15, 2015 Prepared By: WSB & Associates, Inc. 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 763-541-4800 763-541-1700 (Fax) Feasibility Report 2016 Sioux Drive Turn Lane Improvement Project City of Medina, MN WSB Project No. 2712-610 WSB && Associates, engineering • planning • environmental • construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 October 15, 2015 Honorable Mayor and City Council City of Medina 2052 County Road 24 Medina, MN 55340 Re: Feasibility Report 2016 Sioux Drive Turn Lane Improvement Project City of Medina, MN WSB Project No. 2712-610 Dear Honorable Mayor and City Council Members: Transmitted herewith for your review is a feasibility report which addresses proposed improvements associated with the 2016 Sioux Drive Turn Lane Improvement Project. I am available at your convenience to discuss this report. Please do not hesitate to contact me at 612-209-5113 or Jim at 763-287-8532 if you have any questions regarding this report. Sincerely, WSB & Associates, Inc. /074 Tom Kellogg, PE City Engineer Enclosure L� im Stremel, PE Project Manager Equal Opportunity Employer wsbeng.com CERTIFICATION I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Jim Str el, PE Date: October 15, 2015 Lic. No. 45782 Quality Control Review Completed By: /OW/ Tom Kogg, Date: October 15, 2015 Lic. No. 26917 Feasibility Report 2016 Sioux Drive Turn Lane Improvement Project City of Medina, MN WSB Project No. 2712-610 TABLE OF CONTENTS TITLE SHEET LETTER OF TRANSMITTAL CERTIFICATION SHEET TABLE OF CONTENTS 1.0 EXECUTIVE SUMMARY 10 2.0 PROJECT SUMMARY 20 2.10 Introduction 20 2.1.10 Authorization 20 2.1.20 Scope 20 2.1.30 Data Available 20 2.1.40 Project Background 20 2.20 Existing Conditions 30 2.2.10 Surface 30 2.2.20 Sanitary Sewer and Watermain 30 2.2.30 Drainage 30 2.2.40 Private Utilities 30 2.30 Proposed Improvements 40 2.3.10 Roadway 40 2.3.20 Drainage 40 2.3.30 Sanitary Sewer and Watermain 40 2.3.40 Easements 50 2.3.50 Permits/Approvals 50 2.3.60 Construction Access/Staging 50 2.3.70 Public Involvement 50 3.0 FINANCING 60 3.10 Opinion of Cost 60 3.20 Funding 60 3.30 Preliminary Assessment Roll 60 4.2 PROPOSED SCHEDULE 70 5.0 FEASIBILITY, NECESSITY, AND COST EFFECTIVENESS 80 6.2 CONCLUSIONS AND RECOMMENDATION 90 Appendix A Figure 1 — Project Location Map Figure 2 — Typical Section Appendix B Engineer's Opinion of Probable Cost Appendix C Preliminary Assessment Map Preliminary Assessment Roll Feasibility Report 2016 Sioux Drive Turn Lane Improvement Project City of Medina, MN WSB Project No. 2712-610 1. EXECUTIVE SUMMARY The 2016 Sioux Drive Turn Lane Improvement Project was initiated in response to the commercial development in the immediate area and an anticipated increase in traffic volumes. The added turn lanes will accommodate more frequent vehicular movements into the adjacent commercial properties. The proposed improvements are focused at the intersection of Sioux Drive and Westfalen Trail and extend north near Trunk Highway (TH) 55. These improvements include the addition of new turn lanes, extension of the existing turn lanes, widening portions of the roadway, replacement of concrete medians and curb, storm sewer improvements, and restriping of the lanes and intersection at Westfalen Trail. The total estimated project cost for the 2016 Sioux Drive Turn Lane Improvement Project is $219,000 which includes a 10% contingency and 28% indirect costs for legal, engineering, administrative, and financing costs. The project is proposed to be funded through special assessments to benefitting property owners. Petition and waiver agreements have been executed and four property owners will share in the project cost on an area basis. One of the conditions of the agreement is that the notice of both the improvement hearing and the assessment hearing is waived. Although, the hearings are not necessary, the City Council will still be required to adopt the pertinent resolutions to order the project and adopt the assessment roll when the appropriate time comes. The project is proposed to be completed in 2016, including restoration items. The project is feasible, necessary, and cost-effective from an engineering standpoint and should be constructed as proposed herein. Feasibility Report 2016 Sioux Drive Turn Lane Improvement Project City of Medina, MN WSB Project No. 2712-610 Page 1 2. PROJECT SUMMARY 2.1 Introduction 2.1.1 Authorization On September 15, 2015, the Medina City Council authorized the preparation of an Engineering Feasibility Report for the 2016 Sioux Drive Turn Lane Improvement Project. 2.1.2 Scope This report investigates the feasibility of proposed improvements and additions to the turn lanes identified at the intersection of Sioux Drive at Westfalen Trail. The improvements to Sioux Drive were initially proposed in response to the anticipated increase in traffic volume and turning movements due to commercial development. The proposed improvements on Sioux Drive extend from TH 55 south to the railroad tracks, but are focused primarily at the intersection of Sioux Drive and Westfalen Trail. Improvements within this report include the addition of new turn lanes, extension of the existing turn lanes, widening portions of the roadway, replacement of concrete medians and curb, storm sewer improvements, and restriping of the lanes of the intersection at Westfalen Trail. 2.1.3 Data Available Information and materials used in the preparation of this report include the following: ■ City of Medina Utility Record Plans ■ City of Medina Topography Maps ■ Private Utility Maps ■ Private Development Plans ■ City of Medina Assessment/Improvement Policy 2.1.4 Project Background This project was initiated in response to the commercial development in progress in the immediate area. The additional commercial space, including an ALDI grocery store, is anticipated to increase the traffic volumes on Sioux Drive and create a need for turn lanes to accommodate the additional vehicles. Feasibility Report 2016 Sioux Drive Turn Lane Improvement Project City of Medina, MN WSB Project No. 2712-610 Page 2 2.2 Existing Conditions 2.2.1 Surface Sioux Drive, within the proposed improvement area, shows signs of minor alligator cracking, edge cracking, longitudinal cracking, and transverse cracking. The project area also contains landscaping, trees, and other private improvements beyond the edge of the roadway and within City right-of-way. Soil borings or a geotechnical review was not obtained prior to the preparation of this report. An existing sidewalk extends from TH 55 south to the railroad tracks on the east side, but extends all the way to Hamel Road on the west side of Sioux Drive. 2.2.2 Sanitary Sewer and Watermain Sanitary sewer is located within the general project area along Sioux Drive and adjacent to the development on the east side of the roadway. The scope of the proposed turn lane improvements does not facilitate the need to replace sanitary sewer systems and therefore no televising or manhole inspections were completed. Watermain also exists along Sioux Drive in the immediate project area including gate valves and hydrants which are in conflict with the proposed construction. 2.2.3 Drainage Limited storm sewer exists within the proposed project area. Stormwater on Sioux Drive is directed north to a catch basin located near the northeast corner of the intersection with Westfalen Trail. The stormwater is then conveyed within a piping system north to the existing storm sewer located at the intersection of Sioux Drive and TH 55. 2.2.4 Private Utilities Private utilities that have facilities in or near the project area will be notified during the final design phase of the project and will be requested to coordinate any necessary repairs, relocations, and replacements as needed at their cost. Private utility companies that have facilities within the project area include the following: ■ Arvig ■ CenterPoint Energy (Gas) ■ CenturyLink (Telephone/Internet) ■ Mediacom (Telecom) ■ Rogers Telecom (Telecom) ■ Sprint Nextel (Telephone) ■ Windstream (Telecom) ■ Xcel Energy (Electric/Gas) ■ Zayo Group Feasibility Report 2016 Sioux Drive Turn Lane Improvement Project City of Medina, MN WSB Project No. 2712-610 Page 3 2.3 Proposed Improvements 2.3.1 Roadway Surface improvements proposed with the 2016 Sioux Drive Turn Lane Improvement Project include the addition of turn lanes, extension of the existing turn lanes, widening portions of the roadway, replacement of concrete medians and curb, and the restriping of the lanes and intersection. Figure 1 of Appendix A illustrates the proposed turn lane improvements. Sioux Drive will be widened approximately 10 feet on the north side and 15 feet on the south of the intersection with Westfalen Trail. Street profile and cross -slope grades are proposed to match the existing to the greatest extent possible to minimize additional pavement replacement and extensive storm sewer installations along Sioux Drive. The section of roadway entering the ALDI site on the east side of Sioux Drive will require widening to accommodate the appropriate turn lane improvements. The City's standard pavement section for an urban collector street will be utilized. Figure 2 of Appendix A illustrates this proposed roadway section. An existing sidewalk will be relocated further east to accommodate the road widening at the northeast quadrant of the intersection of Sioux Drive and Westfalen Trail. The existing sidewalk width will be maintained but no further extension south of the ALDI intersection is proposed. Due to the proposed grading of the ALDI site and the turn lane improvements, a retaining wall will be required to accommodate construction of the relocated concrete sidewalk. 2.3.2 Drainage Extensive drainage improvements are not anticipated with this project. An existing catch basin within the easterly curb line of Sioux Drive is proposed to be modified in order to accommodate roadway widening. The top -slab of the structure will be replaced to allow the installation of a solid top casting. A new catch basin will be installed at the relocated curb line and connected to the existing structure. Remaining manhole castings within the project will be repaired/replaced to meet current City standards. 2.3.3 Sanitary Sewer and Watermain Sanitary sewer improvements are not proposed as a part of the turn lane improvement project. Any manhole casings located within the immediate project area will be adjusted to final grades accordingly. The existing hydrant located on east side of Sioux Drive approximately 120 feet north of the intersection with Westfalen Trail is in conflict with the new turn lane location and will be relocated behind the relocated sidewalk. Existing gate valves will be adjusted to finished grades where street work is proposed. No further work on the watermain or sanitary sewer systems is proposed with this project. Feasibility Report 2016 Sioux Drive Turn Lane Improvement Project City of Medina, MN WSB Project No. 2712-610 Page 4 2.3.4 Easements It is anticipated that work will take place within the existing roadway right-of-way or within existing drainage and utility easements. Additional permanent right-of-way or easement acquisition is not expected to be needed to construct the project as proposed. Temporary construction access on the ALDI property to the east may be required to accommodate the turn lane improvements, the hydrant relocation, and final boulevard grading. Further discussion with the owners of the ALDI site regarding roadway widening and disturbance during construction will occur during final design. Written permission or waiver of trespass agreements will be secured from private property owners for these encroachments if necessary. 2.3.5 Permits/Approvals The anticipated level of surface disturbance during construction will be approximately 8,000 square feet and therefore an NPDES permit will not be required. The increase in impervious surface will be approximately 4,500 square feet so the City's stormwater treatment threshold will not be triggered. Based on the proposed improvements, it is not anticipated that any permits will be required for the work. Portions of the proposed improvements are located in close proximity to the Canadian Pacific Railroad at the south end of the project area. A courtesy copy of the plans will be provided to the appropriate contact for comment. 2.3.6 Construction Access/Staging The contractor will be responsible for providing access to all properties throughout the project. Adequately signed detours will be identified to direct traffic around the construction zones and notify users of the increased truck and construction activity as needed. 2.3.7 Public Involvement At this time a formal neighborhood meeting or open house will not be conducted as a part of this project. City staff can meet individually with each property owner as needed. Feasibility Report 2016 Sioux Drive Turn Lane Improvement Project City of Medina, MN WSB Project No. 2712-610 Page 5 3. FINANCING 3.1 Opinion of Cost Detailed opinions of cost for the project can be found in Appendix B of this report. The opinions of cost incorporate estimated 2015 construction costs and include a 10% construction contingency factor. Indirect costs are projected at 28% of the construction cost and include engineering, legal, financing, and administrative costs. The total project cost inclusive of the proposed street and storm sewer improvements is $219,000. 3.2 Funding Financing for the 2016 Sioux Drive Turn Lane Improvement Project will be provided solely through special assessments to benefitting properties. 3.3 Preliminary Assessment Roll Assessments will be levied to the benefitting properties as outlined in Minnesota Statute 429 and the City's Assessment Policy. Special assessments to benefitting properties are proposed to fund 100% of the project cost. Petition and waiver agreements have been executed and four property owners will share in the project cost on a developable area basis. One of the conditions of the agreement is that the notice of both the improvement and assessment hearings is waived. Although the hearings are not necessary, the City Council will still be required to adopt the appropriate resolutions ordering the project and adopting the assessment roll when the appropriate time comes. The proposed assessment roll and a summary of the proposed assessment calculations are included in Appendix C of this report, along with an Assessment Map ID highlighting the benefitting properties. Feasibility Report 2016 Sioux Drive Turn Lane Improvement Project City of Medina, MN WSB Project No. 2712-610 Page 6 4. PROPOSED SCHEDULE The proposed project schedule for the 2016 Sioux Drive Turn Lane Improvement Project is as follows: City Council Receives Feasibility Study, Orders Project, and Authorizes Plans October 20, 2015 Final Design October 2015 — January 2016 Approve Plans and Specifications/Authorize Ad for Bids January/February 2016 Open Bids February/March 2016 City Council Receives Bids and Awards Construction Contract March 2016 City Approves Consultant Contract (Construction Services) March 2016 Begin Construction May/June 2016 Final Completion August/September 2016 City Council Adopts Assessment Roll October 2016 Feasibility Report 2016 Sioux Drive Turn Lane Improvement Project City of Medina, MN WSB Project No. 2712-610 Page 7 5. FEASIBILITY, NECESSITY, AND COST EFFECTIVENESS The improvements proposed in this study are necessary to accommodate the anticipated increase in vehicular traffic, turning movements, and are feasible. The addition and reconstruction of turn lanes provides the City with a cost-effective means of continuing the City's street improvement efforts and ensures an adequate means of transportation for local businesses. In addition, the improvements represent a significant benefit to the owners of the commercial properties in the immediate area. Based on the information contained within this report, the proposed improvements as described can be considered to be necessary, cost-effective, and feasible from an engineering standpoint. Feasibility Report 2016 Sioux Drive Turn Lane Improvement Project City of Medina, MN WSB Project No. 2712-610 Page 8 6. CONCLUSIONS AND RECOMMENDATION The 2016 Sioux Drive Turn Lane Improvement Project includes the addition of new turn lanes, extension of the existing turn lanes, widening portions of the roadway, replacement of concrete medians and curb, relocating an existing sidewalk, storm sewer improvements, and restriping of the lanes and intersection at Westfalen Trail. The total estimated cost for the 2016 Sioux Drive Turn Lane Improvement Project is $219,000. Proposed funding for the project will be provided solely through special assessments. Petition and waiver agreements have been executed and four property owners will share in the project cost on an area basis. This proposed project is feasible, necessary, and cost-effective from an engineering standpoint. The project feasibility is subject to financial review by the City. Based on the information contained in this document, it is recommended to proceed with the improvements as outlined in this report. Feasibility Report 2016 Sioux Drive Turn Lane Improvement Project City of Medina, MN WSB Project No. 2712-610 Page 9 APPENDIX A Figure 1— Project Location Map Figure 2 — Typical Section Feasibility Report 2016 Sioux Drive Turn Lane Improvement Project City of Medina, MN WSB Project No. 2712-610 VClydesdale Trail h4rdkn munity Ceni, SITE WSB ! A�OCMq M 4150 Olson Memorial Highway Suite 300 Minneapolis, MN 55422 763-541-4800 FAX 763-541-1700 cD `• o /? ro ALDI INC. SITE UNDER CONSTRUCTION) TW 978.50 BW 978.00 INSTALL NEW STORM SEWER CATCH BASIN AN CONNECT TO EXISTING CATCN_BASIN INSTALL SOLID CASTING ON EXISTING CATCH BASIN HAMEL TOWN CENTER (WEST FINANCIAL) TW 980.00 21 BW 978.50 "' 1\ I /0 i ii ii1 ...,_% iii _ /,/ i / 0/ i i iir /, ., TW 980.50 �- BW 980.00 I°;\\ ,I\I I I .I I I .j 1 1 1 . 1 -1 1 .1 1 1 1 ADJUST EXISTING GATE VALVE RETAINING WALL ________________ W/ DECORATIVE RAILING siDUX DRIVE i 0 30 Scale: 1" = 30' 60 SIOUX DRIVE TURN LANE IMPROVEMENT PROJECT PROPOSED PROJECT AREA WSB Project No. 2712-610 FIGURE 1 INFRASTRUCTURE • ENGINEERS • PLANNERS r Sioux Drive Turn Lane R/W VARIES INSET A 14' TURN LANE 5' 2.0% <2.0% B618 CONCRETE CURB AND GUTTER 2' DECORATIVE FENCE RETAINING WALL 114 MAX 1:4 Mqx 2" TYPE SP 12.5 WEAR COURSE MIX (SPWEB340E) 2357 BITUMINOUS TACK COAT 4" TYPE SP 12.5 NONWEAR COURSE MIX (SPNWB330B) 14" CLASS 5 AGGREGATE BASE NON -WOVEN GEOTEXTILE FABRIC APPROVED SUBGRADE INSET A WSB & Associates, Inc. III 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 www.wsbeng.com o ® 763-541-4800 - Fax 763-541-1700 \ INFRASTRUCTURE ENGINEERING PLANNING CONSTRUCTION SIOUX DRIVE TURN LANE IMPROVEMENT PROJECT TYPICAL SECTION WSB NO. 2712-610 FIGURE MEDINA, MINNESOTA MEDINA APPENDIX B Engineer's Opinion of Probable Cost Feasibility Report 2016 Sioux Drive Turn Lane Improvement Project City of Medina, MN WSB Project No. 2712-610 Opinion of Probable Cost WSB Project: Sioux Drive Turn Lane Improvement Project Design By: LML Project Location: Medina, MN Checked By: JLS City Project No.: WSB Project No: 2712-610 Date: 10/15/2015 MN/DOT Item No. Specification Description Unit Estimated Estimated Unit Estimated No. Total Quantity Price Total Cost A. STREET & STORM SEWER IMPROVEMENTS 1 2 2021.501 MOBILIZATION LUMP SUM 1 $10,000.00 $10,000.00 2 2104.501 REMOVE SEWER PIPE (STORM) LIN FT 180 $10.00 $1,800.00 3 2104.501 REMOVE CATCH BASIN (STORM) EACH 1 $800.00 $800.00 4 2104.501 REMOVE CURB AND GUTTER LIN FT 350 $8.00 $2,800.00 5 2104.503 REMOVE BITUMINOUS PAVEMENT SQ YD 430 1 $6.00 $2,580.00 6 2104.503 REMOVE CONCRETE WALK SQ FT 1,170 l $5.00 $5,850.00 7 2104.509 REMOVE SIGN EACH 1 $100.00 $100.00 8 2104.511 SAWING CONCRETE PAVEMENT (FULL DEPTH) LIN FT 15 $8.00 $120.00 9 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LIN FT 400 $8.00 $3,200.00 10 2105.507 COMMON EXCAVATION (P) CU YD 500 $25.00 $12,500.00 11 2105.522 SELECT GRANULAR BORROW CU YD 220 $25.00 $5,500.00 12 2105.604 GEOTEXTILE FABRIC TYPE V SQ YD 1,560 $3.00 $4,680.00 13 2112.501 SUBGRADE PREPARATION ROAD STA 4 $500.00 $2,000.00 14 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR 20 $200.00 $4,000.00 15 2130.501 WATER M GALLONS 15 $50.00 $750.00 16 2211.501 AGGREGATE BASE CLASS 5 TON 350 $20.00 $7,000.00 17 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON 28 $5.00 $140.00 18 2360.501 TYPE SP 12.5 WEARING COURSE MIX (3,B) TON 55 $145.00 $7,975.00 19 2360.502 TYPE SP 12.5 NON WEAR COURSE MIX (3,B) TON 114 $145.00 $16,530.00 20 2411.618 MODULAR BLOCK RETAINING WALL SF 120 $60.00 $7,200.00 21 2503.541 15" RC PIPE SEWER DESIGN 3006 CLASS V - LIN FT _ 10 $100.00 $1,000.00 22 2503.602 CONNECT TO EXISTING STORM SEWER EACH 1 $800.00 $800.00 23 2506.516 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 1 EACH 1 $2,500.00 $2,500.00 24 2521.501 4" CONCRETE WALK SQ FT 930 $10.00$9,300.00 25 2531.501 CONCRETE CURB & GUTTER DESIGN B618 LIN FT 375 $25.00 $9,375.00 26 2531.601 ADA COMPLIANCE SUPERVISOR LUMP SUM 1 $1,500.00 $1,500.00 27 2531.618 TRUNCATED DOMES SQ FT 24 $50.00 $1,200.00 28 2557.603 INSTALL ORNAMENTAL FENCE LIN FT 48 $150.00 $7,200.00 29 2565.602 LOOP DETECTOR EACH 2 $1,500.00 $3,000.00 30 2563.601 TRAFFIC CONTROL LUMP SUM 1 $10,000.00 $10,000.00 31 2564.536 INSTALL SIGN PANEL TYPE C EACH 1 $400.00 $400.00 32 2537.502 SILT FENCE, MS LIN FT 750 1 $5.00 $3,750.00 33 2573.530 STORM DRAIN INLET PROTECTION EACH 3 T $300.00. $900.00 34 2575.505 SODDING TYPE LAWN (INCL. TOPSOIL & FERT.) SQ YD 230 J $10.00 $2,300.00 35 2582.501 PAVEMENT MESSAGE (LT ARROW) EACH 5 $300.00 $1,500.00 36 2582.501 PAVEMENT MESSAGE (RT ARROW) EACH 2 $300.00 $600.00 37 2582.501 PAVEMENT MESSAGE (THRU ARROW) EACH 3 $300.00 $900.00 38 -.. 2582.501 PAVEMENT MESSAGE (RT-THRU ARROW) EACH 3 -- -' $500.00 $1,500.00 39 2582.502 4" DOUBLE LINE YELLOW - EPDXY LIN FT 180 $3.00 $540.00 40 2582.502 4" SOLID LINE WHITE - EPDXY LIN FT 850 T $2.00 $1,700.00 TOTAL $155,500.00 CONTINGENCY TOTAL (10%) $15,600.00 SUBTOTAL TOTAL $171,100.00 INDIRECT COST TOTAL (28%) $47,900.00 TOTAL $219,000.00 APPENDIX C Preliminary Assessment Map Preliminary Assessment Roll Feasibility Report 2016 Sioux Drive Turn Lane Improvement Project City of Medina, MN WSB Project No. 2712-610 Sioux Drive Turn Lane Improvements VI Assessment Map MED[NA City of Medina, MN MCI 0 150 300 Feet N WSB && Associates, Inc. Preliminary Assessment Roll - Sioux Drive Turn Lane Improvement Project WSB Project: 02712-610 Project Location: City of Medina Total Project Cost: $219, 000 MAPRD PID FEERDWNER FEEYDWNERIADDRESS CITY/STATE ZIPMODE PROPERTYADDRESS 1 1211823410069 ALDIIINCGCORPMDMIN/CORPMCCTNT 42011:AGLEYMVEEN FARIBAULT,EMN 55021 1003NESTFALENQRAIL 2 1211823410116 WEST[FINANCIALANAMELQOWNITENTERILC 3575510UXIDR MEDINA,ININ 55340 3575510UXIADRIVE 3 1211823410118 IPIIIIIAMELILLC 500©ACKSON3TMITE1200 STIPAUL,ININ 55101 1901/VESTFALENQRAIL 4 1211823410117 WESLEYLHOLDINGSILC 16051:LUEBIRD[LN MOUND,I3MN 55364 17013NESTFALENO"RAIL MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: November 12, 2015 SUBJ: Planning Department Updates November 17, 2015 City Council Meeting Land Use Application Review A) Medina Mini -Storage Site Plan Review; Text Amendment — 4790 Rolling Hills Road — Highway 55 Rental Portable Storage, LLC has requested a site plan review to construct three additional mini - storage buildings. The applicant has also requested an amendment to the City's zoning code to allow fiber -cement ("Hardiboard") exterior building materials in the Rural Business and Rural Commercial Holding districts. The Planning Commission held a public hearing at the October 13 meeting. The Commission supported fiber cement materials (lap siding only) in the RBH and RCH districts and recommended approval of the site plan review. The City Council adopted the ordinance on November 4 and reviewed the site plan on November 4 and directed staff to prepare a resolution of approval. This resolution will be presented on November 17. B) Bradford Creek Plat and ROW Vacation — 2872 Ardmore Ave. — Susan Prodahl, Carl Henderson, and Paul Henderson have requested plat approval in order to re -plat eight substandard lots in Independence Beach into two buildable lots. The applicants have also requested that the City vacate a portion of right-of-way to the north of the subject site in which there is currently no roadway improvements. Staff is conducting a preliminary review to determine if the application is complete for review. A public hearing could potentially be held at the December 8 Planning Commission meeting. C) Kal Point Site Plan Reivew, PUD Amendment — 340 Clydesdale Trail — Kalyan Vempaty has requested an amendment to the Medina Clydesdale Marketplace PUD and a Site Plan Review to construct a commercial building containing a restaurant and upstairs office space on the final lot within Clydesdale Marketplace. Staff is conducting a preliminary review to determine if the application is complete for review. A public hearing could potentially be held at the December 8 Planning Commission meeting. D) 45 Highway 55 Rezoning — Steve Clough has requested that the City rezone property to the east of Aldi from Uptown Hame1-2 to Commercial Highway -Railroad. This zoning is the same as the Aldi site and the property to the west of Sioux Drive in the vicinity. The rezoning is in anticipation of commercial development of the site. A public hearing is tentatively scheduled for the December 8 Planning Commission meeting. E) Woodland Hill Preserve sign variance — 696 Woodland Hill Court — Woodland Hill Preserve Inc. has requested a variance from the setback requirements for signs for the neighborhood monument sign of Woodland Hill Preserve. A public hearing is tentatively scheduled for the December 8 Planning Commission meeting. F) Wealshire LLC Comp Plan Amendment, Rezoning, Site Plan Review — Wealshire, LLC has requested a site plan review for construction of a 173,000 sf memory care facility. The request also includes a rezoning from RR-UR to Business Park and an Interim Use Permit to permit continued agricultural use of the portion of the property not proposed to be developed. The Met Council has also approved of the previous Comp Plan amendment. The Planning Commission meeting reviewed the rezoning, site plan review and interim use permit at the February 10 meeting and unanimously recommended approval. The City Council reviewed at the May 19 meeting and directed staff to prepare approval documents. The applicant has subsequently changed their proposed site plan which Planning Department Update Page 1 of 2 November 17, 2015 City Council Meeting was presented to the Planning Commission and Council. The applicant is working on finalizing construction plans. G) St. Peter and Paul Cemetery and Hamel Place —The City Council has adopted resolutions approving these projects, and staff is assisting the applicants with the conditions of approval in order to complete the projects. H) Stonegate Conservation Design Subdivision, Woods of Medina, Capital Knoll— these preliminary plats have been approved and staff is awaiting a final plat application I) Hamel Haven, Buehler subdivisions — This subdivision has received final approval. Staff is working with the applicants on the conditions of approval before construction begins. J) Wright -Hennepin Solar Panels — WH has requested a conditional use permit for the installation of a solar garden approximately an acre in area at their substation on Willow Drive, south of Highway 55. The Council adopted a resolution of approval at the June 16 meeting. Staff will work with the applicant to meet the conditions of approval before construction. Other Proiects A) Comprehensive Plan — The Visioning Event was held on November 9. Discussions were good, but turnout was lower than hoped. Staff is discussing how to increase involvement via mySidewalk ahead of the concurrent City Council/Planning Commission meeting on December 1. Staff also attended the Steering Committee meeting on 11/12. The Steering Committee will next meet on 11/19. B) County Road 19 Sewer — staff attended meetings related to sewer infrastructure along County Road 19. Discussion revolved around the potential of Loretto connecting in order to abandon their treatment facility and the Metropolitan Council taking over service in the area in the longer term. C) Sioux Drive Turn Lane Improvement Project — staff prepared updated information for Council review related to this project and the possibility of expanding the assessment area. D) Employee Training Session — staff attended a half -day training session which included topics such as office wellness and data practices. E) Protecting Water Quality in Agricultural Watersheds — I attended a forum from the Freshwater Society on this subject at the University of Minnesota. F) Broadband Expansion opportunities — staff has taken part in a number of discussions related to opportunities to expand high speed intern& access in the City. G) Pictometry Training — Hennepin County has purchased very high -quality aerial photography and has offered access to cities in the county through a service called Pictometry. I attended a training on how to access this service. Planning Department Update Page 2 of 2 November 17, 2015 City Council Meeting MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: November 10, 2015 MEETING: November 17, 2015 SUBJECT: Public Works Update STREETS • The streets look good and are ready for winter. They are installing the curb protection on Tower Drive and on the side street radius along Hamel Road. • PW has been doing some brush cutting in areas that have low hanging branches that cause problems for the trucks when it snows. • PW has installed many new winter parking signs in the City to notify people of the no overnight parking regulations from November through March 31 st • PW has been patching around the manholes and valves in the streets to protect them from the snowplows. • PW will be marking certain areas with street markers to protect sod and curb from snowplow damage. WATER/SEWER/STORMWATER • Flushing is complete and there are just a few repairs to be made to our hydrants. • I will be working with WSB on the plans and specs for the Well house #3 upgrades to accommodate well #8. We plan to have them before Council on December 15tn • The raw watermain along Brockton Lane is being installed as part of the Enclave at Brockton project. I have also contracted with the contractor to install the structure at the storm pond. PARKS/TRAILS • The parks are winterized and ready for the coming season. We will also be marking areas along the trails to try to preserve sod as much as possible when we plow. • We have been gathering some engineering quotes for the Arrowhead Trail project next year. • The City contractor has completed fall cleanup on our designated parks and City Hall. MISCELLANEOUS • The brush pile has been extremely busy with all the leaves. I have been in on the weekends a few times just to keep space to dump. I make a habit of asking for identification and I do find residents from other cities at times. I have also contacted the brush grinder and he has put us on his schedule for one more brush grinding this fall. ORDER CHECKS November 6, 2015 - November 17, 2015 43577 CES PRINTING SOLUTIONS $150.00 43578 JP SALEA GROUP $150.00 43579 US HOME CORP $10,000.00 43580 MATTAMY MPLS PRTNSHP $30,000.00 43581 PRIMROSE SCHOOL $60.00 43582 TROBAUGH, ANNE/COREY $221.54 43583 HAMBURGER, GARIN R. $500.00 43584 LOPESIO, PATRICIA $175.00 43585 MATTAMY MPLS PRTNSHP $20,000.00 43586 METROPOLITAN COUNCIL $20,367.83 43587 DEY, ANTARA $250.00 43588 DIKSHIT, BISWAJIVAN $250.00 43589 KHAN, MUHAMMAD $150.00 43590 MOROZ, JENNIFER $500.00 43591 PINE TAR ACADEMY $500.00 43592 SCHUNEMAN, YVONNE $250.00 43593 TOLL BROS, INC $20,000.00 43594 SAMUEL J VANDEPUTTE $3,000.00 43595 ADAM'S PEST CONTROL INC $99.00 43596 ALLSTAR ELECTRIC $90.00 43597 BLUE CROSS BLUE SHIELD OF MN $29,251.26 43598 CENTURYLINK $194.02 43599 DOBOS $113.80 43600 EARL F ANDERSEN INC $144.10 43601 ECM PUBLISHERS INC $39.58 43602 GOPHER STATE ONE CALL $501.80 43603 GRAINGER $37.12 43604 HAMEL LUMBER INC $433.62 43605 HENN CTY RESIDENT/REAL ESTATE $97.00 43606 KENNEDY & GRAVEN CHARTERED $8,594.25 43607 LAWN KING, INC $49.50 43608 CITY OF MAPLE PLAIN $3,514.48 43609 METROPOLITAN COUNCIL $20,367.83 43610 METRO WEST INSPECTION $12,789.64 43611 NAPA OF CORCORAN INC $84.95 43612 NELSON ELECTRIC MOTOR REPAIR $575.00 43613 NORTHERN TECHNOLOGIES INC $14,024.88 43614 NORTHWEST ASSOC CONSULTANTS $1,124.85 43615 OFFICE DEPOT $417.83 43616 CITY OF ORONO $1,386.29 43617 PILATES ADVANTAGE $110.00 43618 TIMESAVER OFFSITE $279.00 43619 TOTAL TOOL $200.04 43620 WESTSIDE WHOLESALE TIRE $1,368.20 Total Checks $202,412.41 Electronic Payments November 6, 2015 - November 17, 2015 003389E ELAN FINANCIAL SERVICE $2,976.77 003390E SELECT ACCOUNT $726.53 003391E CIPHER LABORATORIES INC. $5,012.00 003392E VALVOLINE FLEET SERVICES $109.48 003393E PREMIUM WATERS INC $147.25 003394E PAYMENT SERVICE NETWORK INC $318.90 003395E PITNEY BOWES POSTAGE BY PHONE $1,000.00 003396E CITY OF PLYMOUTH $805.93 003397E VERIZON WIRELESS $1,196.97 003398E CULLIGAN-METRO $31.80 003399E PR PERA $13,995.14 003400E PR FED/FICA $15,605.68 003401E PR MN Deferred Comp $2,055.00 003402E PR STATE OF MINNESOTA $3,156.41 003403E SELECT ACCOUNT $1,185.33 003404E CITY OF MEDINA $18.00 003405E FARMERS STATE BANK OF HAMEL $20.00 003406E FRONTIER $55.41 Total Electronic Checks $48,416.60 PAYROLL DIRECT DEPOSIT November 4, 2015 506749 ALTENDORF, JENNIFER L. $1,269.15 506750 ANDERSON, JOHN G. $230.87 506751 BARNHART, ERIN A. $1,861.09 506752 BELLAND, EDGAR J. $2,484.21 506753 BOECKER, KEVIN D. $3,440.41 506754 CONVERSE, KEITH A. $2,328.30 506755 COUSINEAU, LORIE K $230.87 506756 DINGMANN, IVAN W $1,828.69 506757 DOMINO, CHARMANE $1,729.03 506758 ENDE, JOSEPH $1,356.10 506759 FINKE, DUSTIN D $2,062.80 506760 GALLUP, JODI M $1,587.25 506761 GLEASON, JOHN M. $1,736.82 506762 GREGORY, THOMAS $1,823.55 506763 HALL, DAVID M. $2,147.61 506764 JESSEN, JEREMIAH S $2,321.23 506765 JOHNSON, SCOTT T. $2,139.93 506766 KLAERS, ANNE M. $1,094.26 506767 LANE, LINDA $1,465.16 506768 LEUER, GREGORY J. $1,847.33 506769 MARTIN, KATHLEEN M $230.87 506770 MCGILL, CHRISTOPHER R. $1,358.15 506771 MITCHELL, ROBERT G $327.07 506772 NELSON, JASON $2,692.55 506773 PEDERSON, JEFF $221.92 506774 PETERSON, DEBRAA $1,545.17 506775 REINKING, DEREK M $1,693.84 506776 SCHERER, STEVEN T. $2,193.57 506777 VIEAU, CECILIA M. $1,105.04 506778 WENANDE, BRANDON S $493.77 Total Payroll Direct Deposit $46,846.61 MEDINA POLICE DEPARTMENT 600 Clydesdale Trail Medina, MN 55340.9790 p:763-473.9209 f:763-473-8858 non -emergency: 763.525.6210 MEMORANDUM Emergency 9-1-1 TO: City Administrator Scott Johnson and City Council FROM: Director Edgar J. Belland DATE: November 24, 2015 RE: Department Updates Out of the Office On Thursday, November 5, 2015, I was having trouble with my left eye. I went to my eye doctor and was told I had a detached retina. I was scheduled for emergency surgery on Friday morning at the Philips Eye Institute in Minneapolis. I had the surgery and am recovering at home. I had a recheck on Wednesday, November 1 lth and was told the eye is healing well. I have a gas bubble in my left eye that affects my vision. The bubble should dissipate over the next week. Once that is gone, I should be able to return to work. I am available by phone if there is something that comes up.