HomeMy Public PortalAbout1978-042 AMember Bill Reiser, introduced the following Resolution
and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 78-42-A
WHEREAS, Richard G. Marklund, Howard B. Dettloff,
Lowell M. Mikkleson and Jeffrey Chin the owners of the
property desribed as Lots 5,6,7 and 8, Deerhaven Division
are subject to the Development Agreement dated March 23,
1978;and
WHEREAS, the above described property owners have re-
quested a change in a portion of the Development Agreement
entitled "Driveway Upgrading; and
WHEREAS, the City Engineer has recommended certain
specifications for the road.
NOW, THEREFORE, BE IT RESOLVED THAT:
1.In consideration for ammending the Development Agree-
ment the Owners shall:
(a)Construct the roadway in accordance with the
letter of McCombs Knutson Associates, Inc.
dated November 10, 1978 attached hereto as
Exhibit A.
(b)Execute and deliver a Hold Harmless Agreement
acceptable to the City of Medina indemnifying
the City from any and all liability in respect
of the road.
2.The first sentence of the portion of the Develop-
ment Agreement entitled Driveway Upgrading be amended
to read as follows:
Driveway upgrading at such time as any portion
of such driveway shall serve more than 4 dwel-
ling units, as the same are defined in the Medina
Zoning Code, that portion of said driveway serving
more than 2 dwelling units, shall be upgraded
to the then City standard for Cul-de-sac streets
and dedicated to the public.
3.In all other respects the Development Agreement, as
amended and submitted herein, is rectified and cofirmed.
Dated: November 15, 1978
ATTEST:�c z(!{ �Le-re, �
ng City Cler'
The motion for adoption of the foregoing Resolution was duly
seconded by member Art Theis and upon vote being taken
thereon, the following members voted in favor of: Wayne
Neddermeyer, William Reiser, Arthur Theis , Nancy Laurent.
And the following voted against the same:None
Absent:Tom Crosby
Whereupon said Resolution was declared passed and adopted.
F_xAlih t /=1.
McCOMBS-KNUTSON ASSOCIATES, INC.
CONSULTING ENGINEERS IN LAND SURVEYORS d SITE PLANNERS
November 10, 1978
Donna Roehl
City of Medina
2052 County Road 24
P.O. Hamel, Minnesota 55340
Subject: City of Medina
Springer Property Road
Dear Mrs. Roehl:
Reply To:
12805 Olson Memorial Highway
Minneapolis, Minnesota 55441
1612) 559-3700
As requested, I have looked at the location of the
proposed road on the former Springer property and have the
following comments or recommendations:
We would not recommend that the standard street with
ditch drainage be built in this area for the following
reasons.
The land is very flat and the ditches would have to
outlet on Willow Drive and also in 2 or 3 places where the
water would flow directly into the back yards of Medina
Morningside. We feel that if this were done the City would
be subject to potential law suits from the affected owners.
One way around this problem is the construction of an
extensive storm sewer system which should probably outlet
through Medina Morningside.
Another solution would be to build the road approximately
level with the surrounding ground with no ditches, in which
case the runoff from the road and the area north of the road
would remain as it is now which is spread more generally over
the whole area rather than concentrated in 3 or 4 spots as it
would be with ditches. The disadvantage of this obviously is
that the road base does not drain and is much more susceptable
to breakup.
At the last Council Meeting it was recommended that the
people proposing the street get together with the Medina
Morningside Residents and come up with a plan for a private
road, but with the sub -base prepared for a future City Street
and at that point the Council would consider a variance which
would allow 4 houses on this road.
Minneapolis - Hutchinson - Alexandria - Granite Falls
printed on recycled paper
Donna Roehl
November 10, 1978
Page 2
If this is done, we recommend that the road be constructed
to the following standards.
1) Unsuitable materials beneath a 24 foot wide roadway
be removed and replaced with suitable materials.
2) A 16 foot wide graNfel surface be placed on this
material. The gravel should consist of 8 inches of
Class 5 gravel or 6 inches of crushed rock.
3) The 16 foot road should be offset to the North on
the 24 foot base and we further recommend that the
center of the 24 foot base be shifted 3 feet north
in the R.O.W. This will leave 24 feet between the
south edge of the gravel road and the property lines
on the north of Medina Morningside.
4) The gravel surface should follow the existing
contours of the land as closely as possible. Runoff
from the street should be off to the sides rather
than following the drive and concentrated in one
area.
5) The existing driveway should be removed and replaced.
Shallow ditches in the area from Willow Drive to
approximately 500 feet West would be acceptable if
they were made to drain to Willow Drive.
6) If the road were constructed in this manner it would
be with the understanding that this is a private
drive and would not be maintained by the City unless
brought to City Standards, including major drainage
improvements.
7) A 120 foot diameter R.O.W. for a future cul de sac
at the westerly end of the road should be provided.
The Cul de sac need not be constructed at this time.
If the Council choses to require a City Street here we
would recommend that an Engineering Plan be prepared prior to
construction of the street to establish a drainage plan.
If you have any questions on this, please advise.
Very truly yours,
McCOMBS-KNUTSON ASSOCIATES, INC.
Lyle Swanson, P.E.
LS:pm
DEvEi.opi.viENT AGREEMENT AND COVENANTS
THIS ACR.EEMENT is made this r)17day of
between the CITY OF MEDINA, Hennepin County,
Corporation, hereinafter called CITY and Bever _
Popovich, Donna and Robert Scheunemann, Bernice I. and Henry L.
Springor,
hereinafter referred to as OWNERS.
WHEREAS, the OWNERS have an interest in the real estate described on
the attached Exhibit A; and
WHEREAS, the OWNERS intend to divide the property into 8 parcels as
set forth on the attaches Exhibit A and to make the property available for the
construction of single family dwellings and other uses, which dwellings and
uses shall be served by a private driveway constructed upon a 5 0 ft. easement,
the loc .lion and timing of the dwelling units and the easement to be determined
in the future; and
WHEREAS, the construction of more than one dwelling unit on a private
driveway requires approval of the City;
NOW THEREFORE the OWNERS hereby declare that the real estate des-
cribed in Exhibit A shall be held subject to the following covenants which shall
run with the .and and be binding upon the OWNERS, their heirs, successors
and assigns, and shall. inure to the' benefit of the City of Medina and each of
the OWNERS herein named.
The CITY contracts with the OWNERS and the OWNERS covenant and agree
among themselves and contract with the CITY that the OWNT PS shall construct
a driveway upon said easement, 1 descr described in Exhibit riveway to serve tA, andlltolgscrve t hE`'c
to be ..-nstructed upon the property
incidental agricultural and residential uses of properties abutting on said drive-
way and easements. Subject to the exceptions Hereinafter noted, said driveway
shall be constructed in accordance with the CITY Platting Code and the CITY
Specifications for Road Construction as the same is applicable to cul-de-sac
streets, all subject to the approval of the City Engineer. Road drainage
questions, removal of organic materials from the roadbed, and other con-
struction matters she'll be subject to the approval of the City Engineer. The
site location of the upgraded driveway shall be subject to the approval of the
Zoning ;Wministra:or.
EXCEPTION: City Specifications relative to the width, type and quality
of the grading, base and surfacing of said driveway shall not be controling out
shall be within the sole discretion of the OWNERS. All costs of the construction
of said driveway, including srirveys, stakings, materials, labor and engineering
fees shall be borne by the OWNERS as they among themselves may determine.
Unless and until said driveway is upgraded to City Standards for grading, base
v
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