HomeMy Public PortalAbout12.20.2016 City Council Meeitng PacketMEDINA
AGENDA FOR THE REGULAR MEETING
OF THE MEDINA CITY COUNCIL
Tuesday, December 20, 2016
7:00 P.M.
Medina City Hall
2052 County Road 24
Meeting Rules of Conduct:
• Fill out and turn in white
comment card
• Give name and address
• Indicate if representing a group
• Limit remarks to 3-5 minutes
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
IV. APPROVAL OF MINUTES
A. Minutes of the December 6, 2016 Regular Council Meeting
V. CONSENT AGENDA
A. Approve Letter for Hamel Volunteer Fire Department Truck Financing
B. Approve Labor Agreement between Law Enforcement Labor Services, Inc. (LOCAL #36) and the
City of Medina
C. Resolution Denying Variance Request of Ellis and Nancy Olkon at 2362 Willow Drive
D. Ordinance Establishing a Planned Unit Development District for "AutoMotorPlex of Medina" and
Amending the Official Zoning Map
E. Resolution Authorizing Publication of the Ordinance Establishing a Planned Unit Development
District for "AutoMotorPlex of Medina" and Amending the Official Zoning Map by Title and
Summary
F. Resolution Granting Preliminary and Final Plat Approval for Loram First Addition
G. Resolution Granting Site Plan Review Approval for AutoMotorPlex of Medina
H. Approve Planned Unit Development Agreement by and Between the City of Medina and Medina
MP, LLC
I. Resolution Approving Plans and Specifications and Ordering the Advertisement for Bids for the
2017 Water Tower Rehabilitation Project
VI. PRESENTATIONS
A. Senator David Osmek
VII. COMMENTS
A. From Citizens on Items Not on the Agenda
B. Park Commission
C. Planning Commission
VIII. NEW BUSINESS
A. Ordinance Establishing the AutoMotorPlex of Medina Storm Sewer Improvement Tax District — Public
Hearing
1. Resolution Authorizing Publication of the Ordinance by Title and Summary
IX. OLD BUSINESS
A. Capital Knoll — Final Plat — 1575 Hamel Road
1. Resolution Granting Final Plat Approval for Capital Knoll
2. Upland Buffer Easement Agreement
B. Resolution Granting Extension of Time to Submit Final Plat for Woods of Medina Amending
Resolution No. 2014-04
CITY ADMINISTRATOR REPORT
MAYOR & CITY COUNCIL REPORTS
APPROVAL TO PAY BILLS
ADJOURN
Posted 12/15/2016 Page 1 of 1
MEMORANDUM
TO: Medina City Council
FROM: Scott Johnson, City Administrator
DATE OF REPORT: December 15, 2016
DATE OF MEETING: December 20, 2016
SUBJECT: City Council Meeting Report
V. CONSENT AGENDA
A. Approve Letter for Hamel Volunteer Fire Department Truck Financing — The Hamel Fire
Department is required under Section 147(f) of the Internal Revenue Code to have the
attached letter approved and signed by the City of Medina for financing equipment. Staff
recommends approval.
See attached letter.
B. Approve Labor Agreement between Law Enforcement Labor Services, Inc. (LOCAL
#36) and the City of Medina — Public Safety Director Ed Belland, Assistant City
Administrator Jodi Gallup and I have been able to negotiate wage, insurance, and
language changes with LELS per City Council direction for a one-year agreement. The
proposed agreement is consistent with all other staff under the budget for 2017. Attached
is the proposed contract. Staff recommends approval.
See attached agreement.
C. Resolution Denying Variance Request of Ellis and Nancy Olkon at 2362 Willow Drive —
The City Council reviewed the lot split variance request at the November 1, 2016
meeting and directed staff to prepare the attached resolution denying the request. Staff
recommends approval.
See attached resolution.
D. Ordinance Establishing a Planned Unit Development District for "AutoMotorPlex of
Medina" and Amending the Official Zoning Map — The City Council reviewed the
ordinance at the December 6th meeting and directed staff to put it on the consent agenda
for approval at this meeting. Staff recommends approval.
See attached ordinance.
E. Resolution Authorizing Publication of the Ordinance by Title and Summary — Staff
recommends approval of the resolution authorizing publication of the Ordinance
establishing a PUD for AutoMotorPlex of Medina by title and summary in lieu of the
entire ordinance.
See attached resolution.
F. Resolution Granting Preliminary and Final Plat Approval for Loram First Addition — The
City Council reviewed the resolution at the December 6th meeting and directed staff to
put it on the consent agenda for approval at this meeting. Staff recommends approval.
See attached resolution.
G. Resolution Granting Site Plan Review Approval for AutoMotorPlex of Medina — The
City Council reviewed the site plan at the December 6th meeting and directed staff to put
it on the consent agenda for approval at this meeting. Staff recommends approval.
See attached resolution.
H. Approve Planned Unit Development Agreement by and Between the City of Medina and
Medina MP, LLC — The City Council at the December 6th meeting directed staff to put
the agreement on the consent agenda for approval at this meeting. Staff recommends
approval.
See attached agreement.
I. Resolution Approving Plans and Specifications and Ordering the Advertisement for Bids
for the 2017 Water Tower Rehabilitation Project — Staff recommends moving forward
with the bidding process for the water tower rehab project as shown in the bid documents
provided by WSB, with the existing sky blue color and no logo as it exists today, for the
estimated construction cost of $337,800.
See attached resolution and bid advertisement.
VI. PRESENTATIONS
A. Senator David Osmek — Senator David Osmek will be at the meeting to give the City
Council an update on this last legislative session.
No attachments for this item.
VIII. NEW BUSINESS
A. Ordinance Establishing the AutoMotorPlex of Medina Storm Sewer Improvement Tax
District — Public Hearing — The City's practice is to require the owners association to
maintain stormwater improvements within developments. The City's practice is to
establish Storm Sewer Improvement Taxing Districts over development sites as a "back-
up plan" if the owner's association does not maintain stormwater improvements. The
same process is requested for the AutoMotorPlex of Medina.
See attached ordinance and resolution.
Recommended Motion #1: Adopt Ordinance Establishing the AutoMotorPlex of
Medina Storm Sewer Improvement Tax District
2
Recommended Motion #2: Adopt Resolution Authorizing Publication of the
Ordinance by Title and Summary
IX. OLD BUSINESS
A. Capital Knoll Final Plat at 1575 Hamel Road— Princeton Capital LLC has made an
application for a final plat at 1575 Hamel Road. The site is located on the south side of
Hamel Road east of Arrowhead Drive and on the north side of Blackfoot Trail. The
property is zoned and guided as Rural Residential. The plat proposes to divide the
property into three lots.
See attached memo, resolution and agreement.
Recommended Motion #1: Adopt Resolution Granting Final Plat Approval
Recommended Motion #2: Approve Upland Buffer Easement Agreement.
B. Resolution Granting Extension of Time to Submit Final Plat for Woods of Medina
Amending Resolution No. 2014-04 — Jeff Pederson and 4412 JKP LLC (collectively, the
"Applicant") has requested an additional extension to meet the terms and conditions of
preliminary plat approval. This item is not on the consent agenda because Jeff Pederson
will need to recuse himself prior to approving the resolution.
See attached resolution.
Recommended Motion: Adopt Resolution Granting Extension of Time to Submit
Final Plat for Woods of Medina Amending Resolution No. 2014-04
XII. APPROVAL TO PAY BILLS
Recommended Motion: Motion to approve the bills, EFT 003938E-003957E for $58,262.27,
order check numbers 045240-045311 for $256,921.07, and payroll EFT 507595-507626 for
$47,124.92.
INFORMATION PACKET
• Planning Department Update
• Police Department Update
• Public Works Department Update
• Claims List
3
DRAFT
2
3 MEDINA CITY COUNCIL MEETING MINUTES OF DECEMBER 6, 2016
4
5 The City Council of Medina, Minnesota met in regular session on December 6, 2016 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 Jim Stremel, City Planner Dusty Finke, Finance Director Erin Barnhart, Public Works
16 Director Steve Scherer, and Chief of Police Ed Belland.
17
18 II. PLEDGE OF ALLEGIANCE (7:00 p.m.)
19
20 III. ADDITIONS TO THE AGENDA (7:00 p.m.)
21 The agenda was approved as presented.
22
23 IV. APPROVAL OF MINUTES (7:01 p.m.)
24
25 A. Approval of the November 15, 2016 Special City Council Meeting Minutes
26 Johnson noted that a revised draft was distributed to the Council at the dais.
27
28 Moved by Anderson, seconded by Cousineau, to approve the November 15, 2016
29 special City Council meeting minutes as revised. Motion passed unanimously.
30
31 B. Approval of the November 15, 2016 Regular City Council Meeting Minutes
32 It was noted on page two, line 13, it should state, "... to conduct." On page three, line
33 15, it should state, "...discussion regarding the Excelsior Group development matter."
34 On page five, line 25, it should state, "...for its..." On page five, line 25, it should state,
35 "...and that the Steering Committee has..." On page five, line 51, it should state, "...that
36 whether..." On page six, line three, it should state, "...their its..." On page six, line 39, it
37 should state, "...she had requested that those that had..." On page six, line 40, it should
38 state, ...rational rationale..."
39
40 Moved by Anderson, seconded by Cousineau, to approve the November 15, 2016
41 regular City Council meeting minutes as amended. Motion passed unanimously.
42
43 V. CONSENT AGENDA (7:03 p.m.)
44
45 A. Approve 2017 Tobacco License Renewals
46 B. Approve 2017 Meeting Calendar
47 C. Approve 2017 Engineering Rates with WSB
48 D. Approve 2017 Legal Rates with Kennedy & Graven
49 E. Approve 2017 Prosecution Legal Rates with Tallen and Baertschi
50 F. Approve Addendum to the Recording Secretary Service Agreement with
51 TimeSaver Off Site Secretarial, Inc.
Medina City Council Meeting Minutes 1
December 6, 2016
1 G. Approve Agreement with DS Hunz Services for Snow Removal at Hamel
2 Community Building
3 H. Approve Certificate of Correction for the Enclave at Brockton 6th Addition
4 I. Resolution No. 2016-95 Accepting Public Utilities within the Enclave at
5 Brockton 4th Addition
6 J. Resolution No. 2016-96 Declaring the Official Intent of the City of Medina to
7 Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued
8 by the City
9 Johnson referenced Item B, highlighting the annual goal setting meeting and Board of
10 Appeal and Equalization meeting dates. He referenced Item J, noting that relates to the
11 Deerhill Preserve project.
12
13 Moved by Pederson, seconded by Anderson, to approve the consent agenda. Motion
14 passed unanimously.
15
16 VI. PRESENTATIONS
17
18 A. Swearing in Ceremony — Medina Police Officer Craig Swalchick (7:06 p.m.)
19 Mitchell administered the Oath of Office to new Police Officer Craig Swalchick.
20
21 Belland stated that Swalchick was a Reserve Officer with the department for over one
22 year and was placed on the eligibility list for employment after the most recent police
23 officer interviews. He provided background information on Swalchick noting that he
24 previously worked as a Code Enforcement Officer, which will bring a great skill set to the
25 department. He stated that he is excited to bring Swalchick on board.
26
27 Mitchell commented that the Police Department does an excellent job and has been able
28 to keep the peace and enforce the law with a great balance.
29
30 B. Interfaith Outreach and Community Partners
31 Deb Lande, Communications and Marketing Director for Interfaith Outreach and
32 Community Partners, stated that she is present to provide an update on the rebranding
33 process. She stated that the organization has been around for about 40 years and is
34 excited to be going through the rebranding process. She thanked the City for the
35 opportunity to talk about some of the things at their non-profit and for the partnership the
36 City provides. She stated that residents of Medina have provided volunteer and financial
37 support, which helps to play a critical role in the support of the families they service. She
38 stated that the rebranding process took place over the past two years and involved
39 community members. She stated that fresh looks and design flexibility are provided
40 through the new logos. She stated that the vision and mission of the organization
41 remain the same as well as the name of the organization. She hoped that the changes
42 to the brand and logo would provide clarity in the intent of the organization. She stated
43 that there are three major campaigns and provided a highlight of each. She stated that a
44 new website was launched as well and highlighted some of the initiatives. She again
45 expressed appreciation for the community partnership that the City and residents of
46 Medina provide.
47
48 Martin stated that Interfaith Outreach is an integral part of the community, noting that
49 there are residents of need in every community and this organization makes Medina
50 special.
51
Medina City Council Meeting Minutes 2
December 6, 2016
1 Mitchell noted that lots of students volunteer with the organization as well.
2
3 VII. COMMENTS (7:23 p.m.)
4
5 A. Comments from Citizens on Items not on the Agenda
6 There were none.
7
8 B. Park Commission
9 Scherer noted that the Park Commission discussed the Concept Plan from the Excelsior
10 Group and the need for a neighborhood park in that area. He stated that a trail
11 connection was also discussed along Chippewa. He stated that he met with the Hamel
12 Baseball Association, that has a new Board in place and he is excited to work with the
13 group. He stated that he also met with the other two baseball associations and is
14 looking forward to a good working relationship.
15
16 Mitchell provided information on the Long Lake Water Improvement Association and
17 noted that he would like someone to attend the meetings.
18
19 C. Planning Commission
20 Finke reported that the Planning Commission will meet the following week to hold a
21 public hearing on the draft Comprehensive Plan. He stated that the meeting has been
22 entirely reserved for the Comprehensive Plan public hearing. He stated that staff is
23 tentatively planning to bring the Plan forward to the City Council at the second meeting
24 in January. He stated that the Planning Commission will hold a second meeting on
25 Monday, December 19th to hold two public hearings; a Concept Plan for a senior living
26 community that would include a mix of independent and assisted living and the second
27 for an addition to Woodridge Church and the series of land use applications that go
28 along with the request.
29
30 VIII. OLD BUSINESS
31
32 A. AutoMotorPlex — PUD General Plan of Development; Plat; Site Plan Review
33 — East of Arrowhead Drive, North of Hamel Road (7:28 p.m.)
34 Johnson had noted that this item was first tabled in November and the City Attorney was
35 directed to determine if an EAW would be needed.
36
37 Batty stated that as indicated there was a concern that came forward at the last meeting
38 regarding whether a mandatory EAW would be required in this case. He stated he
39 reviewed this and has concluded that a mandatory EAW is not needed. He stated that
40 this is a unique use that would be closest to warehousing noting that the threshold would
41 be 300,000 square feet while this use is near 200,000 square feet. He noted that while
42 the Council could request a discretionary EAW but that is not recommended by staff. He
43 stated that staff thoroughly reviewed this request and it was thoroughly discussed for 2.5
44 hours at the November Council meeting.
45
46 Mitchell stated that this use would not have a tremendous amount of waste, use of
47 energy, there is a stormwater plan for the site, there is sanitary sewer and water
48 provided to the site and therefore did not see an environmental threat.
49
50 Martin stated that she did not see any reason to request a discretionary EAW and
51 received consensus of the Council.
Medina City Council Meeting Minutes 3
December 6, 2016
1
2 Finke stated that the land use requests were discussed by the Council at the November
3 meeting and directed staff to make several changes to the proposed conditions. He
4 stated that staff attempted to formalize those comments into the proposed conditions.
5 He stated that the applicant has amended their plan, shifting the parking lot from
6 Arrowhead Drive by five feet to allow for additional landscaping, incorporating the
7 comments of the Council. He referenced the trail along Arrowhead and noted that the
8 details are still in negotiation as the City would need to obtain easements for some
9 options. He stated that at the least the trail can connect from the northern point of this
10 site to the southern point, which will connect the site with the Loram parking lot which is
11 proposed to be used for shared parking. He stated that the applicant is willing to
12 construct 1,600 feet of trail. He noted that staff is attempting to work with the
13 neighboring property owners in an attempt to connect the trail further north. He noted
14 that the primary discussion point at the last meeting was regarding the special events.
15 He stated that in the past month there were several meetings between staff, the
16 applicant and Belland to discuss details of the special events. He stated that the
17 recommendation from the Planning Commission was for 16 events throughout the year
18 with one large event. He stated that the applicant has stated that one of the major
19 reasons for the events is for marketing and sale of the units as this will be new
20 construction. He stated that he and Belland stated that this seems like an opportunity to
21 limit the special events more after construction and sale of the units has occurred. He
22 noted that the amended language states eight special events would be allowed per year,
23 once per month, with allowance for additional special events, up to 16, while marketing
24 and construction occurs. He stated that they also discussed the concept of allowing
25 smaller events. He suggested that the marketing events should be pulled out of the
26 PUD and placed into the Development Agreement while just leaving the one per month
27 special events in the PUD for the long-term.
28
29 Bruno Silikowski stated that there has been much discussion on this project. He
30 appreciated working with staff but noted that this process has been six months. He
31 hoped that they would be able to move forward and take action tonight as the due
32 diligence period for the purchase of the property is about to expire. He stated that
33 whatever is left on the Development Agreement is minor and could be worked out with
34 staff.
35
36 Pederson stated that he likes the separation of the PUD and the special events as that
37 was the major topic of discussion.
38
39 Martin noted that the special events would be included in the Development Agreement,
40 which is more easily adjusted than an ordinance.
41
42 Mitchell noted that the Development Agreement would go away at some point in the
43 future and therefore the allowance for the marketing events would go away at that time
44 as well.
45
46 Martin stated that she trusts the evaluation that staff has made regarding parking and
47 the traffic flow of the site. She noted that there is quite a bit of onsite parking available
48 even upon build out.
49
50 Mitchell discussed the plans for the reconstruction of Arrowhead and available trail
51 easements.
Medina City Council Meeting Minutes 4
December 6, 2016
1
2 Finke provided additional details of the trail easements and grading of the site.
3
4 Mitchell encouraged the use of a berm and quality landscaping as that will provide a
5 buffer from the adjacent land use.
6
7 Silikowski stated that they will do everything they can to address the concern of the
8 Council.
9
10 Richard Copy, Project Engineer, acknowledged that the roadway is at a grade which
11 would somewhat diminish the berm. He explained that once landscaping is placed on a
12 berm that provides a significant growth from the beginning as it increases the height.
13
14 Pederson stated that he likes the proposed mix of trees.
15
16 Anderson stated that there was a lot of discussion regarding parking and asked if written
17 parking agreements have been provided for the Loram and Hennepin County sites.
18
19 Finke stated that staff has always had a draft of the Loram shared parking that will be
20 formalized with the plan and noted that he also received an email from Hennepin County
21 that they are supportive of shared parking as well. He stated that the parking will be
22 governed under the special events permit, noting that appropriate parking would need to
23 be provided or the event would not be allowed.
24
25 Mitchell asked for details on the storm sewer taxing.
26
27 Finke stated that the storm water taxing district is a tool that the City uses in order to
28 conduct maintenance and collect the costs, if the development does not complete the
29 necessary maintenance. He noted that item will come forward at the next City Council
30 meeting for action.
31
32 Mitchell asked if the WSB comments have been addressed by the applicant.
33
34 Stremel stated that the engineering department provided a letter with the questions and
35 comments and is tracking the items that still need response from the applicant. He
36 stated that overall the remaining comments are not significant and will be agreed upon in
37 future amendment to the plan.
38
39 Cousineau asked if the special events are delineating between the number of attendees
40 in regard to the once per month events.
41
42 Finke provided additional details on the language as proposed noting that the events
43 would be permitted under a special use permit and would be limited to once per month
44 and further governed by the amount of parking available.
45
46 Anderson asked if the language regarding the large events has changed.
47
48 Martin stated that the language has not changed and provided additional details.
49
50 Finke stated that there have been no changes to the limit of once per month for events.
51
Medina City Council Meeting Minutes 5
December 6, 2016
1 Anderson stated that at the last meeting there was discussion of a traffic study and
2 asked if anything came of that discussion.
3
4 Finke stated that he did not believe that there was a recommendation that a traffic study
5 occur.
6
7 Stremel stated that most of the events will be at off peak times, which will then not occur
8 with the regular daily flow of traffic. He did not see a reason for a traffic study or what
9 results that would have.
10
11 Anderson stated that his concern was potentially adding a substantial amount of traffic
12 from the large events to the small-town roadways in Medina on Saturday mornings from
13 7:00 a.m. to 11:00 a.m.
14
15 Finke stated that the study would attempt to make assumptions on what traffic would do
16 for an unregulated event. He noted that the special events planning would control that
17 aspect and a traffic study would not provide the feedback desired, noting that it is just a
18 manner of managing the event.
19
20 Anderson stated that managing the event would not govern how people would access
21 the site.
22
23 Finke stated that there are things you can do to limit the access and egress for the site.
24
25 Mitchell stated that it was agreed upon at the last meeting that the event would be
26 publicized with the desired route for traffic.
27
28 Pederson noted that the traffic would not have much of an impact because the events
29 will be on Saturday morning, at a time when Loram and Hennepin County are not fully
30 staffed.
31
32 Batty stated that one of the appeals of dealing with the events under special events
33 permit is that it is a flexible tool that could be adapted over time rather than trying to
34 guess what will happen. He stated that the process can be evaluated over time and
35 factors that need to be adjusted can be adjusted on a case by case basis.
36
37 Martin asked, from an engineering standpoint, if some of the drainage issues raised by
38 the adjacent neighbor and her legal representation at the last meeting have been
39 addressed.
40
41 Stremel stated that the engineering staff has reviewed the plan from engineer and storm
42 water guidelines and noted that the plans have also been submitted to the Watershed
43 District. He stated that the comments are similar to any development that would
44 discharge water onto an adjacent property, with volume and rate limitations. He stated
45 that the modeling is meeting the requirements of the City.
46
47 Finke noted that one of the pipes will bypass the neighboring property to alleviate some
48 of the concerns from that neighbor.
49
50 Martin provided, and received confirmation, of language that would need to be amended
51 from the proposed ordinance in order to move the language regarding events from the
Medina City Council Meeting Minutes 6
December 6, 2016
1 ordinance to the Development Agreement. She provided additional suggestions for
2 language changes.
3
4 Anderson stated that the Council has been provided with a letter from a Medina resident
5 which references language used in the marketing stating that the units are used for
6 vehicles and weekend getaways. He asked for clarification that people will not be
7 allowed to live/sleep at the facility.
8
9 Silikowski confirmed that tenants are not allowed to sleep at the facility, with the
10 exception of an on -site caretaker.
11
12 Anderson referenced language regarding a special events permit and asked if the City
13 would ever deny a request for a special events permit.
14
15 Batty replied that the intent is to use the permit in a rational manner to address the
16 potential impacts to the neighboring properties and City as a whole. He stated that the
17 goal is to use the tool reasonably to regulate special events within the City. He stated
18 that if the City got to a point where they severely limited or denied events the rationale
19 would have to be that the events impact the safety of the City. He stated that this use is
20 going to generate traffic and noted that any use of the site would generate traffic. He
21 explained that while this is a different use, there would be traffic generated from any type
22 of development on the site and therefore not all traffic can be regulated out of the site.
23 He stated that the special events which require outside parking would be governed
24 under the special use permit.
25
26 Martin stated that this development goes well with the mission statement that the
27 Steering Committee worked so hard to create that the City will create places for people
28 in the community to gather, noting that this seems like a nice venue for family events.
29
30 Batty provided details on the progression of the Development Agreement which is still
31 underway as staff and the applicant are still working out the details. He noted that
32 further amendment would be made per the discussion tonight.
33
34 Mitchell stated that he would prefer for the changes to be made prior to approval of the
35 other items, as he would like the Development Agreement to be included with the total
36 package.
37
38 Martin noted that the other items can have action taken tonight.
39
40 Johnson noted that the items can come back on the Consent Agenda.
41
42 Martin asked when the due diligence period expires for the applicant.
43
44 Silikowski stated that the period expires at the end of the month and therefore he would
45 like the items to be separated.
46
47 Mitchell stated that he would prefer to take action on all items at once via the Consent
48 Agenda at the meeting on the 20tn
49
50 Silikowski stated that would work with his timeframe.
51
Medina City Council Meeting Minutes 7
December 6, 2016
I Moved by Martin, seconded by Pederson, to direct staff to prepare the draft Ordinance
2 Establishing a Planned Unit Development District for "AutoMotorPlex of Medina" and
3 Amending the Official Zoning Map, amending section 58 to move that section into the
4 Development Agreement and replaced with a directional statement; look at various times
5 and dates to ensure those reference the dates the plans were presented to the Council;
6 amend section 782, to contain the desired language regarding the use of wood and
7 windows; draft the Resolution Authorizing Publication of the Ordinance by Title and
8 Summary; draft the Resolution Granting Preliminary and Final Plat Approval for Loram
9 First Addition; and draft the Resolution Granting Site Plan Review Approval for
10 AutoMotorPlex of Medina, ensuring that the correct dates are provided in condition two
11 and providing additional clarification on the condition regarding the on -site caretakers
12 unit and amending the language regarding the wood and window garage doors. Motion
13 passed unanimously.
14
15 Johnson confirmed the consensus of the Council for the item to come back on the
16 Consent Agenda at the meeting on December 20th
17
18 Mitchell briefly recessed the meeting for a few minutes.
19
20 Martin left the meeting.
21
22 Mitchell reconvened the meeting.
23
24 Xl. NEW BUSINESS
25
26 A. 2017 Budget (8:36 p.m.)
27
28 1. Budget and Tax Levy Presentation — Public Comment
29 Barnhart stated that in September the Council set the preliminary numbers for the
30 budget, which were recorded with the County. She provided an overview of the funds, at
31 the request of Mitchell, noting that a surplus will be expected again for 2016. She stated
32 that debt levies have a threshold of three percent of the market value rates which would
33 be $47,000,000 and noted that the City is proposing around $15,000,000. She provided
34 information on health insurance rates and the proposed budget. She stated that the tax
35 rate levy will be decreased to 22.22 percent, which is due to the continued increase in
36 market values. She noted that the major change moving into the next year is that the
37 City will start phasing the antenna rental revenue from the general fund to the
38 environmental fund. She explained that the general fund should not rely on that revenue
39 as it could eventually go away. She continued to provide information on the changes to
40 expenditures as proposed. She stated that while consulting services are used for all
41 departments, the finance department has decreased the use of consultants which results
42 in a decrease in the line item. She highlighted the changes for the staffing portion of the
43 budget. She stated that the proposed levy is $3,808978, which is a levy rate decrease
44 of 4.4 percent. She provided comparison information for the surrounding communities
45 and noted that Medina continues to be the second lowest community in the area. She
46 reviewed the long-term needs for public works and highlighted upcoming projects.
47
48 Johnson noted that staff would still attempt to gain MSA funds for the CR 116/Highway
49 55 project.
50
Medina City Council Meeting Minutes 8
December 6, 2016
1 Barnhart stated that the public works department have been very responsible and
2 flexible with the replacement dates for equipment. She noted that the police vehicles are
3 also replaced with vehicles that have a higher resale value which has also helped the
4 long-term costs for vehicles. She noted the long-term planning documents which are in
5 place to help guide the City in anticipating costs for the future.
6
7 Johnson noted that once the new Comprehensive Plan is in place the City will have the
8 opportunity to review the utility rates.
9
10 Pederson asked if Hennepin County has raised their levy rates.
11
12 Barnhart replied that the levy increase for Hennepin County is completely separate from
13 the City and School District. She stated that the market values of the all the properties
14 within the County are considered as a whole for the County.
15
16 Anderson thanked Barnhart for her presentation which summarizes much of the work
17 she did over the past six months.
18
19 Mitchell referenced the charts with the school district mapping and asked why the rate
20 does not appear the same across the districts.
21
22 Barnhart explained that each school district would have different costs because of the
23 referendums that may have been passed. She explained that the County and Medina
24 rates would remain the same throughout the different school districts in the City.
25
26 Anderson stated that staff has done a good job in keeping costs low to assist the City in
27 maintaining a low tax rate.
28
29 Barnhart stated that there are expenditure increases proposed to 2017 which are on par
30 with the costs of 2016 and commended the department heads for their efforts in keeping
31 costs to a minimum. She provided clarification on specific terms and figures used in the
32 staff report.
33
34 Mitchell referenced the annual report which is sent out in spring and asked if additional
35 statements should be made to advise residents of the specific information and financial
36 health of the City. He stated that the City is very healthy and residents should know that.
37 He referenced the reduced projections from the Metropolitan Council and asked if the
38 anticipated needs would be greater or less because the decrease in building permits.
39
40 Barnhart replied that this has been budgeted and factored in a very conservative level so
41 that the City will not see the "bottom fall out" when that decrease occurs. She provided
42 an explanation of how the City functions and background regarding the differences
43 between how things were planned for the recession and the recent years.
44
45 Mitchell stated that the staff and Council are doing a great job and are fortunate to be in
46 this situation.
47
48 2. Resolution No. 2016-97 Approving 2017 Final Tax Levy
49 Moved by Anderson, seconded by Pederson, to Adopt Resolution No. 2016-97
50 Approving the 2017 Final Tax Levy. Motion passed unanimously.
51
Medina City Council Meeting Minutes 9
December 6, 2016
3. Resolution No. 2016-98 Approving 2017 Final Budget
2 Moved by Anderson, seconded by Pederson, to Adopt Resolution No. 2016-98
3 Approving the 2017 Final Budget. Motion passed unanimously.
4
5 B. Ordinance No. 604 Amending Fee Schedule — Public Comment
6 Mitchel opened the public hearing.
7
8 No comments made.
9
10 Mitchel closed the public hearing.
11
12 Moved by Anderson, seconded by Pederson, to Adopt Ordinance No. 604 Adopting an
13 Amended Fee Schedule. Motion passed unanimously.
14
15 1. Resolution No. 2016-99 Authorizing Publication of Ordinance No. 604 by
16 Title and Summary
17 Moved by Anderson, seconded by Pederson, to adopt Resolution No. 2016-99
18 Authorizing Publication of Ordinance No. 604 by Title and Summary. Motion passed
19 unanimously.
20
21 X. CITY ADMINISTRATOR REPORT (9:09 p.m.)
22
23 A. Clean -Up Day Trees
24 Johnson stated that the trees for last year's event were subsidized by tree preservation
25 fees from developers which were put into the environment fund. He asked if the Council
26 would like to support that continued action.
27
28 Pederson stated that he would support that continued effort and would actually double
29 the amount.
30
31 Anderson agreed.
32
33 Scherer provided background information on how the tree sales are done. He cautioned
34 against going too large to ensure that the trees are taken care of. He stated that he will
35 look into the possibility of adding a few more trees.
36
37 Anderson stated that it is a wonderful program that Scherer runs well.
38
39 Stremel provided an update on Deerhill Preserve, noting that there is not much
40 construction occurring. He noted that the City's contractor will finalize the last of the
41 aggregate and then will be done for the winter season. He stated the amount of sand
42 needed in the change order was within five percent of the estimate, noting that the
43 estimate was a bit high to include contingency. He noted that there were difficult
44 weather conditions for the aggregate when the season ending date occurred.
45
46 Scherer stated that the City would develop a plan should the developer construct a
47 home under the current road conditions.
48
49 Stremel stated that the builders want to prepare their sites for the spring build. He stated
50 that the change order does state that the contractor agrees to honor the paving price
51 estimated for this year.
Medina City Council Meeting Minutes 10
December 6, 2016
1
2 XI. MAYOR & CITY COUNCIL REPORTS (9:15 p.m.)
3 Mitchell stated that the City of Oakland is in a tough situation because of the recent fire
4 that involved people living inside a warehouse. He reminded the Council that there are
5 problems out there and thanked the Council for their good work.
6
7 XII. APPROVAL TO PAY THE BILLS (9:16 p.m.)
8 Moved by Anderson, seconded by Martin, to approve the bills, EFT 003911 E-003937E
9 for $88,848.16, order check numbers 045116-045239 for $639,679.17, and payroll EFT
10 507540-507594 for $96,637.64. Motion passed unanimously.
11
12 XIII. CLOSED SESSION: POLICE UNION CONTRACT (Minn. Statute 13D.03)
13
14 The Council adjourned the meeting to closed session at 9:18 p.m. for the purpose of
15 discussing the police union contract negotiations. Motion passed unanimously.
16
17 XIV. ADJOURN
18 Moved by Anderson, seconded by Cousineau, to adjourn the meeting at 9:43 p.m.
19 Motion passed unanimously.
20
21
22
23 Bob Mitchell, Mayor
24 Attest:
25
26
27 Scott Johnson, City Administrator
Medina City Council Meeting Minutes 11
December 6, 2016
To be typed on City of Medina letterhead
Agenda Item # 5A
Section 147(f) Approval and Written Agreement
The undersigned Official of City of Medina (hereinafter referred to as "Municipality") pursuant to section
147(f) of the Internal Revenue Code of 1986, as amended (the "code"), hereby approves the entering
into by Hamel Volunteer Fire Department Incorporated of an Agreement in an aggregate principal
amount not to exceed $318,617.00 to finance equipment consisting of One (1) New Rosenbauer Heavy
Duty Timberwolf which will be located at the fire house of the Hamel Volunteer Fire Department
Incorporated. This approval does not in any way constitute any financial involvement or
obligation of the Municipality.
Furthermore, this document acknowledges that for consideration, the receipt and sufficiency of which
are hereby acknowledged, the Hamel Volunteer Fire Department Incorporated has provided firefighting
and other services for the Municipality for many years and Hamel Volunteer Fire Department
Incorporated hereby agrees to meet the requirement to continue to provide firefighting and other
services for the Municipality.
Dated as of
Hamel Volunteer Fire Department, Inc. City of Medina
Jeffrey Ruchti, President! Fire Chief Signature of authorized representative
Name and Title
- 24 -VolStd
Agenda Item # 5B
LABOR AGREEMENT
BETWEEN
LAW ENFORCEMENT LABOR SERVICES, INC.
(LOCAL #36)
AND
THE CITY OF MEDINA
MEDINA
JANUARY 1, 2017 THROUGH DECEMBER 31, 2017
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 2
ARTICLE 7. GRIEVANCE PROCEDURE 3
ARTICLE 8. SAVINGS CLAUSE 5
ARTICLE 9. SENIORITY 5
ARTICLE 10. DISCIPLINE 6
ARTICLE 11. WORK SCHEDULE 7
ARTICLE 12. HOLIDAY LEAVE 7
ARTICLE 13. VACATION 8
ARTICLE 14. SICK LEAVE 8
ARTICLE 15. INJURY -ON -DUTY LEAVE 10
ARTICLE 16. DISABILITY LEAVE 11
ARTICLE 17. FUNERAL LEAVE 11
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 15
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 Depai intent 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
deduction in writing an amount necessary to cover monthly LELS dues. Such monies
will be remitted as directed by LELS.
2
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
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
3
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.
will
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
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
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
4
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
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
or
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' 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' 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
6
under the direct supervision of the EMPLOYER.
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 %2 ) 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
7
Labor Day
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
8
compensated for vacation leave accrued and unused.
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 (%2) 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:
9
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
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
10
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
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
11
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.
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 Administrator.
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 The EMPLOYER will contribute 100% of the health insurance premium for full-time
employees electing single coverage on any plan.
The EMPLOYER will contribute 100% of the health insurance premium up to $1,753.00
per month for family coverage premiums for full-time EMPLOYEES. Any premium
increase above $1,753.00 per month will be split with the EMPLOYEE paying 50% of
any increase until the EMPLOYEE is paying 25% of the premium.
Once the EMPLOYEE'S contribution to the insurance premium reaches the 25 percent
level, future premium increases or decreases will be shared between the
EMPLOYEE/EMPLOYER at the rate of a 25/75 split.
The EMPLOYER will contribute $3,000 toward the EMPLOYEE'S HRA or HSA
account.
The EMPLOYER will contribute 100% of the premium for full-time employees electing
single dental coverage.
12
The EMPLOYER will contribute no less than $122.95 per month for full -tune
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
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 2017.
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 2017, APPENDIX A will be increased 2%, if other employees'
13
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 1/2) times the
EMPLOYEE's base rate of pay.
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 1/z ) 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 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.
14
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 Y2) times the EMPLOYEE's 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
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
15
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 %2 ) times normal pay for holidays worked as set forth
in Article 12.4.
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
terms
Any and all prior agreements, resolutions, practices, rules and regulations regarding
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, 2017, and will remain in full force
and effect until the 31 st day of December, 2017.
16
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:
17
APPENDIX A
Al. WAGES
EFFECTIVE 1-1-2017 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
$24.06
$27.06
$30.03
$32.95
$35.94
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 and
fifty ($250.00) 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.
18
Agenda Item # 5C
Member
introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 20164#
RESOLUTION DENYING VARIANCE REQUEST OF
ELLIS AND NANCY OLKON AT 2362 WILLOW DRIVE
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Ellis and Nancy Olkon (the "Owners"), own property in the City at
2362 Willow Drive which is legally described in Exhibit A, attached hereto (the "Property"); and
WHEREAS, the Owners have requested a variance to decrease the minimum lot size
requirement from five acres of contiguous soils suitable for a standard sewage disposal system to
1.31 acres of contiguous soils suitable for a standard sewage disposal system for Lot 1 and
1.55 acres of contiguous soils suitable for a standard sewage disposal system for Lot 2 to allow
for a subdivision of the Property; and
WHEREAS, the Planning Commission reviewed the requested variance at a duly noticed
public meeting on September 13, 2016 and recommended denial; and
WHEREAS, the City Council held a public hearing on the requested variance and
reviewed the request at the November 1, 2016 meeting; and
WHEREAS, based on the written and oral record before the Planning Commission and
City Council on the above dates as well as all additional testimony submitted to the City, the City
Council makes the following findings of facts in regards to the variance request:
1. The proposed variance is not in harmony with the general purposes and intent of the
zoning and subdivision ordinances because the requested variance involves
substantial deviations from established minimum lot standards for suitable soils for
septic systems.
2. The Owners have not established that there are practical difficulties in complying
with the zoning ordinance.
3. The Owners have not established that an unusual or particular hardship exists on the
Property.
4. No variance is needed to allow the Property to be used in a reasonable manner. Its
use as a single lot is reasonable in light of the serious limitation of suitable soils on
the Property.
1
492002v2 ME230-639
5. Granting the variance would confer upon the Owners special privileges that are
denied to owners of other lands within the Rural Residential zoning district because
the requested variances would likely be unprecedented.
6. The circumstances and conditions upon which the variance request is based are not
unique to the Property, but instead are common to other parcels of land within the
City, many of which have similar limitations on suitable soils.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby denies the requested variance to reduce the required minimum lot size.
Dated: .
By:
Bob Mitchell, Mayor
Attest:
By:
Jodi M. Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2016-##
December 20, 2016
492002v2 ME230-639
2
EXHIBIT A
Legal Description of Property
That part of the Northeast Quarter of the Northeast Quarter of Section 21-118-23
lying northerly of County Road No. 24, and easterly of Willow Drive.
A-1
492002v2 ME230-639
Agenda Item # 5D
CITY OF MEDINA
ORDINANCE NO. ###
AN ORDINANCE ESTABLISHING A PLANNED UNIT DEVELOPMENT DISTRICT
FOR "AUTOMOTORPLEX OF MEDINA"
AND AMENDING THE OFFICIAL ZONING MAP
THE CITY COUNCIL OF MEDINA, MINNESOTA ORDAINS AS FOLLOWS:
Section 1. The City of Medina received a request to change the zoning classification of
the following legally described property (the "Property") to Planned Unit Development:
Lot 1, Block 1, Loram First Addition, Hennepin County, Minnesota.
Section 2. Based on the written and oral record before the Planning Commission and
City Council during review of the request as well as all additional testimony submitted to the
City, the City Council has found that the proposed rezoning of the Property to Planned Unit
Development is consistent with the Comprehensive Plan and serves the purpose of the Planned
Unit Development district.
Section 3. The official zoning map is hereby amended to rezone the Property to PUD,
Planned Unit Development. The zoning amendment is depicted on the map in Exhibit A,
attached hereto.
Section 4. The AutoMotorPlex of Medina Planned Unit Development General Plan is
hereby approved.
A. All entitlements, including but not limited to, allowed uses, dimensional
requirements, setbacks and development standards established within this PUD
District are hereby set forth by the AutoMotorPlex General Plan dated 12/9/2016,
which are incorporated herein by reference, except as may be modified by this
ordinance.
B. Any standards not specifically addressed by this Ordinance shall be subject to the
requirements set forth by the City of Medina Zoning Ordinance, including the
Business Park zoning district and other relevant standards.
Section 5. Allowed Uses. The allowed uses within the PUD District shall include the
following:
A. Auto Condos. The permitted use of Buildings 1-3, 6-12, and those portions of
Buildings 4 and 5 identified as "Auto Condo' shall be private storage and private
leisure by the owner(s) of such space. No commercial activities shall be
Ordinance No. ### 1
DATE
permitted in the auto condos nor shall any auto condo be ever occupied for
residential purposes.
B. Retail Space Permitted Uses. The following uses are permitted within those
portions of Buildings 4 and 5 identified as "Retail:"
i. Retail and showrooms
ii. Automobile/motorsports repair, service shops, and auto body shops
Automobile/motorsports detailing
iv. Automobile/motorsports sales (interior showroom only)
v. Office
vi. Museum
vii. Fitness Center
viii. The following uses may also be permitted, following review of parking
availability by City staff and provision of additional parking if determined to
be necessary by the City:
a. Coffeeshop/Sandwich shop
b. Meeting and assembly space
C. Allowed Accessory Uses. The following accessory uses are permitted, provided
such use is ancillary to a use permitted within the PUD district:
i. Off-street parking and loading
ii. Repair or processing in connection with a permitted use, provided it does not
occupy more than 20 percent of the floor area of the principal use
Essential Public Utility and Service Structures
iv. Signs, subject to the requirements of the sign ordinance
v. Solar equipment, if affixed to a structure, and in compliance with relevant
requirements.
vi. One security/caretaker dwelling provided City public safety staff are notified
of such dwelling and all relevant building code requirements are met.
D. Car shows and similar exterior assemblies and events. Car shows and other
exterior assemblies and events with greater than 200 vehicles or 400 people
(whichever is more permissive) are not a permitted use as of right under the
planned unit development. Such events may be permitted by the City through the
City's special event permit process a maximum of one time per calendar month.
Review and approval/denial of such events shall be subject to the provisions of the
Special Event ordinance and such additional conditions as the City deems
necessary to protect the public health and safety. Such events shall be subject to
the following limitations in addition to others determined appropriate by the City
during review of the special event permit:
i. Parking provisions on other property shall be memorialized in a manner
acceptable to the City.
ii. Events with 200 vehicles or 400 people (whichever is more permissive) or
fewer shall be permitted without a special event permit, provided such events
Ordinance No. ### 2
DATE
do not require Special Services as defined in the Special Event Permit
ordinance.
The City may consider increasing the number of special events if it finds that
such events have not adversely affected the public health, safety, or welfare,
or caused a nuisance and that additional events are not likely to negatively
impact the use and enjoyment of public streets or neighboring property.
iv. Notwithstanding anything herein to the contrary, additional special events
may be permitted for marketing purposes until December 31, 2023 or building
permits are issued for all of the buildings, whichever occurs first. During such
time, events on the Property shall be regulated as described within the Planned
Unit Development Agreement by and between the City and Medina MP, LLC.
Section 6. Lot, Setback, and Building Size Requirements. Lot, setback, and building
size requirements shall be as represented on the PUD General Plan and shall abide by the
requirements of the Business Park zoning district.
Section 7. Design and Development Standards. All standards not specified by this
ordinance are to be the same as found in the Medina Zoning Ordinance for the Business Park
zoning district. The following deviations from the underlying performance standards are hereby
in place for the AutoMotorPlex of Medina Planned Unit Development:
A. Building Materials and Design shall be consistent with the materials and design
displayed in the building elevations from BC Contracting dated 8/25/2016 for the
auto condo buildings and the elevations revised 12/14/2016 for the retail
buildings.
i. Engineered wood lap siding shall be a permitted primary building material
as displayed.
ii. Exterior materials shall incorporate glass and stone or brick in an amount
equal to or greater than displayed in the general plan, approximately 26% of
Buildings 4 and 5 and 14% of remaining buildings.
B. Garage doors.
i. Garages doors are permitted to exceed 20% of the building exterior as
displayed in the general plan of development.
ii. All garage doors shall be decorative in nature, shall be a wooden appearance
and shall incorporate windows and other architectural elements consistent
with the doors presented on slides 11, 12, and 17 of "The Architecture of the
AutoMotorPlex" dated August 30, 2016.
C. Outdoor Lighting.
i. Exterior light fixtures shall be downcast with no floodlighting
permitted.
ii. Lighting levels at the western and eastern property lines shall be
limited to 0.0 foot-candle, and lighting levels at the northern and
southern property lines shall be limited to 0.5 foot-candle.
D. Parking.
Ordinance No. ### 3
DATE
i. The required number of off-street parking spaces shall be permitted to be
reduced to fewer than would be required by minimum parking requirements,
as shown upon the general plan of development.
ii. The reduction of off-street parking spaces is permitted because opportunities
exist to park additional vehicles within the AutoMotorPlex of Medina site.
However, such opportunities are anticipated to be within fenced and gated
portions of the site. If the City determines, in its sole and absolute
discretion, that the proposed number of parking spaces is insufficient, the
owner(s) shall stripe additional parking spaces and remove or relocate
gate(s) or otherwise make the spaces available to users of the retail space.
Section 8. The City of Medina Zoning Administrator is hereby directed to publish and
place this ordinance into effect and to make the appropriate changes to the official zoning map of
the City of Medina to reflect the change in zoning classifications as set forth above only upon
recording of the Loram First Addition plat.
Section 9. A copy of this Ordinance and the updated map shall be kept on file at the
Medina City Hall.
Section 10. This Ordinance shall be effective upon its passage, recording of the Loram
First Addition plat, and subsequent publication.
Adopted by the Medina City Council this day of , 2016.
CITY OF MEDINA
By:
Bob Mitchell, Mayor
Attest:
By:
Published in the Crow River News on this day the of , 2016.
Ordinance No. ### 4
DATE
EXHIBIT A
Map Displaying Property rezoned to PUD
Location of AutoMotorPlex of Medina PUD
C `TES RANCH DR
HAMEL RD
LOST HORSE RID
PAVVN EE RE
a
CHIPPEWA RO
KATRINKA RD
BLACKFOOT TRL
Ordinance No. ### 5
DATE
i
"5
Medina
MEANDER RD
HACKAMORE RD
i1 ASTERO
SI{�WNEE WOODS RD
t
EVERGREE RO
LE TRL
Agenda Item # 5E
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2016-##
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. ### BY TITLE AND SUMMARY
WHEREAS, the city council of the city of Medina has adopted Ordinance No. #Illl an
ordinance establishing a planned unit development district for "AutoMotorPlex of Medina" and
amending the official zoning map; and
WHEREAS, Minnesota Statutes § 412.191, subdivision 4 allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the ordinance is five pages in length and includes a map; and
WHEREAS, the city council believes that the following summary would clearly inform the
public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that
the city clerk shall cause the following summary of Ordinance No. ### to be published in the official
newspaper in lieu of the ordinance in its entirety:
Public Notice
The city council of the city of Medina has adopted Ordinance No. ###, an ordinance
establishing Planned Unit Development (PUD) District for AutoMotorPlex of Medina. The
ordinance rezones property east of Arrowhead Drive and north of Hamel Road which is
proposed to be developed as the AutoMotorPlex to PUD.
The full text of Ordinance No. ### is available from the city clerk at Medina city hall during
regular business hours.
BE IT FURTHER RESOLVED by the city council of the city of Medina that the city clerk
keep a copy of the ordinance in her office at city hall for public inspection and that she post a full
copy of the ordinance in a public place within the city.
Resolution No. 2016-##
DATE
Dated: DATE.
Bob Mitchell, Mayor
ATTEST:
Jodi M. Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2016-## 2
DATE
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2016-##
RESOLUTION GRANTING PRELIMINARY AND FINAL PLAT APPROVAL
FOR LORAM FIRST ADDITION
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Loram Maintenance of Way, Inc. (the "Owner") owns property located east
of Arrowhead Drive and north of Hamel Road (the "Property"), which is legally described in
Exhibit A, attached hereto; and
WHEREAS, Medina MotorPlex, LLC (the "Applicant") desires to purchase a portion of
the Property and has requested preliminary and final plat approval in order to combine and
subdivide the Property; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the plat on
October 11, 2016; and
WHEREAS, the City Council reviewed the proposed plat at the November 1, 2016
meeting; and
WHEREAS, the City Council has made the following findings of fact with regards to the
requested plat:
(a) The proposed subdivision is consistent with the Comprehensive Plan and is not
premature, as defined in Section 820.28.
(b) The physical characteristics of this site appear suitable for the type of development
contemplated and the design of the subdivision is not likely to cause environmental
damage or cause public health problems.
(c) The proposed parcels meet minimum lot size standards and the density of development is
consistent with City regulations.
(d) The design of the subdivision will not conflict with public or private streets, easements or
right-of-way.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Medina,
Minnesota hereby grants preliminary and final plat approval for the plat subject to the following
terms and conditions:
1) The Owner and Applicant shall address all comments of the City Attorney and abide by
the City Attorney's recommendations related to title issues and recording procedures.
2) The Owner and Applicant shall grant to the City a trail easement 10 feet in width along
the Arrowhead Drive and Hamel Road rights -of -way. In -lieu of additional land
dedication for parks and trails purposes, the Applicant shall also construct a minimum of
Resolution No. 2016-##
DATE
1600 linear feet of trail along Arrowhead Drive. Such trail shall be constructed per City
specifications and shall, at the least, extend along the northern 300 feet of the Property
and along Arrowhead Drive to the parking lot located on property to the north.
3) The plat shall be updated to dedicate all easements recommended by the City Engineer.
4) The plat shall be recorded within 120 days of the date of approval or such approval shall
be considered void, unless a written request for a time extension is submitted by the
Applicants and approved by the City Council for good cause.
5) The Owner acknowledges that the plat creates a portion of Lot 2 which is not accessible
from the remainder of the lot and that such situation is based on their own action and will
not create justification for future wetland impacts or variances.
6) This approval shall be contingent upon the Applicant entering into a development
agreement in a form and of substance acceptable to the City to ensure compliance with
the conditions noted herein as well as other relevant requirements of City ordinance and
policy.
7) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the plat and related documents.
Dated: DATE.
By:
Bob Mitchell, Mayor
Attest:
By:
Jodi M. Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2016-## 2
DATE
EXHIBIT A
Legal Description of the Property
That part of the Southwest Quarter of the Northwest Quarter of Section 11, Township
118, Range 23, lying Vilest of the Vilest line of the East 602 feet of said Southwest
Quarter of the Northwest Quarter, which lies South of a line drawn Easterly parallel with
the North line of said Southwest Quarter of the Northwest Quarter, from a point on the
West line of said Southwest Quarter of the Northwest Quarter distant 528 feet
Southerly from the Northwest corner of said Southwest Quarter of the Northwest
Quarter.
Together with:
That part of the Vilest Half of the Southwest Quarter of Section 11, Township 118,
Range 23, described as beginning at the Northwest comer of said Southwest Quarter;
thence Southerly along the West line of said Southwest Quarter a distance of 386.41
feet; thence Easterly parallel with the North line of said Southwest Quarter a distance
of 368 feet: thence Southerly parallel with said West line to the center line of Hamel
Road; thence Easterly along said center line to the intersection with the West line of the
East 602 feet of said West Half of the Southwest Quarter: thence Northerly along said
West line of the East 602 feet to said North line of the Southwest Quarter: thence
Westerly along said forth Dine to the point of beginning.
Together with.
That part of the Southwest 114 of Section '11, Township 118 North, Range 23 West of
the 5th Principal Meridian, descnbed as follows: Commencing at a point on the Vilest
line of said Southwest 114 distant 386.41 feet South of the Northwest comer thereof.
which point is the point of beginning of the tract of land to be descnbed; thence East,
parallel to the North line of said Southwest 114, a distance of 368 feet; thence South,
parallel to the West line of said Southwest 114. to the center line of the County Road
No. 9 (Hamel Road): thence Southwesterly, along the center line of said County Road,
to a point on the West line of said Section 11 distant 434.65 feet South from the point of
beginning; thence North, a distance of 434.65 feet, to the point of beginning, except the
Southerly 33 feet and the Westerly 33 feet thereof, according to the United States
Government Survey thereof and situate in Hennepin County. Minnesota.
Resolution No. 2016-## 3
DATE
Agenda Item # 5G
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2016-##
RESOLUTION GRANTING SITE PLAN REVIEW APPROVAL
FOR AUTOMOTORPLEX OF MEDINA
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Medina MotorPlex, LLC (the "Applicant") intends to purchase property
located east of Arrowhead Drive and approximately 400 feet north of Hamel Road (the
"Property"), which is legally described in Exhibit A, attached hereto; and
WHEREAS, the Applicant has requested approval of a site plan review to allow
construction of twelve structures to contain 212,540 square feet of private auto condominiums
and 26,125 of commercial space; and
WHEREAS, the Planning Commission reviewed the requested site plan at a public
meeting on October 11, 2016 and recommended approval subject to certain conditions; and
WHEREAS, the City Council reviewed the request for compliance with relevant city
requirements and policies at the November 1, 2016 meeting.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby approves the AutoMotorPlex of Medina site plan review subject to the following terms
and conditions:
1) Site Plan Review approval is contingent upon rezoning of the Property to Planned Unit
Development and recording of a plat to subdivide the Property from surrounding lands.
2) The Applicant shall construct improvements as displayed on the plans received by the
City on 10/3/2016 and 10/24/2016, except as modified herein.
3) The Owner shall enter into a development agreement in a form and of substance
acceptable to the City to ensure compliance with the conditions noted herein as well as
other relevant requirements of City ordinance and policy.
4) The Owner shall submit a letter of credit to ensure completion of required site
improvements.
5) This approval shall be valid for three calendar years for Phase I and seven calendar years
for Phase II. The Applicant may request a permit to construct Phase II within this time
frame without obtaining Site Plan Review approval.
6) The Applicant shall meet the recommendations of the City Engineer dated 10/25/2016,
and shall grant easements as recommended by the City Engineer.
Resolution No. 2016-##
DATE
7) The landscaping plan shall be updated as recommended by the City Engineer in order to
provide year-round opaque screening along Arrowhead Drive, to improve species
diversification, and to lower potential conflict with adjacent trail and powerlines.
8) The Applicant shall provide a plan identifying the location of additional parking areas
and an agreement that will provide such parking for the retail uses upon the request of the
City.
9) Uses in the "retail" buildings shall be limited to the uses described below. No use
requiring more parking than a retail use shall be permitted unless provisions are made to
provide additional parking.
a. Retail and showrooms
b. Automobile or motorsports repair, service shops, and auto body shops
c. Automobile detailing
d. Automobile or motorsports sales (interior showroom only)
e. Office
f. Museum
g. Fitness Center
h. Coffeeshop/Sandwich shop (provided adequate parking is provided)
i. Meeting and assembly space (provided adequate parking is provided)
10) Auto condos shall be limited to personal use and no commercial activity may be
permitted within the condos.
11) The auto condos shall never be occupied for residential purposes. A caretaker dwelling
may be permitted on the Property provided City public safety staff are notified and
relevant building code requirements are met.
12) All garage doors shall be decorative in nature, shall be a wooden appearance and shall
incorporate windows and other architectural elements consistent with the doors presented
on slides 11, 12, and 17 of "The Architecture of the AutoMotorPlex" dated August 30,
2016, and shall be subject to approval by City staff.
13) The Applicant shall submit a lighting plan which shall limit lighting levels to 0.0 foot-
candle at the eastern and western property lines and 0.5 foot-candle at the northern and
southern property lines.
14) The Applicant shall enter into an agreement with the City related to maintenance of the
private hydrants within the site.
15) Upland buffers shall be established fully around all wetland areas on Lot 1, including
required vegetation, signage and easements.
16) The Owner shall meet the recommendations of the City Engineer, Fire Marshal, and City
Attorney.
17) Emergency vehicle circulation, fire lane construction, and "no parking — fire lane"
signage shall meet the requirements of the Fire Marshal and City Engineer.
Resolution No. 2016-## 2
DATE
18) The declaration for the condominium, and the articles of incorporation, bylaws and rules
and regulation of the association, shall (a) bind the association and all owners of units to
the terms of the Development Agreement, (b) provide that the terms thereof that
incorporate the provisions of the Development Agreement not be amended without the
approval of the City of Medina, and (c) be subject to the approval of City staff and the
City Attorney.
19) The Owner shall obtain all necessary permits and approvals, including but not limited to
Elm Creek Watershed Management Organization, the Minnesota Department of Health,
the Pollution Control Agency, Metropolitan Council, Hennepin County Engineer, and
other relevant agencies.
20) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the PUD, plat, site plan and other relevant documents.
Dated: DATE.
By:
Bob Mitchell, Mayor
Attest:
By:
Jodi M. Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2016-## 3
DATE
EXHIBIT A
Legal Description of the Property
Lot 1, Block 1, Loram First Addition, Hennepin County, Minnesota
Resolution No. 2016-## 4
DATE
Agenda Item # 5H
PLANNED UNIT DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF MEDINA
AND
MEDINA MP, LLC
This document drafted by:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300 (RHB)
488645v6 ME230-640
TABLE OF CONTENTS
PAGE
1. Right to Proceed; Permitted Uses 1
2. Plans; Improvements; Phases 2
3. Erosion Control 3
4. Site Grading; Haul Routes 3
5. Construction of Improvements; Future Parking 4
6. Sanitary Sewer and Water Improvements 5
7. Stormwater Improvements 6
8. Landscaping Plan 7
9. Upland Buffer Easement Agreement 7
10. Letter of Credit 7
11. Establishment of Association; Special Events Permit 8
12. Developer's Default 9
13. Insurance 10
14. City Utility Connection Fees; Metropolitan Council SAC Fee 10
15. Responsibility for Costs; Escrow for Construction Inspection 11
16. Park Dedication 11
17. No Building Permits Approved 11
18. Clean up and Dust Control 12
19. Compliance with Laws 12
20. Agreement Runs With the Land 12
21. Indemnification 12
22. Assignment 12
23. Notices 12
24. Severability 13
25. Non -waiver 13
26. Counterparts 13
27. Certificate of Completion 13
SIGNATURES 14-15
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
LEGAL DESCRIPTION OF PROPERTY
LIST OF FIRST PHASE IMPROVEMENT PLAN DOCUMENTS
FORM OF STORMWATER MAINTENANCE AGREEMENT
FORM OF UPLAND BUFFER EASEMENT AGREEMENT
IMPROVEMENTS COST ESTIMATE
FORM OF LORAM TRAIL EASEMENT
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488645v6 ME230-640
This Planned Unit Development Agreement (the "Agreement") is made and entered into this
day of December, 2016, by and between the city of Medina, a municipal corporation under the
laws of Minnesota (the "City"), and Medina MP, LLC, a Minnesota limited liability company (the
"Developer").
WITNESSETH:
WHEREAS, the Developer is the fee owner of land located east of Arrowhead Drive and
approximately 400 feet north of Hamel Road (the "Property"), which land is legally described on
Exhibit A attached hereto; and
WHEREAS, on December 20, 2016 the City has approved a rezoning to Planned Unit
Development and a related General Plan of Development, a plat and a site plan for the Property
(collectively, the "City Approvals"); and
WHEREAS, the City Approvals are contingent upon the Developer entering into a
development agreement satisfactory to the City.
NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the
parties agree as follows:
L Right to Proceed; Permitted Uses. a) This Agreement is intended to regulate the
development of the Property and the construction therein of certain public and private
improvements. The Developer may not construct public or private improvements or any buildings
on the Property until all the following conditions precedent have been satisfied:
1) this Agreement has been executed by the Developer and the City;
2) the plat of Loram First Addition has been recorded with Hennepin County;
3) the required Letter of Credit (as hereinafter defined) for the First Phase
Improvements has been received by the City from or on behalf of the
Developer;
4) final engineering and construction plans have been submitted by the
Developer and approved by the city engineer;
5) the Developer has paid the City for all legal, engineering and
administrative expenses incurred by the City regarding the City Approvals,
including the drafting and negotiation of this Agreement;
6) the Developer has deposited with the City the additional construction
observation escrow required by this Agreement;
7) the Developer has executed the stormwater maintenance agreement in the
form attached hereto as Exhibit C;
8) the Developer has executed the upland buffer easement agreement in the
form attached hereto as Exhibit D;
9) Loram Maintenance of Way, Inc. has executed the trail easement in the
form attached hereto as Exhibit F;
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488645v6 ME230-640
10) the Developer has received all required permits from the Elm Creek
Watershed Management Commission, Minnesota Pollution Control
Agency, Minnesota Department of Health, Hennepin County, the
Metropolitan Council and any other permitting entity having jurisdiction;
11) the Developer has submitted the covenants for the Association (as
hereinafter defined) in a form acceptable to the City;
12) the Developer has submitted the storm sewer improvement tax district
disclosure statement;
13) the Developer or the Developer's engineer has initiated and attended a
preconstruction meeting with the City engineer and staff; and
14) the City has issued a notice that all conditions precedent have been
satisfied and that the Developer may proceed.
b) The Property has been rezoned to Planned Unit Development which permits
certain flexibilities from traditional zoning, including a definitive list of allowed uses and specific
zoning regulations. The only uses permitted on the Property are those specifically permitted in
ordinance no. . All zoning standards of the underlying district (business park) are applicable
unless explicitly deleted or amended by the General Plan of Development or the terms of
ordinance no.
2. Plans; Improvements; Phases. a) The Developer agrees to develop the Property in
accordance with the City Approvals, as detailed in City ordinance no. , and resolution
nos. 2016- and 2016- , which ordinance and resolutions are hereby incorporated
into this Agreement as if fully set forth herein. The Developer also agrees that all improvements
constructed on the Property shall be in accordance with the approved engineering and construction
plans (collectively, the "Plans"). The documents which constitute the Plans are those on file with
and approved by the City and are listed on Exhibit B attached hereto. The Plans may not be
modified by the Developer without the prior written approval of the City.
b) In developing the Property in accordance with the Plans, the Developer shall make
or install at its sole expense the following initial public and private improvements (collectively, the
"First Phase Improvements"):
1. site grading within the First Phase;
2. fire lanes within the First Phase;
3. sanitary sewer within the First Phase;
4. water distribution system with the First Phase;
5. stormwater facilities within the First Phase;
6. landscaping within the First Phase; and
7. trail.
c) The Developer intends to construct the buildings on the Property in phases but all
First Phase Improvements will be constructed in conjunction with the first phase and pursuant to
this Agreement. Subsequent phases will require the construction of additional public and private
improvements associated with each such subsequent phase and will be constructed at the time the
buildings in such phase are constructed (collectively the "Subsequent Phase Improvements").
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488645v6 ME230-640
Hereinafter, the First Phase Improvements and the Subsequent Phase Improvements may
collectively be referred to as the "Improvements."
d) The estimate of Improvement costs attached hereto as Exhibit E includes a general
outline of the intended phases of the Improvements and the estimated costs thereof. No subsequent
phase may be initiated by the Developer until the City has received a Letter of Credit sufficient to
support the Improvements in that phase. Subsequent development agreements or amendments to
this Agreement may be required prior to construction of the Improvements in subsequent phases. In
any event, all Improvements must be completed no later than December 31, 2023.
e) All work performed by or on behalf of the Developer related to construction of the
Improvements or the building on the Property shall be restricted to the hours of 7:00 a.m. through
8:00 p.m., Monday through Friday, and 8:00 a.m. through 5:00 p.m. on Saturday.
3. Erosion Control. a) All construction on the Property shall be conducted in a
manner designed to control erosion and in compliance with all City ordinances and other
requirements, including the City's permit with the Minnesota Pollution Control Agency
regarding municipal separate storm sewer system program. Before the Property is rough graded,
an erosion control plan shall be implemented by the Developer as approved by the City. The
City may impose additional erosion control requirements after the City's initial approval if the
City deems such reasonably necessary due to a change in conditions. All areas disturbed by the
grading shall be reseeded promptly after the completion of the work in that area unless the
construction of buildings or other improvements is anticipated immediately thereafter. Except as
otherwise provided in the erosion control plan, seed shall provide a temporary ground cover as
rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary
for seed retention. The parties recognize that time is of the essence in controlling erosion.
b) If the Developer does not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems
reasonably appropriate to control erosion based on the urgency of the situation. The City will
make a good faith effort to notify the Developer in advance of any proposed action, including by
telephone or email in the case of emergencies, but failure of the City to do so will not affect the
Developer's obligations or the City's rights hereunder.
c) The Developer agrees to reimburse all expenses incurred by the City in
connection with such actions. No grading or construction of the Improvements will be allowed
and no building permits will be issued for the Property unless the Developer is in full compliance
with the erosion control requirements. The erosion control measures specified in the Plans or
otherwise required on the Property shall be binding on the Developer and its successors and
assigns.
4. Site Grading; Haul Routes. a) All site grading must be done in compliance with
the Plans, including the erosion control plan. 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
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488645v6 ME230-640
completion of the grading, the Developer shall provide the City with an "as constructed" grading
plan and a certification by a registered land surveyor or engineer.
b) The Developer agrees that any fill material which must be brought to or removed
from the Property during construction of the Improvements, while grading the site, or during
construction of the buildings will be by means of the haul route established by the City. For
purposes of this provision, the City designates Arrowhead Drive to T.H. 55 as the haul route.
5. Construction of Improvements; Future Parking. a) All Improvements shall be
installed in accordance with the Plans, the City Approvals, the City's engineering standards (as
hereinafter defined) for utility construction and the requirements of the reports from the city
engineer dated September 2, September 6, September 29, October 7, October 25 and December
14, all of 2016. The Developer shall submit plans and specifications for utility construction
prepared by a registered professional engineer. The Developer shall obtain any necessary
permits from the Minnesota Pollution Control Agency, Minnesota Department of Health, Elm
Creek Watershed Management Commission, Hennepin County, the Metropolitan Council and
any other agency having jurisdiction over the Property before proceeding with construction. The
Developer shall also comply with the requirements of the letter from Elm Creek Watershed
Management Commission dated . The City shall inspect all work at the
Developer's expense. The Developer, its contractors and subcontractors, shall follow all
instructions received from the City's inspectors regarding compliance with the plans and
specifications for the Improvement, with City code requirements or with the City's engineering
standards. Prior to beginning construction, the Developer or the Developer's engineer shall
schedule a preconstruction meeting with all parties concerned, including the City staff and
engineers, to review the program for the construction work.
b) Within 30 days after the completion of each phase of the Improvements, the
Developer shall supply the City with a complete set of reproducible "as constructed" plans and
three complete sets of paper "as constructed" plans, each prepared in accordance with City
standards and in AutoCADD format based on Hennepin County coordinates. Sanitary sewer,
water and stormwater "as constructed" plans shall also be submitted to the City in GIS format
compatible with Arc Map 10.3 in the coordinates and with the attributes directed by the city
engineer. Iron monuments must be installed on the Property in accordance with state law. The
Developer's surveyor shall submit a written notice to the City certifying that the monuments
have been installed. All First Phase Improvements required by this Agreement shall be
completed by no later than December 31, 2017. Notwithstanding the foregoing, the final lift of
bituminous for the First Phase and the trail may be delayed until June 30, 2018.
c) The Developer agrees to require its contractor to provide to the City a warranty
bond for the Improvements for each phase described in elements 3, 4, and 7 of paragraph 2(b) of
this Agreement, with each bond to cover defects in labor and materials for the applicable
Improvements for a period of two years from the date of their acceptance by the City. During
such period, the Developer agrees to repair or replace any Improvement, or portion or element
thereof, which shows signs of failure, normal wear and tear excepted. A decision regarding
whether an Improvement shows signs of failure shall be made by the City in the reasonable
exercise of its judgment following consultation with the Developer. If the defective
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488645v6 ME230-640
Improvement is not repaired or replaced by means of the warranty bond or if the Developer
otherwise fails to repair or replace a defective Improvement during the warranty period after
written notice to the Developer and opportunity to cure, the City may repair or replace the
defective portion and may use the Letter of Credit, as hereinafter defined, to reimburse itself for
such costs. The Developer agrees to reimburse the City fully for the reasonable cost of all
Improvement repairs or replacement if the cost thereof exceeds the remaining amount of the
Letter of Credit. Such reimbursement must be made within 45 days of the date upon which the
City notifies the Developer of the cost due under this section. If the Developer fails to make
required payments to the City, the Developer hereby consents to the City levying special
assessments for any unreimbursed amount associated with such costs against the Property. The
Developer, on behalf of itself and its successors and assigns, acknowledges the benefit to the
Property of the repair or replacement of the Improvements and hereby consents to such
assessment and waives the right to a hearing or notice of hearing or any appeal thereon under
Minnesota Statutes, Chapter 429.
d) The Developer intends to construct approximately 26,125 square feet of retail
space in addition to 212,540 square feet of garage space on the Property. The site plan provides
64 parking spaces for the retail uses while City code would require 105 spaces. The Developer
believes 64 spaces are sufficient given the nature of the likely retail uses and their relationship to
the other uses on the Property. The retail parking spaces are located immediately in front of the
two buildings intended for partial retail use and are on a portion of the Property accessible to the
general public. Space exists on the Property for additional vehicles to park upon proposed paved
surfaces but access to such areas is limited by fences and gates. The City is willing to permit the
smaller number of parking spaces based on the above but reserves the right to require the
Developer or its successors or assigns to make additional parking spaces available to the users of
the retail buildings if deemed necessary by the City in its sole discretion. Upon written notice by
the City that additional parking is needed to accommodate the retail uses, the Developer or its
successors or assigns agrees to provide the additional parking within three months, seasonal
conditions allowing. All such additional parking must likewise be accessible by the general
public. In the alternative, the City may require a reduction in the amount of space available for
retail uses or require a change in the mix of such uses in order to decrease parking demand.
6. Sanitary Sewer and Water Improvements. a) The Developer agrees to extend
sanitary sewer and water lines to serve the Property. The Developer's work in extending utilities
must be in accordance with the Plans and must be constructed in compliance with all City
specifications regarding such utilities. Some of the water improvements will be dedicated to the
public and maintained thereafter by the City. The remainder of the water improvements shall
remain private and be maintained by the Developer or its successors and assigns unless required
by the City to be dedicated to the public.
b) The Developer or its successors or assigns shall be responsible for maintaining all
hydrants on the Property in working order. The hydrants are located within public drainage and
utility easements and the City retains the option of inspecting the hydrants at any time and
directing the maintenance thereof. If the hydrants are not maintained in accordance with City
requirements, the City has the right but not the obligation to maintain them and to assess the cost
thereof to the Property. The Developer on behalf of itself and its successors and assigns,
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488645v6 ME230-640
acknowledges the benefit to the Property of the proper maintenance of the hydrants and hereby
consents to such assessment and waives the right to a hearing or notice of hearing or any appeal
thereof under Minnesota Statutes, Chapter 429.
7. Stormwater Improvements. a) The Developer agrees to construct the on -site
stormwater improvements in accordance with the Plans and in compliance with all City
requirements regarding such improvements. The stormwater facilities serving the Property will
remain private and will be maintained by the Developer or its successors or assigns at its sole
expense. The City does not intend to accept the stormwater facilities as public and does not intend
to maintain them. In order to meet the requirements of the Elm Creek Watershed Management
Commission, the Developer agrees to enter into a Stormwater Maintenance Agreement with the
City in the form attached hereto as Exhibit C. The purpose of the Stormwater Maintenance
Agreement is to ensure that the Developer or its successors or assigns maintains the stormwater
facilities and to give the City the right but not the obligation to do so if the Developer fails in its
obligations. The Stormwater Maintenance Agreement will be recorded against the Property and
will run with the land. The Developer acknowledges that i) the on -site storm water improvements
have not and will not be accepted by the City; ii) the City does not plan to maintain or pay for
maintenance, repair or replacement of the storm sewer improvements and that the Developer will
have responsibility for such work; iii) the City has the right but not the obligation to perform
necessary work upon the failure or refusal by the Developer to do so; and iv) if the City performs
any work on the storm water improvements, the City may specially assess the cost of such work
against the Property.
b) The Developer intends to assign responsibility to the unit owners' association
established as part of a non-residential condominium formed under Minnesota Statutes Chapter
515B (the "Association") for the maintenance, repair or replacement of the private stormwater
facilities as needed and the Association documents recorded with Hennepin County will so
require. The Association shall be responsible for the maintenance, repair or replacement of all
private stormwater facilities serving the Property. The Developer agrees to inform purchasers of
units within the Property that (i) the City does not plan to maintain or pay for maintenance, repair
or replacement of the stormwater facilities and that the Developer or the Association will have
primary responsibility for such work; (ii) the City has the right but not the obligation to perform
necessary work upon the failure or refusal by the Developer or the Association to do so; and (iii)
if the City performs any work on the stormwater facilities after reasonable notice to the
Developer or the Association and the failure of the Developer or the Association to perform the
work, the City intends to recover the cost of such work against the units within the Property
through special assessments or otherwise.
c) The Developer acknowledges that the City intends to establish a storm sewer
improvement tax district (the "District") which includes all of the Property. The District will be
established pursuant to Minnesota Statutes, sections 444.16 to 444.21 and will authorize the City
to acquire, construct, reconstruct, extend, maintain, and otherwise improve storm sewer systems
and related improvements within or serving the Property if such work becomes necessary in the
opinion of the City based on the Developer's or the Association's failure to perform pursuant to
this Agreement and the Stormwater Maintenance Agreement. In recognition of this possibility,
the Developer agrees to provide prospective unit purchasers with a disclosure statement
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488645v6 ME230-640
informing them of the existence of the District and that a tax could be imposed on the units
within the Property if the City is required to repair or maintain the storm sewer systems and
related improvements. The wording of the disclosure statement must be approved by the City for
use in connection with the sale of units in the Property prior to its distribution or use by the
Developer.
8. Landscaping Plan. The Developer agrees to install landscaping in accordance with
the Plans for each relevant phase. 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 of planting. Any automatic water irrigation system utilized on
the Property shall be equipped with rain sensors or soil moisture sensors and is subject to the City's
irrigation ordinance and water conservation ordinance which prohibits the use of treated municipal
water in connection with a landscape irrigation system. Notwithstanding the requirement that
water for landscaping not be taken from the public water supply, water may be utilized from the
public water system for a limited period of time until the landscaping material has been
established.
9. Upland Buffer Easement Agreement. The Developer agrees to execute the Upland
Buffer Easement Agreement attached hereto as Exhibit D. The purpose of the Upland Buffer
Easement is to ensure that the buffer areas surrounding the wetlands on the Property are planted
with appropriate materials intended to enhance water quality in the wetlands and are maintained in
that condition thereafter. The materials to be planted within the buffer area are specified in the
landscaping plan.
10. Letter of Credit. a) In order to ensure completion of the First Phase
Improvements specifically required under section 2(b) of this Agreement (but excluding the
parking area and access drives) and satisfaction of all fees due to the City related to development
of the Property, the Developer agrees to deliver to the City prior to beginning any construction
on the Property a letter of credit (the "Letter of Credit") in the amount of $1,067,850, which
represents 150 percent of the estimated cost of the public and private Improvements in the First
Phase which the City would require to be completed upon default by the Developer. This
amount represents the maximum risk exposure for the City, based on the anticipated sequence of
construction and the estimated cost of each element of the Improvements, rather than on the
aggregate cost of all required Improvements. The Letter of Credit shall be delivered to the City
prior to issuance of any building permits for the Property and shall renew automatically
thereafter until released by the City. The itemized costs of the Improvements are estimated on
Exhibit E attached hereto. The Letter of Credit shall be issued by a bank determined by the City
to be solvent and creditworthy and shall be in a form acceptable to the City. The Letter of Credit
shall allow the City to draw upon the instrument, in whole or part, in order to complete
construction of any or all of the First Phase Improvements, and to pay any fees or costs related to
development of the Property and due to the City by the Developer. Construction of the
Subsequent Phase Improvements will require the similar posting of a Letter of Credit by the
Developer in amounts determined by the City in relation to the estimated cost of the
Improvements to be constructed in each phase.
b) The City agrees to release or reduce the Letter of Credit upon substantial
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488645v6 ME230-640
completion of the First Phase Improvements on the Property, or any significant portion thereof,
and satisfaction of all of the Developer's financial obligations to the City. In order to ensure the
Letter of Credit is sufficient to allow completion or repair of the storm water improvements
within two years of their completion, the City may maintain the Letter of Credit at an amount
adequate to provide for such contingency.
c) Prior to releasing any portion of the Letter of Credit or accepting another letter of
credit in replacement, the City shall first be satisfied regarding the quality and completeness of
the construction or work and that the Developer has taken such steps as may be necessary to
ensure that no liens will attach to the Property. Notwithstanding anything herein to the contrary,
the Letter of Credit shall not be reduced to less than $50,000, until such time as the City releases
the entire Letter of Credit.
d) If at any time the City determines that the bank issuing the Letter of Credit no
longer satisfies the City's requirements regarding solvency and creditworthiness, the City shall
notify the Developer and the Developer shall provide to the City within 30 days a substitute
Letter of Credit from another bank meeting the City's requirements. If the Developer fails to
provide the City with a substitute Letter of Credit from an issuing bank satisfactory to the City
within 30 days or such shorter period as may be necessary to ensure there remains a valid letter
of credit available to the City, the City may draw under the existing Letter of Credit.
e) The amount of the Letter of Credit has been determined in relation to the cost of
only the First Phase Improvements. The City may retain a portion of the Letter of Credit or
require an additional Letter of Credit before construction of any Subsequent Phase
Improvements. The cost estimates in Exhibit E for the future phase Improvements are based on
price information available at the time of execution of this Agreement and will be updated prior
to initiation of each subsequent phase.
11. Establishment of Association; Special Events Permit. a) The approved site plan
for the Property allows the construction of 12 buildings which are intended to be subdivided into
finished garage spaces for motor sports enthusiasts and some related retail areas. The garage and
retail spaces will be condominimized and sold separately. The owner of each garage unit will be
a member of an association (the "Association") formed to manage and maintain the Property
after completion of the improvements and the Developer is no longer involved with the project.
The Developer shall draft restrictive covenants for such purpose and will record the covenants
against the Property. Prior to recording the covenants, the Developer shall provide a copy of the
covenants to the City for review. The covenants must be in form and substance acceptable to the
City, provide for incorporation of this Agreement and the City Approvals and prohibit the
amendment or deletion of certain provisions without the prior written approval of the City.
b) The Developer proposes to host periodic events at the Property which will be
open to the general public and some of which are expected to generate significant traffic, exceed
the parking capacity of the Property and require Special Services, as that term is defined in the
City's special events ordinance. Events will be regulated as follows:
(i) Events attracting to the Property fewer than 400 persons or 200 vehicles,
8
488645v6 ME230-640
whichever is more permissive, are permitted without a special events permit so long as all
the required parking may be accommodated on the Property and no Special Services are
required.
(ii) Larger events attracting 400 or more persons or 200 or more vehicles,
whichever is more permissive, which exceed the parking capacity of the Property or
which require Special Services will require a special event permit from the City. These
events involve a risk of excessive traffic, crowds, noise and on -street parking which may
pose a threat to public safety and disturbance of the owners of adjacent properties and
may be held no more than one time per calendar month.
(iii) Notwithstanding the above, special rules shall apply during the project's
Marketing Period, which shall terminate on December 31, 2023 or the date upon which
the building permit for the last building on the Property is issued, whichever occurs first.
During the Marketing Permit events may be held without a special event permit if the
event attracts to the Property fewer than 700 persons or 350 vehicles, whichever is more
permissive and no Special Services are required. Events attracting more than 700, but
fewer than 1,000 persons or more than 350 but fewer than 500 vehicles, whichever is
more permissive, shall require a Special Permit and may be held no more than 16 times
per calendar year. Events attracting more than 1,000 persons or 500 vehicles, whichever
is more permissive, shall require a Special Permit and may be held no more than once per
calendar month, which shall count towards the maximum of 16 per calendar year.
(iv) In counting the number of persons or vehicles attracted to the Property to
determine whether a special event permit is required, all persons attending the event,
whether owners, guests or visitors to the Property and their respective vehicles shall be
included. Owners and their guests on the Property for other purposes and not attending
the event shall not be counted.
c) The City intends to regulate such events through its special events permit process
under City code section 230. Each special event shall require a special event permit, the terms
and conditions of which may be adapted by the City to address the public health and safety
issues raised by the events. No approval of any special event has been authorized by the City
Approvals or this Agreement. The City reserves the right to evaluate each event and impose
conditions reasonably expected to address public health, safety and welfare of all residents and
visitors to the City. The City also reserves the right to refuse to issue special event permits if it
determines, based on previous experience, that even subject to the terms and conditions of the
permit such events impose an unreasonable risk to create disturbances, become nuisances,
menace or threaten life, health or property, disrupt traffic or threatened or damage private or
public property. The Developer or the Association may not hold an event requiring a special
event permit without a permit.
12. Developer's Default. In the event of default by the Developer as to construction or
repair of any of the Improvements, the City may, at its option, perform the work and the
Developer shall promptly reimburse the City for any expense incurred by the City. This
Agreement is a license for the City to act, and it shall not be necessary for the City to seek an
order from any court for permission to enter the Property for such purposes. If the City does any
such work, the City may, in addition to its other remedies, levy special assessments against the
Property to recover the costs thereof. For this purpose, the Developer, for itself and its
9
488645v6 ME230-640
successors and assigns, expressly waives any and all procedural and substantive objections to the
special assessments, including but not limited to, hearing requirements and any claim that the
assessments exceed the benefit to the land so assessed. The Developer, for itself and its
successors and assigns, also waives any appeal rights otherwise available pursuant to Minnesota
Statues, section 429.081.
13. Insurance. The Developer or its contractor shall take out and maintain or cause to
be taken out and maintained until six months after the City has accepted the public elements of
the Improvements, public liability and property damage insurance covering personal injury,
including death, and claims for property damage which may arise out of Developer's work or the
work of its contractors or subcontractors. Liability limits shall not be less than $500,000 when
the claim is one for death by wrongful act or omission or for any other claim and $1,500,000 for
any number of claims arising out of a single occurrence. The City shall be named as an
additional insured on the policy. The certificate of insurance shall provide that the City must be
given the same advance written notice of the cancellation of the insurance as is afforded to the
Developer or its contractor.
14. City Utility Connection Fees; Metropolitan Council SAC Fee. a) In accordance
with City policy and to distribute uniformly the costs of public utility infrastructure
improvements, the City will charge the Developer trunk connection fees for the availability of
sanitary sewer and water to the Property. The total connection fees shall be computed as of the
date of issuance of each building permit and shall be payable prior to issuance of the building
permit. The 2016 sanitary sewer connection fee for the Property is $1075.00 per SAC unit. The
2016 water connection fee for the Property is $7575.00 per SAC unit. These fees are subject to
periodic increases by the City and will be payable at the rates then in effect at the time of
issuance of the building permits.
b) The Metropolitan Council has established the number of sewer availability charge
units attributable to the garages on the Property as equal to 1 per 7,000 square feet of building
plus .19 per garage unit, which averages about five per building. The Developer has suggested
that actual usage shall be lower, based on a similar facility owned by the Developer. The City's
initial utility connection fees shall be based on 40 percent of the Metropolitan Council's number
of sewer availability units. The City agrees to collect fees based on the estimated lower number
but retains the right to reevaluate the number of units based on actual usage at any time up to five
years after the date of issuance of the certificate of occupancy for the last building on the
Property. The reduced number of units applies only to the garage units, not the retail or other
uses. If the City determines that additional units (up to the number initially determined by the
Metropolitan Council) are justified based on actual usage, the Developer or its successors or
assigns agrees to pay fees for the additional units at the then -current City rate within 30 days of
notice from the City. If the Developer or its successors or assigns fails to pay the required
additional fees, the City shall have the right to specially assess the Property for the unpaid fees
and the Developer on behalf of itself and its successors and assigns hereby waives any right to
appeal said assessments under Minnesota Chapter 429 or Chapter 444.
c) In addition to the City fees payable under paragraph a) above, the Developer will
be responsible for payment of the SAC charges set by the Metropolitan Council.
10
488645v6 ME230-640
15. Responsibility for Costs; Escrow for Construction Inspection. a) The Developer
agrees to pay to the City an administrative fee in the amount necessary to reimburse the City for
its reasonable costs and expenses in reviewing the City Approvals, including the drafting and
negotiation of this Agreement. The Developer agrees to reimburse the City in full for such
reasonable costs within 30 days after notice in writing by the City. The Developer agrees to
reimburse the City for the reasonable cost incurred in the enforcement of any provision of this
Agreement, including reasonable engineering and attorneys' fees.
b) The Developer shall also pay a fee for City construction observation and
administration relating to construction of the Improvements. Construction observation shall
include inspection of all the public and private Improvements. In order to reimburse the City for
the cost of inspection of the First Phase Improvements, the Developer shall deposit $66,000 into
an escrow account with the City, which shall receive and hold such funds solely under the terms
of this Agreement. If any funds held under this escrow exceed the amount necessary to
reimburse the City for its costs under this subparagraph, such funds shall be returned to
Developer without interest. If it appears the actual costs incurred for construction observation
will exceed the estimate, the Developer and the City shall review the costs required to complete
the project and the Developer shall deposit additional sums with the City. An additional
construction escrow shall be calculated and required before the Developer may initiate each
future phase.
16. Park Dedication. In satisfaction of its park dedication requirement under state law
and City ordinance, the Developer agrees to dedicate to the City a trail easement on the western
edge of the Property adjacent to the right-of-way for Arrowhead Drive. The trail easement shall
be dedicated by plat. Loram Maintenance of Way, Inc., the fee owner of the land north of the
Property, has also agreed to convey a trail easement to the City along the western portion of its
land adjacent to Arrowhead Drive. The trail easement shall be in the form attached hereto as
Exhibit F. The City will give Loram park dedication credit for the trail easement against the park
dedication requirements due upon subdivision of Loram's land in the future. The Developer also
agrees to construct a trail a minimum of 1,600 feet in length within the easement it dedicates and
the one conveyed by Loram Maintenance of Way, Inc. in order to connect the entrance to the
Property with existing parking on the land to the north. The trail shall be constructed with the
First Phase Improvements and in accordance with the Plans. The above park dedication and trail
construction shall constitute Developer's full payment of all obligations towards park dedication
as required by the City for the project approved by the City Approvals and this Agreement.
17. No Building Permits Approved. The City Approvals do not include approval of a
building permit for any structures on the Property. The Developer must submit and the City
must approve building plans prior to the issuance of any building permit for the Property. The
Developer or the party applying for the building permit shall be responsible for payment of the
customary fees associated with the building permit in addition to any other fees required by this
Agreement.
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488645v6 ME230-640
18. Clean up and Dust Control. The Developer shall daily clean dirt and debris from
streets adjoining the Property resulting from construction work by the Developer, its contractors,
agents or assigns. Prior to any construction on the Property, the Developer shall identify to the
City in writing a responsible party for erosion control, street cleaning, and street sweeping. The
Developer shall provide dust control to the satisfaction of the City's engineer throughout
construction on the Property.
19. Compliance With Laws. The Developer agrees to comply with all laws, ordinances,
regulations and directives of the state of Minnesota and the City applicable to the Property. This
Agreement shall be construed according to the laws of Minnesota. Breach of the terms of this
Agreement by the Developer shall be grounds for denial of building permits for the Property.
20. 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.
21. Indemnification. The Developer hereby agrees to indemnify and hold the City and
its officers, employees, and agents harmless from claims made by third parties for damages
sustained or costs incurred resulting from the City Approvals. The Developer hereby agrees to
indemnify and hold the City and its officers, employees, and agents harmless for all costs,
damages, or expenses which the City may pay or incur in consequence of such claims, including
attorneys' fees, except matters involving procedural errors in violation of law or acts of gross
negligence by the City.
22. Assignment. The Developer may not assign this Agreement without the prior
written permission of the City. Notwithstanding the above, the Developer may assign this
Agreement to the Association without permission but with written notice to the City.
23. Notices. Any notice or correspondence to be given under this Agreement shall be
deemed to be given if delivered personally or sent by U.S. Mail, postage prepaid, certified mail,
return receipt requested:
a) as to Developer: Medina MP, LLC
b) as to City:
City of Medina
2052 County Road 24
Medina, MN 55340
ATTN: City Administrator
488645v6 ME230-640
12
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 Developer shall notify the City if it changes its name or address.
24. 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.
25. 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.
26. 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.
27. Certificate of Completion. The Developer will notify the City in writing at such
time that Developer intends on transferring title to a completed garage condo unit or a completed
retail condo unit to a third party purchaser. City shall promptly inspect the unit to be transferred
and upon acceptance of condition of the unit and completion of the Improvements for the phase
in which the unit is located, to the extent required for the issuance of a certificate of occupancy
for the unit, the City will also execute, in a recordable form, a Certificate of Completion for the
unit so transferred. The Certificate of Completion shall release the unit transferred from the
Developer obligations and covenants under this Agreement, except with regard to the storm
sewer improvement tax district to be established by the City or any other ongoing obligation,
provided such Certificate of Completion shall not release Developer or the condo association
from any such remaining obligations or covenants.
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488645v6 ME230-640
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the day and year first above written.
CITY OF MEDINA
By:
By:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Bob Mitchell, Mayor
Scott T. Johnson, City Administrator
The foregoing instrument was acknowledged before me this day of December, 2016, by
Bob Mitchell and Scott T. Johnson, the mayor and city administrator, respectively, of the city of
Medina, a Minnesota municipal corporation, on behalf of the municipal corporation.
Notary Public
14
488645v6 ME230-640
By:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
MEDINA MP, LLC
Its:
The foregoing instrument was acknowledged before me this day of December, 2016, by
, the of Medina MP, LLC, a Minnesota limited
liability company, on behalf of the limited liability company.
699208-v2
Notary Public
15
488645v6 ME230-640
EXHIBIT A TO
DEVELOPMENT AGREEMENT
The land to which this Development Agreement applies is legally described as follows:
Lot 1, Block 1, Loram First Addition, Hennepin County, Minnesota
A-1
488645v6 ME230-640
EXHIBIT B TO
DEVELOPMENT AGREEMENT
The following documents prepared by EVS, Inc. dated December 9, 2016, collectively constitute
the Improvement Plans:
C010
Cover Sheet
C 100
Existing Conditions
C 110
Construction Notes
C200
Civil Site Plan
C210
Wetland Monuments Plan
C230
Paving Plan
C300
Grading Plan
C310
Erosion Control Plan
C400
Sanitary & Watermain Plan
C401
Sanitary & Watermain Plan
C420
Storm Sewer Plan
C421
Storm Sewer Plan
C601
Site Details
C602
Site Details
C603
Site Details
C604
Site Details
C605
Site Details
C606
Site Details
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488645v6 ME230-640
EXHIBIT C TO
DEVELOPMENT AGREEMENT
FORM OF
STORMWATER MAINTENANCE AGREEMENT
This Stormwater Maintenance Agreement (the "Agreement") is made and entered into as
of the day of , 2016, by and between Medina MP, LLC, a Minnesota limited
liability company (the "Developer"), and the city of Medina, a Minnesota municipal corporation
(the "City").
WITNESSETH:
WHEREAS, the Developer owns certain real property located in the Hennepin County,
Minnesota, legally described on Exhibit A attached hereto (the "Property"); and
WHEREAS, the Property has been platted and drainage and utility easements have been
dedicated to the City over portions of the Property (the "Easement Areas") as depicted on
Exhibit B attached hereto; and
WHEREAS, the Developer intends to construct within the Easement Areas certain
stormwater improvements (the "Stormwater Improvements") for the benefit of the Property; and
WHEREAS, by a separate development agreement of even date herewith, the City and
the Developer have entered into an agreement for the construction and maintenance of the
Stormwater Improvements; and
WHEREAS, the Elm Creek Watershed Management Commission requires permanent
provisions for handling of storm runoff, including terms and conditions for operation and
maintenance of all Stormwater Improvements, and requires such provisions to be set forth in an
agreement to be recorded against the Property; and
WHEREAS, the City and the Developer intend to comply with certain conditions,
including entering into a maintenance agreement regarding the Stormwater Improvements;
NOW, THEREFORE, in consideration of mutual covenants of the parties set forth
herein and other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Maintenance of the Stormwater Improvements. The Developer and its successor
or assigns as fee owner of the Property shall be responsible for maintaining the Stormwater
Improvements and for observing all drainage laws governing the operation and maintenance of
the Stormwater Improvements. The Developer shall adhere to the schedule for the periodic
inspection of the Stormwater Improvements attached hereto as Exhibit C. The Developer shall
make all such scheduled inspections, keep record of all inspections and maintenance activities,
C-1
488645v6 ME230-640
and submit such records annually to the City. The cost of all inspections and maintenance,
including skimming and cleaning of the Stormwater Improvements, shall be the obligation of the
Developer and its successors or assigns as the fee owner of the Property.
2. City's Maintenance Rights. The City may maintain the Stormwater
Improvements, as provided in this paragraph, if the City reasonably believes that the Developer
or its successors or assigns has failed to maintain the Stormwater Improvements in accordance
with applicable drainage laws and other requirements and such failure continues for 30 days after
the City gives the Developer written notice of such failure or, if such tasks cannot be completed
within 30 days, after such time period as may be reasonably required to complete the required
tasks provided that Developer is making a good faith effort to complete said task. The City's
notice shall specifically state which maintenance tasks are to be performed. If Developer or its
successors or assigns does not complete the maintenance tasks within the required time period
after such notice is given by the City, the City shall have the right to enter upon the Easement
Areas to perform such maintenance tasks. In such case, the City shall send an invoice of its
reasonable maintenance costs to the Developer or its successors or assigns, which shall include
all reasonable staff time, engineering and legal and other reasonable costs and expenses incurred
by the City. If the Developer or its successors or assigns fails to reimburse the City for its costs
and expenses in maintaining the Stormwater Improvements within 30 days of receipt of an
invoice for such costs, the City shall have the right to assess the full cost thereof against the
Property. The Developer, on behalf of itself and its successor and assigns, acknowledges that the
maintenance work performed by the City regarding the Stormwater Improvements benefits the
Property in an amount which exceeds the assessment and hereby waives any right to hearing or
notice and the right to appeal the assessments otherwise provided by Minnesota Statutes, Chapter
429. Notwithstanding the foregoing, in the event of an emergency, as determined by the city
engineer, the 30-day notice requirement for failure to perform maintenance tasks shall be and
hereby is waived in its entirety and the Developer or its successors or assigns shall reimburse the
City and be subject to assessment for any expense so incurred by the City in the same manner as
if written notice as described above has been given.
3. Hold Harmless. The Developer hereby agrees to indemnify and hold harmless the
City and its agents and employees against any and all claims, demands, losses, damages, and
expenses (including reasonable attorneys' fees) arising out of or resulting from the Developer's,
or the Developer's agents' or employees' negligent or intentional acts, or any violation of any
safety law, regulation or code in the performance of this Agreement, without regard to any
inspection or review made or not made by the City, its agents or employees or failure by the
City, its agents or employees to take any other prudent precautions. In the event the City, upon
the failure of the Developer to comply with any conditions of this Agreement, performs said
conditions pursuant to its authority in this Agreement, the Developer shall indemnify and hold
harmless the City, its employees, agents and representatives for its own negligent acts in the
performance of the Developer's required work under this Agreement, but this indemnification
shall not extend to intentional or grossly negligent acts of the City, its employees, agents and
representatives.
4. Costs of Enforcement. The Developer agrees on behalf of itself and its successors
and assigns to reimburse the City for all costs prudently incurred by the City in the enforcement
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488645v6 ME230-640
of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees.
5. Notice. All notices required under this Agreement shall either be personally
delivered or be sent by U.S. certified or registered mail, postage prepaid, and addressed as
follows:
a) as to the Developer: Medina MP, LLC
b) as to the City:
City of Medina
2052 County Road 24
Medina, MN 55340
Attn: City Administrator
or at such other address as either parry may from time to time notify the other in writing in
accordance with this paragraph.
6. Successors and Assigns. All duties and obligations of Developer under this
Agreement shall also be duties and obligations of Developer's successors and assigns. The terms
and conditions of this Agreement shall run with the Property. The Developer intends to assign
this Agreement to the unit owners' association it forms for the units sold on the Property.
7. Effective Date. This Agreement shall be binding and effective as of the date first
written above.
********************
C-3
488645v6 ME230-640
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
MEDINA, MP, LLC
The foregoing instrument was acknowledged before me this day of
2016, by , the , of Medina MP, LLC, a Minnesota
limited liability company, on behalf of the limited liability company.
Notary Public
C-4
488645v6 ME230-640
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
SS.
CITY OF MEDINA
By:
Bob Mitchell, Mayor
And by:
Scott T. Johnson, City Administrator
The foregoing instrument was acknowledged before me this day of ,
2016, by Bob Mitchell and Scott T. Johnson, the mayor and the city administrator, respectively,
of the city of Medina, a Minnesota municipal corporation, on behalf of the municipal
corporation.
This instrument drafted by:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
Notary Public
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488645v6 ME230-640
EXHIBIT A TO
STORMWATER MAINTENANCE AGREEMENT
Legal Description of the Property
Lot 1, Block 1, Loram First Addition, Hennepin County, Minnesota
C-A-1
488645v6 ME230-640
EXHIBIT B TO
STORMWATER MAINTENANCE AGREEMENT
Depiction of Easement Areas
[to be completed]
C-B-1
488645v6 ME230-640
EXHIBIT C TO
STORMWATER MAINTENANCE AGREEMENT
Inspection and Maintenance Schedule
Stormwater Ponds:
Inspection and maintenance shall be made consistent with the most recent version of the
Minnesota Stormwater Manual or other subsequent manual as dictated by the City. At the time
of execution of this Agreement, the schedule can be found in Table 12.POND.4 of the Minnesota
Stormwater Manual as follows:
Table 12.PDND.4: Typical Inspection/Maintenance
Frequencies for Ponds
Inspection Items
Maintenance Items
Frequency
Ensure that at least 50 f of wetland plants
sunrive
Check for invasive wetland plants.
Replant wetland vegetation
One time - After First
Year
Check that maintenance access is free and
clear.
Inspect low flow orifices, reverse flow pipes,
and other pipes for clogging
Check the permanent pool or dry pond area
for floating debris, undesirable vegetation.
Investigate the shoreline for erosion
Monitor wetland plant composition and
health.
Look for broken signs, locks, and other
dangerous items_
Mowing —minimum Spring and Fall
Remove debris
Repair undercut, eroded, and bare soil
areas
Monthly to Quarterly or
Alter Major Storms (>1')
Monitor wetland plant composition and
health.
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
a needed
Semi-annual to annual
All routine inspection items above
Inspect user. barrel, and embankment for
damage
Inspect all pipes
Monitor sediment deposition in pond and
forebay
pipe and Riser Repair
Forebay maintenance and sediment
removal when needed
Every 1 to 3 years
Monitor sediment deposition in pond and
Forebay
Forebay maintenance and sediment
removal when needed
2_7 years
Remote television inspection of reverse
slope pipes, under-0ra ins, and other hard to
access piping
Sediment removal from main pond/
wetland
Pipe replacement if needed
5-25 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.
Stormwater Filtration Basins and Sand Filters:
Inspection and maintenance shall be made consistent with the most recent version of the
Minnesota Stormwater Manual or other subsequent manual as dictated by the City. At the time
of execution of this Agreement, the schedule can be found in Table 12.FIL.4 of the Minnesota
Stormwater Manual as follows:
C-C-1
488645v6 ME230-640
Table 12.FILA. Recommended Maintenance Activities for Media Fitters (Sources:
1997; Putt, 1997)
WMI,
Activity
Schedule
- If filter bed is clogged or partially Gagged, manual manipulation of the surface
layer of sand may be required_ Remove the top few inches of media, roto-till or
otherwise cultivate the surface, and replace media with like material meeting the
design specifications.
• Replace any filter fabric that has become dogged_
As needed
• Ensure that contributing area, fact lrty, inlets and outets are clear of debts.
- 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 1').
- Ensure that activities in the drainage area minimize oillgrease and sediment
entry to the system.
- If pennaneM water level is present in pre-treatment chamber (e.g., perimeter
sand filter), ensure that the chamber does not leak, and normal pool level is
C�tair
Monthly
• Check o see that the filter bed is clean of sediment and the sediment chamber
is not mare than 6 inches of sediment_ Remove sediment as necessary_
- Make sure that there is no evidence of deterioration, spalling or cracking of
concrete.
• Inspect grates (perimeter sand fitter).
- 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.
• Ensure that no noticeable odors are detected outside the facility
Annually
• Remove and replace the top 25 inches of media every 3 to 5 years for low
sediment applications, more often for areas of high sediment yield or high oil
and grease.
3 to 5 years
SAFL Baffles and Sump Manhole Structures:
Inspection and maintenance shall be consistent with the most recent version of the Minnesota
Stormwater Manual or other subsequent manual dictated by the City. At the time of execution of
this Agreement, at a minimum structures and SAFL baffles should be fully cleaned once a year
or before one foot of sediment accumulates in the sump, whichever is more restrictive.
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488645v6 ME230-640
EXHIBIT D TO
DEVELOPMENT AGREEMENT
FORM OF
UPLAND BUFFER EASEMENT AGREEMENT
This Upland Buffer Easement Agreement (the "Agreement") is made this day of
, 2016 by and between the city of Medina, a Minnesota municipal corporation (the
"City"), and Medina MP, 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 rezoning, plat and 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
`Basement Area").
D. In accordance with the Development Agreement, the City Approvals and the City's
wetland preservation ordinance, the City has requested that Grantor grant to the City a
conservation easement (the "Upland Buffer Easement") over the Easement Area. The
Easement Area is depicted on Exhibit C attached hereto.
E. Grantor is willing to grant the Upland Buffer Easement and to fulfill the other terms of
this Agreement.
PROVISIONS
In consideration of the mutual promises of the parties contained herein, the parties agree
as follows:
1. Grantor hereby grants and conveys to the City and its successors and assigns, an Upland
Buffer Easement in, under, on, over and across the Easement Area, and the City hereby
accepts such grant. The duration of this easement is perpetual, subject to Minnesota law
governing granting of easements to governmental bodies, and shall bind and inure to the
benefit of the parties, their successors and assigns.
2. The following terms and conditions shall apply to the Easement Area:
488645v6 ME230-640
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a. The Easement Area shall be planted with native grasses and other vegetation
consistent with the landscaping plan approved by the City in connection with the
City Approvals and thereafter 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
488645v6 ME230-640
D-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 planted or more natural condition; to enjoin such non-
compliance by temporary or permanent injunction and to recover any damages
arising from such non-compliance. If a court determines that the Grantor has
failed to comply with this Agreement, Grantor or Grantor's successors or assigns
shall reimburse the City for any reasonable costs of enforcement, including costs
of restoration, court costs and reasonable attorneys' fees, in addition to any other
payments ordered by the court.
5. Grantor hereby grants and conveys to the City a perpetual flowage easement and right
and privilege to trespass with water over and upon any or all of the Easement Area.
6. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind
related to ownership, operation and maintenance of the Property and the Easement Area.
7. Grantor agrees to indemnify, defend and hold harmless the City, its officials, employees
and agents, against any and all loss, costs, damage and expense, including reasonable
attorneys' fees and costs that the City incurs because of the breach of any of the above
covenants and/or resulting from or due to Grantor's intentional misrepresentation of any
material fact contained therein. The Grantor and the City agree that each shall be
responsible for their own acts and the results of such acts and shall not be responsible for
the act of the other party and the results of such acts.
8. This Agreement may be amended only by mutual written agreement of the parties.
9. Nothing herein shall give the general public a right of access to the Property.
10. Grantor's rights and obligations under this Agreement terminate upon transfer or
termination of its interest in the Property, provided that any liability for acts or omissions
occurring prior to the transfer or termination shall survive that transfer or termination.
Nothing in this Paragraph 10 is deemed to alter or amend the remaining terms of the
Agreement in the event of a transfer of interest.
11. Any notice required in this Agreement shall be delivered personally or sent by U.S.
certified mail, return receipt requested:
a) as to Developer: Medina MP, LLC
488645v6 ME230-640
D-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.
************************
488645v6 ME230-640
D-4
IN WITNESS WHEREOF, the parties to this Upland Buffer Easement Agreement have
caused these presents to be executed as of the day and year aforesaid.
STATE OF MINNESOTA
COUNTY OF
By:
Its:
MEDINA MP, LLC
The foregoing instrument was acknowledged before me this day of ,
2016, by , the . of Medina MP, LLC, a Minnesota limited
liability company, on behalf of the limited liability company.
Notary Public
488645v6 ME230-640
D-5
By:
By:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY OF MEDINA
Bob Mitchell, Mayor
Scott T. Johnson, City Administrator
The foregoing instrument was acknowledged before me this day of , 2016, by
Bob Mitchell and Scott T. Johnson, the mayor and city administrator, respectively, of the city of
Medina, a Minnesota municipal corporation, on behalf of the municipal corporation.
This document drafted by:
City of Medina
2052 County Road 24
Medina, MN 55340
Notary Public
488645v6 ME230-640
D-6
EXHIBIT A TO
UPLAND BUFFER EASEMENT AGREEMENT
Legal Description of the Property
Lot 1, Block 1, Loram First Addition, Hennepin County, Minnesota
488645v6 ME230-640
D-A-1
EXHIBIT B TO
UPLAND BUFFER EASEMENT AGREEMENT
Legal Description of the Wetland Buffer Easement Area
Easement 1
An easement for upland buffer purposes over, under and across the following described property:
That part of the West Half of the Southwest Quarter of Section 11, Township 118, Range
23, described as beginning at the Northwest corner of said Southwest Quarter; thence
Southerly along the West line of said Southwest Quarter a distance of 386.41 feet; thence
Easterly parallel with the North line of said Southwest Quarter a distance of 368 feet;
thence Southerly parallel with said West line to the center line of Hamel Road; thence
Easterly along said center line to the intersection with the West line of the East 602 feet
of said West Half of the Southwest Quarter; thence Northerly along said West line of the
East 602 feet to said North line of the Southwest Quarter; thence Westerly along said
North line to the point of beginning.
Together with:
That part of the Southwest 1/4 of Section 11, Township 118 North, Range 23 West of the
5th Principal Meridian, described as follows: Commencing at a point on the West line of
said Southwest 1/4 distant 386.41 feet South of the Northwest corner thereof, which point
is the point of beginning of the tract of land to be described; thence East, parallel to the
North line of said Southwest 1/4, a distance of 368 feet; thence South, parallel to the
West line of said Southwest 1/4, to the center line of the County Road No. 9 (Hamel
Road); thence Southwesterly, along the center line of said County Road, to a point on the
West line of said Section 11 distant 434.65 feet South from the point of beginning; thence
North, a distance of 434.65 feet, to the point of beginning, except the Southerly 33 feet
and the Westerly 33 feet thereof, according to the United States Government Survey
thereof and situate in Hennepin County, Minnesota.
Said easement is described as follows:
Commencing at the Northwest corner of the Southwest Quarter of said Section 11; thence
Southerly, along the Westerly line of said Southwest Quarter a distance of 202.61 feet to the
point of beginning of said easement; thence North 81 degrees 11 minutes 05 seconds East a
distance of 61.93 feet; thence South 70 degrees 02 minutes 52 seconds East a distance of 118.80
feet; thence South 23 degrees 07 minutes 22 seconds East a distance of 55.15 feet; thence South
63 degrees 15 minutes 15 seconds East a distance of 123.05 feet; thence South 70 degrees 49
minutes 23 seconds East a distance of 84.53 feet; thence South 46 degrees 24 minutes 02 seconds
East a distance of 48.12 feet; thence South 22 degrees 42 minutes 44 seconds East a distance of
82.17 feet; thence North 87 degrees 38 minutes 39 seconds East a distance of 137.25 feet; thence
North 43 degrees 49 minutes 09 seconds East a distance of 57.00 feet; thence North 31 degrees
488645v6 ME230-640
D-B-1
22 minutes 17 seconds East a distance of 70.86 feet; thence North 51 degrees 56 minutes 15
seconds East a distance of 42.51 feet; thence North 69 degrees 26 minutes 31 seconds East a
distance of 32.00 feet to the West line of the East 602 feet of the West 1/2 of the Southwest 1/4
of said Section 11; thence southerly 280.19 feet along said line; thence South 86 degrees 07
minutes 44 seconds West a distance of 38.20 feet; thence South 75 degrees 08 minutes 12
seconds West a distance of 61.36 feet; thence North 41 degrees 24 minutes 37 seconds West a
distance of 34.41 feet; thence North 69 degrees 06 minutes 19 seconds West a distance of 23.61
feet; thence North 86 degrees 10 minutes 25 seconds West a distance of 80.23 feet; thence South
47 degrees 18 minutes 48 seconds West a distance of 25.70 feet; thence South 63 degrees 29
minutes 08 seconds West a distance of 45.26 feet; thence North 59 degrees 28 minutes 21
seconds West a distance of 56.04 feet; thence North 02 degrees 36 minutes 49 seconds East a
distance of 61.57 feet; thence North 17 degrees 26 minutes 40 seconds West a distance of 83.30
feet; thence North 52 degrees 49 minutes 47 seconds West a distance of 84.68 feet; thence North
67 degrees 20 minutes 09 seconds West a distance of 174.68 feet; thence South 39 degrees 06
minutes 46 seconds West a distance of 48.00 feet; thence South 62 degrees 20 minutes 04
seconds West a distance of 41.01 feet; thence South 48 degrees 52 minutes 13 seconds West a
distance of 27.02 feet; thence South 28 degrees 09 minutes 17 seconds West a distance of 55.23
feet to the East line of the above mentioned exception; thence Northerly, along said line, a
distance of 76.67 feet; thence Westerly along said property line a distance of 33.00 feet to the
West line of the Southwest Quarter of said Section 11; thence northerly along said line a distance
of 183.80 feet to the point of beginning and there terminating.
Easement 2
An easement for upland buffer purposes over, under and across the following described property:
That part of the Southwest Quarter of the Northwest Quarter of Section 11, Township
118, Range 23, lying West of the West line of the East 602 feet of said Southwest Quarter
of the Northwest Quarter, which lies South of a line drawn Easterly parallel with the
North line of said Southwest Quarter of the Northwest Quarter, from a point on the West
line of said Southwest Quarter of the Northwest Quarter distant 528 feet Southerly from
the Northwest corner of said Southwest Quarter of the Northwest Quarter.
Said easement is described as follows:
Commencing at the Northwest corner of the above described property; thence Southerly,
along the Westerly line of said property, also being the West line of the Southwest
Quarter of the Northwest Quarter of said Section 11, a distance of 444.29 feet; thence
North 90 degrees 00 minutes 00 seconds East a distance of 264.08 feet, to the point of
beginning of said easement; thence North 16 degrees 32 minutes 22 seconds East a
distance of 26.06 feet; thence North 41 degrees 27 minutes 19 seconds East a distance of
66.46 feet; thence South 86 degrees 28 minutes 46 seconds East a distance of 104.73 feet;
thence South 69 degrees 02 minutes 20 seconds East a distance of 73.32 feet; thence
South 39 degrees 36 minutes 01 seconds East a distance of 80.74 feet; thence South 32
degrees 01 minutes 49 seconds West a distance of 69.05 feet; thence South 58 degrees 51
minutes 44 seconds West a distance of 76.75 feet; thence South 75 degrees 08 minutes 29
488645v6 ME230-640
D-B-2
seconds West a distance of 66.48 feet; thence North 62 degrees 41 minutes 30 seconds
West a distance of 45.03 feet; thence North 54 degrees 51 minutes 02 seconds West a
distance of 36.25 feet; thence North 34 degrees 18 minutes 52 seconds West a distance of
29.05 feet; thence North 18 degrees 26 minutes 38 seconds West a distance of 73.61 feet
to the point of beginning and there terminating.
488645v6 ME230-640
D-B-3
EXHIBIT C TO
UPLAND BUFFER EASEMENT AGREEMENT
Depiction of the Wetland Buffer Easement Area
[to be completed]
488645v6 ME230-640
D-C-1
!decline Auto Motor ploy
Summary of Construction
Activities, proierted Schedule.
atl CategonesJDescreptron
of Site Improvements over
the develo pment period of
2017 to 2023.
Prepared for Bruno 5ilikawsd
Nave mber 30, 2016
. EPS f,g
EXHIBIT E TO
DEVELOPMENT AGREEMENT
Improvements Cost Estimate for Letter of Credit
Phase I - 2017: Buildings 2 and 5._ north area of Site indud'mg die northerly entry off of Arrowhead Drive_ All public infrastructure irduding son in..acer pond/wetland complex;
sanitary sewer and ....main will be emended to the site Water oil l be looped partially anaud the site_ Partial sde grading will be completed to the sub -Lase struaun
except in the area of the Building commotion. Sanitary sewer& watemrain hookups will be oarawctetl for BoOdmgs 2 and S. Additionally, pavement&corls oil I be completed
for this ar. of site, mduding the parking lot fir Are retail area. lands ping adjacent to Anwyhead Drixe near Bpi! goading Inland 05 will be completed
Phase 2- Zo38: Buildings 1, 3 and 4... north area of 6"ere including the remainder of pond/wetland complex construction. Remainder of watersystem will be looped around the sim.
Site grating will be completed to the sub -base structure through the south edge of the stormwater pond. The street around the pond cmnpre. xwill be completed
Sanitary sewer & watermahu hookups will be constructed for Buildings 1, 3and 4. Pavement&etrb be competed for the remainder of the north end of the site.
landsrapmg on north end of site adjacent to Arrowhead Dore in the area of Retail Euildxg 44 and f15 ydll be competed.
Phase 3- 2019- rh Buildings 6, ], and EL. central area. W site intludng sot/Marto entry off of Arrowhead Wive. Completion of suds -base and pevemenOcurb
candruchon. Private sanitary sewerfvstennein vnll be ems...ea Lands.ping for the remaining frontage on Arrowhead Drive will be conpletetl. The Bicycle
Tail will be constructed an Are MmorPlex site and north to the loran parking lot southerly entrance. Fencing and Seat, Gams will be completed for the southeMy entry
Phase 4-2021-23: Buirdings 9, 10,11, &12.. sorts area of site and remainder of site imp wemerna'mdudirg pri.tesaNmry sewxjwatemsainfpavementjctahs and landsceping.
Hotel: This sdsedu:e is projected th 2016 [rased upon the template of the Chanhassen development If market conditions are better than etpected, this stlledule may be etpedited.
Natea Bulldog construction activities are not included in this estimate of cent See Me plan for Building number dendihce0on.
Motel: This Is a cost rsd-mare prepared for 201E construction in phase one_ The proem[ is currently being re -bid vmh phase Gem immuring in 21917. Thy new
estimates will be forwarded to the City after they are reviewed by the flevarnom
Development Agreement LOC Calculation - AutoMatorPlex - December 32.201E
Site Improvement Cemgones
rradBle Perknria
Mohlization
Site Grading
Subbase Correction
Structural NII
Tip sa Reparation
Erasion Contra!
Stormwater Construction
Construct stonnwater ponds
Restore wetland acreage
Placement of stonnwater pipes
Stunnernter manholes
Stamwaar aprons
Rock wrap placement
Cads basin construction
Sanitary Sewe-Construction
Extend Trunk San Sewerto S.
Manhole placement
Extend lateral sanimry sewers
Service line p.acernent
Watenrain Construction
Extend 12' W'atema'rn to Site
8" Waterman 'nap around site
Extend water nss
Valves and Tees
P3mr.1ent of hydra.
P.ernertt&Concrete Curbs
Grating &Subbase, Class V
Concrete Curb&Gutter
Concrete y Gutters
Riwrninom Pavement for Fire tang
Bituminous Pavement for Sheers
Biovde Trail
Gating &Subbase, Class V
Bituminous Parement
Landscaping
Deciduous Trees
Coniferous Evergreens
Shrub dusters
Miscellaneous Sod Wee
Miscellaneous Seed Areas
Fend, & Vim. planting
Security Gates
Taal Construction Cans
Phew)
Public
Infrastructure
puanbty
55
Con Est
Phase
Grating&
Private
Infrastructure
Qteandty
5$
Cost Est
that Pdce
Based On
Tye./ Bid
Cnits
Total
Included
4YM
IOC
Costs
IS
$ 10,1200
LS
$ 15,000
$10,000
$10,000
16000cy
$ 1E0,000
5,030ry
$ 50,000
10,000 cy
$ 12_5,000
7,000ry
5 32,060
54
523,0Ba
IS
5 5000
IS
5 6,000
5 25060
525,000
2 ea
$ 100.00c
$.50.000
$50.$00
20 as
$ 50030
$25,000
$50,000
3,000R
$ 60,000
$35
$1o5,000
4ea
$ 8,000
53,1100
$12,000
Sea
$ 16,000
$1,.500
$12,MC
Ito Cy
$ 4060
$60
54,800
E ea
$ 16,0CC
$2,000
$15,000
1,3501f
$ 40$00.
-
-
$60
581,000
Sea
$ 15,000
3ea
$ 9,000
$5,000
$e5,000
306If
$ 4,50E
2 ea
$ 5,000
1,8000
$ 36060
-
-
560
$tosmo
1,4000
5 11,200
tea
$ 2,000
15 ea
5 3.000
51,500
$10,5W
14 ea
5 21;000
53,500
524,500
1060ry
$ 10.000
$10
510,000
806If
$ 9,600
$12
59,600
3000
$ 3,000
$10
53,000
2000ry
5 20,13013
-
-
535
$70,030
3,000 sy
5 30,000
_
_
310
520,000
525
537,500
20.ee
$ 6000
20.
$ 12.000
41.
5 6000
600 sy
5 1,SCC
1,000 of
$ 1,500
5 126,500
5 77-0.300
$711,900
IOC Ca culabon - Phase 1
TOTAL $711,900
PLUSH% $355,950
TOTAL IOC Required $1,067,850
LOC CA CLEM-10H
Noes. Calculations based on maximum exposure
and excludes nos. shown Move
E-1
488645v6 ME230-640
EXHIBIT F TO
DEVELOPMENT AGREEMENT
FORM OF
TRAIL EASEMENT
THIS INSTRUMENT is made by Loram Maintenance of Way, Inc., a Minnesota
corporation, Grantor, in favor of the city of Medina, a Minnesota municipal corporation, Grantee.
Recitals
A. Grantor is the fee owner of the property located in Hennepin County, Minnesota (the
"Property").
B. Grantor desires to grant to the Grantee a trail easement, according to the terms and
conditions contained herein.
C. The Property and the easement are legally described in Exhibit A attached hereto.
Terms of Easements
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
easement for trail purposes over, under, across and through the portion of the Property legally
described in Exhibit A attached hereto.
2. Scope of Easement. The perpetual easement for trail purposes granted herein includes
the right of the Grantee, its contractors, agents, and employees to locate, construct, operate,
maintain, alter and repair trail facilities within the described easement area. The easement
granted herein also includes the right to cut, trim, or remove from the easement areas trees,
shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the
easement or facilities of the Grantee, its successors or assigns.
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 heirs and assigns.
F-1
488645v6 ME230-640
STATE DEED TAX DUE HEREON: NONE
Dated this day of , 2016.
STATE OF
COUNTY OF
) ss.
LORAM MAINTENANCE OF WAY, INC.
By:
Its:
The foregoing instrument was acknowledged before me this day of ,
2016, by , the of Loram Maintenance of Way, Inc., a
Minnesota corporation, on behalf of the corporation, Grantor.
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
Notary Public
F-2
488645v6 ME230-640
EXHIBIT A TO
TRAIL EASEMENT
Legal Description
The Property and the trail easement are legally described as follows:
An easement for trail purposes over and across the easterly 10.00 feet of the westerly 50.00 feet
of the following described property:
That part of the Southwest Quarter of the Northwest Quarter of Section 11, Township
118, Range 23, lying West of the West line of the East 602 feet of said Southwest Quarter
of the Northwest Quarter, which lies South of a line drawn Easterly parallel with the
North line of said Southwest Quarter of the Northwest Quarter, from a point on the West
line of said Southwest Quarter of the Northwest Quarter distant 528 feet Southerly from
the Northwest corner of said Southwest Quarter of the Northwest Quarter.
Together with:
That part of the West Half of the Southwest Quarter of Section 11, Township 118, Range
23, described as beginning at the Northwest corner of said Southwest Quarter; thence
Southerly along the West line of said Southwest Quarter a distance of 386.41 feet; thence
Easterly parallel with the North line of said Southwest Quarter a distance of 368 feet;
thence Southerly parallel with said West line to the center line of Hamel Road; thence
Easterly along said center line to the intersection with the West line of the East 602 feet
of said West Half of the Southwest Quarter; thence Northerly along said West line of the
East 602 feet to said North line of the Southwest Quarter; thence Westerly along said
North line to the point of beginning
Together with an easement for trail purposes over and across the westerly 10.00 feet of the
following described property:
That part of the Southwest 1/4 of Section 11, Township 118 North, Range 23 West of the
5th Principal Meridian, described as follows: Commencing at a point on the West line of
said Southwest 1/4 distant 386.41 feet South of the Northwest corner thereof, which point
is the point of beginning of the tract of land to be described; thence East, parallel to the
North line of said Southwest 1/4, a distance of 368 feet; thence South, parallel to the
West line of said Southwest 1/4, to the center line of the County Road No. 9 (Hamel
Road); thence Southwesterly, along the center line of said County Road, to a point on the
West line of said Section l ldistant 434.65 feet South from the point of beginning; thence
North, a distance of 434.65 feet, to the point of beginning, except the Southerly 33 feet
and the Westerly 33 feet thereof, according to the United States Government Survey
thereof and situate in Hennepin County, Minnesota.
F-A-1
488645v6 ME230-640
Agenda Item # 51
Member
introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING THE
ADVERTISEMENT FOR BIDS
WHEREAS, the city engineer has prepared plans and specifications for the proposed
2017 Water Tower Rehabilitation Project. The improvements to the water tower located on
Willow Drive include repainting of the interior and exterior of the structure. The plans and
specifications have been presented to the council for approval;
NOW, THEREFORE, BE IT RESOLVED, by the city council of the city of Medina, as
follows:
1. Such plans and specifications, a copy of which is attached hereto and made a part
hereof, are hereby approved.
2. The city clerk shall direct the city engineer to insert in the official paper an
advertisement for bids upon the making of such improvement under such approved plans and
specifications. The advertisements shall be published for 21 days, shall specify the work to be
done, shall state that the bids will be received by the clerk until 10:00 a.m. on Thursday January
19, 2017, at which time they will be publically opened in the council chambers of the city hall by
the city staff and engineer, will then be tabulated, and will be considered by the council at 7:00
p.m. on February 7, 2017, in the council chambers of the city hall. Any bidder whose
responsibility is questioned during the consideration of the bid will be given an opportunity to
address the council on the issue of responsibility. No bids will be considered unless sealed and
filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified
check payable to the administrator for 5 percent of the amount of such bid.
Dated: December 20, 2016.
Bob Mitchell, Mayor
Attest:
Jodi M. Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon a vote being taken thereon, the following voted in favor thereof:
Resolution No.
December 20, 2016
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2
December 20, 2016
ADVERTISEMENT FOR BIDS
WATER TOWER REHABILITATION
FOR THE CITY OF MEDINA
HENNEPIN COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Medina at the office of the
City Administrator until 10:00 a.m. CDT, Thursday, January 19, 2017, at the City Hall located at 2052
County Road 24, Medina, Minnesota and will be publicly opened and read aloud at said time and place by
representatives of the City of Medina. Bids arriving after the designated time will be returned unopened.
Said proposals for the furnishing of all labor and materials for the construction, complete in -place, of the
following:
• Rehabilitation of existing 400,000 gallon single pedestal spheroid water tower
• Complete sandblasting and recoating of the interior wet and dry
• Power washing and top coating of exterior
• Miscellaneous structural repairs
The provisions of Minn. Stat. 16C.285 Responsible Contractor are imposed as a requirement of this
contract. All bidders and persons or companies providing a response/submission to the Advertisement for
Bids of the City shall comply with the provisions of the statute.
The bids must be submitted on the Proposal Forms provided in accordance with the Contract Documents,
Plans, and Specifications as prepared by WSB & Associates, Inc., 477 Temperance Street, St. Paul, MN
55101, which are on file with the City Administrator of Medina and may be seen at the office of the
Consulting Engineers or at the office of the City Administrator.
Complete digital Proposal Forms, Plans, and Specifications for use by Contractors submitting a bid are
available at www.questcdn.com. You may download the digital plan documents for a nonrefundable fee of
$50.00 by inputting Quest project #4726571 on the website's Project Search page. Please contact
QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration,
downloading, and working with this digital project information.
An optional paper set of Proposal Forms, Plans, and Specifications may be obtained from the Consulting
Engineers, WSB & Associates, Inc., 477 Temperance Street, St. Paul, MN 55101, for a nonrefundable fee
of $75.00 per set, check payable to WSB & Associates, Inc.
Bids will only be accepted from Contractors who purchase digital or paper Bidding Documents as specified
above.
Bids shall be accompanied by a cashier's check, bidder's bond, or certified check payable to the City of
Medina, for not less than five (5) percent of the amount of such bid, which shall be forfeited to the City of
Medina, in the event that the bidder fails to enter into a contract. Bidder's bond must include certified copy
of the power of attorney. For bonding purposes, the bid shall be the total of Base Bid items and
Alternative Bid items for completed construction, as indicated on the Bid form.
No bids will be considered unless sealed and filed with the City of Medina, together with the bid security, in
an opaque envelope which shall be plainly marked with the project title and the name and address of the
Bidder. If a bid is to be mailed to the City of Medina, the bid envelope should be sealed in a regular
mailing envelope.
Bid security of the three lowest Bidders will be retained until the contract has been awarded and executed,
but not longer than sixty (60) days from the date of opening bids. City of Medina reserves the right to
reject any and all bids and to waive any informalities or irregularities. No Bidder may withdraw their bid for
a period of sixty (60) days after the bid opening.
WATER TOWER REHABILITATION
CITY OF MEDINA, MN
WSB PROJECT NO. 3482-000
AFB
PAGE 1
DATED: November 14, 2016 BY ORDER OF THE CITY COUNCIL
s/s Scott Johnson
City Administrator
City of Medina, MN
PUBLISHED IN THE: Crow River News December 29, 2016 and January 5, 2017
WATER TOWER REHABILITATION
CITY OF MEDINA, MN
WSB PROJECT NO. 3482-000
AFB
PAGE 2
Agenda Item # 8A
MEMORANDUM
TO: Mayor Mitchell and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson
DATE: December 14, 2016
MEETING: December 20, 2016 City Council
SUBJ: AutoMotorPlex Storm Sewer Improvement Tax District (Public Hearing)
Background
The City's practice is to require that owners' associations maintain stormwater improvements
within developments. This is formalized through an agreement that is recorded against each
property. The City has drafted such an agreement for AutoMotorPlex and it is attached to the
development agreement.
Additionally, the City's practice is to establish Storm Sewer Improvement Taxing District over
development sites as a "back-up plan" if the owner's association does not maintain stormwater
improvements. The City has taken this step in all recent residential subdivisions.
Prior to considering the establishment of such a district, the City Council is required to hold a
Public Hearing. Notice of this public hearing was published for the December 20, 2016 meeting.
Staff Recommendation
Following the Public Hearing, staff recommends that the City Council take the following actions:
1. Motion to adopt the ordinance establishing the AutoMotorPlex of Medina storm sewer
improvement tax district.
2. Motion to adopt the resolution authorizing publication of the ordinance by title and
summary
Attachment
1. Ordinance establishing AutoMotorPlex of Medina Storm Sewer Improvement Tax
District
2. Resolution authorizing publication by title and summary
AutoMotorPlex of Medina
Page 1 of 1 December 20, 2016
Storm Sewer Improvement Tax District City Council Meeting
CITY OF MEDINA
ORDINANCE NO. ###
AN ORDINANCE ESTABLISHING THE AUTOMOTORPLEX OF MEDINA
STORM SEWER IMPROVEMENT TAX DISTRICT
THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS AS
FOLLOWS:
Section I. Background: Findings.
1.01. The City is authorized by Minnesota Statutes, Sections 444.16 — 444.21 (the "Act") to
establish a storm sewer improvement tax district in connection with the AutoMotorPlex of Medina
(the "District") to acquire, construct, reconstruct, extend, maintain and otherwise improve storm
sewer systems and related facilities within the District and to acquire, construct, maintain and
improve stormwater holding areas and ponds outside of the District which are for the benefit of the
District in accordance with the Act and to levy a tax on all taxable property within the District to
finance such activities.
1.02. It is found and determined that it is in the best interests of Medina and its storm water
management program that the District be established. The District shall be comprised of the land
legally described in Exhibit A, attached hereto.
Section II. Establishment: Authorizations.
2.01. The AutoMotorPlex of Medina Storm Sewer Improvement Tax District is hereby
established. The City shall have all powers and authority conferred by the Act in the operation and
financing of the activities of the District.
2.02. The boundaries of the District include all property described in Exhibit A, attached
hereto and are depicted in the map on Exhibit B, attached hereto.
2.03. The City Clerk is authorized and directed to file a certified copy of this ordinance with
the Auditor, Recorder, and Registrar of Titles of Hennepin County.
Section III. This ordinance shall become effective upon its adoption and publication and the
recording of the plat of Loram First Addition in Hennepin County.
Ordinance No. ### 1
December 20, 2016
Adopted by the City Council of the City of Medina this day of , 2016.
Attest:
Jodi M. Gallup, City Clerk
Bob Mitchell, Mayor
Published in the Crow River News on this day of , 2016.
Ordinance No. ### 2
December 20, 2016
EXHIBIT A
Legal Description of property contained within boundaries of
AutoMotorPlex of Medina Storm Sewer Improvement Tax District
Lot 1, Block 1, Loram First Addition, Hennepin County, Minnesota;
Ordinance No. ### A-1
December 20, 2016
EXHIBIT B
Map of AutoMotorPlex Storm Sewer Improvement Tax District
Location of AutoMotorPlex of Medina Storm Sewer Improvement Tax District
C
a
a
HAMEL RD
47E8 RANCH pR
1
Ordinance No. ###
December 20, 2016
LOST HORSE RI
21
KATRINKA RD
PAWNEE RE
CHIPPEWA R
BLACKFOOT TRL
B-1
HACKAMORE RD
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2016-##
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. ### BY TITLE AND SUMMARY
WHEREAS, the city council of the city of Medina has adopted Ordinance No. ###, an
ordinance establishing the AutoMotorPlex of Medina Storm Sewer Improvement Tax District; and
WHEREAS, Minnesota Statutes § 412.191, subdivision 4 allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the ordinance is four pages in length and contains a map; and
WHEREAS, the city council believes that the following summary would clearly inform the
public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that
the city clerk shall cause the following summary of Ordinance No. ### to be published in the
official newspaper in lieu of the ordinance in its entirety:
Public Notice
The city council of the city of Medina has adopted Ordinance No. ###, an ordinance
establishing the AutoMotorPlex of Medina Storm Sewer Improvement Tax District. This district
will apply to property within the AutoMotorPlex development and would allow the City to acquire,
construct, reconstruct, extend, maintain, and improve stormwater facilities within the property if the
owners' association fails to do so and to levy such costs against the property.
The full text of Ordinance No. ### is available from the city clerk at Medina city hall during regular
business hours.
BE IT FURTHER RESOLVED by the city council of the city of Medina that the city
clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a
full copy of the ordinance in a public place within the city.
Resolution No. 2016-##
December 20, 2016
Dated: December 20, 2016.
Bob Mitchell, Mayor
ATTEST:
Jodi Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2016-## 2
December 20, 2016
Agenda Item # 9A
NORTHWEST ASSOCIATED CONSULTANTS. INC.
4150 Olson IVIcH orial High.dy, ate. 320, Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
PLANNING MEMO
TO: Medina City Council
FROM: Nate Sparks
DATE: December 13, 2016
RE: Medina — Capital Knoll Final Plat
CITY FILE: LF-16-190
Application Date: November 7, 2016
Review Deadline: January 6, 2017
BACKGROUND
Princeton Capital LLC has made an application for a final plat at 1575 Hamel Road. The site is located on the
south side of Hamel Road east of Arrowhead Drive and on the north side of Blackfoot Trail. The subject site
is approximately 29 acres in size and is currently utilized for agricultural purposes. The property is zoned and
guided as Rural Residential. The plat proposes to divide the property into three lots. The preliminary plat was
approved on November 5, 2014. The applicant received an extension to file the final plat.
PROPOSED FINAL PLAT
The applicant received preliminary plat approval to divide the 29 acre subject site into three parcels. The
property is zoned Rural Residential which allows for parcels 300 feet wide and 200 feet deep with a minimum
of 5 acres of contiguous suitable soils.
Parcel
Width (feet)
Depth (feet)
Gross Area
Suitable Soils
Lot 1
300
1263
9 acres
7.68 acres
Lot 2
360
1380
10 acres
5.02 acres
Lot 3
631
656
9.5 acres
5.95 acres
RR District
300
200
-
5 acres
As shown in the table above, the parcels generally conform to Rural Residential District Standards. The RR
District also has setback requirements of 50 feet for front, side, and rear yards. All parcels have adequate
space to accommodate conforming structures.
FINAL PLAT REVIEW
The purpose of a final plat review is to ensure that the final plat is consistent with the approved preliminary
plat and to ensure that all the conditions of approval are met. Generally, the parcels and easements are
consistent with the preliminary plat and preliminary plat approval. There were conditions of approval that
were addressed in the following manner:
Upland Buffer Easements
An Upland Buffer conservation easement and planting plans is required to be provided around the wetlands
consistent with City regulations. The applicant has provided the easement legal descriptions for this purpose.
Prior to the recording of the final plat the easement agreements will need to be executed. A copy of this
easement agreement is attached for Council approval.
Shared Driveway Agreement
Lots 1 and 2 shall maintain a shared driveway access and meet all requirements and standards of the City Code
and Hennepin County. The applicant must provide the private easements and agreements related to the shared
driveway to the City for review and approval.
Park Dedication
The property owner is required to pay a park dedication cash -in -lieu fee of $16,000.
Right -of -Way Dedication
Hennepin County requested an additional 20 feet of right-of-way for Hamel Road. The applicant has provided
the additional right-of-way on the final plat. The additional right-of-way reduced the contiguous suitable soils
on Lot 1 by about .14 acres, which is still conforming as it is over 7 acres.
RECOMMENDED ACTION
Subject to the conditions noted on the attached resolution, staff believes the final plat is consistent with the
preliminary plat and relevant requirements of City Code. Staff recommends the following actions:
1. Motion to adopt the resolution granting final plat approval for Capital Knoll
2. Motion to approve the upland buffer easement agreement
Attached:
1. DRAFT Resolution Granting Final Plat approval for Capital Knoll
2. Upland Buffer Easement Agreement
3. Copy of Resolution 2014-78 , granting preliminary approval (for reference)
4. Plat of Capital Knoll
cc: Dusty Finke
Ron Batty
2
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2016-
RESOLUTION GRANTING FINAL PLAT APPROVAL FOR
CAPITAL KNOLL
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Princeton Capital LLC (the "Owner") is the fee owner of property located
at 1575 Hamel Rd (the "Property"), which is legally described as:
That part of the West Half of the Southwest Quarter of Section 11, Township 118, Range 23,
lying East of the East line of the West 689.00 feet of said West Half of the Southwest Quarter,
which lies South of the centerline of Hamel Road, Hennepin County, Minnesota.
WHEREAS, on November 4, 2014, the City granted approval for a preliminary plat to
allow for the future platting of the Property into three parcels consistent with the standards of the
Rural Residential (RR) zoning district; and
WHEREAS, the Owner was granted extensions to the filing of the final plat application
by the City Council; and
WHEREAS, the City Council reviewed the proposed final plat at the December 20, 2016
meeting; and
WHEREAS, the City Council has found that, subject to the terms and conditions
contained herein, the plat is substantially consistent with the approved preliminary plat and the
requirements of the City's subdivision regulations.
NOW, THEREFORE BE IT RESOLVED, by the City Council of Medina, Minnesota
that final approval is hereby granted for the plat of Capital Knoll, subject to the following terms
and conditions:
1. The Owner acknowledges that construction of any future animal structure will be subject
to relevant setback requirements. Current City regulations require an animal structure to
be set back a minimum of 150 feet from all property lines. The Owner acknowledges that
the proposed width and shape of Lots 1 and 2 are within their control and any hardship
for the location of animal structure has been created by the Owner.
2. The Owner shall enter into an Upland Buffer easement agreement, as drafted by the City,
and provide any required securities related to the Upland Buffer planting plan.
Resolution No. 2016-
December 20, 2016
3. The Owner shall meet the requirements of the City Attorney with regards to title issues
and recording procedures.
4. Lots 1 and 2 shall maintain a shared driveway access and meet all requirements and
standards of the City Code and Hennepin County. The private easements and agreements
related to the shared driveway shall be provided to the City for review and approval.
5. The Owner shall pay a park dedication cash -in -lieu fee of $16,000 prior to release of the
plat by the City.
6. The Owner shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the final plat and other relevant documents.
7. This final plat shall be recorded within 120 days of the date of this resolution or this
approval shall be considered void, unless a written request for a time extension is
submitted by the Owner within said 120 days and approved by the City Council for good
cause.
Dated: December 20, 2016.
By:
Bob Mitchell, Mayor
Attest:
By:
Jodi M. Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member and
upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2016-
December 20, 2016
UPLAND BUFFER EASEMENT AGREEMENT
This Upland Buffer Easement Agreement (the "Agreement") is made this day of
, 2016 by and between the city of Medina, a Minnesota municipal corporation (the
"City"), and Princeton Capital, 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. The City has granted approval of a plat subdividing the Property into three lots (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.
C. The location of Upland Buffers are legally described in Exhibit B, attached hereto (the
"Easement Area").
D. In accordance with 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 and to fulfill the other 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.
1
2. Planting and Improvement of Upland Buffers. Grantor shall be responsible to plant vegetation,
improve existing vegetation within the upland buffers and install signage identifying the location
of the upland buffers in accordance with the plan ("the Landscape Plan") attached hereto as
Exhibit D.
a. Financial Guarantee. In order to ensure completion of the Landscape Plan required
under this Agreement and satisfaction of all fees due to the City, Grantor agree to
deliver to the City a financial guarantee (the "Financial Guarantee") in the amount of
$ , which represents 150 percent of the estimated cost for the
Landscape Plan. The Financial Guarantee shall be in a form acceptable to the City and
allow the City to draw upon the instrument, in whole or part, in order to complete the
Landscape Plan, to reimburse the City for the cost of inspecting the Property to verify
successful completion of the Landscape Plan, or to pay any fees or costs due to the City
from the Grantor. The City agrees to release the Financial Guarantee upon a
determination by the City that the vegetation described in the Landscape Plan has been
successfully established.
b. Responsibility for Costs. Grantor agree to pay to the City a fee in the amount necessary
to reimburse the City for its costs and expenses in reviewing the Landscape Plan for
conformance with relevant regulations and also for inspecting the Property to verify
successful completion of the Landscape Plan. Grantor agrees to reimburse the City in
full for such costs within 30 days after notice in writing by the City.
3. The following terms and conditions shall apply to the Easement Area:
a. The Easement Area shall be planted with native grasses and other vegetation
consistent with the landscaping plan approved by the City in connection with the
City Approvals and thereafter 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.
2
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.
4. Grantor represents that Grantor owns the Easement Area in fee simple, subject only to the
encumbrances of record.
5. The Grantor conveys to the City and its successors and assigns, the following rights:
a. The City may enter upon the Easement Area for the purposes of inspection and
enforcement of the covenants contained herein and to cause to be removed from
the Easement Area without any liability any structures, uses, materials,
substances, or unnatural matter inconsistent with the covenants contained herein
and the natural state of the Easement Area. The City shall provide notice and an
order for corrective action consistent with City regulations. If the Grantor does
not take the required corrective action, the City may enter the Property in order to
perform the action. In such case, the City shall send an invoice of its reasonable
maintenance costs to the Grantor, which shall include all reasonable staff time,
engineering and legal and other reasonable costs and expenses incurred by the
City. If the Grantor fails to reimburse the City for its costs and expenses within
45 days of receipt of an invoice for such costs, the City shall have the right to
assess the full cost thereof against the Property. The Grantor, on behalf of itself
and its successor and assigns, acknowledges that the corrective work performed
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 planted 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.
6. 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.
7. 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.
8. 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
3
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.
9. This Agreement may be amended only by mutual written agreement of the parties.
10. Nothing herein shall give the general public a right of access to the Property.
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: Princeton Capital, LLC
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.
************************
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.
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
PRINCETON CAPITAL, LLC
The foregoing instrument was acknowledged before me this day of ,
2016, by , the . of Princeton Capital, LLC, a Minnesota
limited liability company, on behalf of the limited liability company.
Notary Public
5
By:
By:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY OF MEDINA
Bob Mitchell, Mayor
Scott T. Johnson, City Administrator
The foregoing instrument was acknowledged before me this day of , 2016, by
Bob Mitchell and Scott T. Johnson, the mayor and city administrator, respectively, of the city of
Medina, a Minnesota municipal corporation, on behalf of the municipal corporation.
This document drafted by:
City of Medina
2052 County Road 24
Medina, MN 55340
Notary Public
6
EXHIBIT A TO
UPLAND BUFFER EASEMENT AGREEMENT
Legal Description of the Property
Lots 1-3, Block 1, Capital Knoll, Hennepin County, Minnesota
EXHIBIT B TO
UPLAND BUFFER EASEMENT AGREEMENT
Legal Description of the Wetland Buffer Easement Areas
EASEMENT A:
A perpetual easement over, under, and across that part of Lot 2, Block 1, CAPITAL KNOLL, Hennepin
County, Minnesota, according to the recorded plat thereof described as follows:
Beginning at the Northeast corner of said Lot 2; thence on an assumed bearing of South 00
degrees 05 minutes 02 seconds East, along the East line of said Lot 2, a distance of 299.20 feet;
thence South 71 degrees 33 minutes 25 seconds West, a distance of 41.37 feet;
thence South 84 degrees 58 minutes 25 seconds West, a distance of 55.71 feet;
thence North 19 degrees 58 minutes 52 seconds West, a distance of 76.49 feet;
thence North 12 degrees 36 minutes 30 seconds East, a distance of 46.63 feet;
thence North 06 degrees 07 minutes 03 seconds West, a distance of 41.41 feet;
thence North 03 degrees 31 minutes 16 seconds West, a distance of 38.62 feet;
thence North 32 degrees 20 minutes 43 seconds West, a distance of 37.04 feet;
thence North 12 degrees 52 minutes 57 seconds West, a distance of 32.99 feet;
to the North line of said Lot 2; thence North 68 degrees 34 minutes 31 seconds East, along said
North line, a distance of 154.93 feet to the point of beginning.
EASEMENT B:
A perpetual easement over, under, and across that part of Lot 2, Block 1, CAPITAL KNOLL, Hennepin
County, Minnesota, according to the recorded plat thereof described as follows:
Commencing at the Northeast corner of said Lot 2; thence on an assumed bearing of South 00
degrees 05 minutes 02 seconds East, along the East line of said Lot 2, a distance of 500.67 feet to
the point of beginning; thence continue South 00 degrees 05 minutes 02 seconds East, along said
East line, a distance of 134.34 feet;
thence North 88 degrees 02 minutes 55 seconds West, a distance of 134.41 feet;
thence North 65 degrees 44 minutes 45 seconds West, a distance of 84.33 feet;
thence North 02 degrees 45 minutes 32 seconds East, a distance of 90.45 feet;
thence North 08 degrees 45 minutes 43 seconds East, a distance of 78.33 feet;
thence North 74 degrees 49 minutes 50 seconds East, a distance of 54.59 feet;
thence South 68 degrees 48 minutes 03 seconds East, a distance of 77.00 feet;
thence South 49 degrees 56 minutes 22 seconds East, a distance of 91.79 feet to the point of
beginning.
EASEMENT C:
A perpetual easement over, under, and across Lots 2 and 3, Block 1, CAPITAL KNOLL, Hennepin
County, Minnesota, according to the recorded plat thereof described as follows:
Beginning at the Northeast corner of said Lot 3; thence on an assumed bearing of South 00
degrees 05 minutes 02 seconds East, along the East line of said Lot 3, a distance of 181.81 feet;
thence North 16 degrees 49 minutes 21 seconds West, a distance of 113.81 feet;
thence North 11 degrees 34 minutes 58 seconds West, a distance of 43.90 feet;
8
thence North 24 degrees 22 minutes 59 seconds West, a distance of 35.31 feet;
thence North 29 degrees 10 minutes 37 seconds West, a distance of 38.03 feet;
thence North 27 degrees 28 minutes 14 seconds West, a distance of 33.13 feet;
thence North 33 degrees 20 minutes 50 seconds West, a distance of 34.33 feet;
thence North 27 degrees 44 minutes 50 seconds West, a distance of 50.86 feet;
thence North 22 degrees 37 minutes 26 seconds West, a distance of 48.18 feet;
thence North 03 degrees 48 minutes 54 seconds East, a distance of 54.75 feet;
thence North 10 degrees 50 minutes 30 seconds East, a distance of 45.91 feet;
thence North 26 degrees 05 minutes 53 seconds East, a distance of 46.25 feet;
thence North 52 degrees 34 minutes 10 seconds East, a distance of 60.48 feet;
thence North 58 degrees 40 minutes 46 seconds East, a distance of 37.82 feet;
thence North 27 degrees 36 minutes 16 seconds East, a distance of 34.87 feet;
thence North 05 degrees 19 minutes 26 seconds East, a distance of 48.54 feet;
thence North 53 degrees 53 minutes 29 seconds East, a distance of 20.63 feet;
to the East line of said Lot 2; thence South 00 degrees 05 minutes 02 seconds East, along the East
line of said Lot 2, a distance of 472.12 feet to the point of beginning.
EASEMENT D:
A perpetual easement over, under, and across Lot 3, Block 1, CAPITAL KNOLL, Hennepin County,
Minnesota, according to the recorded plat thereof described as follows:
Commencing at the Southeast corner of said Lot 3; thence on an assumed bearing of North 00
degrees 05 minutes 02 seconds West, along the East line of said Lot 3, a distance of 267.43 feet to
the point of beginning;
thence South 69 degrees 39 minutes 36 seconds West, a distance of 37.73 feet;
thence South 65 degrees 15 minutes 02 seconds West, a distance of 35.10 feet; thence North 89
degrees 02 minutes 47 seconds West, a distance of 45.30 feet; thence North 82 degrees 58
minutes 49 seconds West, a distance of 42.35 feet; thence North 60 degrees 32 minutes 37
seconds West, a distance of 50.71 feet; thence North 02 degrees 21 minutes 56 seconds East, a
distance of 58.25 feet; thence North 68 degrees 32 minutes 23 seconds East, a distance of 72.73
feet; thence North 56 degrees 42 minutes 28 seconds East, a distance of 22.01 feet; thence South
81 degrees 52 minutes 43 seconds East, a distance of 73.88 feet; thence South 63 degrees 14
minutes 12 seconds East, a distance of 41.43 feet;
to the East line of said Lot 3; thence South 00 degrees 05 minutes 02 seconds East, along said
East line, a distance of 70.86 feet to the point of the beginning
EASEMENT E:
A perpetual easement over, under, and across Lots 1 and 3, Block 1, CAPITAL KNOLL, Hennepin
County, Minnesota, according to the recorded plat thereof described as follows:
Commencing at the Southeast corner of said Lot 1; thence on an assumed bearing of South 89
degrees 54 minutes 10 seconds West, along the South line of said Lot 1, a distance of 53.22 feet
to the point of beginning;
thence South 18 degrees 16 minutes 12 seconds East, a distance of 12.91 feet;
thence South 12 degrees 57 minutes 18 seconds West, a distance of 45.56 feet;
thence South 56 degrees 38 minutes 47 seconds East, a distance of 10.96 feet;
thence North 59 degrees 40 minutes 17 seconds East, a distance of 48.65 feet;
thence South 76 degrees 39 minutes 31 seconds East, a distance of 60.54 feet;
thence South 32 degrees 08 minutes 59 seconds East, a distance of 53.86 feet;
9
thence South
thence South
thence South
thence South
thence South
thence North
thence North
thence North
thence South
thence North
thence North
thence North
thence North
thence North
thence North
thence North
thence North
thence North
thence North
thence South
thence South
thence South
thence South
degrees 16 m
EASEMENT F:
31 degrees 30 minutes 35 seconds West, a distance of 55.73 feet;
47 degrees 17 minutes 53 seconds East, a distance of 33.50 feet;
14 degrees 24 minutes 23 seconds West, a distance of 49.45 feet;
11 degrees 12 minutes 07 seconds East, a distance of 89.03 feet;
52 degrees 29 minutes 46 seconds West, a distance of 48.21 feet;
85 degrees 58 minutes 37 seconds West, a distance of 60.46 feet;
53 degrees 05 minutes 35 seconds West, a distance of 48.76 feet;
08 degrees 56 minutes 52 seconds East, a distance of 113.80 feet;
77 degrees 07 minutes 32 seconds West, a distance of 47.00 feet;
76 degrees 01 minutes 19 seconds West, a distance of 44.01 feet;
22 degrees 03 minutes 07 seconds East, a distance of 41.97 feet;
22 degrees 34 minutes 00 seconds West, a distance of 40.16 feet;
O1 degrees 33 minutes 59 seconds East, a distance of 30.05 feet;
48 degrees 13 minutes 42 seconds West, a distance of 53.00 feet;
19 degrees 27 minutes 26 seconds West, a distance of 47.57 feet;
19 degrees 27 minutes 26 seconds West, a distance of 11.06 feet;
49 degrees 39 minutes 34 seconds West, a distance of 44.07 feet;
10 degrees 14 minutes 50 seconds West, a distance of 83.09 feet;
76 degrees 21 minutes 01 seconds East, a distance of 49.16 feet;
82 degrees 33 minutes 43 seconds East, a distance of 56.86 feet;
53 degrees 25 minutes 42 seconds East, a distance of 38.46 feet;
10 degrees 28 minutes 58 seconds East, a distance of 32.31 feet;
38 degrees 12 minutes 47 seconds East, a distance of 48.87 feet; thence South 18
inutes 12 seconds East, a distance of 33.34 feet to the point of beginning.
A perpetual easement over, under, and across Lot 3, Block 1, CAPITAL KNOLL, Hennepin County,
Minnesota, according to the recorded plat thereof described as follows:
Commencing at the Southwest corner of said Lot 3; thence on an assumed bearing of North 00
degrees 17 minutes 52 seconds West, along the West line of said Lot 3, a distance of 294.60 feet
to the point of beginning; thence continue North 00 degrees 17 minutes 52 seconds West, along
said West line, a distance of 188.31 feet;
thence South 77 degrees 42 minutes 12 seconds East, a distance of 55.43 feet;
thence South 09 degrees 21 minutes 42 seconds East, a distance of 40.42 feet;
thence South 13 degrees 34 minutes 37 seconds East, a distance of 24.46 feet;
thence South 04 degrees 43 minutes 41 seconds East, a distance of 20.32 feet;
thence South 34 degrees 57 minutes 51 seconds East, a distance of 19.33 feet;
thence South 41 degrees 10 minutes 03 seconds East, a distance of 55.84 feet;
thence South 52 degrees 06 minutes 13 seconds West, a distance of 55.48 feet;
thence South 86 degrees 05 minutes 49 seconds West, a distance of 44.14 feet;
thence North 85 degrees 01 minutes 11 seconds West, a distance of 27.30 feet;
to the point of beginning.
10
EXHIBIT C TO
UPLAND BUFFER EASEMENT AGREEMENT
Depiction of the Wetland Buffer Easement Areas
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12
Member Martin introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2014-78
RESOLUTION APPROVING A PRELIMINARY PLAT FOR A SUBDIVISION TO BE
KNOWN AS "CAPITAL KNOLL"
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Princeton Capital (the "Applicant") has made an application for a
subdivision of land (the "Property") legally described as:
That part of the West Half of the Southwest Quarter of Section 11, Township 118, Range
23, Hennepin County, Minnesota that lies East of the West 689.00 feet thereof and South
of the centerline of County Road No. 9.
WHEREAS, the Property is addressed as 1575 Hamel Road and currently identified in
Hennepin County property records with number 1111823330003; and
WHEREAS, the Property is approximately 29 acres in size and the Applicant has
requested approval for a subdivision into 3 Rural Residential parcels; and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 12,
2014; and
WHEREAS, the City Council reviewed the proposed preliminary plat and the Planning
Commission recommendation on September 2, 2014; and
WHEREAS, the City Council makes the following findings of fact in regards to the
preliminary plat based on the requirements of the Subdivision Ordinance:
a. The proposed preliminary plat is consistent with the Comprehensive Plan and is not
premature for consideration.
b. The subdivision is appropriate for the physical conditions on the site including the
topography, storm water, natural resources, and soils.
c. The density proposed is consistent with the intent of the City of Medina Comprehensive
Plan and the lots proposed are consistent with the standards of the RR Zoning District.
d. The proposed subdivision will not cause substantial environmental damage.
e. The proposed subdivision is not likely to be injurious to public health.
f. The proposed subdivision and its improvements will not conflict with public or private
streets, easements, or right-of-ways.
Resolution No. 2014-78
November 5, 2014
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby grants preliminary approval of the subdivision subject to the following conditions:
1. Easement legal descriptions shall be provided to the City Attorney for review with the final plat.
2. An Upland Buffer conservation easement and planting plans shall be provided adjacent to
wetlands.
3. The Applicant shall meet the requirements of the City Attorney with regards to title issues and
recording procedures.
4. Any comments from the City Engineer shall be addressed.
5. Lots 1 and 2 shall maintain a shared driveway access and meet all requirements and standards of
the City Code and Hennepin County. The easement and shared driveway agreement shall be
submitted to the City for review and approval.
6. The Applicant shall submit park dedication as cash -in -lieu of land in the amount of $16,000.
7. The Applicant shall dedicate a total of 60-feet of right-of-way for Hamel Road as requested by
Hennepin County.
8. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost
of reviewing the preliminary plat and other relevant documents.
9. The Applicant acknowledges that construction of any future animal structure will be subject to
relevant setback requirements. Current City regulations require an animal structure to be set back
a minimum of 150 feet from all property lines. The Applicant acknowledges that the proposed
width and shape of Lots 1 and 2 are within their control and any hardship for the location of
animal structure has been created by the Applicant.
10. The application for fmal plat shall be submitted to the City within 180 days of preliminary
approval or the preliminary plat shall be considered void, unless a written request for time
extension is submitted by the Applicant and approved by the City Council.
Dated November 5, 2014.
abeth Weir, Mayor
Attest:
By: r ..
Scott Johnso , City Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Anderson
and upon vote being taken thereon, the following voted in favor thereof:
Anderson, Martin, Martinson, Pederson, Weir
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2014-78 2
November 5, 2014
C.R. DOC. NO.
100
SCALE IN FEET
200
FEET
Beoring Note:
The South line of the W. 1/2 of the SW 1/4 of Sec. 11, T 118, R. 23,
Hennepin County, Minnesota, is assumed to bear S8947'38"E.
• denotes iron monument found
0 denotes 1/2 inch by 14 inch iron pipe set
and marked by License number 40062.
® denotes found Hennepin County Cast
Iron Monument unless otherwise noted.
DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:
10
f
BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED,
AND ADJOINING RIGHT-OF-WAY LINES, AND BEING 10 FEET IN
WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING LOT
LINES, AS SHOWN ON THE PLAT
10
PUBLIC LAND SURVEY BREAKDOWN
SECTION 11, TOWNSHIP 118, RANGE 23
NO SCALE
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KNOW ALL PERSONS BY THESE PRESENTS: That Princeton Capital, LLC, a Minnesota limited liability company, fee owner
of the following described property situated in the County of Hennepin, State of Minnesota, to wit:
That part of the West Half of the Southwest Quarter of Section 11, Township 118, Range 23, lying East of the East
line of the West 689 feet of said West Half of the Southwest Quarter, which lies South of the centerline of Hamel
Road, Hennepin County, Minnesota.
Has caused the same to be surveyed and platted as CAPITAL KNOLL and does hereby dedicate to the public for public
use the public ways and the drainage and utility easements as created by this plat.
In witness whereof said Princeton Capital, LLC, a Minnesota limited liability company, has caused these presents to be
signed by its proper officer this day of , 20
PRINCETON CAPITAL, LLC
STATE OF MINNESOTA
COUNTY OF
This instrument was acknowledged before me this day of 20____ by
of Princeton Capital, LLC, a
Minnesota limited liability company, on behalf of the company.
(Notary Signature)
(Notary Printed Nome)
Notary Public, County, Minnesoto
My commission expires
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of the SW 1/4 of Sec. 11, T. 118, R. 23
I, Paul E. Otto, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly
Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey;
that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat
have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota
Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public
ways are shown and labeled on this plat.
Dated this day of , 20
Paul E. Otto, Licensed Land Surveyor
Minnesota License Number 40062
STATE OF MINNESOTA
COUNTY OF WRIGHT
This instrument was acknowledged before me on this day of , 20 , by
Paul E. Otto.
(Notary Signature)
(Notary Printed Name)
Notary Public, County, Minnesota
My commission expires
CITY COUNCIL, CITY OF MEDINA, MINNESOTA
This plat of CAPITAL KNOLL wos opproved ond occepted by the City Council of Medina, Minnesota, at a regulor meeting
thereof held this day of , 20____. If applicable, the written comments and
recommendations of the Commissioner of Transportation ond the County Highwoy Engineer hove been received by the
City or the prescribed 30 day period hos elopsed without receipt of such comments and recommendations, os provided
by Minn. Statutes, Section 505.03, Subd. 2.
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City Council of Medina, Minnesota
By Mayor By Administrator -Clerk
RESIDENT AND REAL ESTATE SERVICES, Hennepin County, Minnesota
I hereby certify that taxes payable in 20___ and prior years have been paid for land described on this plat, dated
this day of
Mark V. Chapin, County Auditor
by Deputy
SURVEY DIVISION, Hennepin County, Minnesota
Pursuant to MN. STAT. Sec. 383B.565 (1969), this plot has been approved this day of
20____.
Chris F. Mavis, County Surveyor
by
COUNTY RECORDER, Hennepin County, Minnesota
I hereby certify that the within plat of CAPITAL KNOLL was recorded in this office this ____ day of
, 20____, at O'clock
Mortin McCormick, County Recorder
by Deputy
Engineers & Land Surveyors, Inc.
Agenda Item # 9B
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2016-##
RESOLUTION GRANTING EXTENSION OF TIME TO
SUBMIT FINAL PLAT FOR WOODS OF MEDINA
AMENDING RESOLUTION NO.2014-04
WHEREAS, on January 7, 2014, the city of Medina adopted Resolution 2014-04, granting
preliminary plat approval to Jeff Pederson and 4412 HU LLC (collectively, the "Applicant") to
subdivide property which is legally described in Exhibit A, attached hereto; and
WHEREAS, under the terms of said resolution, the final plat was required to be submitted
to the City within 180 days or the preliminary plat was to be considered void, unless a written
request for time extension is submitted by the Applicant and approved by the City Council, and
WHEREAS, on October 21, 2014, the city of Medina adopted Resolution 2014-68, which
granted an extension of time to submit the final plat until July 7, 2015; and
WHEREAS, on April 7, 2015, the city of Medina adopted Resolution 2015-29, which
granted an extension of time to submit the final plat until January 7, 2015; and
WHEREAS, on December 15, 2015, the city of Medina adopted Resolution 2015-105,
which granted an extension of time to submit the final plat until January 7, 2017; and
WHEREAS, the Applicant has requested an additional extension to meet the terms and
conditions of preliminary plat approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina,
Minnesota, as follows:
1. The application for final plat must be submitted to the City by July 7, 2017 or the
preliminary plat shall be considered void, unless a written request for time
extension is submitted by the Applicant and approved by the City Council.
2. Except as explicitly stated above, all terms and conditions of Resolution 2014-04 are
hereby reaffirmed.
Dated: December 20, 2016.
Resolution No. 2016-##
December 20, 2016
Bob Mitchell, Mayor
ATTEST:
Jodi M. Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same: (Recused:)
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2016-## 2
December 20, 2016
EXHIBIT A
Legal Description of the Property
Parcel 1:
That part of the Saute 30 ages of the Northwest % of Section 1, Township 118 North,
Range 23 West of the 511P.M., lying Nest of the East 1760 fret, EXCEPT the West 5:34
feet of the South 217.5 feet thereof, and further E CEPTMIG that part lying West of a
line drawn parallel with and distant 40 feet East of the West line thereof, according to the
United States Government Survey thereof and situate in Hennepin County, Minnesota..
and
Parcel 2:
The West 534 feet of the South 217.5 feet of the Northwest V4 of Section 1, Township
1.18 North, Lange 23 West of the 5111 P.M., EXCEPTING that part lying West of a line
drawn parallel with and distant 40 feet East of the West line thereof, according to the
United States Government Survey thereof and situate in Hennepin County,Minnesota,
Resolution No. 2016-## 3
December 20, 2016
MEMORANDUM
TO: Mayor Mitchell and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson
DATE: December 14, 2016
SUBJ: Planning Department Updates — December 20, 2016 City Council Meeting
Land Use Application Review
A) Olkon Variance and Preliminary Plat — 2362 Willow Drive — Ellis and Nancy Olkon have
requested a variance from the minimum suitable soils requirements to subdivide their 20 acre
property into two lots. The Planning Commission reviewed the variance request at the September 13
meeting and unanimously recommended denial. The City Council reviewed the variance request on
November 1 and directed staff to prepare a resolution of denial. The resolution will be presented to
the Council on December 20. Staff will also schedule a public hearing on the preliminary plat at the
January 12 Planning Commission meeting.
B) AutoMotorPlex PUD General Plan and Plat — east of Arrowhead Drive, north of Hamel Road —
Bruno Silikowski has requested review of a PUD General Plan and Plat for construction of
approximately 237,500 square feet of private garage condominiums for motorsports enthusiasts. The
Planning Commission held a Public Hearing at the October 11 Planning Commission meeting and
recommended approval 6-1. The City Council reviewed on November 1 and December 6 and
directed staff to finalize documents for approval. These documents will be presented to the Council
on December 20.
C) Capital Knoll Final Plat — 1575 Hamel Road — Princeton Capital has requested final plat approval
of a three lot rural subdivision. The Council granted preliminary approval back in 2014. Staff will
present the application to the City Council on December 20.
D) Woodridge Church Site Plan Review — 1500 County Road 24 — Woodridge Church has
requested a lot combination, conditional use permit amendment, site plan review, and
interim use permit for construction of a 15,085 square foot addition to the north side of the
existing building. The Planning Commission is scheduled to hold a public hearing on the
request at their Monday, December 19, 2016 meeting.
E) Marx CD-PUD Concept Plan — 2700 and 2900 Parkview Drive — Wally and Bridget Marx
have requested review of a concept plan for a 61ot conservation design subdivision on
approximately 90 acres. The applicant proposes 51.58 acres (10 buildable acres) of
conservation.
F) Lunski Senior Community Concept Plan — North of Highway 55, East of Willow Drive
(PID 03-118-23-32-0007) — Lunski, Inc. has requested review of a Concept Plan for
development of an approximately 126 unit senior living community to include independent
and assisted living units. The applicant is considering changes to their plan and has
requested a delay in review. The Planning Commission is tentatively scheduled to hold a
public hearing on the request at their January 12 meeting.
G) Three Rivers Park/We Can Ride CUP — 4301 County Road 24 — Three Rivers Park District
and We Can Ride have requested a conditional use permit amendment to allow We Can
Ride, a nonprofit that provides programming to individuals with disabilities or special
needs, to occupy the stable previously utilized by Three Rivers Park mounted patrol. The
Planning Commission is tentatively scheduled to hold a public hearing on the request at
their January 12 meeting.
Planning Department Update
Page 1 of 2 December 20, 2016
City Council Meeting
H) Just for Kix, Hamel Brewery, St. Peter and Paul Cemetery, Wright -Hennepin Solar Panels —The
City Council has adopted resolutions approving these projects, and staff is assisting the applicants
with the conditions of approval in order to complete the projects.
I) Woods of Medina, Capital Knoll— These preliminary plats have been approved and staff is awaiting
a final plat application
J) Deerhill Preserve, Hamel Haven subdivisions — These subdivisions have received final approval.
Staff is working with the applicants on the conditions of approval before construction begins.
Other Proiects
A) Comprehensive Plan — The Planning Commission held the Public Hearing on the 2020-2040
Comprehensive Plan update at the December 13 meeting. Following the hearing, Commissioners
discussed all chapters of the plan and recommended a number of changes. Following discussion, the
Commission unanimously recommended approval of the Plan. Staff intends to present the Plan for
City Council review at the January 3 meeting.
Planning Department Update
Page 2 of 2 December 20, 2016
City Council Meeting
MEDINA POLICE DEPARTMENT
600 Clydesdale Trail
Medina, MN 55340.9790
p: 763.473-9209
f: 763.473-8858
non -emergency: 763-525-6210
MEMORANDUM Emergency 9.1_1
TO: City Administrator Scott Johnson and City Council
FROM: Director Edgar J. Belland
DATE: December 15, 2016
RE: Department Updates
LELS Union Meeting
Administrator Johnson and I continue to work on the LELS Union contract for 2017. We
will be bringing the latest proposal to you at the December 20th meeting with a one year
extension.
Canadian Pacific Railroad Holiday Train
The Canadian Pacific Railroad Holiday Train arrived at 4:15 pm on Sunday, December I Ith
in downtown Loretto. We had a smaller crowd due to the snow and cold weather. The event
went well and all had a good time. I do not have the donation totals as of yet.
End of Year Details
We have put the new 2017 officers' schedule together. We are updating the police policy
manual to meet the new laws and mandated policies. We are completing staff evaluations and
preparing for the New Year.
Patrol by Sergeant Jason Nelson
Patrol Activities
For the dates of November 29 to December 13, 2016, our officers issued 33 citations and 134
warnings for various traffic infractions. There were a total of five traffic accidents, 14
medicals, eight alarms and one DWI.
Again this past two weeks we took several damage to mailbox reports. It's believed to be
juveniles and as of this time all leads have been exhausted.
These past two weeks we have slowed down with the cold weather setting in. This is a good
thing as we are still shorthanded. Officer Swalchick is progressing in his field training.
On December 2, 2016, Officer Swalchick took a report at the Inn Kahoots of a person
possibly using a fake ID to get served alcohol. The party was located and it was confirmed
that the ID she was using from Maine was indeed fake and she was issued a citation for
possession of a fake ID.
On December 6, 2016, Officer Converse took a report from Farmers State Bank of Hamel
about several of their customers having their credit or debit cards used even though they had
them in their possession. It's believed that all of the victims had visited the same place
where a credit card reader was in place gathering data. Case was forwarded to
Investigations.
On December 7, 2016, Officer Jessen assisted the Wayzata Police Department with an
impaired driver. Officer Jessen is a Drug Recognition Expert in the State of Minnesota so he
responded and did an evaluation on the impaired driver.
On December 10, 2016, Officer Swalchick stopped a vehicle for speeding. The driver was
found to be intoxicated. Officer Swalchick is on FTO and the impaired driver was turned
over to Officer Boecker who demonstrated how to properly process an impaired driver. The
driver was subsequently arrested for DWI.
On December 12, 2016, Officer Swalchick took a scam report. The victim reports that he
had placed a Craig's List ad selling a snowmobile and that he was contacted by a potential
buyer. The buyer informed the victim that he would be sending an extra $650 for shipping
and that he asked the victim to send a Money Gram to the shipper for $650. The victim sent
the $650 via Money Gram and then realized that the buyer had not placed any money into the
PayPal account. This is a common scam and the victim is out $650.
Investigations by Investigator David Hall
The investigation of embezzlement case that was reported in September has been completed
and forwarded to the Hennepin County Attorney's Office for review and charging.
The investigation into a violation of an OFP report that was taken in November has also been
completed and forwarded to the City of Medina Prosecutor's office for review.
I am continuing to split my hours between general investigations and the drug task force until
Officer Boecker takes over general investigations in January. During this time I have been
clearing out older general investigations while assisting the drug task force on narcotics
investigations.
There are a total of 5 open investigations.
MEMORANDUM
TO: City Council, through City Administrator Scott Johnson
FROM: Steve Scherer, Public Works Director
DATE: December 14, 2016
MEETING: December 20, 2016
SUBJECT: Public Works Update
STREETS
• Snow has been the focus on the streets in the past week. Timing is everything when an
event happens. All factors are considered before we pull out of the shop. If there are ever
questions on how and why PW starts or stops plowing operations, please feel free to give
me a call. I only say this because occasionally I get calls from residents on this matter.
• The streets are in good driving condition with some snow remaining on the collector
streets and snow packed on the residential streets. This is due to the cold weather and the
inability to melt the snow.
WATER/SEWER/STORMWATER
• The water and sewer systems seem to be working well. I hesitate to say anything because
we are due for some watermain breaks with the cold weather and the ground moving.
• There is information and a bid package in your packet for the reconditioning of the
400,000 gallon water tower on Willow Drive. At the work session we will be discussing
whether or not to incorporate the logo into the bid package as well. We will also be
discussing the project in general and what it means to the system while we are under
construction.
PARKS/TRAILS
• Skating rinks are already looking good. The deep freeze really helps establish the ice and
gets us ready for Christmas vacation use.
• The sliding hill is again a big hit for the community. I have to say I think the sliding hill
and the skating rink are the most used amenities in Hamel Legion Park.
MISCELLANEOUS
• We were able to add another 20 trees to our order for Cleanup Day as was requested by
the Council at the last meeting.
ORDER CHECKS DECEMBER 7, 2016 - DECEMBER 20, 2016
045240 MN DEPARTMENT OF HEALTH $150.00
045241 BORO, MATHEW/COLLEEN $250.00
045242 BULLOCK, TIMOTHY $46.64
045243 CANADIAN PACIFIC RAILWAY $750.00
045244 CAREFREE SERVICES INC $768.32
045245 KOHORST, KIMBERLY $150.00
045246 US HOME CORP $30,000.00
045247 METRO WEST INSPECTION $15,103.49
045248 MN DVS $19.75
045249 MN DVS $41.00
045250 BLUE CROSS BLUE SHIELD OF MN $29,129.03
045251 292 DESIGN GROUP INC $71.28
045252 ABM EQUIPMENT & SUPPLY $21,695.24
045253 ADAM'S PEST CONTROL INC $75.00
045254 ALLIED 100, LLC $203.00
045255 ALLINA HEALTH SYSTEM $50.00
045256 ALLSTAR ELECTRIC $241.10
045257 BARBARA SCHNEIDER FOUNDATION $2,500.00
045258 BEAUDRY OIL & PROPANE $2,604.16
045259 BIFFS INC $247.30
045260 BOYER FORD TRUCKS INC $58.73
045261 BRYAN ROCK PRODUCTS $446.65
045262 CENTERPOINT ENERGY $984.31
045263 CENTURYLINK $199.03
045264 CONTEMPORARY IMAGES $1,811.55
045265 CORCORAN LOCKER $673.32
045266 DS HUNZ SERVICES INC $85.00
045267 EARL F ANDERSEN INC $78.85
045268 ECM PUBLISHERS INC $118.73
045269 EMBEDDED SYSTEMS, INC $3,162.96
045270 ENGEL WATER TESTING INC $360.00
045271 FASTENAL COMPANY $199.59
045272 GAGNON PRINTING COMPANY $137.90
045273 GALLS/QUARTERMASTER $303.71
045274 GOODIN COMPANY $119.93
045275 GOPHER STATE ONE CALL $373.95
045276 GRAINGER $42.59
045277 HAMEL LUMBER INC $571.00
045278 HENN COUNTY ELECTIONS $1,743.41
045279 HENN COUNTY TAXPAYER SVCS DEPT $871.03
045280 HENN CTY RESIDENT/REAL ESTATE $43.50
045281 HENRYS WATERWORKS INC $421.33
045282 HIGHWAY 55 CORRIDOR COALITION $250.00
045283 IYAWE AND ASSOCIATES $81,210.75
045284 KD & COMPANY RECYCLING INC $215.63
045285 KEEPRS, INC. $401.92
045286 LANGUAGE LINE SERVICES $14.07
045287 LANO EQUIPMENT INC $401.68
045288 LEXISNEXIS RISK DATA MGMT INC $43.50
045289 CITY OF LONG LAKE $6,315.75
045290 CITY OF MAPLE PLAIN $679.05
045291 MEDTOX LABS $49.03
045292 METROPOLITAN COUNCIL $12,300.75
045293 METROPOLITAN COUNCIL $25,399.93
045294 MINNESOTA OCCUPATIONAL HEALTH $423.00
045295 MN SAFETY COUNCIL INC $525.00
045296 NAPA OF CORCORAN INC $184.48
045297 OFFICE DEPOT $145.42
045298 CITY OF ORONO $584.02
045299 PEACE POLE MAKERS USA $273.50
045300 SAM'S CLUB $19.47
045301 JAMIE R WIOME $405.00
045302 SHERWIN-WILLIAMS CO $85.45
045303 STREICHER'S $701.88
045304 SUBURBAN TIRE WHOLESALE INC $506.36
045305 SURPLUS SERVICES $230.00
045306 TALLEN & BAERTSCHI $2,486.56
045307 TEGRETE CORP $260.86
045308 THREE RIVERS PARK DISTRICT $5,154.20
045309 TITAN MACHINERY $323.83
045310 WATER CONSERVATION $347.60
045311 WESTSIDE WHOLESALE TIRE $80.00
Total Checks $256,921.07
ELECTRONIC PAYMENTS DECEMBER 7, 2016 — DECEMBER 20, 2016
003938E DELTA DENTAL $2,571.65
003939E DELTA DENTAL $2,701.10
003940E FARMERS STATE BANK OF HAMEL $35.00
003941E FARMERS STATE BANK OF HAMEL $51.00
003942E PAYMENT SERVICE NETWORK INC $324.65
003943E PR PERA $13,792.75
003944E PR FED/FICA $15,716.09
003945E PR MN Deferred Comp $2,335.00
003946E PR STATE OF MINNESOTA $3,139.21
003947E SELECT ACCOUNT $693.12
003948E CITY OF MEDINA $21.00
003949E FARMERS STATE BANK OF HAMEL $20.00
003950E CIPHER LABORATORIES INC $4,788.72
003951E FRONTIER $56.13
003952E PREMIUM WATERS INC $77.50
003953E MEDIACOM OF MN LLC $283.63
003954E PAYMENT SERVICE NETWORK INC $355.40
003955E SELECT ACCOUNT $329.81
003956E XCEL ENERGY $9,970.51
003957E PITNEY BOWES POSTAGE BY PHONE $1,000.00
Total Electronic Checks $58,262.27
PAYROLL DIRECT DEPOSIT DECEMBER 14, 2016
507595 ALTENDORF, JENNIFER L $1,314.63
507596 ANDERSON, JOHN G $279.68
507597 BARNHART, ERIN A. $1,965.67
507598 BELLAND, EDGAR J $2,530.48
507599 BOECKER,KEVIN D. $2,332.89
507600 CONVERSE, KEITH A $1,907.19
507601 COUSINEAU, LORIE K. $230.87
507602 DINGMANN, IVAN W $1,515.91
507603 ENDE, JOSEPH $1,409.33
507604 FINKE, DUSTIN D. $2,110.19
507605 GALLUP, JODI M $1,667.32
507606 GLEASON, JOHN M. $2,101.56
507607 GREGORY, THOMAS $1,825.05
507608 HALL, DAVID M. $2,531.64
507609 JESSEN, JEREMIAH S $1,966.67
507610 JOHNSON, SCOTT T. $2,226.35
507611 KLAERS, ANNE M $1,141.16
507612 LANE, LINDA $1,506.20
507613 LEUER, GREGORY J. $1,865.79
507614 MARTIN, KATHLEEN M $230.87
507615 MCGILL, CHRISTOPHER R $1,735.40
507616 MCKINLEY, JOSHUA D $1,327.99
507617 MITCHELL, ROBERT G. $327.07
507618 NELSON, JASON $2,055.82
507619 PEDERSON,JEFF $221.28
507620 PETERSON, DEBRA A $1,614.15
507621 REINKING, DEREK M $1,778.56
507622 SCHARF, ANDREW $493.78
507623 SCHERER, STEVEN T. $2,259.36
507624 STAPLE, AMANDA $239.51
507625 SWALCHICK, CRAIG M $1,297.84
507626 VIEAU, CECILIA M. $1,114.71
Total Payroll Direct Deposit $47,124.92