Loading...
HomeMy Public PortalAbout02.20.2018 City Council Complete Meeting Packet Posted 2/16/2018 Page 1 of 2 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, February 20, 2018 7:00 P.M. Medina City Hall 2052 County Road 24 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the February 7, 2018 Regular Council Meeting V. CONSENT AGENDA A. Approve Lawn and Ground Services Agreement with Shaggies Lawn Care B. Approve Weed Control and Fertilization Services Agreement with Nitro Green C. Approve Portable Sanitation Services Agreement with Jimmy’s Johnnys D. Approve Snow Removal Services Agreement for the Hamel Community Building with Hunzy’s LLC E. Approve Petroleum Storage Tank Release Investigation & Corrective Action Agreement with Thatcher Engineering, Inc. F. Approve Ballfield Lighting Installation Agreement with Killmer Electric G. Approve Amended and Restated Grounds Services Agreement with Hamel Athletic Club H. Authorize Purchase of Police Forfeiture Vehicle for Parks Department I. Approve Letter of Support for Hamel Fire Department Grant Application J. Resolution Granting Lot Combination Approval to Westcreek Properties, LLC for Property at 900 and 920 Hamel Road K. Resolution Granting Site Plan Review Approval to Maxxon for Property at 920 Hamel Road L. Approve Proof of Parking Agreement and Declaration of Restrictive Covenant by and between the City of Medina and Westcreek Properties, LLC M. Approve Stormwater Improvement and Maintenance Agreement by and between the City of Medina and Westcreek Properties, LLC N. Approve Upland Buffer Easement Agreement by and between the City of Medina and Westcreek Properties, LLC VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. PRESENTATION A. Resolution Recognizing Erin Barnhart for Ten Years of Service to the City of Medina B. Orono School’s Activity Center Update – School Board Member Martha Van de Ven VIII. NEW BUSINESS A. School Lake Nature Preserve – Final Plat and Development Agreement 1. Resolution Granting Final Plat Approval for School Lake Nature Preserve 2. CD-PUD Agreement by and between the City of Medina and Wallace and Bridget Marx B. Ordinance Establishing the School Lake Nature Preserve Storm Sewer Improvement Tax District – Public Hearing 1. Resolution Authorizing Publication of Ordinance by Title and Summary C. Hennepin County Bikeway Participation Program Grant – County Road 101 Trail Connection 1. Resolution Supporting Grant Application for Hennepin County Bikeway Participation Program for County Road 101 Trail Connection 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 Posted 2/16/2018 Page 2 of 2 IX. CITY ADMINISTRATOR REPORT A. Mayor Mitchell’s Letter to PERA X. MAYOR & CITY COUNCIL REPORTS XI. APPROVAL TO PAY BILLS XII. ADJOURN MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: February 15, 2018 DATE OF MEETING: February 20, 2018 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve Lawn and Ground Services Agreement with Shaggies Lawn Care – The city received five bids for lawn and grounds services and recommends contracting with the low bid. Staff recommends approval. See attached memo and agreement. B. Approve Weed Control and Fertilization Services Agreement with Nitro Green – The city received two bids for weed control and fertilization services and recommends contracting with the low bid. Staff recommends approval. See attached memo and agreement. C. Approve Portable Sanitation Services Agreement with Jimmy’s Johnnys – The city received three bids for portable sanitation services and recommends contracting with the low bid. Staff recommends approval. See attached memo and agreement. D. Approve Snow Removal Services Agreement for the Hamel Community Building with Hunzy’s LLC – The city received two bids for snow removal services and recommends contracting with the low bid. Staff recommends approval. See attached memo and agreement. E. Approve Petroleum Storage Tank Release Investigation & Corrective Action Agreement with Thatcher Engineering, Inc. – The city received two bids for petroleum storage tank release investigation and corrective action services and recommends contracting with the low bid. Staff recommends approval. See attached memo and agreement. F. Approve Ballfield Lighting Installation Agreement with Killmer Electric – The city received the attached bid for ballfield lighting installation and recommends contracting with Killmer Electric. Staff recommends approval. See attached agreement.  2 G. Approve Amended and Restated Grounds Services Agreement with Hamel Athletic Club – Staff has put together the attached amended and restated grounds services agreement for the upcoming 2018 baseball season with the Hamel Athletic Club. Staff recommends approval. See attached agreement. H. Authorize Purchase of Police Forfeiture Vehicle for Parks Department – The Public Works Department is requesting approval of the purchase of a Ford F-350 utility truck from the Police Department forfeiture fund for $5,000. Staff recommends approval. See attached memo. I. Approve Letter of Support for Hamel Fire Department Grant Application – The Hamel Fire Department is submitting a FEMA grant for $94,050 to help pay for new portable radios and has requested the attached letter of support for the grant submittal. Staff recommends approval. See attached letter. J-N. Maxxon (applicant) - Westcreek Properties, LLC (owner) - Lot Combination and Site Plan Review Approvals – Council reviewed this request at their February 7th meeting and directed staff to prepare the lot combination and site plan review for approval at the February 20th meeting. Staff recommends approval of these resolutions, along with the agreements addressing parking, stormwater, and upland buffer easement. See attachments. VII. PRESENTATION A. Resolution Recognizing Erin Barnhart for Ten Years of Service – The attached resolution has been prepared to recognize Erin Barnhart for ten years of service to the city. Erin plans to be in attendance at the meeting. See attached resolution. Recommended Motion: To approve the resolution recognizing Erin Barnhart for Ten Years of Service. B. Orono School’s Activity Center Update – School Board Member Martha Van de Ven will be present at the meeting to give an update to the City Council on Orono School’s Activity Center. No attachments for this item. VIII. NEW BUSINESS A. School Lake Nature Preserve – Final Plat and Development Agreement – Wally and Bridget Marx have requested final plat approval for School Lake Preserve, a conservation design-planned unit development (CD-PUD) subdivision to include 6 lots which proposes to place approximately 68 acres of property into permanent conservation. On October 17, 2017, the City Council granted preliminary plat approval and approved an ordinance rezoning the property to a CD-PUD district.  3 See attached report. Recommended Motion # 1: Adopt Resolution Granting Final Plat Approval for School Lake Nature Preserve Recommended Motion # 2: Adopt CD-PUD Agreement by and between the City of Medina and Wallace and Bridget Marx B. Ordinance Establishing the School Lake Nature Preserve Storm Sewer Improvement Tax District – Public Hearing – 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. See attached report. Recommended Motion # 1: Adopt Ordinance Establishing the School Lake Nature Preserve Storm Sewer Improvement Tax District Recommended Motion # 2: Adopt Resolution Authorizing Publication of Ordinance by Title and Summary   C. Hennepin County Bikeway Participation Program Grant – County Road 101 Trail Connection – City staff has identified a short trail connection along County Road 101 as a candidate for a grant application in 2018. The trail would connect the existing trail on the west of County Road 101 and north of Evergreen Road down to an existing underpass under County Road 101, and then continue east of County Road 101 to the future elementary school being constructed by the Wayzata School District. A location map is attached. See attached report. Recommended Motion # 1: Move to direct staff to apply for the Hennepin County Bikeway Participation Program if staff determines the grant is appropriate for the proposed segment Recommended Motion # 2: Move to adopt the resolution supporting grant application for the Hennepin County Bikeway Participation Program IX. CITY ADMINISTRATOR REPORT A. Mayor Mitchell’s Letter to PERA – Mayor Mitchell has put together the attached draft letter to PERA outlining concerns with the pension plan. Mayor Mitchell is requesting Council review and discussion of the letter. See attached draft letter.  4 XI. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 004498E-004511E for $46,332.32 and order check numbers 046929-046978 for $151,349.50 and payroll EFT 0508451-0508482 for $52,570.85.  Planning Department Update  Police Department Update  Public Works Department Update  Claims List  Medina City Council Meeting Minutes 1 February 7, 2018 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF FEBRUARY 7, 2018 3 4 The City Council of Medina, Minnesota met in regular session on February 7, 2018 at 5 7:00 p.m. in the City Hall Chambers. Mayor Mitchell presided. 6 7 I. ROLL CALL 8 9 Members present: Anderson, Cousineau, Pederson, and Mitchell. 10 11 Members absent: Martin. 12 13 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer 14 Jim Stremel, City Planner Dusty Finke, Public Works Director Steve Scherer, and Chief 15 of Police Ed Belland. 16 17 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 18 19 III. ADDITIONS TO THE AGENDA (7:00 p.m.) 20 The agenda was approved as presented. 21 22 IV. APPROVAL OF MINUTES (7:00 p.m.) 23 24 A. Approval of the January 16, 2018 Special City Council Meeting Minutes 25 Moved by Pederson, seconded by Cousineau, to approve the January 16, 2018 special 26 City Council meeting minutes as presented. Motion passed unanimously. 27 28 B. Approval of the January 16, 2018 Regular City Council Meeting Minutes 29 It was noted on page three, line 11, it should state, “Anderson stated that he spoke with 30 two members of the Metropolitan Council who applauded the City for being number one 31 in line with a well written plan the first city to present a new Comprehensive Plan. He 32 stated that he believes that the suggested language is very well written by staff and 33 supports the that language as proposed by staff.” On page three, line 33, it should state, 34 “He noted that the Met Council there is a forecasted a population increase of $700,000 35 700,000 people in the seven-county metro area by 2040.” On page three, line 41, it 36 should state, “…a focus in Minnesota on holding onto the water rather than passing it on 37 letting it leave the state.” 38 39 Moved by Anderson, seconded by Pederson, to approve the January 16, 2018 regular 40 City Council meeting minutes as amended. Motion passed unanimously. 41 42 V. CONSENT AGENDA (7:03 p.m.) 43 44 A. Approve 2018 Work Plan Goals 45 B. Reappoint Ella Kingsley and Lauren Lubenow as Youth Members to the 46 Medina Park Commission 47 Moved by Pederson, seconded by Anderson, to approve the consent agenda. Motion 48 passed unanimously. 49 50 Medina City Council Meeting Minutes 2 February 7, 2018 VI. COMMENTS (7:03 p.m.) 1 2 A. Comments from Citizens on Items not on the Agenda 3 There were none. 4 5 B. Park Commission 6 Scherer reported that the Park Commission met on January 17th at which time the 7 officers for 2018 were elected and the subcommittees were created. He stated that the 8 Commission also discussed goals and will hold the annual park tour during the May Park 9 Commission meeting. 10 11 C. Planning Commission 12 Finke reported that the Planning Commission met on January 18th to review the two 13 items which the Council will consider tonight and advised that the Planning Commission 14 recommended approval on both items. He stated that the Commission re-elected the 15 same slate of officers from the previous year. He stated that the Commission will meet 16 again next Tuesday to review the residential zoning districts, to ensure the ordinances 17 are in compliance with the draft Comprehensive Plan. He stated that the Commission 18 will also review the Planning Department’s 2018 Work Plan. 19 20 Mitchell stated that he spoke with Finke regarding the most recent revisions to the draft 21 Plan that have been resubmitted to the Metropolitan Council and received confirmation 22 from staff that comments from the Met Council, in response to the revisions, are 23 anticipated within the next week. 24 25 VII. NEW BUSINESS 26 27 A. Ordinance No 629 Regarding Required Building Materials in the 28 Commercial Zoning Districts; Amending Chapter 8 of the City Code (7:06 29 p.m.) 30 Finke presented a request for an ordinance amendment which would add fiber cement 31 architectural panels in limited situations. He reviewed the existing limitations for building 32 materials and compared that to the proposed regulation which would allow the fiber 33 cement architectural panels, only over existing structures which meet the previous 34 building material standards. He explained that this would allow a building to be updated 35 in a more economic manner. He noted that the panels can mimic many different 36 materials. He stated that the proposed language suggests a number of limitations and 37 summarized the proposed limitations. He stated that the applicant is proposing a 38 specific brand of the product, which is twice as thick as other fiber cement panels. He 39 noted that staff consulted the City’s building expert and no concerns were raised. He 40 advised that fiber cement products have been added as allowed building materials in 41 some zoning districts. He stated that a majority of neighboring communities allow fiber 42 cement panels as an accent material, and one neighboring community allows this 43 specific brand of fiber cement panels as a primary building material. He reported that 44 the Planning Commission held a public hearing at their January meeting and 45 recommended unanimous approval. He noted that some Commissioners expressed a 46 desire to look at allowing the material more broadly in additional zoning districts. 47 48 Mitchell asked if the panels would be vertical or horizontal. It was confirmed that the 49 panels would be installed in both directions. 50 51 Medina City Council Meeting Minutes 3 February 7, 2018 Anderson asked, and received confirmation, that the material would be 5/8 of an inch. 1 2 Mitchell stated that years ago when this material was considered, a primary concern was 3 installation and whether that would be done properly. 4 5 Holly Burly, project architect, stated that she spoke with the representative for the 6 material and this brand of fiber cement product has been in existence for 60 years and 7 has been used throughout the Midwest for many years. She noted that her firm has a 8 few installers that they use and are very confident in their abilities and knowledge of the 9 proper installation process. She stated that the product manufacturer also provides the 10 opportunity to have a trainer come to the site and provide onsite training for the 11 installation. She stated that this brand has always used the 5/8 of an inch width. 12 13 Cousineau asked if there is longevity to this brand of siding. 14 15 Burly replied that the finish has a warranty of 15 years and if refinished, the warranty 16 would be extended. She noted that if there is damage to one panel, that panel can be 17 removed and replaced. She stated that the installer has stated that in his 15 years he 18 has only had to replace one panel. She noted that they have found that the 5/8 of an 19 inch cement board panel is far superior to the 5/16 of an inch panel product in terms of 20 durability and longevity. 21 22 Pederson asked for information on the warranty. 23 24 Burly replied that the warranty on the finish is 15 years. 25 26 Pederson asked if the material can be repainted. 27 28 Burly replied that the product is manufactured in Japan and the custom paint is sent to 29 another plant and the material is painted after the manufacturing. She stated that the 30 finish will be applied in production but confirmed that the material can be repainted. She 31 explained that if the material is refinished by an approved contractor, the warranty can 32 be extended. 33 34 Anderson asked for additional information on the structural safety element, specifically 35 the ability to support weight. 36 37 Finke stated that it is not necessarily a safety element, as all materials would need to be 38 structurally sound. He noted that stone or brick is heavier and therefore could require 39 their own structural footings while this material could be applied to the existing structure. 40 41 Mitchell stated that the Council knows this facility well and visited the site last fall. He 42 recognized that it is a unique site because of the location of Elm Creek and the 43 pedestrian entrance to the east. He stated that the west side looks rather plain and 44 requested that the applicant look at the west side and do the best they can to spruce up 45 that side as well. 46 47 Moved by Anderson, seconded by Pederson, to Adopt Ordinance No. 629 Regarding 48 Required Building Materials in the Commercial Zoning Districts; Amending Chapter 8 of 49 the City Code. Motion passed unanimously. 50 51 Medina City Council Meeting Minutes 4 February 7, 2018 1. Resolution No. 2018-08 Authorizing Publication of Ordinance No. 1 629 by Title and Summary 2 Moved by Anderson, seconded by Cousineau, to adopt Resolution No. 2018-08 3 Authorizing Publication of Ordinance No. 629 by Title and Summary. Motion passed 4 unanimously. 5 6 B. Maxxon – Lot Combination and Site Plan Review – 900 and 920 Hamel Road 7 (7:23 p.m.) 8 Finke presented the request from Maxxon to construct a 5,190-square foot addition 9 between the two structures that currently exist. He stated that the proposed addition 10 would straddle a property line and therefore there is an additional request to combine the 11 three lots owned by the applicant. He stated that the property is subject to a maximum 12 hardcover limitation of 25 percent and advised that the existing property already exceeds 13 that limitation. He stated that the applicant proposed to covert some of the parking lot 14 into a pervious, grass pave surfacing, which would offset the area of the addition. He 15 displayed the different elevations proposed and stated that the Site Plan is for the 16 addition, which complies with the building materials allowed by the zoning district. He 17 advised that the applicant is proposing to recover the sides of the existing building with 18 the recently approved fiber cement panels. He advised that various parts of the existing 19 buildings do not meet current setbacks, or elements of the zoning district, but explained 20 that the addition would meet the required setbacks and requirements of the zoning 21 district and therefore this action would not make the existing situation worse. He 22 reviewed the modulation, the use of glass, and multi-sided architecture requirements. 23 He reviewed the parking requirements and stated that the parking lot is often 24 underutilized as it is today. He noted that staff would want to ensure that the standards 25 are still met in case the user were to change. He stated that the applicant owns the 26 property west of Hickory Drive and will provide proof of parking on that site, which would 27 accommodate the additional footage. 28 29 Pederson referenced the shared parking and asked if that would be similar to what was 30 done on Tower Drive. 31 32 Finke stated that staff is still working with the applicant and the document will be 33 reviewed by Batty. 34 35 Batty stated that an easement does not work and therefore a covenant, or something 36 similar, will be developed which will cover all aspects of providing that parking, should it 37 be necessary and would also prohibit the sale, or alienation, of that property from the 38 subject property. He stated that he is confident that a document can be drafted that will 39 accommodate both measures. 40 41 Finke reported that the Planning Commission did review the request and recommended 42 approval of the Site Plan review and lot combination subject to the conditions discussed 43 and noted in the staff report. 44 45 Cousineau asked for details on grass pave. 46 47 Stremel explained that the material is a plastic grid system that comes in squares and 48 clicks together, which helps to keep the grass and roots stabilized and prevents the 49 grass and roots from being damaged when parking occurs on the surface. He stated 50 that it would provide structure for parking while still maintaining the grassed area. He 51 Medina City Council Meeting Minutes 5 February 7, 2018 identified the hatched area on the east side of the parking where this material would be 1 used. 2 3 Pederson stated that it appears that this would improve the current situation. 4 5 Stremel agreed that this would be a good application and would be an opportunity to 6 allow some of the stormwater from the parking area to infiltrate through the grass area. 7 8 Finke agreed that the grass pave would provide a stormwater benefit in addition to 9 offsetting the hardcover from the addition. 10 11 Mitchell referenced conditions three and four, related to parking. He suggested that the 12 language require the owner record a permanent parking agreement. 13 14 Moved by Cousineau, seconded by Anderson, to direct staff to prepare a resolution 15 approving the proposed lot combination. Motion passed unanimously. 16 17 Moved by Cousineau, seconded by Anderson, to direct staff to prepare a resolution 18 approving the Maxxon Site Plan Review, subject to the conditions noted in the staff 19 report and the minor revision as noted by Mitchell. 20 21 Further Discussion: Pederson commended staff for working with this existing business 22 that has been in Medina for many years, to find a compromise that will allow the building 23 to be updated. 24 25 Johnson agreed that Finke and Scherer have done an excellent job working with the 26 applicant on this project and the road project. 27 28 Mitchell agreed that the City is very happy with Maxxon and to have the business in 29 Medina. 30 31 Motion passed unanimously. 32 33 VIII. CITY ADMINISTRATOR REPORT (7:42 p.m.) 34 Johnson reported that the Council will need to call for a special meeting on March 8th at 35 7:30 a.m. for the 2018 Business Forum and Business Tours. He stated that the 36 businesses for the tour have not yet been chosen and staff is open to suggestions from 37 the Council. 38 39 Moved by Cousineau, seconded by Pederson, to call for a special City Council meeting 40 on March 8, 2018 at 7:30 a.m. for the 2018 Business Forum and Business Tours. 41 Motion passed unanimously. 42 43 Johnson stated that the Elm Creek Watershed District has roughly $1,400,000 in 44 projects planned for 2018 but noted that the Watershed District has a cap of $500,000 45 for its annual CIP. He explained that the Watershed is asking for approval to go over its 46 cap and therefore he has requested additional details on the proposed projects. He 47 noted that once he receives the additional information, he will bring that forward to the 48 Council. 49 50 IX. MAYOR & CITY COUNCIL REPORTS (7:44 p.m.) 51 Medina City Council Meeting Minutes 6 February 7, 2018 Anderson noted that earlier in the day he attended the Long Lake Fire Department 1 quarterly review and advised that the organization did a great job outlining the services 2 provided to Medina in 2017 and the plans for 2018. 3 4 Cousineau reported that she attended the Freeze Your Buns event this past weekend 5 and commended the Police and Fire Department members that attended the event. 6 7 Mitchell noted that an employee from Polaris recently took part in the 135-mile event in 8 northern Minnesota. He proposed that the City write a letter to the employee and 9 recognize her incredible accomplishment. 10 11 Mitchell commented that the goal session on January 16th between staff and the Council 12 went well. He stated that a quality product was developed, and the Council is lucky to 13 have this process and the great staff members. He commented that the Medina police 14 department contributed in support of the Super Bowl and thanked the department for 15 their contribution. He stated that in the last few years the finance department has been 16 improved, as well as the metrics used for comparison purposes. He stated that the audit 17 is in process and additional data will be provided, as suggested the previous year. He 18 stated that the previous summer, an analysis was done regarding employee salaries and 19 the rate of increase as compared to other entities. He noted that employee benefits will 20 be added into the analysis this year which will provide the total cost per employee. 21 22 X. APPROVAL TO PAY THE BILLS (7:50 p.m.) 23 Moved by Anderson, seconded by Pederson, to approve the bills, EFT 004469E-24 004497E for $1,841,035.18 and order check numbers 046854-046928 for $214,189.92 25 and payroll EFT 0508424-0508450 for $51,982.80. Motion passed unanimously. 26 27 XI. ADJOURN 28 Moved by Anderson, seconded by Cousineau, to adjourn the meeting at 7:50 p.m. 29 Motion passed unanimously. 30 31 32 __________________________________ 33 Bob Mitchell, Mayor 34 Attest: 35 36 ____________________________________ 37 Jodi Gallup, City Clerk 38 MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: February 13, 2018 MEETING: February 20, 2018 SUBJECT: Lawn & Grounds Services Agreement The Public Works Department sent out proposal documents to eight different businesses this year for the 2018-2020 Lawn and Grounds Services contract. We received five proposals back, with Shaggies Lawn Care coming through once again as the low quote. The following proposals were received for the 2018-2020 Lawn and Grounds Removal Services: Per Hour Rate Flat Rate per Season 1. Shaggies Lawn Care $45.00 $40,825.00 2. Jim’s Lawn & Landscape $55.00 $42,100.50 3. West Metro Lawn Maintenance $50.00 $44,375.00 4. Designing Nature Inc. $50.00 $44,515.33 5. Ditsch Lawn & Landscape $108.00 $122,591.19 We recommend accepting the 2018-2020 Lawn and Grounds Contract with Shaggies Lawn Care, as they are the lowest “Flat Rate per Season” quote, with a final total of $40,825 and have done a good job for the City over the last two years. Agenda Item # 5A 1 LAWN AND GROUNDS SERVICES This Agreement is made this 20th day of February 2018, by and between Shaggies Lawn Care, 4032 Jason Avenue NE, St. Michael, MN 55376, a Minnesota corporation (the “Contractor”) and the City of Medina, a Minnesota municipal corporation (the “City”). Recitals 1. The City has been authorized to enter into a contract for lawn and grounds removal services; and 2. The City has approved the contract for lawn and grounds services with the Contractor; and 3. The parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform lawn and grounds services for the City. “Lawn and Grounds Services” will consist of lawn mowing, trimming around all permanent obstacles (careful not to harm trees), clearing off walks and drives with blower after mowing, weed- whipping curbs and edges of sidewalks and under fences and benches; as well as picking up paper and debris prior to mowing. A small push mower must be used in sensitive areas near buildings. These services shall occur on a weekly basis from April 16th – October 19th (or as determined by the Public Works Director) in the areas listed in 3.0, and marked on Exhibit A. The t-ball backstop open field and ball fields at Hamel Legion Park and Hunter Lions Park (shown on Exhibit B), as well as Morningside Park, shall be mowed twice a week until July 31st, then weekly. In order to assist with the league schedule, the City requests that the mowing be performed on Mondays and Thursdays early in the day for the twice a week mowing (unless otherwise notified), and Mondays early in the day for the once a week mowing, weather permitting. The Contractor will also perform Spring & Fall clean-ups consisting of picking up debris/leaves at Walnut Park/drainage area, Morningside Park, Hunter Lions Park, Public Works/Police Facility (Exhibit C) and City Hall. 2.0. TERM. The term of this contract will be from April 1, 2018 to April 1, 2020. 3.0 COMPENSATION. The City shall compensate the Contractor in the amount of $40,825 per season year, which includes sales tax. Any non-contract requests for lawn and grounds removal services by the Public Works Director will be billed to the City separately at a rate of $45 per hour. Lawn and grounds services, described in 1.0 above, will be provided by the Contractor on the City- owned sites listed below and shown on EXHIBIT A, including approximate mowable acres for each: 1. Hamel Legion Park, 3200 Mill Drive a. Ball fields & T-ball open field (Exhibit B) $_10,000__ b. Remainder of property (29 Acres for both) $__6,000__ 2. Hunter Lions Park (Exhibit B) (4 Acres) $__4,200__ 3. Park at Fields of Medina (6.1 Acres) $__2,600__ 4. Morningside Park (2.4 Acres) $__1,600__ 5. Holy Name Park (1.5 Acres) $__1,050__ 2 6. Lakeshore Park (.62 Acres) $__1,050__ 7. Maple Park (2.5 Acres) $__2,100__ 8. Rainwater Nature Area (.75 Acres) $__1,050__ 9. Walnut Park/Drainage Area (.48 Acres) $__2,300__ 10. City Hall (3 Acres) $__2,100__ 11. Public Works/Police Facility (Exhibit C) (1.75 Acres) $_____725__ 12. Hamel Water Treatment Plant (.51 Acres) $____725__ 13. Hamel Well House #1 (.72 Acres) $____725__ 14. Hamel Well House #2 (.30 Acres) $____500__ 15. Well #8 (4295 Brockton Ln) (.1 Acres) $____200__ 16. Willow Drive Water Tower (.60 Acres) $____500__ 17. Independence Beach Well House (.50 Acres) $____500__ 18. Sioux Drive Roadway Strip (.10 Acres) $____200__ 19. Evergreen Road Boulevard Strip (.10 Acres) $____200__ 20. Area by Holiday Station (.54 Acres) $____500__ 21. German Liberal Cemetery (See Addendum) $___2,000__ ___________ TOTAL PER YEAR (including sales tax): (Approximately 55.57 mowable acres) $__40,825__ 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER’S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 3 6.02 The Contractor will provide its own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance under this Agreement. 8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 9.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 10.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 11.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 12.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By _____________________________ Bob Mitchell, Mayor By ______________________________ Jodi M. Gallup, City Clerk _______________________________ (CONTRACTOR) By ______________________________ 4 ____________, Owner Hamel Legion Park City Hall Holy Name Park Hunter Lions Park Maple Park Medina Morningside Park Walnut Park Lakeshore Park Park at Fields of Medina HAMEL PIONEER H O M E S T E A D PARKVIEW WILLOW COUNTY ROAD 19 MEDINA NAVAJO HIGHWAY 55 TAMARACK CHESTNUT COUNTY ROAD 24 ARR O W HEAD HUNTER CHEYENNE BROCKTON H O L Y N A M E HACKAMORE H O L L Y B U S H MORNINGSIDE COUNTY ROAD 19 HIGHWAY 55 TAMARACK M E D I N AMEDINAWILLOW COUNTY ROAD 24 TO M AH A W K CHIPPEWA CHIPPEWA COUNTY ROAD 101 COUNTY ROAD 116 MOHAWK ARROWHEAD COUNTY ROAD 11 CLYDESDALE C LYD ES D AL E EVERGREEN HUNTER COUNTY ROAD 19 H A M E L WIL LOW P I O N E E R W I L L O W HAMEL HIGHWAY 55 Map Date: February 5, 2016 Scale: 1:30,000 [ City of Medina 0 0.5 10.25 Mile Mowing Contract Parcels MEDINA_Parcels_Nov2015 Exhibit A Willow Drive Water Tower Well #1 Well #2 Sioux Drive Roadway Strip Water Treatment Plant IB Wellhouse Police/PW Facility Rainwater Preserve Exhibit B Hamel Legion Park Ball Fields Ball Field Play Area Ball Field Play Area Open Field Area For T-ball Backstops Ball Field Play Area Br o c k t o n L a n e Hu n t e r D r i v e Hunter Lions Park Ball Field WOE S :i )proximately 1 .75 acres of to Copyright ©2007 Pictometry I nternati onal Corp . Average Scale: 1 in ch = 76.3 feet LAWN AND GROUNDS SERVICES SCOPE OF SERVICES & SUBMITTED PROPOSALS Proposal Submitted By: Le, Ltn C` i .� j aDY7 Address: 47/0,i) ()0.5sOn O, 1 , s*. G�'1a r n-nt) 5-53-7 (.0 Phone: —71.0 b3 3 E-mail: [3-m i -C, - (t+- @ Lrocr) . CCU r Please return proposals to City of Medina Public Works Director Steve Scherer by 10:00 a.m. Monday, February 12, 2018. Proposed Terms 1.0 SCOPE OF SERVICES. The Contractor will perform lawn and grounds services for the City. "Lawn and Grounds Services" will consist of lawn mowing, trimming around all permanent obstacles (careful not to harm trees), clearing off walks and drives with blower after mowing, weed - whipping curbs and edges of sidewalks and under fences and benches; as well as picking up paper and debris prior to mowing.,A small push mower must be used in sensitive areas near buildings. These services shall occur on a weekly basis from April 16th — October 19th (or as determined by the Public Works Director) in the areas listed in 3.0, and marked on Exhibit A. The t -ball backstop open field and ball fields at Hamel Legion Park and Hunter Lions Park (shown on Exhibit B), as well as Morningside Park, shall be mowed twice a week until July 31st, then weekly. In Border to assist with tlaglogue schedule, the City requests that the mowing be performed on Mondays and Thursdays early in the day for the twice a week mowing (unless otherwise notified), and Mondays early in the day for the once a week mowing, weather permitting. The Contractor will also perform Spring & Fall clean-ups consisting of picking up debris/leaves at Walnut Park/drainage area, Morningside Park, Hunter Lions Park, Public Works/Police Facility (Exhibit C) and City Hall. 2.0. TERM. The term of this contract will be from April 1, 2018 to April 1, 2020. 3.0 COMPENSATION. The City shall compensate the Contractor in the amount of $ LI 01825, per season year, which includes sales tax. Any non -contract requests for lawn and grounds removal services by the Public Works Director will be billed to the City separately at a rate of $ 415, per hour. Lawn and grounds services, described in 1.0 above, will be provided by the Contractor on the City -owned sites listed below and show on EXHIBIT A, including approximate mowable acres for each: 1. Hamel Legion Park, 3200 Mill Drive a. Ball fields & T -ball open field (Exhibit B) b. Remainder of property (29 Acres for both) 2. Hunter Lions Park (Exhibit B) (4 Acres) 3. Park at Fields of Medina (6.1 Acres) 4. Morningside Park (2.4 Acres) 5. Holy Name Park (1.5 Acres) 6. Lakeshore Park (.62 Acres) $/ 0 vOo.- $ (o, 000, $ 4/,2p0•' $ (000 .— $ I, lobo. $ 1, 03-b.— $ 11 o5t.- 1 7. Maple Park (2.5 Acres) 8. Rainwater Nature Area (.75 Acres) 9. Walnut Park/Drainage Area (.48 Acres) 10. City Hall (3 Acres) 11. Public Works/Police Facility (Exhibit C) (1.75 Acres) 12. Hamel Water Treatment Plant (.51 Acres) 13. Hamel Well House #1 (.72 Acres) 14. Hamel Well House #2 (.30 Acres) 15. Well #8 (4295 Brockton Ln) (.1 Acres) 16. Willow Drive Water Tower (.60 Acres) 17. Independence Beach Well House (.50 Acres) 18. Sioux Drive Roadway Strip (.10 Acres) 19. Evergreen Road Boulevard Strip (.10 Acres) 20. Area by Holiday Station (.54 Acres) 21. German Liberal Cemetery (See Addendum) TOTAL PER YEAR (including sales tax): (Approximately 55.57 mowable acres) 4.0 INDEPENDENT CONTRACTOR. $ ,00.-- $ $c,30.- $ 10o. - $ 7a, $ -70'5.-- $ 705. $ 5t0. $ a o $ 5-0D $O $0oo $5 -cc 4 - $ LIC 5. - 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker's compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which maybe payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER'S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker's compensation statute as an independent contractor before commencing work under this Agreement. 2 6.02 The Contractor will provide its own worker's compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney's fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor's performance under this Agreement. 8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 9.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 10.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 11.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 12.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By Bob Mitchell, Mayor By Jodi M. Gallup, City Clerk (CONTRACTOR) By /�x�►►t �„fo�,��•� , Owner 3 ADDENDUM TO LAWN AND GROUNDS SERVICES CEMETERY OPERATION AND MAINTENANCE SERVICES SCOPE �O� F SERVICES &1 SUBMITTED PROPOSALS Proposal Submitted By: o,.d�t (cast , l � �•. i . A �Jr t4. � C3v"4) Address: t-i � 40:ses-ks.11 l 1 fz E� � 5 ) 4 Phone: Lio E-mail: JC,.mi Please return proposals to City of Medina Public Works Director Steve Scherer by 10:00 a.m. Monday, February 12, 2018. Proposed Terms NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the parties agree as follows: 1. Operation and Maintenance. The Custodian will provide and will be fully responsible for providing the following operational and maintenance services at the Cemetery: (a) Mowing the lawn and trimming around fences, monuments, or other fixtures every week, from April 15 to October 15 (26 weeks); (b) Implementing the City's decoration policies and regulations as defined in City Code Section 530, Subd. 19; (c) General grounds clean-up of brush or other debris that may become unsightly or obstretions to operations or enjoyment of the Cemetery; and, 3. Other General Requirements. - (a) The Custodian shall provide a list of operating equipment that will be used in the performance of their required activities in the Cemetery; 4. Independent Contractor. (a) Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker's compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which maybe payable by the Contractor. 1 (b) The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. (c) The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5. Insurance. The City shall insure the Cemetery as it does all of its other property. The Custodian will be responsible for insuring any and all of its personal property brought to the Cemetery. 6. Indemnification. The Custodian hereby agrees to defend, indemnify and hold harmless the City, its officials, agents, and employees from and against all claims, damages, losses, and expenses, including attorney fees arising out of or resulting from the performance of operation and maintenance services under this Agreement by the Custodian, its officers, employees, members and agents. The Custodian agrees to maintain adequate insurance against such claims for this purpose and to name the City as an additional insured. Nothing herein shall be construed as waiving any statutory limitation on liability available to the City. 7. Term of contract. This Agreement covers the period June 20 through October 15, 2017. 8. Termination. Either party may terminate this Agreement for any reason upon 60 days written notice to the other party. 9. Assignment. The Custodian shall not assign all or any portion of this Agreement without the City's prior written consent, which consent the City may withhold at its sole discretion. 10. Governing law. This Agreement shall be governed by and construed in accordance with the laws of Minnesota. 11. Integration. This Agreement represents a complete and final agreement of the parties and may be supplemented, amended or terminate only by a separate written agreement of the parties, 12. Notice. Any notice required by this Agreement shall be effective and deemed given if made by personal service or by deposit in the U.S. mail, postage prepaid, and sent to: (a) As to the City: (b) As to the Custodian: City of Medina 2052 County Road 24 Medina, Minnesota 55340 Attention: City Clerk IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. 2 CITY OF MEDINA By: Bob Mitchell, Mayor By: Jodi Gallup, City Clerk , Owner 3 MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: February 13, 2018 MEETING DATE: February 20, 2018 SUBJECT: Weed Control and Fertilization Proposals The City sent out proposals for the 2018 & 2019 Weed Control and Fertilization Services. The following two proposals were received: EARLY SPRING LATE FALL Nitro Green $15,567 $15,567 Scott’s Lawn Care Inc. $16,320 $16,320 The prices above also include the extra service at Hamel Legion Park in the early spring and late fall. We recommend accepting the Nitro Green quote for Weed Control and Fertilization for 2018 & 2019. Nitro Green is not only the lower quote, but in checking on references for the company, we received a very good report from the City of Wayzata about Nitro Green and the great weed control and fertilization service they have been providing. Agenda Item # 5B 1 WEED CONTROL AND FERTILIZATION SERVICES AGREEMENT This Agreement is made this 20th day of February 2018 by and between Nitro Green, P.O. Box 41, Maple Plain, MN 55359, a Minnesota corporation (the “Contractor”) and the city of Medina, a Minnesota municipal corporation (the “City”). Recitals 1. The City has been authorized to enter into a contract for weed control and fertilization services; and 2. The City has approved the contract for weed control and fertilization services with the Contractor; and 3. The parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform weed control and fertilization services in late spring and early fall for the City on the properties listed in 3.0, as well as an extra early spring and late fall service for Hamel Legion Park. Contractor will notify the Public Works Director or designee when spraying will take place and may be asked to show product analysis. “Weed control and fertilization services” must be the same or comparable to the following fertilizer and herbicide stipulations, after approval by the Public Works Director: 1.1 Hamel Legion Park – Ballfields and all other green space: • Early Spring applications: (4/15-5/15) o 19-0-5 @ .75# of Nitrogen per 1000/Sq ft / 25-30% SCU or PCSCU Minimum, w/.10 Dimension • Late Spring applications: (5/15-6/15) o .75# of Nitrogen/.20% Potassium per 1000/Sq Ft o .1.0-1.5 ounces per 1000/Sq Ft - low order 2.4D w/Surfactant (liquid) • Early Fall: (August-September) o .75# of Nitrogen/.20% Potassium per 1000/Sq ft o 1.0-ounces per 1000/Sq Ft - low order 2.4D w/Surfactant (liquid) • Late Fall: (September-October) o 25-0-5 @ .75# of Nitrogen per 1000/Sq ft - - 50% SCU (Broadleaf as needed) 1.2 All Other Sites (listed below in 3.0 COMPENSATION) 2 • Late Spring: o 1.0# Nitrogen/.25% Potassium per 1000/sq ft o 1.0-1.5 ounces per 1000/Sq Ft - low order 2.4D w/Surfactant (liquid) • Early Fall: o 1.0# Nitrogen/.25% Potassium per 1000/sq ft o 1.0-1.5 ounces per 1000/Sq Ft - low order 2.4D w/Surfactant (liquid) * The City will also accept one add alternate per proposed contract submittal for environmentally sensitive applications. 2.0. TERM. The term of this contract will be for 2018 and 2019. 3.0 COMPENSATION. The City shall compensate the Contractor for weed control and fertilization services in the spring at a rate of $15,567 and in the fall at a rate of $15,567 (which also includes the extra early spring and late fall service for Hamel Legion Park), provided by the Contractor on the City-owned sites listed below and shown on Exhibits A, B, and C, at the price quoted. Any non-contract request for weed control or fertilization by the Public Works Director will be billed to the City separately at a rate of $75 per hour for application only, with additional compensation for the actual product used. The City is exempt from sales tax. 1. Hamel Legion Park, 3200 Mill Drive a. Ball fields (Exhibit B) b. All other Greenspace (Exhibit B) 2. Morningside Park 3. Holy Name Park 4. Hunter Lions Park (Exhibit B) 5. Lakeshore Park 6. Maple Park 7. Rainwater Nature Area 8. Walnut Park/Drainage Area 9. City Hall 10. Public Works/Police Facility (Exhibit C) 11. Hamel Water Treatment Plant 12. Hamel Well House #1 13. Hamel Well House #2 14. Willow Drive Water Tower 15. Independence Beach Well House 16. Sioux Drive Roadway Strip 17. Evergreen Road Boulevard Strip 18. Area by Holiday Station 19. German Liberal Cemetery 20. Park at Fields of Medina 21. Well #8 * The City has the right to delete any of the above properties, and will notify the Contractor before final contracts are signed. 3 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER’S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance under this Agreement. 8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 9.0 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota Government Data Practices Act (the “Act”) and all other applicable state and federal laws relating to data privacy or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by the Contractor in performing its obligations is subject to the requirements of the Act, and the 4 Contractor must comply with the requirements of the Act as if the Contractor was a government entity. 10.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 13.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By _____________________________ Bob Mitchell, Mayor By ______________________________ Jodi M. Gallup, City Clerk NITRO GREEN By ______________________________ David Bartel, Owner Hamel Legion Park City Hall Holy Name Park Hunter Lions Park Maple Park Medina Morningside Park Walnut Park Lakeshore Park Park at Fields of Medina HAMEL PIONEER H O M E S T E A D PARKVIEW WILLOW COUNTY ROAD 19 MEDINA NAVAJO HIGHWAY 55 TAMARACK CHESTNUT COUNTY ROAD 24 ARR O W HEAD HUNTER CHEYENNE BROCKTON H O L Y N A M E HACKAMORE H O L L Y B U S H MORNINGSIDE COUNTY ROAD 19 HIGHWAY 55 TAMARACK M E D I N AMEDINAWILLOW COUNTY ROAD 24 TO M AH A W K CHIPPEWA CHIPPEWA COUNTY ROAD 101 COUNTY ROAD 116 MOHAWK ARROWHEAD COUNTY ROAD 11 CLYDESDALE C LYD ES D AL E EVERGREEN HUNTER COUNTY ROAD 19 H A M E L WIL LOW P I O N E E R W I L L O W HAMEL HIGHWAY 55 Map Date: February 11, 2016 Scale: 1:30,000 [ City of Medina 0 0.5 10.25 Mile Fertilization/Weed Control Parcels Exhibit A Willow Drive Water Tower Well #1 Well #2 Sioux Drive Roadway Strip Water Treatment Plant IB Wellhouse Police/PW Facility Rainwater Preserve German Liberal Cemetery Exhibit B Hamel Legion Park and Ball Fields Ball Field Play Area Ball Field Play Area All greenspace in and around the Community Building and the park as a whole. Ball Field Play Area Br o c k t o n L a n e Hu n t e r D r i ve Hunter Lions Park Ball Field WOE S :i )proximately 1 .75 acres of to Copyright ©2007 Pictometry I nternati onal Corp . Average Scale: 1 in ch = 76.3 feet WEED CONTROL AND FERTILIZATION SCOPE OF SERVICES & SUBMITTED PROPOSALS Proposal Submitted By: \ VP Address: Phone: E-mail: \VA a,`tkkit C-9-rf\ Please return proposals to Steve Scherer, Public Works Director, at the City of Medina by 10:00 a.m. Monday, February 12, 2018. Proposed Terms 1.0 SCOPE OF SERVICES. The Contractor will perform weed control and fertilization services for the City on the properties listed in 3.0 COMPENSATION. Contractor will notify the Public Works Director or designee when spraying will take place and may be asked to show product analysis. "Weed control and fertilization services" must be the same or comparable to the following fertilizer and herbicide stipulations, after approval by the Public Works Director: 1.1 Hamel Legion Park — Ballfields and all other green space: • Early Spring applications: (4/15-5/15) o 19-0-5 @ .75# of Nitrogen per 1000/Sq ft / 25-30% SCU or PCSCU Minimum, w/.10 Dimension • Late Spring applications: (5/15-6/15) o .75# of Nitrogen/.20% Potassium per 1000/Sq Ft o .1.0-1.5 ounces per 1000/Sq Ft - low order 2.4D w/Surfactant (liquid) • Early Fall: (August -September) o .75# of Nitrogen/.20% Potassium per 1000/Sq ft o 1.0 -ounces per 1000/Sq Ft - low order 2.4D w/Surfactant (liquid) • Late Fall: (September -October) o 25-0-5 @ .75# of Nitrogen per 1000/Sq ft - - 50% SCU (Broadleaf as needed) 1.2 All Other Sites (listed below in 3.0 COMPENSATION) • Late Spring: o 1.0# Nitrogen/.25% Potassium per 1000/sq ft o 1.0-1.5 ounces per 1000/Sq Ft - low order 2.4D w/Surfactant (liquid) • Early Fall: o 1.0# Nitrogen/.25% Potassium per 1000/sq ft o 1.0-1.5 ounces per 1000/Sq Ft - low order 2.4D w/Surfactant (liquid) * The City will also accept one add alternate per proposed contract submittal for environmentally sensitive applications. 1 2.0. TERM. The term of this contract will be for years 2018 and 2019. 3.0 COMPENSATION. The City shall compensate the Contractor for weed control and fertilization services provided by the Contractor on the City -owned sites listed below and shown on Exhibits A, B, and C, at the price quoted. Any non -contract request for weed control or fertilization by the Public Works Director will be billed to the City separately at a rate of $75 per hour. The City is exempt from sales tax. Early Spring Late Fall A. Hamel Legion Park, 3200 Mill Drive - All greenspace - Hamel Legion Park $_5,278 $_5,278_ (Exhibit B) (Approx. 29 Acres for all of Hamel Legion Park) Late Spring Early Fall (Exhibit B) - All greenspace - Hamel Legion Park $_5,278_ $_5,278_ B. Morningside Park (2.4 Acres) $ 437 $ 437_ C. Holy Name Park (1.5 Acres) $ 273 $ 273_ D. Hunter Lions Park (4 Acres) $ 728 $ 728_ E. Lakeshore Park (.62 Acres) $ 113 $ 113_ F. Maple Park (2.5 Acres) $ 455_ $ 455_ G. Rainwater Nature Area (.75 Acres) $ 137 $ 137 H. Walnut Park/Drainage Area (.48 Acres) $ 87 $ 87 H. City Hall (3 Acres) $_546 $ 546 I. Public Works/Police Facility (Exhibit C) (1.75 Acres) $ 319 $ 319_ I. Hamel Water Treatment Plant ((.51 Acres) $ 93 $ 93 J. Hamel Well House #1 (.72 Acres) $ 131 $ 131_ K. Hamel Well House #2 (.30 Acres) $ 55 $ 55 L. Willow Drive Water Tower (.60 Acres) $ 109 $ 109 M. Independence Beach Well House (.50 Acres) $ 91 $ 91 N. Sioux Drive Roadway Strip (.10 Acres) $ 35 $ 35 O. Evergreen Road Boulevard Strip (.10 Acres) $ 35 $ 35 P. Area by Holiday Station (.54 Acres) $ 98 $ 98 Q. German Liberal Cemetery (.68 Acres) $ 124 $ 124_ R. Well #8 (.1 Acre) $ 35 $ 35 S. Park at Fields of Medina (6.1 Acres) $ 1,110 $ 1,110 TOTAL PER YEAR (Approximately 56.25 sprayable acres) $ 15,567 $ 15,567 * The City has the right to delete any of the above properties, and will notify the Contractor before final contracts are signed. 2 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker's compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER'S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker's compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker's compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney's fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor's performance under this Agreement. 8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. A Commercial Pesticide Applicator License is required and all guidelines of that license from the Department of Agriculture must be adhered to. 9.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 3 10.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 11.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 12.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By Bob Mitchell, Mayor By Jodi M. Gallup, City Clerk 4 MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: February 13, 2018 MEETING: February 20, 2018 SUBJECT: Portable Sanitation Services Agreement Every year the City has provided portable sanitation units in City parks. The majority of the units are put in the parks approximately April 15th, and are removed in the middle of October. The exceptions are the units at Morningside Park and Maple Park, which are left up year-round and the two fields at Hamel Legion Park that only get played on until the middle of July. The list of parks where the units will be located and the dates they will be available are as follows: • Hamel Legion Park 2 Units (2- ADA Units – April 15 to July 15) • Hamel Legion Park 1 Unit (Paul Fortin Field – April 15 to Oct. 15) • Hunter Lions Park 1 Unit (April 15 to October 15) • Holy Name Park 1 Unit (April 15 to October 15) • Lakeshore Park 1 Unit (April 15 to October 15) • Morningside Park 1 Unit (Year Round) • Maple Park 1 Unit (Year Round 2018-2020 Portable Sanitation Quotes: Yearly Total Extra Unit Extra Service JIMMY’S JOHNNYS INC. $5,005.00 $65.00 $30.00 ON SITE SANITATION $5,473.00 $65.00 $35.00 SCHLOMKA’S RESTROOMS $5,775.00 $60.00 $15.00 Since the City has never used Jimmy’s Johnnys Sanitation Units before, we got a few references from other cities, some who have used them for quite a few years, and got glowing reviews for appearance and reliability. My recommendation is to go with the low quote from Jimmy’s Johnnys Inc. for 2018-2020. Agenda Item # 5C 1 PORTABLE SANITATION SERVICES AGREEMENT This Agreement is made this 20th day of February 2018, by and between Jimmy’s Johnnys, 39578 Grand Avenue, North Branch, MN 55056, a Minnesota corporation (the “Contractor”) and the city of Medina, a Minnesota municipal corporation (the “City”). Recitals 1. The City has been authorized to enter into a contract for portable sanitation services; and 2. The City has approved the contract for portable sanitation services with the Contractor; and 3. The parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will provide Portable Sanitation Units to City parks designated on 3.0 COMPENSATION. The units will be placed in the parks approximately April 15th, and are to be removed by October 15th, a total of six months (unless otherwise noted in 3.0), with the exception of Morningside and Maple Park, which are left up year-round. The service on these units will occur on a weekly basis from April 15 – October 15 (or as determined by the Public Works Director) in the areas listed in 3.0, and marked on Exhibit A. 2.0. TERM. The term of this contract will be from April 1, 2018 to April 1, 2020. 3.0 COMPENSATION. The City shall compensate the Contractor in the amount of $5,005 per season year. The City is exempt from sales tax. Any non-contract requests for extra units or extra service to the units for special events by the Public Works Director will be billed to the City separately at a rate of $65 per extra unit, or $30 per extra service. Portable Sanitation services, described in 1.0 above, will be provided by the Contractor on the City-owned sites listed below. 1. Hamel Legion Park/ADA(Lighted field - April 15th - July 15th) 2. Hamel Legion Park/ADA(Outside four-plex - April 15th - July 15th) 3. Hamel Legion Park (Paul Fortin Field - April 15th - October 15th) 4. Morningside Park (year-round) 5. Maple Park (year-round) 6. Holy Name Park (April 15th - October 15th) 7. Hunter Lions Park (April 15th - October 15th) 8. Lakeshore Park (April 15th - October 15th) 9. Fields of Medina/ADA (April 15th - October 15th) 2 3.01 The Contractor shall pay for any licenses and permits. These costs shall be included in the bid cost. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER’S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance under this Agreement. 8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 9.0 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota Government Data Practices Act (the “Act”) and all other applicable state and federal laws relating to 3 data privacy or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by the Contractor in performing its obligations is subject to the requirements of the Act, and the Contractor must comply with the requirements of the Act as if the Contractor was a government entity. 10.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 13.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By _____________________________ Bob Mitchell, Mayor By _____________________________ Jodi M. Gallup, City Clerk JIMMY’S JOHNNYS By _____________________________ Rick Anderson, owner   Hamel Legion Park Home to Hamel Baseball Legend Parking No Parking Indoor Bathrooms Port-a-Potty Handicap Accessible Port-a-Potty No Parking is allowed in the Hamel  Community Building Parking Lot Additional Parking available in the  Municipal Lot Pa r k i n g  on  Br o c k t o n  is  da n g e r o u s !   PORTABLE SANITATION SERVICES SCOPE OF SERVICES & SUBMITTED PROPOSALS Proposal Submitted By: J 7 M n -t 1J 5 : c h ri 11\1 S. Address: 39 5 i •rnlid, A\!r fn,vtr �11 i\f 5C7(0 Phone: I, 5 I - 7 -1 1 - 3 (y j E-mail: Winnn y 5 c k -I r, r, y S : C G ry -1 Please return proposals to Steve Scherer, Public Works Director at City of Medina by 10:00 a.m. Monday, February 12, 2018. Proposed Terms 1.0 SCOPE OF SERVICES. The Contractor will provide Portable Sanitation Units to City parks designated on 3.0 COMPENSATION. The units will be placed in the parks approximately April 15th, and are to be removed by October 15th, a total of six months, unless otherwise noted below. The service on these units will occur on a weekly basis (or as determined by the Public Works Director) in the areas listed in 3.0, and marked on Exhibit A. 2.0. TERM. The term of this contract will be from April 1, 2018 to April 1, 2020. 3.0 COMPENSATION. The City shall compensate the Contractor in the amount of $ per season year. The City is exempt from sales tax. Any non -contract requests for extra units or extra service to the units for special events by the Public Works Director will be billed to the City separately at a rate of $ - per extra unit, or $ 3G per extra service. Portable Sanitation services, described in 1.0 bove, will be provided by the Contractor on the City -owned sites listed below. 1,,5 re, it 0-5 riQnrl 1. Hamel Legion Park/ADA(Lighted field - April 15th- July 15th) $ l -}bl•. 2.5 2. Hamel Legion Park/ADA(Outside four-plex - April 15th -July 15'") $ L-1 o 6 . 15 3. Hamel Legion Park (Paul Fortin Field - April 15'" - October 15th) $ y 2:7_ . °5 0 4. Morningside Park (year-round) $ q Lis. GC., 5. Maple Park (year-round) $ vu LI5 .6G 6. Holy Name Park (April 15'" - October 15"h) $ 1-0.2. . 50 7. Hunter Lions Park (April 15" h - October 15th) $ L\22 . 50 8. Lakeshore Park (April 15'" -October 15h") $y2_Z . SG 9. Fields of Medina/ADA (April 15'" - October 15th) $ S 12.. SG TOTAL PER YEAR: $ SGGS, GL 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and nol an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this 1 Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker's compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER'S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker's compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker's compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney's fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor's performance under this Agreement. 8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 9.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 10.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 11.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 12.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early. the City will pay a prorated fee for the services performed to date in that calendar year. IN WITNESS WHEREOF. the parties have executed this Agreement on the date and year written above. By CITY OF MEDINA Bob Mitchell. Mayor Jodi M. Gallup. City Clerk (CONTRACTOR) ---- By 3 12v IN A, er jt//a Owner January 22, 2018 Linda Lane City of Medina 2052 County Rd 24 Medina, MN 55340 Linda, Thank you for the opportunity to quote portable restrooms for the City of Medina for April 1st, 2018 through April 1st, 2020. Per your request, I have compiled a price list of the services our company can provide for the next two years. The below prices are per each 28 -day billing cycle. The prices do include once a week service. Regular Unit $65.00 ADA Unit $125.00 Hand Sanitizer Free Included Extra service/tipover charge per unit $30.00 Additional Standard Units for special events $65.00 Weekly servicing consists of pumping and sanitizing the toilet, thoroughly cleaning all toilet surfaces and replacing the toilet paper. We also offer increased assurance of excellent service with the addition of vehicle tracking systems in our service trucks. Using state-of-the-art GPS technology, we are able to guarantee your toilets are serviced as scheduled. Please feel free to visit our website www.iimmvsiohnnys.com If you have any questions or need further information regarding this quote or any of our services please give our office a call at 651-277-7368. Sincerely, Sara If this quote is acceptable please sign and send back via fax or email. Signature Date 39578 Grand Ave, North Branch, MN 55056 Office: 651-277-5912 * Fax: 651-277-5910 * www.JimmysJohnnys.com MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Superintendent DATE: February 13, 2018 MEETING DATE: February 20, 2018 SUBJECT: 2018/2020 Snow Removal Services for Hamel Community Building The City sent out proposals for the 2018/2020 Snow Removal Service at the Hamel Community Building to two companies and received back the following two proposals. The proposals included a 1-3 inch snowfall basic rate, as well as a percentage rate per inch for any snowfall over 3 inches. COMPANY 1-3” SNOWFALL BASIC RATE PERCENTAGE HUNZY’S LLC $85.00 12% DESIGNING NATURE $130.00 25% I recommend entering into a contract with Hunzy’s once again for the 2018/2020 Snow Removal Services at the Hamel Community Building, at the above quoted rate, as they have done a great job with the snow removal at the community building. Agenda Item # 5D 1 SNOW REMOVAL SERVICES AGREEMENT This Agreement is made this 20th day of February 2018, by and between Hunzy’s LLC, 23315 Larsen Road, Hamel, MN 55340, a Minnesota corporation (the “Contractor”) and the City of Medina, a Minnesota municipal corporation (the “City”). Recitals 1. The City has been authorized to enter into a contract for snow removal services; and 2. The City has approved the contract for snow removal services with the Contractor; and 3. The parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform snow removal services for the City. “Snow removal services” will consist of walk clearing and snow plowing services of parking lot at the Hamel Community Building, 3200 Mill Drive, as well as north entrance sidewalks, as identified in Exhibit A. Snowplowing and walk clearing services at Community Building shall occur when accumulation exceeds 1” (inch) as measured at site. Due to ongoing activities, the Community Building parking lot must be cleared by 8:00 a.m. 2.0. TERM. The term of this contract will be from April 16, 2018 to April 15, 2020. 3.0 COMPENSATION. The City shall compensate the Contractor in the basic rate amount of $85 per snowfall in excess of 1” but less than 3”. The City shall compensate the Contractor in the amount of an additional 12% of the basic rate amount, for each snowfall inch that exceeds 3”. Snowfall amounts shall be determined by the Contractor and verified by the City during review of the submitted invoices. Snow removal services will be provided by the Contractor at the Hamel Community Building, 3200 Mill Drive and Hamel Legion Park on Exhibit A attached hereto. 3.01 The Contractor shall pay for all licenses and permits. These costs shall be included in the bid cost. The City is exempt from sales tax. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 2 4.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER’S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance under this Agreement. 8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 9.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 10.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 11.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 12.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. 3 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By __________________________________ Bob Mitchell, Mayor By__________________________________ Jodi M. Gallup, City Clerk HUNZY’S LLC By____________________________ Owner N E S W Average Scale: 1 inch = 50.6 feet Copyright ©2007 Pictometry International Corp. SNOW REMOVAL - SCOPE OF SERVICES & SUBMITTED PROPOSALS Proposal Submitted By: Address: a 3 3 15 Phone #: 1-/c•ozys lJc JCL Q 1 %3- a5S- zigell rd Fax #: y/a r,-ze 1 A4 Contact Person: ,/ 1c it -I Pc, vv- Signature: Please return proposals to Steve Scherer, Public Works Director at City of Medina by 10:00 a.m. Monday, February 12, 2018. Proposed Terms 1.0 SCOPE OF SERVICES. The Contractor will perform snow removal services for the City. "Snow removal services" will consist of walk clearing and snow plowing services of parking lot at the Hamel Community Building, 3200 Mill Drive, as well as north entrance sidewalks, as identified in Exhibit A. Snowplowing and walk clearing services at Community Building shall occur when accumulation exceeds 1" (inch) as measured at site. Due to ongoing activities, the Community Building parking lot must be cleared by 8:00 a.m. 2.0. TERM. The term of this contract will be from April 16, 2018 to April 16, 2020. 3.0 COMPENSATION. The City shall compensate the Contractor in the basic rate amount of $ `'5- per snowfall in excess of 1" but less than 3". The City shall compensate the Contractor in the amount of an additional I a % of the basic rate amount, for each snowfall inch that exceeds 3". Snowfall amounts shall be determined by the Contractor and verified by the City during review of the submitted invoices. Snow removal services will be provided by the Contractor at the Hamel Community Building, 3200 Mill Drive and Hamel Legion Park on Exhibit A attached hereto. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker's compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall 1 name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER'S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker's compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker's compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney's fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor's performance under this Agreement. 8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 9.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 10.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 11.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 12.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By Bob Mitchell, Mayor By Jodi M. Gallup, City Clerk (CONTRACTOR) By 2 MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: February 13, 2018 MEETING DATE: February 20, 2018 SUBJECT: Petroleum Storage Tank Release Investigation & Corrective Action Agreement In January of 2018 the Pollution Control agency notified the City of Medina that there was a petroleum tank release discovered while removing the underground fuel tanks at the old public works site. As part of the follow up, the City is required to do an investigation into the extent of the release. As long as we use a certified consultant, up to 90% of the expenses should be recovered through clean up funds. It is believed that this is a minor release and there will be no further action required; however, if there is further work to do we will deal with that work separately and apply for more cleanup funds. The City received the following two proposals for the Petroleum Storage Tank Release Investigation and Corrective Action Services: Thatcher $10,575.25 WSB $12,800.50 I recommend accepting the Thatcher quote for Petroleum Storage Tank Release Investigation & Corrective Action Services, as they were the lower of the two quotes and both seem quite qualified to do what is needed for the investigation. Agenda Item # 5E 1 PETROLEUM STORAGE TANK RELEASE INVESTIGATION & CORRECTIVE ACTION AGREEMENT This Agreement is made this 20th day of February 2018, by and between Thatcher Engineering, Inc., 6201 Creek Valley Road, Edina, MN 55439, a Minnesota corporation (the “Contractor”) and the City of Medina, a Minnesota municipal corporation (the “City”). Recitals 1. The City has been authorized to enter into a contract for tank release investigation & corrective action services; and 2. The City has approved the contract for tank release investigation & corrective action services with the Contractor; and 3. The parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform tank release investigation & corrective action services for the City of Medina which will consist of environmental consulting, drilling services, and laboratory analysis, detailed on Exhibit A. Contractor will provide certified technicians to perform the listed tasks in accordance with the PCA (Pollution Control Agency) guidelines. 2.0. TERM. The term of this contract will be from February 20, 2018 until September 2018, or until such later date as may be mutually agreed upon. 3.0 COMPENSATION. The City shall compensate the Contractor $10,575.25 for tank release investigation & corrective action services, as described in Exhibit A and also in Scope of Services. The City is exempt from sales tax. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. 2 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER’S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance under this Agreement. 8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 9.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 10.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 11.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 12.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. 3 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By _____________________________ Bob Mitchell, Mayor By ______________________________ Jodi M. Gallup, City Clerk THATCHER ENGINEERING INC. By ______________________________ February 8, 2018 Steve Scherer City of Medina 2052 County Road 24 Medina, MN 55340 RE: Proposal for Environmental Services Medina Public Works, 2052 County Road 24, Medina, MN 55340 Petroleum Storage Tank Release Investigation and Corrective Action MPCA Site ID: LS0020597 Dear Mr. Scherer: Thank you for asking for our proposal. The Minnesota Pollution Control Agency (MPCA) has required a Limited Site Investigation (LSI) based on contamination detected during underground storage tank (UST) work. The purpose of this LSI is to fully define the extent and magnitude of the soil and/or groundwater contamination detected on September 29, 2017. The goal is to obtain site closure from the MPCA which means that the MPCA does not require any additional investigation and/or cleanup work. The scope of services proposed is the “Nonstandard Scope of Work” (Scope), Minnesota Department of Commerce, Petrofund (Petrofund) Request for Proposals” (attached). This Scope is consistent with the current MPCA Guidance for Leaking Petroleum Storage Tanks (LPST) Release Cleanup. The following is our estimate to provide consulting services based on the Scope. If the Scope changes, we will immediately inform you before proceeding with any additional work. On the basis of the Scope, we estimate our fees and costs as follows: Environmental Consulting $5,194.00 Drilling Services $2,036.25 Laboratory Analysis $2,225.00 Estimated Total $ 9,455.25 These fees and costs are specified in more detail on the attached Petrofund forms, and are also only estimates. Our invoices will reflect our actual charges for the work. Most services related to a LPST project are eligible to receive about 80% to 90% reimbursement by the Petrofund. Although we follow established Petrofund guidelines, you should be aware that we do not guarantee reimbursement. If hired as your consultant, TEI will assist you in securing as much state funding for your project as possible. The costs for performing this task are not eligible for reimbursement. We will prepare the Petrofund Application and follow up letters for this work, if required, for $1,120. So the total estimate for this proposal is $10,575.25. Page 2 Proposal Thatcher Engineering, Inc. At the conclusion of this LSI, there are two outcomes. If the ground water table is not impacted, not likely to become impacted from this release, or if the impacted water unit is not considered an aquifer and the risks the release poses are insignificant, the site is eligible for site closure. In this case, a LSI Investigation Report could be completed and submitted to the MPCA requesting site closure. Our estimated fees to prepare and submit this LSI Investigation Report are included in this proposal. However, if ground water contamination is present or likely present above allowable limits (above HRL’s or above 1 mg/L of GRO or DRO) and the water table constitutes a water table aquifer, a full Remedial Investigation (RI) may be required. A full RI typically entails completing three monitoring wells, sampling them quarterly for six quarters and preparing reports summarizing the data. A full RI is outside the scope of this proposal. If a full RI is required, we will discuss it with you prior to performing work on it. I have attached our Agreement for Services – Standard Client Billing Policy (Agreement) which, along with this letter, establish our agreement with you. The terms set forth in the attached Agreement apply to our relationship with you except to the extent modified by this engagement letter. This proposal is valid for 30 days from the date on the letter. Please acknowledge your agreement to the terms of our engagement, as set forth in this engagement letter and in the attached Agreement for Services, plus the attached Petrofund forms, by signing, dating, and returning both signature pages to me. Please note the Petrofund form (Page 3 of 3), must be notarized. Again, thank you for the opportunity to work with you. Please do not hesitate to contact me if you have any questions. Please call me at 612-867-7234 at any time with questions or concerns. Very truly yours, Steven W. Thatcher, P.E. Email: sthatcher@thatcher-eng.com Agreed: ____________________________________________ Date: _____________________ Steve Scherer City of Medina 2052 County Road 24 Medina, MN 55340 Agreement for Services – Standard Client Billing Policy This Standard Client Billing Policy, together with the engagement letter from Thatcher Engineering, Inc. (TEI), contains the agreement (“Agreement”) under which TEI will provide services to you, as the client named in the engagement letter. This Agreement describes TEI’s standard billing policies and practices and will be applicable to all of your client matters unless otherwise agreed in writing. TEI may periodically modify its general billing policies and practices without prior notice. Services. TEI will provide you the services described in the engagement letter and other services agreed to between you and TEI. In the event of conflict between this Agreement and the engagement letter, the engagement letter will control. Fees. Unless otherwise agreed in writing, the cost of the services rendered will be based primarily on the amount of time expended and the applicable hourly rates of the person(s) rendering the services. Our fee may also take into consideration other factors for determining reasonableness of a fee, including but not limited to the novelty or difficulty of the issues involved, the amount involved and results obtained, the time limitations imposed, and the experience, reputation, and ability of the person(s) providing the service. Time is recorded in one-tenth hour increments. Hourly rates are subject to periodic adjustment by TEI. Billing. Unless otherwise agreed in writing, we generally bill fees, service charges and disbursements monthly. Invoices are due and payable within thirty (30) days after receipt. TEI may also send you monthly Statements of Account which summarizes all outstanding amounts. Termination. You are free to terminate TEI’s services and TEI may withdraw its representation of you, in both cases without cause, at any time and upon written notice. We may also withdraw our representation if you do not cooperate in the representation or pay our fees and expenses in a timely manner, or if we determine in our discretion that continuing to provide services would be unethical or impractical. If you terminate TEI or TEI withdraws, all fees, service charges and disbursements incurred to that time will be due and payable; and we may also charge you a reasonable fee for the cost of copying, retrieving and/or transferring your files, papers, and property. Collection. You agree to reimburse TEI for any collection costs and attorney’s fees incurred if we need to make efforts to collect payment of our invoices. If invoices are not timely paid, TEI may obtain and perfect a mechanic’s lien in accordance with applicable law. A CARRYING CHARGE OF 1% PER MONTH MAY BE ADDED TO ANY UNPAID INVOICE OVER THIRTY (30) DAYS PAST DUE. Questions or Disputes. You should bring questions or disputes concerning our invoices to the attention of the person responsible for the services or TEI’s Office Manager within fifteen (15) days after receipt of the invoice. Third Party Vendors. If TEI contracts on your behalf for additional services to be provided by a third party vendor, you will be responsible for payment either directly to the third party or through TEI. TEI may request a purchase order or other authorization from you. Page 1 of 3 7/2017 MPCA Leak #20597 City of Medina Site Name Medina Public Works Address 2052 County Road 24 Site Address 2052 County Road 24 Medina, MN 55340 Medina, MN 55340 Amount Proposed Amount Invoiced for Proposed Tasks Agency status update C-1 $70.00 $ Applicant status update [drilling]C-3 $70.00 $ Applicant status update [quarterly sampling]$$ Background review C-5 $70.00 $ Drum disposal management $$ Field work notification and scheduling C-15 $70.00 $ Health and safety plan $$ Nonspecific administration C-23 $70.00 $ Off-site access time C-33 $0.00 $ Sample shipping and transportation $$ State duty officer emergency contact $$ Drilling oversight, field log prep, & soil sampling [25' or shallower boring]$140.00 $ Drilling oversight, field log prep, & soil sampling [boring deeper than 25']$350.00 $ Free product recovery through hand bailing or portable pump $$ Hydraulic conductivity field test $$ Monitoring well installation oversight & development [up to 2 hrs.]$$ Monitoring well installation oversight & development [beyond 2 hrs]$$ Monitoring well sealing oversight $$ Surveying & surveying equipment C-39a $70.00 $ Surveying & surveying equipment [licensed pro surveyor necessary]$$ Temporary well installation oversight [25' or shallower well]$$ Temporary well installation oversight [well deeper than 25']$$ Utility backfill investigation $$ Utility clearance $0.00 $ Utility clearance [private utility locator necessary] C-44 $160.00 $ Karst field survey $$ Surface water receptor survey and risk evaluation C-38 $70.00 $ Vapor receptor survey and risk evaluation C-45 $70.00 $ ▪ citizen contact [beyond 8]# of add'l contacts: ▪ subsurface monitoring point [beyond 8]# of add'l pts.: Water well receptor survey and risk evaluation C-47 $70.00 $ # of add'l cc or ps: AST soil sampling $$ Composted soil sampling $$ Contaminated stockpile soil sampling $$ Excavation soil sampling [tank being removed or abandoned]$$ Excavation soil sampling [tank not being removed or abandoned]$$ Excavation soil sampling [test pit excavation]$$ Groundwater sampling (permanent monitoring well)$$ Groundwater sampling (other than permanent monitoring well) C-18 $70.00 $ Land-treated soil sampling $$ $47 per sampling point $47 per sample on chain-of-custody $186 per leak site $164/well per sampling event $1.87 per cubic yard excavated $94 per test pit $47 per sample on chain-of-custody $94 per sampling event $94/tank + $4.66/cy excavated $1,331 per required off-site property $692 per drilling event $746 per leak site $999 per surveying event C-10-b $9 per foot $141 per well per event $253 per surveying event C-10a $200 per boring $186 per nec. tested well $373 per well $120 per shipping event Administrative Tasks Consultant Drilling and Excavation Activities Field and Receptor Surveys Sampling ▪ citizen contact or property surveyed [beyond 15] $200 per well $94 per hand-auger boring $9 per foot $266 per utility clearance event $559 per well $94 per well $666 per clearance event $373 per disposal $253 per field work event/see rule $333 per leak site $128 per call Petroleum Tank Release Cleanup Fund Task Description Petrofund Maximum Unit Cost* Nonstandard Scope of Work or Full Remedial Investigation Limited Site Investigation (LSI) Standardized Proposal and Invoice Form Applicant Name $128 per field work event $186 per quarterly sampling event $266 per step of services * See Minn. Rules, Chapter 2890 for complete information. These values are summarized and are only a guide. $932 per leak site plus: $1,002 per leak site plus: $2,636 ▪ $23 each ▪ $47 each ▪ $47 each $94 per sampling event Page 2 of 3 7/2017 Annual monitoring report preparation $$ # of add'l wells: Performed? Y or N # of add'l pts.: # of add'l properties: Composting monitoring worksheet preparation $$ Composting site application preparation $$ Excavation report preparation C-13 $644.00 $ Free product recovery report worksheet preparation $$ Investigation report preparation (full RI) [closure or monitoring]$$ Included? Y or N # of add'l borings: ▪ well [beyond 3]# of add'l wells: # of add'l pts.: # of add'l properties: Investigation report preparation (full RI) [active remediation]$$ Included? Y or N # of add'l borings: ▪ well [beyond 3]# of add'l wells: # of add'l pts.: # of add'l properties: Investigation report preparation (LSI only)C-23 $3,220.00 $ Included? Y or N # of add'l borings: # of add'l pts.: # of add'l properties: Land treatment application preparation $$ Land treatment monitoring worksheet preparation $$ Land treatment site application preparation $$ Land treatment spreading notification form preparation $$ Quarterly monitoring report preparation $$ ▪ well [beyond 3]# of add'l wells: Performed? Y or N # of add'l pts.: # of add'l properties: Thermal treatment application preparation $$ Travel time [to perform a task above, excluding "karst field survey"]$0.00 $ Travel time [to perform "karst field survey"]$$ Travel time [to perform a task not listed above]$$ Vehicle mileage C-46 $0.00 $ Per diem $$ OVM $100 per day C-12 $100.00 $ Water level meter $40 per day C-12 $40.00 $ $$ $$ $$ Unit Cost 10 Soil DRO, GRO, PVOC 67 $670.00 $ 6 GW DRO, GRO, VOC 115 $690.00 $ 3 Soil gas, TO-15 180 $540.00 $ Unit Unit Cost Geoprobe drilling Hour 165 $1,237.50 $ Mobilization Each 175 $175.00 $ Push probe sealing Ft 1.25 $313.75 $ Permits MDH Permits $100.00 $ 5 Sieve analysis a hydrometer will not be used $325.00 $ Project coordination (driller)$50.00 $ Per diem (driller)Day 0 $0.00 $ $9,455.25 $ Total Proposed Amount Invoiced for Proposed Tasks Traveler's hourly rate Method Disposable items = Cost to buy the items Reusable items = Lesser of purchase or rental cost Analytical Services (list analytical methods and unit costs included in proposal) Equipment and Field Supplies Charges (list items included in proposal) ▪ $10 each ▪ $10 each ▪ soil boring [beyond 5] see Minn. Rules 2890.3100-3700 Other Tasks Required by the MPCA Technology see Minn. Rule 2890.3850 see Minn. Rules 2890.2700-3000 Drilling Charges (list drilling tasks included in proposal) Contractor Services Included in this Consultant Proposal $128 per hour $0.87 a mile $513 per report plus: $186 per application $141 per worksheet $6,313 plus: ▪ $200 each C-42a $94 per hour $180 per day per person $186 per site Submissions to Agency Travel and Per Diem Charges $2,049 per report plus: $94 per notification ▪ well [beyond 3] ▪ $47 each $6,499 plus: $4,629 plus: $94 per worksheet $746 per composting site $652 per report ▪ $1,757 ▪ $261 each ▪ $10 each ▪ $10 each ▪ $10 each $186 per application ▪ $1,757 ▪ $200 each ▪ follow-up vapor monitoring performed ▪ subsurface monitoring point plotted on a site map [beyond 8] ▪ property added to a property table [beyond 16] ▪ karst field survey attachment ▪ soil boring [beyond 5] ▪ property added to a property table [beyond 16] ▪ subsurface monitoring point plotted on a site map [beyond 8] ▪ property added to a property table [beyond 16] ▪ subsurface monitoring point plotted on a site map [beyond 8] ▪ karst field survey attachment ▪ $261 each ▪ $10 each ▪ if follow-up vapor monitoring is performed ▪ subsurface monitoring point plotted on a site map [beyond 8] ▪ property added to a property table [beyond 16] ▪ $47 each ▪ $94 ▪ $10 each ▪ $10 each $746 per land treatment site ▪ property added to a property table [beyond 16] ▪ $1,757 ▪ $167 each ▪ $10 each ▪ $10 each ▪ soil boring [beyond 5] ▪ subsurface monitoring point plotted on a site map [beyond 8] ▪ karst field survey attachment ▪ $186 7/2015 Page 1 of 6 The objective of the Limited Site Investigation (LSI) is to obtain a “snapshot” of the site conditions in order to quickly and cost-effectively evaluate the level of risk associated with a petroleum tank release at your site. A Full Remedial Investigation (RI) measures groundwater contaminant concentrations over time. Monitoring wells are necessary as part of a full RI. This request for proposal form (RFP) and the attached Limited Site Investigation/Full Remedial Investigation (Nonstandard Scope of Work) proposal and invoice form have been designed to assist you in obtaining written competitive consultant proposals. Applicant Instructions  Complete the applicant information on page two of this form.  Send copies of this form and the Limited Site Investigation (Nonstandard Scope of Work) proposal and invoice form to registered environmental consulting firms. The rules that govern the Petrofund reimbursement process require you to obtain a minimum of two written competitive consultant proposals. The proposals must be based on identical assumptions about the characteristics of the site and substantially similar assumptions as to the scope of work proposed.  After you have received your written consultant proposals, review each proposal to ensure that it is complete. If not, contact the company that provided the proposal and get the missing information. Please note that Petrofund reimbursement is generally based on the costs contained in the low-cost consultant proposal, but a higher-cost proposal may be selected if you can provide documented proof to demonstrate that the selected consultant's qualifications are superior to those of the consultant who gave the lowest competitive proposal and justify the selection of a higher cost proposal. Among the factors relevant to the qualifications of a consultant are education, experience, certifications, and registrations. A prior business relationship between the applicant and consultant is not relevant to the qualifications of a consultant.  Choose your environmental consultant and proceed with your investigation. Although it is not required, you are encouraged to submit all of your original written competitive proposals to Petrofund staff so they can assist you in determining if the written proposals are based on the same scope of work. If you choose to send your written consultant proposals to Petrofund staff, they will be reviewed within 7 business days to determine if they are compliant with the Petrofund’s competitive bidding requirements. Please note that state policy prohibits Petrofund staff from commenting on which firm you should hire. Staff’s review is intended primarily to ensure that the written competitive proposals that you received comply with the reimbursement program’s requirements. After this review has been completed, Petrofund staff will send the proposals back to you along with a cover letter that summarizes the results of the review. Carefully review the cover letter that you receive from Petrofund staff. If staff determines that REQUEST FOR PROPOSAL for a Limited Site Investigation or Full Remedial Investigation – Nonstandard Scope of Work 7/2015 Page 2 of 6 the written consultant proposals meet the program’s requirements, choose your environmental consultant and proceed with your investigation. If staff determines that the written consultant proposals do not meet the program’s requirements, call Petrofund staff at 651-539-1515 or 800-638-0418 to get information on how you should proceed. If you have any questions, please contact Petrofund staff at 651-539-1515, 800-638-0418, or via e-mail at petrofund.commerce@state.mn.us. The fax number is 651-539-0103. APPLICANT INFORMATION (to be completed by the person soliciting the proposal) MPCA Leak ID Number 20597 Applicant Name City of Medina Address 2052 County Road 24 City Medina State/Zip Code MN 55340 Phone (763) 473-8842 Email Steve Scherer steve.scherer@medinamn.gov Answer the following questions for the site where the petroleum tank release occurred: 1. What is the site name and location? Site Name Medina Public Works Site Address 2052 County Road 24 City Medina State/Zip Code MN 55340 Contact Person Steve Scherer Phone (763) 473-8842 Fax 2. What petroleum product was stored in a tank at the site, or if this was a transport release, in the tank in transport? (check all that apply): X Unleaded Gasoline  Leaded Gasoline X Diesel  Fuel Oil  Used Oil  Hydraulic Fluid  Unknown  Other _________________________________________________ 3. Are there any water supply wells at this site? X Yes  No If “Yes,” how many? _____one (1) _________________ 4. Is the site connected to a city water supply?  Yes X No 5. This proposal must be returned to the person listed above by __________________, 20___. 7/2015 Page 3 of 6 Consultant or Applicant: Specify the assumptions the consultant should use to provide the competitive consultant services proposal. This proposal assumes that the consultant will complete (check one): X A nonstandard scope of work LSI  A full RI Groundwater depth is assumed to be at ____40____feet. Drilling technology to be employed during this scope of work (check one): X Push Probe  Hollow Stem Auger  Mud Rotary  Air Rotary  Rotosonic  Air Coring  Other ________________________________________________________________ Subsurface soil conditions are assumed to be: X unconsolidated soils  consolidated soils  rock Scope of Work (written proposal must be based on the following): I. Administrative Tasks • Prepare a site-specific health and safety plan. • Notify the MPCA in advance of field work. Notify the MPCA of important investigation findings, and communicate with the applicant regarding scheduling and investigative results (see MPCA Guidance Document 4-01). II. Field and Receptor Surveys Complete a risk evaluation in accordance with MPCA Guidance Document 4-02. • Complete a water well receptor survey. • Complete a vapor receptor survey. • Complete a surface water receptor survey. III. Drilling Advance soil borings/install monitoring wells in accordance with MPCA Guidance Documents 4-01 and 4-01a. • Advance ___4_____(list number) soil borings to the depth required by MPCA Guidance Document 4-01. For purposes of this proposal, assume that the depth will be_________40___________ feet. • Advance _____1________ (list number) soil borings to at least 20 feet below the water table or 20 feet below the deepest measurable contamination. For purposes of this proposal assume that this depth will be ________60____________ feet. • Advance ___3_____ (list number) soil borings to the depth required by MPCA Guidance Document 4-01a to collect soil gas samples. For purposes of this proposal, assume that the depth will be_________5___________ feet. 7/2015 Page 4 of 6 • Advance ___4_____ (list number) soil borings to the depth required by MPCA Guidance Document to document whether or not there is surface contamination (0 to 2 feet). For purposes of this proposal, assume that the depth will be_________4___________ feet. • Fill out the construction details for each monitoring well to be installed (attach additional sheets if necessary): Monitoring Well #1 Depth ____________(feet) Diameter ____________(inches) casing construction:  PVC  black steel  other ____________ screen construction:  PVC  stainless steel  other ____________ protective completion:  at grade  above grade Monitoring Well #2 Depth ____________(feet) Diameter ____________(inches) casing construction:  PVC  black steel  other ____________ screen construction:  PVC  stainless steel  other ____________ protective completion:  at grade  above grade Monitoring Well #3 Depth ____________(feet) Diameter ____________(inches) casing construction:  PVC  black steel  other ____________ screen construction:  PVC  stainless steel  other ____________ protective completion:  at grade  above grade Monitoring Well #4 Depth ____________(feet) Diameter ____________(inches) casing construction:  PVC  black steel  other ____________ screen construction:  PVC  stainless steel  other ____________ protective completion:  at grade  above grade Monitoring Well #5 Depth ____________(feet) Diameter ____________(inches) casing construction:  PVC  black steel  other ____________ screen construction:  PVC  stainless steel  other ____________ protective completion:  at grade  above grade 7/2015 Page 5 of 6 IV. Sampling Collect samples in accordance with MPCA Guidance Documents 4-01, 4-01a, 4-04, and 4-05. • Collect soil samples continuously for geologic classification and PID screening. • Collect soil samples from the borings and analyze them for the parameters consistent with the petroleum product(s) checked on page two above. For purposes of this proposal, assume that_______10__________ (list number) soil samples will be analyzed for ______ DRO, GRO, PVOC (list analyte groups). • Collect ______5__________ (list number) soil samples at the water table for grain size analysis by ASTM Method D422 and indicate if a hydrometer will be used.  A hydrometer will be used X A hydrometer will not be used. • Collect groundwater samples and analyze them for the parameters consistent with the petroleum product(s) checked on page two above. Assume that ____6_______ (list number) groundwater samples will be analyzed for DRO, GRO, VOCs (list analyte groups). In addition, collect one trip blank, one duplicate, and one field blank if reusable sampling equipment is used. • If a water supply well is on site, collect one water sample for every water supply well and analyze for VOCs and the other required parameters (see MPCA Guidance Document 4-05). • If monitoring wells are installed, collect _____________ (list number) rounds of groundwater samples and analyze for ___________ (list analyte groups). • Collect ______3__________ (list number) soil gas samples and analyze them by EPA method TO-15, full scan (see MPCA Guidance Document 4-01a). Determine depth to groundwater in each boring. Determine surface elevations at the soil boring locations. If monitoring wells are installed, they must be surveyed. V. Other Task(s) Required by the Agency List each task and its corresponding unit in the table below if it is known that certain additional tasks are required by the MPCA to adequately complete the limited site investigation or full remedial investigation step. Task Unit example: Free product recovery 2 field work events per month 1. Prepare Excavation Report 1 Report 2. Prepare Petrofund Reimbursement Application 1 Application Note: Collect and analyze groundwater sample from the existing well on-site well 7/2015 Page 6 of 6 VI. Submissions to the Agency Prepare the Investigation Report. If you are proposing costs for a Nonstandard LSI, propose costs for the task called “Investigation Report (LSI only).” If you are proposing costs for a full RI, propose the costs for the task called “Investigation Report (full RI).” Please note that if a full RI is warranted, an LSI report should not be submitted to the MPCA unless specifically requested. Note to the Applicant: The above Nonstandard Scope of Work was defined to apply to the specifics of your site. The actual amount of work necessary to achieve the objectives of the investigation will depend on actual site conditions. Only the actual amount of work necessary to complete the investigation should be completed. If additional investigative work is necessary beyond the scope of services outlined above, it will be documented on the change order form. BALLFIELD LIGHTING INSTALLATION AGREEMENT This Agreement is made this 20th day of February 2018, by and between Killmer Electric Co. Inc, 5141 Lakeland Avenue N, Crystal, MN 55429, a Minnesota corporation (the “Contractor”) and the City of Medina, a Minnesota municipal corporation (the “City”). Recitals 1. The City has been authorized to enter into a contract for ballfield lighting installation; and 2. The City has approved the contract for ballfield lighting installation with the Contractor; and 3. The parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform ballfield lighting installation for the City. “Ballfield Lighting Installation” will consist of structural installation of the pre-stressed concrete bases, galvanized steel poles, LED fixtures, pole wire harness, and remote electrical enclosure at Hamel Legion Park in accordance with the attached Exhibit A. 2.0. TERM. The term of this contract will be from February 2018 to August 2018. 3.0 COMPENSATION. The City shall compensate the Contractor $16,450 for ballfield lighting installation at Hamel Legion Park, as defined in the Scope of Services above and approved by the Public Works Director. 3.01 The Contractor shall pay for all licenses and permits. These costs shall be included in the bid cost in accordance with the attached Exhibit A. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. Agenda Item # 5F 4.02 The Contractor will supply and use its own equipment, tools, and materials to complete the services under this Agreement. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER’S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance under this Agreement. 8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 9.0 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota Government Data Practices Act (the “Act”) and all other applicable state and federal laws relating to data privacy or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by the Contractor in performing its obligations is subject to the requirements of the Act, and the Contractor must comply with the requirements of the Act as if the Contractor was a government entity. 10.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. The Contractor shall provide the City with copies of all contracts for assigned services. 11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunities under statute or common law. 13.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By __________________________________ Bob Mitchell, Mayor By __________________________________ Scott T. Johnson, City Administrator KILLMER ELECTRIC CO, INC (CONTRACTOR) By ____________________________ Brian Palmer, Project Manager 1 AMENDED AND RESTATED GROUNDS SERVICES AGREEMENT This Amended and Restated Grounds Services Agreement (“Agreement”) is made this ___ day of ________, 2018, by and between the Hamel Athletic Club, P.O. Box 62, Hamel, MN 55340, a Minnesota non-profit corporation (the “Contractor”) and the city of Medina, a Minnesota municipal corporation (the “City”). Recitals 1. The City has been authorized to enter into a contract for grounds services; and 2. The City has approved the contract for grounds services with the Contractor; and 3. The parties wish to redefine the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform “grounds services” for the City on all fields except Maple Park field in Area F on the attached Exhibit A. “Grounds services” will consist of:  Picking up paper, trash, and debris following ball field use. This shall include keeping all dugouts clean and sweeping daily. Individual parties renting the fields will be responsible for cleaning up their own trash and debris, however, the Contractor will be responsible should the renters fail to perform their duties.  Grooming and dragging reserved ball fields that schedule maintenance services though the City prior to the renter’s scheduled practices, games, and tournaments.  Chalking reserved ball fields that schedule maintenance services through the City prior to the renter’s scheduled games and tournaments.  Preparing fields after rain to get them in playing condition to include getting rid of standing water and use of diamond dry when needed.  Mowing and bagging the infield two to three times per week on Paul Fortin Memorial Field, Lighted Little League Field, and Quad # 3 Field. Field conditions and the level of use on the fields that week will determine if a third mowing is necessary.  Maintaining the lips of all fields and re-edging each field every year as determined by the City.  Maintaining pitcher’s mound and home plate daily for all fields.  Working with the City on rolling the fields once during the contract term, at a time and date designated by the City. In consideration for providing the grounds services, the Contractor shall have the first option for dates reserved prior to March 31st for games and practices taking place between April 1 and July 31, 2018 to schedule and conduct youth baseball and softball practices and games on the Hamel Legion Park excluding Area D and Hunter Lions Park ball fields as defined in Exhibit A (the “Subject Property”). Agenda Item # 5G 2 Contractor will also erect temporary back stops for younger youth leagues in the open field areas of Hamel Legion Park as defined in Exhibit A. Contractor will remove backstops by July 31, 2018. Contractor shall be allowed to conduct youth softball/baseball tournaments and unlimited development clinics on the Hamel Legion Park and Hunter Lions ball fields during the duration of this Agreement. Contractor will conduct its team formation tryouts on a Saturday in April. The Contractor will also use this day to do field preparation. All Contractor schedules of activities shall be coordinated and approved by the City’s Staff Liaison. When possible, the Contractor will receive notification 30 days in advance of any events scheduled for the fields, so conflicts can be avoided. The Contractor will provide the City Staff Liaison with an email contact list, to help facilitate this communication. 2.0. TERM. The term of this contract will be from April 1, 2018 to October 31, 2018. 2.01 RIGHT OF FIRST OFFER. Prior to marketing the Subject Property, including Area D (the Paul Fortin Memorial Field), to others at the end of the Term of this Agreement, the City shall give notice to the Contractor that the Subject Property will be made available to others and the terms (including the same number of fields, days and hours identified in Section 3.02 and Section 3.03 of this Agreement) to be contained in any such offer. The Contractor will have the right to accept the terms of any such offer referred to in the preceding sentence by giving the City notice of its election within 30 days of receipt of the terms of the City’s proposed offer. 3.0 COMPENSATION. 3.01 The Contractor shall provide the City with a $1,000.00 deposit by April 1, 2018 as a deposit for use of the City ball fields and facilities. The City shall retain a portion or all of the deposit for actual costs incurred to repair damages to facilities as a result of the Contractor’s use or for costs incurred by the City to perform services which Contractor failed to perform under this Agreement. The City shall return any remaining balance of the deposit to the Contractor within 30 days following termination of the Agreement. If additional expenses are incurred by the City in repairs and in the performance of services otherwise obligated to be performed by the Contractor under this Agreement in an amount in excess of the deposit, the City will submit a bill for the difference between the actual cost and the deposit to the Contractor and the Contractor agrees to pay such balance within 30 days of receipt. 3.02 The Contractor shall pay the City in the amount of $2,500.00 for use of the Hamel Legion Park recreational fields Area A, Area B, and Area C per the attached Exhibit A from Monday through Friday, 4:00 p.m. to 10:00 p.m. in Area A and Area B from April 1st through July 31st and Area C from April 15th through July 31, 2018. The Contractor will also receive priority for use of the batting cages from Monday through Thursday, 5:00 p.m. to 8:00 p.m. from April 15th to July 15th. The Contractor may also use the Hamel Legion 3 Park recreational fields on weekends for training events at no additional cost with the condition that priority would be given to a scheduled group that has paid for a weekend field reservation. Payment shall be submitted by Contractor to the City by June 1, 2018. 3.03 The Contractor shall notify the City by March 31st if the Contractor intends to use the Hamel Legion Park recreational field Area D per the attached Exhibit A. If the Contractor intends to use Area D, the Contractor shall pay the City in the amount of $450 for use of Area D from Monday through Friday, 4:00 p.m. to 10:00 p.m. from April 1st through July 31st with the understanding that the Contractor will work around Heritage Christian Academy’s spring schedule and work with the Hamel Hawks to allow for up to four evening weekday home games per season. 3.04 The Contractor shall pay the City in the amount of $250.00 for use of the Hunter Lions Park ball field Area E per the attached Exhibit A from Monday through Fridays, 4:00 p.m. to dusk, from April 1 through July 31, 2018. Payment shall be submitted to the City by June 1, 2018. 3.05 The Contractor shall pay the City in the amount of $250.00 for use of the Maple Park ball fields Area F per the attached Exhibit A from Monday through Thursdays, 5:00 p.m. to 8:00 p.m., from April 15 through July 11, 2018 if this field is needed. Payment shall be submitted to the City by June 1, 2018. 3.06 The Contractor shall pay the City $60.00 per field each day for use of the Hamel Legion Park and/or Hunter Lions Park ball fields for youth softball/baseball tournaments. Payments shall be submitted to the City within 15 business days of the tournament completion. 3.07 The Contractor shall pay the City a $4.00 per participant surcharge fee by June 1, 2018 for use of the bathrooms, building utilities, and general facilities to help pay for utilities and building maintenance. The Contractor shall provide the City a roster of participants in their program by May 1, 2018. 3.08 The Contractor shall pay the City $150 each time the Contractor requests that the City conduct a second weekly mowing of the open fields in Area C per the attached Exhibit A. 3.09 If the Contractor fails to pay the City for any of the fees, bills, deposits, expenses, repairs or damages listed in this Agreement by its due date, a 10% late fee will be applied per month of non-payment. 3.10 The Contractor shall have access to store equipment and tools in the field house garage located in Hamel Legion Park and the storage shed located in Hunter Lions Park. i) The Contractor shall submit all construction plans to the City and receive approval from the Public Works Director prior to making any changes to the storage area, shelves, or other items in the field house or field house garage at Hamel Legion Park. 4 3.11 The Contractor shall have access to the Hamel Community Building Assembly Hall for the purpose of youth ball team organizing meetings. The Contractor shall be limited to conducting five organizing meetings for the duration of this Agreement. The Contractor shall schedule these meetings in advance through the City’s rental agent to avoid scheduling conflicts. 3.12 The City will grant the Contractor a temporary sign permit on the premises at Hamel Legion and Hunter Lions Parks at no cost to the Contractor for event and registration signage in compliance with City sign regulations. 3.13 The City shall supply Ag Lime for the inner fields and for the outer tracks around the fields in an amount to be mutually agreed upon by both parties. 3.14 The City shall provide reasonable repair to ball fields upon receiving sufficient notice from Contractor of repair requests and upon sufficient City equipment, materials and labor being available. These repairs are not the grounds services provided by the Contractor, but damages to the ball fields which the Public Works Director defines as arising outside of the responsibilities of the Contractor as defined in this Agreement. 3.15 The City shall provide cleaning services of the Field House bathroom facilities once a week between the dates of April 25 and July 31. 3.16 The City shall provide a garbage enclosure and garbage and recycling containers at the ball fields and shall coordinate collection at the garbage enclosure once a week between the dates of April 25 and July 31. 3.17 The City shall provide grass mowing of the ball fields excluding the infields twice a week from April 25 to July 31 and once a week from August 1-22, or as needed in the area listed as Exhibit A, and weed control of the ball fields as needed. To help league play, Contractor requests that the mowing be performed on Mondays and Thursdays (weather permitting), so that grass length does not hamper play. 3.18 The City will pay the Contractor for reserved field use by renters who schedule maintenance services that are not affiliated with the Contractor $25 per scheduled practice and $50 per scheduled game to conduct “ground services” as defined in 1.0 Scope of Services of this Agreement. If the Contractor fails to conduct the “ground services” for a scheduled use by a renter not affiliated with the Contractor, the Contractor shall pay the City $50 per scheduled practice and $100 per scheduled game for non-performance, which the parties agree is a reasonable estimate of the City’s damages for the Contractor’s non- performance. 3.19 The City will pay the Contractor $25 per hour for services authorized by the Public Works Director to be completed by the Contractor that are outside of the scope of “scheduled maintenance services” in section 3.18 and “grounds services” in section 1.0 of this agreement. 5 4.0 SIGN ADVERTISEMENT PROGRAM. The Contractor shall be allowed to sell sign advertisements to area businesses to be placed on the ball field fences in Hamel Legion Park per the following conditions: 4.01 All proceeds from the program must be used for capital improvements within Hamel Legion Park such as ball field lights, irrigation system, dugouts, scoreboards, pitching mounds, etc. 4.02 The Contractor must maintain records of revenues and expenses from sign program and provide records to the City. 4.03 Sign dimensions and materials must be uniform and be approved by the City Staff Liaison. 4.04 Signs may be placed on the outfield fences facing home plate or on the ball field fences facing the walkway toward the field house as long as the signs do not restrict anyone’s view of the fields. No signs may be placed facing Brockton Lane. 4.05 Signs will be purchased, installed and maintained by the Contractor. It will be the sole responsibility of the contractor to repair and replace damaged signs and any damage such signs may cause to the fence on the fields of the park. 4.05 Signs will only be allowed to be displayed in the park during the regular season from April 1st to July 31st. It is the responsibility of the Contractor to remove signs by July 31, 2018. 5.0 SALE OF FOOD AND BEVERAGES. The sale of food and beverages during Contractor use of premises is prohibited unless separate agreement or license is granted by the City. 6.0 INDEPENDENT CONTRACTOR. 6.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 6.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. 6.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 7.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its employees, agents and subcontractors under this Agreement. The Contractor 6 shall name the City as an additional insured under its general liability policy which shall remain in force during the term of this Agreement, and shall maintain limits of liability under such policy of not less than $1,000,000 per occurrence and $1,000,000 in the aggregate, issued by an insurance company rated no less than A- by AM Best Company. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 8.0 WORKER’S COMPENSATION. 8.01 The Contractor will comply, and will ensure that each of its subcontractors comply, with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 8.02 The Contractor and any subcontractors will provide their own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 9.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance or failure to perform under this Agreement. 10.0 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota Government Data Practices Act (the “Act”) and all other applicable state and federal laws relating to data privacy or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by the Contractor in performing its obligations is subject to the requirements of the Act, and the Contractor must comply with the requirements of the Act as if the Contractor was a government entity. 11.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 12.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or entity to provide services under this Agreement without first obtaining the express written consent of the City. The Contractor shall provide the City with copies of all contracts for assigned or subcontracted services. 13.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 14.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunities under statute or common law. 7 15.0 TERMINATION. The City may terminate this Agreement at any time, for any reason. The Contractor must give no less than a 30 day written notice to the City to terminate this Agreement. The Contractor shall pay the City all sums due and the Contractor shall remain obligated to meet all applicable provisions of this Agreement including 3.08 and an early termination fee of $500.00 to help defray some of the City’s costs by assuming the Contractor’s responsibilities. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By __________________________________ Bob Mitchell, Mayor By__________________________________ Scott T. Johnson, City Administrator HAMEL ATHLETIC CLUB (CONTRACTOR) By____________________________ Mike Mohs, President 8 MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: February 15, 2018 MEETING: February 20, 2018 SUBJECT: 2004 Ford Truck On August 6, 2016, the Medina Police Department arrested a Mr. Piekarski for 2nd Degree DWI. Piekarski was charged and subsequently pled guilty to the DWI charge. Mr. Piekarski’s 2004 Ford utility truck was forfeited. I have been looking for a parks vehicle that could be used for park specific duties. This truck fits those duties perfectly. It has an aluminum utility V dump box with extra storage for other equipment. I have spoken to Director Belland on how we could acquire the truck for the Medina Parks Department. The truck has a value of approximately $10,000. Director Belland proposed having the Medina Parks Department buy the truck for $5,000. The funds would come from the Park Fund. That money would be put into the Police DWI fund. Public Works would use the truck until the end of its usefulness. When the truck is sold, the proceeds from the sale would also go to the Police DWI fund at that time. I see this as an affordable way to get a great truck for our Parks Department without spending $80,000. I am asking for the City Council’s permission to purchase the forfeited Ford F-350 Utility Vehicle from the Police Department with the above conditions. Agenda Item # 5H Agenda Item # 5I Resolution No. 2018-## February 20, 2018 Member _______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2018-## RESOLUTION GRANTING LOT COMBINATION APPROVAL TO WESTCREEK PROPERTIES, LLC FOR PROPERTY AT 900 AND 920 HAMEL ROAD WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Westcreek Properties, LLC (the “Owner”) owns three parcels of property located at 900 Hamel Road and 920 Hamel Road (collectively, the “Property”), which are legally described as: ; and WHEREAS, the Owner has requested approval of a lot combination to formally combine the Property into a single parcel; and WHEREAS, the City Council reviewed the requested lot combination at the February 7, 2018 meeting and reviewed testimony of interested parties; and WHEREAS, following such review the City Council made the following findings: 1) The proposed lot combination is not in conflict with the general and specific plans of the City and is not premature. 2) The lot resulting from the lot combination exceeds minimum lot standards, is suitable for the type of use contemplated, and is otherwise not in conflict with the findings noted in Subd. 10 of Section 820.21 of the City Code. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants approval to the Owner for a lot combination of the Property into a single parcel, subject to the following terms and conditions: Agenda Item # 5J Resolution No. 2018-## 2 February 20, 2018 1) The Owner shall file necessary documents with Hennepin County to effectuate the lot combination prior to August 20, 2018 or the approval granted herein shall become null and void, unless an extension is granted by the City Council. 2) The Owner shall abide by the recommendations of the City Attorney related to recording procedures and title documentation. 3) The Owner shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the application for lot combination. Dated: February 20, 2018. 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. 2018-## February 20, 2018 Member _______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2018-## RESOLUTION GRANTING SITE PLAN REVIEW APPROVAL TO MAXTECH FOR PROPERTY AT 920 HAMEL ROAD WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Westcreek Properties, LLC (the “Owner”) owns property located at 920 Hamel Road (the “Property”), which are legally described as: ; and WHEREAS, MaxTech, Inc. (the “Applicant”) operates on the Property and has requested approval of a site plan review for construction of 5,190 square foot addition between the two existing buildings on the Property; and WHEREAS, the Planning Commission reviewed the site plan at the January 18, 2018 meeting and forwarded a recommendation of approval to the City Council; and WHEREAS, the City Council reviewed the requested site plan at the February 7, 2018 meeting and reviewed the Planning Commission recommendation and testimony of interested parties; and WHEREAS, the City Council finds that the proposed site and building plans are generally consistent with the requirements and intent of the Commercial-General District, subject to certain terms and conditions which are noted herein. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants site plan review approval to the Owner and Applicant for the proposed addition, subject to the following terms and conditions: Agenda Item # 5K Resolution No. 2018-## 2 February 20, 2018 1) Approval of the Site Plan Review shall be contingent upon approval and effectuation of a lot combination of the Property. 2) The Owner shall enter into an agreement with the City in a form and of substance acceptable to the City Attorney to ensure construction and long-term maintenance of pervious parking lot surfacing and other relevant City requirements and policies. 3) The Owner shall enter into a permanent parking agreement in a form and of substance acceptable to the City Attorney to ensure parking is reserved upon the neighboring property for the benefit of the subject Property. 4) The Owner shall enter into an agreement with the City in a form and of substance acceptable to the City Attorney to ensure construction of the proof-of-parking on the neighboring property if deemed necessary by the City in the future. 5) The Owner shall abide by the requirements of the wetland protection ordinance, including, but not limited to, dedication of buffer easements, installation of signage and establishing appropriate vegetation. 6) The Applicant shall install all improvements shown on the plans dated December 19, 2017, except as may be modified herein. The design of all improvements shall be reviewed and approved by the City Engineer prior to commencing construction. 7) All comments from the City Engineer shall be addressed. 8) The Applicant shall meet the requirements of the wetland protection ordinance including easement, vegetation and signage. 9) The Applicant shall update lighting plans such that no lighting exceeds 0.5 footcandles at the property lines and shall otherwise meet the requirements of the lighting ordinance and CG zoning district. 10) Landscaping plans shall be updated to include some plantings west of the structure. 11) Eight percent of new loading dock area shall be landscaped, or any additional loading dock area shall be off-set by the removal of an equal area of loading dock area to comply with parking lot/loading dock landscaping requirements. 12) The use on the Property shall abide by the requirements of the Illicit Discharge Ordinance and no pollutants shall be washed from vehicles or equipment in a way to discharge to wetlands or waterbodies. 13) Any new mechanical or utility equipment and any new trash/recycling storage shall be screened as required by the CG zoning district. Verification that no such equipment or storage is proposed shall be provided prior to building permit, or the location and screening shall be provided. 14) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the site plan review and the review and creation of related documents. Dated: February 20, 2018. By: ______________________ Bob Mitchell, Mayor Attest: By: ___________________________ Jodi M. Gallup, City Clerk Resolution No. 2018-## 3 February 20, 2018 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. 1 516967v2 RHB ME230-671 PROOF OF PARKING AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANT This Proof of Parking Agreement and Declaration of Restrictive Covenant (the “Agreement”) is made by and between the city of Medina, a Minnesota municipal corporation (the “City”) and Westcreek Properties, LLC, a Minnesota limited liability company (the “Owner”). RECITALS A. In response to requests by the Owner, the City has granted approval of a lot combination and site plan (the “City Approvals”) for the land located at 900 and 920 Hamel Road (“Parcel A”), which land is legally described in Exhibit A attached hereto. B. Pursuant to the City Approvals, the Owner is authorized to construct an addition to the building on Parcel A without immediately providing sufficient parking on Parcel A to meet city code requirements. C. The Owner also owns the property located at 3575 Hickory Drive (“Parcel B”), which land is located across Hickory Drive from Parcel A and is legally described on Exhibit B attached hereto. D. Based on the current use of Parcel A, the Owner believes there is sufficient parking on Parcel A but acknowledges that the number of existing parking spaces does not meet city code requirements. E. As a condition of the City Approvals, the City requires that the Owner agree to construct additional parking on Parcel B if necessary and not to sell or otherwise convey Parcel B separate from Parcel A. Agenda Item # 5L 2 516967v2 RHB ME230-671 AGREEMENT AND DECLARATION 1. Proof of Parking. The City’s parking requirement for the improvements located on Parcel A is 64 spaces. An additional 13 parking spaces would be required to support the improvements authorized by the City Approvals. Parcel A currently has 55 parking spaces. Parcel B currently has five parking spaces. In order to provide the additional parking spaces if the need arises, the Owner agrees to set aside a portion of Parcel B as a “proof of parking” for Parcel A. This means reserving an area on Parcel B which could accommodate an additional 19 parking spaces while complying with all setback, hard surface coverage and other applicable City development standards. The City, in the reasonable exercise of its discretion, may determine at any time that some or all of the additional parking is necessary to alleviate a shortage of parking on Parcel A. The City shall notify the Owner in writing if it determines that additional parking is necessary. The Owner agrees, on behalf of itself and its successors and assigns, that upon receipt of notice from the City it will construct up to 19 additional parking spaces on Parcel B within 12 months at its sole expense. The parking shall be constructed in the location shown on the sketch previously submitted by the Owner to the City or such other location as may be agreed to by the City. The Owner shall also be required to comply with the then-applicable City requirements regarding landscaping, tree mitigation, stormwater management and all other relevant development standards in constructing the parking. 2. The Owner hereby declares that so long as this Agreement is in place, Parcel B shall not be sold, transferred or otherwise conveyed (“Conveyed”) separately from Parcel A. Notwithstanding the above, Parcel B may by Conveyed separately from Parcel A so long as Parcel B is Conveyed subject to an easement appurtenant to Parcel A allowing the Owner to construct and maintain the additional parking on Parcel B for the benefit of Parcel A if required by the City. 3. This Agreement runs with Parcels A and B and binds the Owner and its successors and assigns. The covenants, conditions and restrictions of this Agreement shall not be deemed to be merely nominal and of no actual and substantial benefit to the City unless the City shall so consent in writing. 4. This Agreement is for the benefit of the City. This Agreement may not be amended nor may Parcels A or B be released from its terms without the written approval of the City, which approval shall be at the City’s sole discretion. 5. Any notice required in this Agreement shall be delivered personally or sent by U.S. certified mail, return receipt requested: a) as to Owner: Westcreek Properties, LLC c/o Maxxon Corporation 920 Hamel Road Hamel, MN 55340 Attention: _____________ 3 516967v2 RHB ME230-671 b) as to City: City of Medina 2052 County Road 24 Medina, MN 55340 Attention: City Administrator or at such other address as either party may from time to time notify the other in writing in accordance with this paragraph. This Agreement was executed by the parties as of the date first written above. WESTCREEK PROPERTIES, LLC By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF _________ ) This instrument was acknowledged before me this ___ day of ________________________, 2018, by __________________, the ________________ of Westcreek Properties, LLC, a Minnesota limited liability company, on behalf of the company. ____________________________________ Notary Public 4 516967v2 RHB ME230-671 CITY OF MEDINA By: Bob Mitchell, Mayor By: Scott T. Johnson, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _________, 2018, 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 This Document was drafted by: KENNEDY & GRAVEN, Chartered (RHB) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 A-1 516967v2 RHB ME230-671 EXHIBIT A Parcel A is legally described as follows: Lot 4, except the West 30 feet of Lot 4 as measured at right angles from the most Westerly line of Lot 4, Block 1, Medina Creekside Addition; Hennepin County, Minnesota, and Lot 5, Block 1, Medina Creekside Addition, Hennepin County, Minnesota. and Lot 6, Block 1, Medina Creekside Addition, Hennepin County, Minnesota. B-1 516967v2 RHB ME230-671 EXHIBIT B Parcel B is legally described as follows: Lot 2, Block 1, Medina Creekside Addition, Hennepin County, Minnesota. 1 515901v3 RHB ME230-671 STORMWATER IMPROVEMENT AND MAINTENANCE AGREEMENT THIS STORMWATER IMPROVEMENT AGREEMENT (the “Agreement”) is made and entered into as of this ____ day of _________, 2018, by and between the city of Medina, a Minnesota municipal corporation (the “City”) and Westcreek Properties, LLC, a Minnesota limited liability company (the “Owner”). WITNESSETH: WHEREAS, the Owner is the fee owner of certain real property located in Hennepin County, Minnesota, legally described on Exhibit A attached hereto (the “Property”); and WHEREAS, the City has granted approval of a site plan review (the “Site Plan Approval”) regarding the Property; and WHEREAS, under the terms and conditions of the Site Plan Approval, the Owner is required to construct and maintain certain stormwater facilities (the “Stormwater Improvements”) on the Property; and WHEREAS, the Stormwater Improvements consist of the replacement of a portion of the existing parking area on the Property with a pervious paving material. The location of the Stormwater Improvements are shown on Exhibit B attached hereto; and WHEREAS, City ordinances and the Site Plan Approval require permanent provisions for handling of storm runoff, including terms and conditions for operation and maintenance of all Stormwater Improvements, and require such provisions to be set forth in an agreement to be recorded against the Property; and WHEREAS, the Owner intends to comply with its obligations regarding stormwater management on the Property by entering into this Agreement. Agenda Item # 5M 2 515901v3 RHB ME230-671 NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Construction of the Stormwater Improvements. The Site Plan Approval includes permission to construct improvements which will increase the hard surface coverage of the Property. In order to compensate for this increase, the Owner agrees to convert a portion of the existing impervious parking area on the Property to a pervious surface. To function properly, the pervious surface material must be installed and maintained in accordance with the manufacturer’s instructions and City requirements. The Owner agrees to install the Stormwater Improvements in accordance with the manufacturer’s instructions and any additional requirements of the City engineer. 2. In order to ensure completion of the required Stormwater Improvements, the Owner agrees to deliver to the City a letter of credit (the “LOC”) or cash escrow equal to 150 percent of the estimated cost of the Stormwater Improvements. The LOC or cash escrow shall be delivered by the Owner to the City prior to any work authorized pursuant to the Site Plan Approval. The LOC shall renew automatically thereafter until released by the City. The LOC shall be issued by a bank acceptable to the City and shall be in a form reasonably acceptable to the City. The LOC shall allow the City to draw upon the instrument, in whole or in part, in order to complete the Stormwater Improvements. If at anytime the City determines that the bank issuing the LOC is not solvent, the City may notify the Owner and the Owner shall provide a substitute LOC or cash escrow within 30 days. If the Owner fails to provide the substitute security, the City may draw under the existing LOC. 3. Maintenance of the Stormwater Improvements. The Owner agrees to maintain the Stormwater Improvements and observe all drainage laws governing the operation and maintenance of the Stormwater Improvements. The Owner shall make periodic inspection and perform maintenance of the Stormwater Improvements as described in Exhibit C attached hereto. The Owner shall keep record of all inspections and maintenance activities and submit such records annually to the City. The cost of all inspections and maintenance shall be the obligation of the Owner. 4. City’s Maintenance Rights. The City may maintain the Stormwater Improvements if the City reasonably determines that the Owner has failed to do so in accordance with applicable drainage laws and other regulatory requirements and such failure continues for 30 days after the City gives the Owner written notice of such failure or, if such tasks cannot be completed within 30 days, after such time period as may be reasonably required to complete the required tasks provided that Owner is making a good faith effort to complete said task. The City’s notice shall specifically state which maintenance tasks are to be performed. If Owner does not complete the maintenance tasks within the required time period after such notice is given by the City, the City shall have the right but not the obligation to enter upon such portions of the Property as may reasonably be necessary to gain access to the Stormwater Improvements to perform such maintenance tasks. In such case, the City shall send an invoice of its reasonable inspection and maintenance costs to the Owner, which costs may include all staff time, engineering and legal and other costs and expenses incurred by the City. If the Owner fails to 3 515901v3 RHB ME230-671 reimburse the City for its costs and expenses in maintaining the Stormwater Improvements within 30 days of receipt of an invoice for such costs, the City shall have the right to assess the full cost thereof against the Property. The Owner, on behalf of itself and its successors and assigns, acknowledges that the maintenance work performed by the City regarding the Stormwater Improvements benefits the Property in an amount which is at least equal to the assessment and hereby waives any right to notice or hearing and the right to appeal the assessments otherwise provided by Minnesota Statutes, Chapter 429. Notwithstanding the foregoing, in the event of an emergency, as determined by the city engineer, the 30-day notice requirement to the Owner for failure to perform maintenance tasks shall be and hereby is waived in its entirety by the Owner, and the Owner shall reimburse the City and be subject to assessment for any expense so incurred by the City in the same manner as if written notice as described above has been given. 5. Hold Harmless. The Owner hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses, including reasonable attorneys’ fees, arising out of or resulting from the Owner’s, or the Owner’s agents’ or employees’ negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions, except to the extent of intentional or grossly negligent acts of the City, its employees, agents and representatives. In the event the City, upon the failure of the Owner to comply with any conditions of this Agreement, performs any work pursuant to its authority in this Agreement, the Owner agrees to indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Owner’s required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts of the City, its employees, agents and representatives. 6. Stormwater Management and Shoreland Overlay Compliance. Constructing the Stormwater Improvements by converting a portion of the Property from impervious to pervious surfacing avoids triggering the City’s stormwater management ordinance and keeps the Property in compliance with the City’s shoreland overlay hardcover limitations. Failure by the Owner to install the Stormwater Improvements properly or to maintain them so that they continue to perform as designed risks putting the Property in violation of one or both of the above City ordinances and may result in enforcement action by the City. 7. Costs of Enforcement. The Owner agrees to reimburse the City for all reasonable costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and attorneys’ fees after providing written notice to Owner and a reasonable opportunity to cure. 8. Rights Not Exclusive. No right of the City under this Agreement shall be deemed to be exclusive and the City shall retain all rights and powers it may have under Minnesota law. 9. Notice. All notices required under this Agreement shall either be personally delivered or be sent by United States certified or registered mail, postage prepaid, and addressed as follows: 4 515901v3 RHB ME230-671 a) as to Owner: Westcreek Properties, LLC c/o Maxxon Corporation 902 Hamel Road Hamel, MN 55340 Attention: _____________ b) as to City: City of Medina 2052 County Road 24 Medina, MN 55340 Attention: City Administrator or at such other address as either party may from time to time notify the other in writing in accordance with this paragraph. 10. Successors and Assigns. All duties and obligations of Owner under this Agreement shall also be duties and obligations of Owner’s successors and assigns. The terms and conditions of this Agreement shall run with the Property. 11. Effective Date. This Agreement shall be binding and effective as of the date first written above. * * * * * * * * * * * * 5 515901v3 RHB ME230-671 WESTCREEK PROPERTIES, LLC By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ________ ) This instrument was acknowledged before me on this ___ day of ___________________________, 2018, by ______________, the _________________ of Westcreek Properties, LLC, a Minnesota limited liability company, on behalf of the company. ____________________________________ Notary Public 6 515901v3 RHB ME230-671 CITY OF MEDINA By: Bob Mitchell, Mayor By: Scott T. Johnson, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of _________, 2018, 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. Notary Public This instrument drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 A-1 515901v3 RHB ME230-671 EXHIBIT A TO STORMWATER IMPROVEMENT AGREEMENT Legal Description of the Property The property to which this Stormwater Improvement Agreement applies is legally described as follows: Lot 4, except the West 30 feet of Lot 4 as measured at right angles from the most Westerly line of Lot 4, Block 1, Medina Creekside Addition; Hennepin County, Minnesota, and Lot 5, Block 1, Medina Creekside Addition, Hennepin County, Minnesota. and Lot 6, Block 1, Medina Creekside Addition, Hennepin County, Minnesota. B-1 515901v3 RHB ME230-671 EXHIBIT B TO STORMWATER IMPROVEMENT AGREEMENT Depiction of Location of Stormwater Improvements [to be completed] C-1 515901v3 RHB ME230-671 EXHIBIT C TO STORMWATER IMPROVEMENT AGREEMENT Inspection and Maintenance Schedule C-2 515901v3 RHB ME230-671 C-3 515901v3 RHB ME230-671 C-4 515901v3 RHB ME230-671 C-5 515901v3 RHB ME230-671 C-6 515901v3 RHB ME230-671 1 515869v3 RHB ME230-671 UPLAND BUFFER EASEMENT AGREEMENT THIS UPLAND BUFFER EASEMENT AGREEMENT (the “Agreement”) is made this ____ day of ___________, 2018, by and between the city of Medina, a Minnesota municipal corporation (the “City”), and Westcreek Properties, LLC, a Minnesota limited liability company (the “Grantor”). RECITALS A. The Grantor is the fee owner of property located in Hennepin County, Minnesota, legally described in Exhibit A attached hereto (the “Property”). B. The City has granted approval of a site plan review and lot combination concerning the Property (the “City Approvals”), under the terms and conditions of which the Grantor is required to establish and maintain upland buffers adjacent to wetlands on portions of the Property consistent with City regulations (the “Easement Area”). C. In accordance with the City Approvals and the City’s wetland preservation ordinance, the City has required that the Grantor grant to the City a conservation easement (the “Upland Buffer Easement”) over the Easement Area. D. The Easement Area is legally described in Exhibit B and depicted in Exhibit C, both attached hereto. E. The Grantor agrees to grant the Upland Buffer Easement in accordance with the terms of this Agreement. PROVISIONS In consideration of the mutual promises of the parties contained herein, the parties agree as follows: Agenda Item # 5N 2 515869v3 RHB ME230-671 1. The Property contains wetlands adjacent to Elm Creek and the City’s wetlands protection ordinance requires that an upland buffer be established around the wetlands. The Grantor agrees to establish within the Easement Area a vegetative buffer with an average width the 30 feet in accordance with the standards and requirements of the City’s wetland protection ordinance. The Grantor also agrees to install adequate signage delineating the edge of the wetland buffer to clearly distinguish the Easement Area from the remainder of the Property. 2. In order to ensure completion of the required vegetative buffer and signage, the Grantor agrees to deliver to the City a letter of credit (the “LOC”) or cash escrow equal to 150 percent of the estimated cost of the buffer and signage. The LOC or cash escrow shall be delivered by the Grantor to the City prior to any work authorized pursuant to the City Approvals. The LOC shall renew automatically thereafter until released by the City. The LOC shall be issued by a bank acceptable to the City and shall be in a form reasonably acceptable to the City. The LOC shall allow the City to draw upon the instrument, in whole or in part, in order to complete the buffer and signage. If at anytime the City determines that the bank issuing the LOC is not solvent, the City may notify the Grantor and the Grantor shall provide a substitute LOC or cash escrow within 30 days. If the Grantor fails to provide the substitute security, the City may draw under the existing LOC. 3. The 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. 4. Under the Upland Buffer Easement, the following terms and conditions shall apply to the Easement Area: a. The Easement Area shall be preserved predominantly in its natural condition, except to the extent set forth below. No use shall be made of the Easement Area except those 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. 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. 3 515869v3 RHB ME230-671 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. 5. The Grantor represents that the Grantor owns the Easement Area in fee simple, subject only to the encumbrances of record. 6. 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. If there is a violation of the covenants contained herein, the City shall provide notice and an order for corrective action. If the Grantor does not take the required corrective action within 30 days or such longer period of time as may reasonably be required for corrective action, the City may enter the Property and Easement Area in order to perform the action. In such case, the City shall send an invoice of its reasonable maintenance or restoration costs to the Grantor, which shall include all staff time, engineering and legal and other 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 successors and assigns, acknowledges that any such corrective work performed by the City benefits the Property in an amount which is at least equal to the assessment and hereby waives any right to notice or hearing and the right to appeal the assessments otherwise provided by Minnesota Statutes, Chapter 429. b. The City may bring an action in any court of competent jurisdiction against the Grantor to enforce the terms of this Agreement; to require restoration of the Easement Area to its prior or more natural condition; to enjoin such non- compliance by temporary or permanent injunction and to recover any damages arising from such non-compliance. If a court determines that the Grantor has failed to comply with this Agreement, the Grantor shall reimburse the City for any reasonable costs of enforcement, including costs of restoration, court costs and attorneys’ fees, in addition to any other payments ordered by the court. 7. The 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. 4 515869v3 RHB ME230-671 8. The 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 except to the extent caused by intentional or grossly negligent acts of the City, its employees, agents and representatives. 9. The 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 or resulting from or due to the 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. 10. This Agreement may be amended only by mutual written agreement of the parties. 11. Nothing herein shall give the general public a right of access to the Property or the Easement Area. 12. All duties and obligations of the Grantor under this Agreement shall also be duties and obligations of the Grantor’s successors and assigns. The terms and conditions of this Agreement shall run with the Property. 13. Any notice required in this Agreement shall be delivered personally or sent by U.S. certified mail, return receipt requested: a) as to Grantor: Westcreek Properties, LLC c/o Maxxon Corporation 920 Hamel Road Hamel, MN 55340 Attention: _____________ b) as to City: City of Medina 2052 County Road 24 Medina, MN 55340 Attention: City Administrator or at such other address as either party may from time to time notify the other in writing in accordance with this paragraph. ************************ 5 515869v3 RHB ME230-671 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. WESTCREEK PROPERTIES, LLC By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF _________ ) This instrument was acknowledged before me this ___ day of ________________________, 2018, by __________________, the ________________ of Westcreek Properties, LLC, a Minnesota limited liability company, on behalf of the company. ____________________________________ Notary Public 6 515869v3 RHB ME230-671 CITY OF MEDINA By: Bob Mitchell, Mayor By: Scott T. Johnson, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _________, 2018, 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 This instrument drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 A-1 515869v3 RHB ME230-671 EXHIBIT A TO UPLAND BUFFER EASEMENT AGREEMENT Legal Description Lot 4, except the West 30 feet of Lot 4 as measured at right angles from the most Westerly line of Lot 4, Block 1, Medina Creekside Addition; Hennepin County, Minnesota, and Lot 5, Block 1, Medina Creekside Addition, Hennepin County, Minnesota. and Lot 6, Block 1, Medina Creekside Addition, Hennepin County, Minnesota. B-1 515869v3 RHB ME230-671 EXHIBIT B TO UPLAND BUFFER EASEMENT AGREEMENT Legal Description of Upland Buffer Easement [to be completed] C-1 515869v3 RHB ME230-671 EXHIBIT C TO UPLAND BUFFER EASEMENT AGREEMENT Depiction of Upland Buffer Easement [to be completed] Resolution No. 2018-XX February 20, 2018 Member ____ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2018-XX RECOGNIZING ERIN BARNHART FOR TEN YEARS OF SERVICE TO THE CITY OF MEDINA WHEREAS, Erin Barnhart has been a valued full time City of Medina employee in the Finance Department of the City since February 1, 2008; and WHEREAS, Erin has served as the Accountant and Assistant Finance Director at the City of Medina and has served as the Finance Director since January 1, 2015; and WHEREAS, Erin has created financial management policies/procedures and helped to implement modern technological tools to improve the City’s financial stability, accountability, quality control, and customer service; and WHEREAS, Erin oversees the City’s Capital Improvement Plan, bonding, the Financial Management Plan, project assessments, and other effective strategies for long-term fiscal planning; and WHEREAS, Erin’s exceptional work with the annual budget/creating base budget information and audit preparation/completion has resulted in multiple years of general fund surpluses; and WHEREAS, the City of Medina expresses sincere gratitude for Erin’s dedication and continued service to the Medina community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Medina acknowledges and thanks Erin Barnhart for ten years of service to the community. Dated: February 20, 2018. 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: None Whereupon said resolution was declared duly passed and adopted. Agenda Item # 7A School Lake Preserve Page 1 of 6 February 20, 2018 Final Plat, Storm sewer tax district City Council Meeting MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: February 14, 2018 MEETING: February 20, 2018 City Council SUBJ: School Lake Preserve – Final Plat and Development Agreement; Storm sewer improvement tax district (Public Hearing) Summary of Request Wally and Bridget Marx have requested final plat approval for School Lake Preserve, a conservation design-planned unit development (CD-PUD) subdivision to include 6 lots which proposes to place approximately 68 acres of property into permeant conservation. On October 17, 2017, the City Council granted preliminary plat approval and approved an ordinance rezoning the property to a CD-PUD district. The Minnehaha Creek Watershed has agreed to hold and enforce the conservation easement, and also serves as the holder for the Deer Hill Preserve conservation easement. Final Plat Consistency with the City’s Comprehensive Plan, the conservation design-planned unit development district, the broader zoning and subdivision regulations, and other relevant policies was reviewed during review of the Preliminary Plat. 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 have been met. The plat includes 6 lots and 12 outlots. The conservation areas of the Conservation Design subdivision are contained within ten of the outlots, which are proposed to be owned by individual adjacent property owners of the lot within the subdivision. One of the outlots contains the shared driveway providing access to four of the lots, and another outlot contains a portion of the shared driveway providing access to Lot 1 and Lot 2, Block 3. Consistency with Preliminary Plat The proposed final plat is substantially similar to the approved preliminary plat. The following adjustments were made to the shape of the lots on the plat: • Lot 1, Block 2 was adjusted to shift the wooded area southwest of the lot into conservation and an equal area of the restored prairie area was added into the western portion of the lot to maintain the minimum lot size of 2.5 acres. • The lot line between Lot 1 and Lot 2, Block 1 was adjusted to include all of circular driveway within Lot 1 rather than being split by the lot line. • Lot 2, Block 1 was adjusted to include the wooded are in the southern portion of the lot in conservation. To make up for this area, the eastern lot line was shifted approximately 100 feet further east. Agenda Items: 8A & 8B School Lake Preserve Page 2 of 6 February 20, 2018 Final Plat, Storm sewer tax district City Council Meeting These adjustments did not substantially affect the amount of conservation area or affect the compliance with minimum lot dimension requirements. As such, staff believes the proposed plat is still generally consistent with the approved preliminary plat. Preliminary Plat Conditions Several conditions were applied to the preliminary plat approval. The following section reviews compliance with these conditions. 1. The Owners shall submit final construction plans in connection with the final plat application for review and approval by the City Engineer. The applicant has submitted construction plans, which have been reviewed by the City Engineer. Staff has recommended a condition upon final plat approval that the applicant meet the recommendations of the City Engineer. 2. The Owners shall enter into a development agreement with the City, which shall be in a form and of substance acceptable to the City and which shall include the conditions described in this approval as well as other requirements of City ordinance and policy. The development agreement was drafted by the City Attorney and will be presented to the Council for approval at the February 20 meeting. Staff has recommended a condition upon final plat approval that the applicant execute and record the agreement. 3. The Owners shall provide to the City a letter of credit prior to any site construction in an amount recommended by the City Engineer to ensure completion of the required improvements. Staff has recommended a condition upon final plat approval that the applicant provide the letter of credit prior to construction. 4. Except as explicitly authorized by City this resolution or ordinance no. 618 all aspects of this subdivision shall comply with all applicable state laws, city codes, ordinances and regulations. This condition in informational in nature, and staff recommends that it be included on the final plat resolution. 5. The plat shall dedicate drainage and utility easement around the perimeter of each lot, over wetland areas, and in other locations recommended by the City Engineer. Staff recommends that a condition be included on the final plat resolution requiring drainage and utility easements over the stormwater BMPs, over Outlot L, and over the shared driveway on Lot 2, Block 2. 6. The plat shall dedicate right-of-way for Parkview Drive as requested by Hennepin County. The plat has been updated to dedicate this right-of-way. 7. If any wetland impacts are proposed, the Owners shall obtain wetland replacement plan approval prior to approval of the final plat. The applicant has not proposed wetland impacts for any of the site improvements. Future construction is not anticipated to create impacts, but will be subject to wetland conservation act requirements. School Lake Preserve Page 3 of 6 February 20, 2018 Final Plat, Storm sewer tax district City Council Meeting 8. The Owners shall abide by the requirements of the wetland protection ordinance, including easement, signage, and vegetation requirements. Most upland buffers are located within conservation areas and will be subject to the conservation easement. Staff does not believe it is necessary to separately enforce the City’s requirements. One buffer is located in Lot 2, Block 3 and will be subject to the City’s requirements. The applicant has requested that this buffer not be required unless and until a new home is constructed on Lot 2, Block 3, which is included in the buffer easement language. The requirement for this buffer is included in the development agreement and staff recommends a condition on the final plat resolution. 9. The Owners shall submit covenants or provide for other means acceptable to the City to ensure maintenance of conservation areas, stormwater facilities, shared driveway(s), and other common elements. Such document shall be in a form and of substance approved by the City. The applicant has submitted covenants, which staff has reviewed and provided comments. This document was not attached to the staff report to reduce the amount of printing, but is available for review upon request. Staff recommends that a condition be included on the final plat resolution requiring staff approval on the covenants before recording the plat. 10. Shared driveways shall meet relevant standards and include a reciprocal easement and maintenance agreement satisfactory to the City, which shall be recorded against the properties. This condition in informational in nature, and staff recommends that it be included on the final plat resolution. 11. The Owners shall grant trail easements to the City in the locations shown on the plans received by the City on September 1, 2017. The Owners shall also improve (clearing and stabilization) portions of the trail as determined appropriate during the review of the final plat. The Owners shall also provide a plan to clearly delineate the trail locations from private property. The Owners may include provisions to prevent access to the trail during such dates and times authorized by the City. The applicant has provided legal descriptions for the public trail easements. Staff recommends that a condition related to granting the easements be included in the final plat resolution. 12. The Owners shall enter into an agreement with the City related to construction of a small trailhead to the proposed public trail if an alternative access and parking cannot be provided to the trail. Staff has identified a location at the very beginning of the shared driveway which can accommodate a small trailhead. Staff recommends a condition that requires the applicant to grant an easement over this area and to either: 1) construct the parking spaces in connection with the widening of the driveway; or 2) provide $5000 towards construction. 13. Conservation easements shall be granted over all conservation areas and shall be in a form and of substance acceptable to the City, including granting the City a third party right of enforcement as described in law. The easement shall include enforcement and collection methods by which the easement holder can ensure payment of ongoing annual maintenance School Lake Preserve Page 4 of 6 February 20, 2018 Final Plat, Storm sewer tax district City Council Meeting costs of the conservation areas by the homeowners within the subdivision. The easement holder for the conservation area shall be secured prior to application for final plat and be willing to accept the easement in the manner required by the CD-PUD District Ordinance. The applicant submitted the conservation easement, and staff has reviewed and provided comments. This document was not attached to the staff report to reduce the amount of printing, but is available for review upon request. Staff recommends that a condition be included on the final plat resolution that the document is approved by city staff prior to recording. 14. Details on any significant tree removal and compliance with the tree preservation ordinance shall be provided. Staff reviewed proposed tree removal during the fall, before the applicant removed trees for future driveways. 15. The landscaping plan shall be updated to provide vegetative screening from adjacent property along the northern property line of proposed Lot 1 and along the southern and western property line of proposed Lot 2. The applicant has submitting a landscaping plan proposing to plan 42 arborvitaes in the existing gaps between trees along the property line. The landscaping plan is included in the “plans” which are required to be completed. 16. The final land stewardship plan shall be provided in connection with the application for final plat for review and approval by the City. The land stewardship plan shall include provisions for extensive signing of the conservation areas to reduce potential violations of the Easement. Such signage shall be in place before any lots are marketed. The applicant submitted the Land Stewardship Plan, and staff has reviewed and provided comments. This document was not attached to the staff report to reduce the amount of printing, but is available for review upon request. Staff recommends that a condition be included on the final plat resolution that the document is approved by city staff prior to recording. 17. The Owners shall submit a plan for review and approval by the City for incorporating information related to the restrictions and obligations of the Conservation Easements into the marketing materials for the lots within the subdivision. Staff recommends that a similar condition be included on the final plat resolution. 18. Ownership of some or all of the outlots containing the conservation areas may be required to be deeded to an Association(s) of owners if the City determines that individual private ownership of these outlots will not provide the protections required by the CD-PUD District ordinance. The applicant continues to propose that the outlots be owned by an individual owner of the adjacent lot. The applicant now proposes that the Homeowner’s Association commonly coordinate the maintenance, including funding, of the conservation areas. Staff believes this arrangement is appropriate. School Lake Preserve Page 5 of 6 February 20, 2018 Final Plat, Storm sewer tax district City Council Meeting 19. The Owners shall address all comments from the City Attorney, City Engineer, Hennepin County, and Minnehaha Creek Watershed. The applicant has been addressing the comments as plans were finalized. Staff recommends that a similar condition be included on the final plat approval. 20. The Owners shall submit title evidence satisfactory to the City Attorney prior to or at the time of submission of the final plat application. The applicant submitted title information. Staff recommends that a condition be included on the final plat resolution requiring the applicant to meet the requirements of the plat opinion. 21. The Owners shall obtain necessary approvals and permits from the Minnehaha Creek Watershed District, Hennepin County, the Minnesota Pollution Control Agency, the Minnesota Department of Health, and other relevant agencies. Staff recommends that this condition be included on the final plat resolution. 22. The application for final plat shall be submitted to the City within 360 days of preliminary approval or the preliminary plat shall be considered null and void. The applicant submitted the final plat application within 360 days. 23. The Owners shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the Planned Unit Development, preliminary plat, construction plans, and other relevant documents. Staff recommends that a similar condition be included on the final plat resolution. Storm Sewer Improvement Tax District The City’s practice is to require that homeowners’ 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 the School Lake Preserve development 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 as district, the City Council is required to hold a Public Hearing. Notice of this public hearing was published for the February 20, 2018 meeting. Staff recommends that the City Council hold the hearing on the Storm Sewer Improvement Tax District, and recommends establishment of the district if the Council approves the final plat. School Lake Preserve Page 6 of 6 February 20, 2018 Final Plat, Storm sewer tax district City Council Meeting Staff Recommendation Staff recommends that the City Council take the following actions: 1) Motion to adopt the resolution granting final plat approval for School Lake Preserve 2) Motion to approve the CD-PUD Agreement by and between the City of Medina and Wally and Bridget Marx 3) Motion to adopt the ordinance establishing the School Lake Preserve Storm Sewer Improvement Tax District 4) Motion to adopt the resolution authorizing publication by title and summary Attachments 1. Resolution granting final plat approval for School Lake Preserve 2. CD-PUD Agreement by and between the City of Medina and Wally and Bridget Marx 3. Ordinance establishing School Lake Preserve Storm Sewer Improvement Tax District 4. Resolution authorizing publication by title and summary 5. List of Documents 6. City Engineer Comments dated 2/15/2018 7. Final Plat of School Lake Preserve received by the City on 2/8/2018 8. Construction plans by the City on 2/8/2018 (landscaping received 1/19/2018) Resolution No. 2018-## February 20, 2018 Member __________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2018-## RESOLUTION GRANTING FINAL PLAT APPROVAL FOR SCHOOL LAKE NATURE PRESERVE WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Wallace and Bridget Marx (the “Owners”) own approximately 90 acres of property in the City (the “Property”) east of Parkview Drive and north of County Road 24 which is legally described in Exhibit A; and WHEREAS, on October 17, 2017, the City Council adopted Ordinance No. 618, establishing the School Lake Nature Preserve conservation design -planned unit development (CD-PUD) district and amending the official zoning map; and WHEREAS, on October 17, 2017, the City Council also adopted Resolution 2017-85, granting preliminary approval of the plat of School Lake Nature Preserve, subject to a series of terms and conditions; and WHEREAS, the Owners have now requested final plat approval; and WHEREAS, the School Lake Nature Preserve CD-PUD subdivision includes six residential lots and the conservation of approximately 70 acres; and WHEREAS, on February 20, 2018, the City Council reviewed the plat and information provided by the Owners and City staff, and heard testimony from interested parties; and WHEREAS, subject to the fulfillment of the conditions noted below, the City Council makes the following findings of fact in regard to the plat based on the requirements of the Subdivision Ordinance: a. The proposed final plat is not in conflict 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 proposed subdivision will not cause substantial environmental damage. d. The proposed subdivision is not likely to be injurious to public health. e. The proposed subdivision and its improvements will not conflict with public or private streets, easements, or right-of-ways . Agenda Item # 8A1 Resolution No. 2018-## 2 February 20, 2018 NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants final plat approval, subject to the following terms and conditions: 1. The Owners shall construct improvements as shown on the plans received by the City on February 8, 2018 and the landscaping plan received on January 19, 2018, except as modified herein or upon recommendation of the City Engineer. Construction plans shall be subject to review and approval by the City Engineer. 2. The Owners shall enter into a development agreement with the City, which shall be in a form and of substance acceptable to the City and which shall include the conditions described in this approval as well as other requirements of City ordinance and policy. 3. The Owners shall provide to the City a letter of credit prior to any site construction in an amount recommended by the City Engineer to ensure completion of the required improvements. 4. Except as explicitly authorized by City this final plat resolution or ordinance no. 618 all aspects of this subdivision shall comply with all applicable state laws, city codes, ordinances and regulations. 5. The Owners shall abide by the requirements of the City’s wetland protection ordinance, including easement, signage, and vegetation requirements. 6. Covenants shall be subject to review and approval by City staff to ensure maintenance of conservation areas, stormwater facilities, shared driveway(s), and other common elements. 7. Shared driveways shall meet relevant standards and include a reciprocal easement and maintenance agreement satisfactory to the City, which shall be recorded against the properties. 8. The Owners shall grant trail easements to the City in the locations shown on the plans received by the City on February 8, 2018. The Owners shall also improve (clearing and stabilization) portions of the trail as determined appropriate by City staff. 9. The Owners shall enter into an agreement with the City related to construction of a small trailhead to the proposed public trail if an alternative access and parking cannot be provided to the trail. The Owners shall construct the trailhead in connection with widening the shared driveway, or pay to the City a fee of $5000.00 in lieu of dedication of additional land. 10. Conservation easements shall be granted over all conservation areas and shall be in a form and of substance acceptable to the City, including granting the City a third party right of enforcement as described in law. 11. The final land stewardship plan shall be subject to review and approval of City staff. 12. The Owners shall submit a plan for review and approval by the City staff for incorporating information related to the restrictions and obligations of the Conservation Easements into the marketing materials for the lots within the subdivision. 13. The Owners shall address all comments from the City Attorney plat opinion, the City Engineer, Hennepin County, and Minnehaha Creek Watershed. 14. The Owners shall obtain necessary approvals and permits from the Minnehaha Creek Watershed District, Hennepin County, the Minnesota Pollution Control Agency, the Minnesota Department of Health, and other relevant agencies. 15. The final plat shall be filed within 180 days of the date of the city council resolution granting approval or the approval shall be considered void, unless a written request for time extension is submitted by the Owners and approved by the City Council. Resolution No. 2018-## 3 February 20, 2018 16. The Owners shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the Planned Unit Development, final plat, construction plans, and other relevant documents. Dated: February 20, 2018. 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. 2018-## 4 February 20, 2018 EXHIBIT A Legal Description of Property 515266v5 RHB ME230-672 DRAFT _______________________________________________________________________________ CONSERVATION DESIGN-PLANNED UNIT DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MEDINA AND WALLACE A. MARX AND BRIDGET A. MARX FOR SCHOOL LAKE NATURE PRESERVE This document drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 (RHB) Agenda Item # 8A2 515266v5 RHB ME230-672 TABLE OF CONTENTS PAGE 1. Zoning; Number of Units ..................................................................................................1 2. Right to Proceed ................................................................................................................1 3. Plans; Improvements; Subdivision Density ......................................................................2 4. Erosion Control .................................................................................................................3 5. Site Grading; Haul Routes ................................................................................................4 6. Construction of Subdivision Improvements .....................................................................4 7. Streets ................................................................................................................................5 8. Septic Systems and Wells .................................................................................................5 9. Stormwater Improvements ................................................................................................6 10. Trailhead ...........................................................................................................................7 11. Landscaping Plan ..............................................................................................................7 12. Conservation Easement; Land Stewardship Plan .............................................................8 13. Letter of Credit ..................................................................................................................9 14. Homeowners’ Association ..............................................................................................10 15. Upland Buffer Easement .................................................................................................10 16. Park Dedication Requirements; Trail Easement .............................................................10 17. Responsibility for Costs; Escrow for Construction Inspection .......................................10 18. Default.............................................................................................................................11 19. Insurance .........................................................................................................................11 20. No Building Permits Approved; Certificates of Occupancy...........................................11 21. Clean up and Dust Control ..............................................................................................12 22. Compliance with Laws ...................................................................................................12 23. Agreement Runs With the Land .....................................................................................12 24. Indemnification ...............................................................................................................12 25. Assignment .....................................................................................................................12 26. Notices ............................................................................................................................12 27. Severability .....................................................................................................................13 28. Non-waiver .....................................................................................................................13 29. Counterparts ....................................................................................................................13 SIGNATURES ........................................................................................................................... 14-15 EXHIBIT A-1 LEGAL DESCRIPTION OF PROPERTY EXHIBIT A-2 LEGAL DESCRIPTION OF CONSERVATION EASEMENT (ALSO KNOWN AS PROTECTED PROPERTY) EXHIBIT B LIST OF PLAN DOCUMENTS EXHIBIT C FORM OF STORMWATER MAINTENANCE AGREEMENT EXHIBIT D SUBDIVISION IMPROVEMENT COST ESTIMATE EXHIBIT E FORM OF UPLAND BUFFER EASEMENT AGREEMENT EXHIBIT F CONSERVATION EASEMENT EXHIBIT G LAND STEWARDSHIP PLAN EXHIBIT H FORM OF TRAIL EASEMENT 1 515266v5 RHB ME230-672 This Conservation Design-Planned Unit Development Agreement (the “Agreement”) is made and entered into this ____ day of _____________, 2018 by and between the city of Medina, a municipal corporation under the laws of Minnesota (the “City”), and Wallace A. Marx and Bridget A. Marx (collectively, the “Developer”). WITNESSETH: WHEREAS, the Developer is the fee owner of the real property legally described on Exhibit A attached hereto (the “Property”); and WHEREAS, on October 17, 2017, the City rezoned the Property to Conservation Design- Planned Unit Development District (“CD-PUD”), approved the School Lake Nature Preserve Conservation Design-Planned Unit Development General Plan of Development (the “CD-PUD General Plan”) and granted preliminary approval of the plat of School Lake Nature Preserve (the “Subdivision”); and WHEREAS, the Developer intends to develop the Subdivision with six single-family residential lots and associated outlots; and WHEREAS, the Developer has requested final approval of the plat of School Lake Nature Preserve; and WHEREAS, the CD-PUD General Plan of Development and approval of the final plat of School Lake Nature Preserve are contingent upon the Developer and the City entering into an agreement for development of the Property. NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the parties agree as follows: 1. Zoning; Number of Units. Subject to execution of this Agreement and recording the final plat of School Lake Nature Preserve, the Property has been zoned Conservation Design- Planned Unit Development and may be developed with no more than six single family dwellings. Six units represents two times the density which was allowed under the previous zoning designation and was approved because the City, based on the plans submitted by the Developer, determined that the Subdivision, with its conservation area and other features, met the intent and purposes of the City’s conservation design ordinance. Approval of the six lots is strictly conditioned upon the Developer’s compliance with all terms and conditions of City Ordinance No. 618, the CD-PUD General Plan of Development and this Agreement. 2. Right to Proceed. The Developer may not construct any improvements or buildings within the Subdivision until all the following conditions precedent have been satisfied: a) the final plat of School Lake Nature Preserve has been filed with Hennepin County; b) this Agreement has been executed by the Developer and the City; 2 515266v5 RHB ME230-672 c) the required Letter of Credit (as hereinafter defined) has been received by the City from or on behalf of the Developer; d) final engineering and construction plans in digital form regarding the Subdivision Improvements (as hereinafter defined) have been submitted by the Developer and approved by the City engineer; e) the Developer has reimbursed the City for all legal, engineering and administrative expenses incurred to date by the City regarding the Subdivision and has deposited with the City the additional inspection escrow required by this Agreement; f) the Developer and the City have entered into a Stormwater Maintenance Agreement substantially in the form attached hereto as Exhibit C; g) the Developer has executed the Upland Buffer Easement Agreement substantially in the form attached hereto as Exhibit E; h) the Developer has executed the trail easement substantially in the form attached hereto as Exhibit H; i) the Developer has submitted and the City has approved the certified grading plan; j) the Developer and the Holder (as hereinafter defined) have executed a Conservation Easement in the form attached hereto as Exhibit F; k) the Developer has executed the trailhead easement and submitted the trailhead improvement plan; l) all erosion control measures are in place; m) the Developer has received all required permits from the Minnehaha Creek Watershed District, Hennepin County, the Minnesota Pollution Control Agency, the Minnesota Department of Health and any other entity having jurisdiction over the Subdivision; n) the Developer or the Developer’s engineer has initiated and attended a preconstruction meeting with the City engineer and staff; and o) the City has issued a notice that all conditions precedent have been satisfied and that the Developer may proceed to construct the improvements contemplated by this Agreement. 3. Plans; Improvements; Subdivision Density. a) The Developer agrees to develop the Subdivision in accordance with the CD-PUD General Plan of Development, City Ordinance No. 618, the terms and conditions of City resolution 2018-__ granting final plat approval (collectively, the “City Approvals”) and this Agreement. The City Approvals are hereby incorporated by reference into this Agreement and made a part hereof. In the event of a conflict between the terms of the City Approvals and this Agreement, this Agreement shall control. The Developer also agrees to construct all required improvements within the Subdivision 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. 3 515266v5 RHB ME230-672 b) In developing the Subdivision in accordance with the Plans, the Developer shall make or install at its sole expense the following improvements (collectively, the “Subdivision Improvements”): 1. the shared private driveways serving Lots 1 and 2, Block 2 and Lots 1 and 2, Block 3; 2. common stormwater improvements; 3. site grading associated with other improvements and erosion controls; 4. upland buffers in accordance with section 15 of this Agreement; and 5. a trailhead for parking and access to the public trail under the terms of section 10 of this Agreement. c) All work performed by or on behalf of the Developer on or related to the construction of the Subdivision Improvements 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. Work related to construction of the houses within the Subdivision shall be restricted to the hours of 7:00 a.m. through 8:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday and Sunday. 4. Erosion Control. a) All construction regarding the Subdivision Improvements shall be conducted in a manner designed to control erosion and in compliance with all City ordinances and other requirements, including the City’s current permit with the Minnesota Pollution Control Agency regarding its municipal separate storm sewer system program. Following the delivery of written notice to the Developer, the City may impose, additional erosion control requirements after the City’s initial approval if the City deems such necessary due to imminent risk of uncontrolled erosion. All areas disturbed by the excavation shall be reseeded promptly after the completion of the work in that area unless 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 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 issued by 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 agrees to make reasonable efforts to provide notice to the Developer in advance of any proposed action, including notice by telephone or email in the case of emergencies, but no or limited notice by the City when emergency conditions so require will not affect the Developer’s obligations or the City’s rights hereunder. c) The Developer agrees to reimburse the City for all reasonable out-of-pocket expenses it incurs in connection with any action it takes to control erosion. No grading or construction of the Subdivision Improvements will be allowed and no building permits will be issued within the Subdivision unless the Developer is in full compliance with Developer’s responsibilities to comply with the erosion control requirements provided herein. The erosion 4 515266v5 RHB ME230-672 control measures specified in the Plans or otherwise required within the Subdivision shall be binding on the Developer and its successors and assigns. 5. Site Grading; Haul Routes. a) In order to construct the Subdivision Improvements and otherwise prepare the Property for development, it will be necessary for the Developer to grade the Property, generally in connection with the construction of other Subdivision Improvements, based on the approved Plans and specifications for the Subdivision. All site and other grading must be done in compliance with the Plans. The City may withhold issuance of a building permit for any structure within the Subdivision until the approved certified grading plan is on file with the City and all erosion control measures are in place as reasonably determined by the City. Within 30 days after completion of the grading, or such other period acceptable to the City’s engineer, 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 construction traffic and any fill material which must be brought to or removed from the Property while grading or during construction of the Subdivision Improvements or any buildings within the Subdivision will be transported using the haul route established by the City. The City designates Parkview Drive to Co. Rd. 24 or any other county or state road as the haul route. c) The Developer will grade portions of the Subdivision in connection with construction of the Subdivision Improvements but expects that it will be necessary for builders to custom grade individual lots based on the specific design and location of the homes to be constructed thereon. The City will require a grading plan to be submitted with each building permit for a home or any accessory structure and will review the individual grading plans to ensure they are not in conflict with the general grading plan for the Subdivision or pose a threat to adjacent parcels. It may be necessary for building permit grading plans to include abutting properties to verify the proposed grading does not adversely affect them. 6. Construction of Subdivision Improvements. a) All Subdivision Improvements shall be installed in accordance with the Plans, this Agreement, the City’s subdivision regulations, and the requirements of the letters from the City engineer dated ______________, 2017. The Developer shall submit plans and specifications for the Subdivision Improvements prepared by a registered professional engineer. The Developer shall obtain any necessary permits from the Minnehaha Creek Watershed District, Hennepin County, the Minnesota Pollution Control Agency, the Minnesota Department of Health and any other agency having jurisdiction over the Subdivision before proceeding with construction. The Developer shall also comply with the requirements of the letter from the Minnehaha Creek Watershed District dated _______________, 2017 regarding erosion control and compliance with its regulations. The City shall inspect all work at the Developer’s expense. The Developer and its contractors and subcontractors shall follow all instructions received from the City’s inspectors. Prior to beginning construction, the Developer or the Developer’s engineer shall schedule a preconstruction meeting with all parties concerned, including the City staff and engineers, to review the program for the construction work. 5 515266v5 RHB ME230-672 b) Within 45 days after the completion of the Subdivision 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 AutoCAD format based on Hennepin County coordinates. Stormwater “as constructed” plans shall also be submitted to the City in GIS format compatible with ArcMap 10.3 in the coordinates and with the attributes directed by the City engineer. Iron monuments must be installed in the Subdivision in accordance with state law. The Developer’s surveyor shall submit a written notice to the City certifying that the monuments have been installed. Subject to events of force majeure, all Subdivision Improvements required by this Agreement shall be completed by no later than July 31, 2019, except as specifically noted otherwise in this Agreement. c) The Developer agrees to reimburse the City fully for the reasonable cost of all Subdivision 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. The City’s notice shall include reasonable back up documentation to support such expenses. 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 lots within the Subdivision except those which have been sold to homeowners. The Developer, on behalf of itself and its successors and assigns, acknowledges the benefit to the lots within the Subdivision of the repair or replacement of the Subdivision 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) No building permit shall be issued for any structure within the Subdivision until adequate access is available to the lot in question. No temporary or permanent certificate of occupancy shall be issued for any structure within the Subdivision until all Subdivision Improvements that are required for the operation of such structure have been completed. 7. Streets. There will be no public streets constructed within the Subdivision. Access to Lots 1 and 2, Block 1 will be by means of a shared driveway from existing Parkview Drive. Access to Lots 1 and 2, Block 2 and Lots 1 and 2, Block 3 will be by shared private driveways to be constructed on Outlots J and L and partially on Lot 2, Block 2. The driveways shall be constructed in accordance with City standards applicable to shared driveways serving three or more properties. The Developer shall record an easement providing for access and maintenance over Outlot J and Outlot L and Lot 2, Block 2 for the benefit of the lots served by the private driveways and an easement for the two lots served by the shared driveway from Parkview Drive prior to the City being obligated to issue a building permit for any of the benefited lots. The easements shall be in form and substance satisfactory to the City. 8. Septic Systems and Wells. a) The Developer or its successors or assigns agree to construct individual septic systems and wells to serve the lots within the Subdivision. All work in constructing the private utilities must comply with all City and state requirements regarding such private utilities. The septic systems and wells will remain private and will not be owned or maintained by the City. 6 515266v5 RHB ME230-672 b) All lots within the Subdivision must have primary and alternate septic sites on the lot which meet setback requirements and which do not interfere with the intended purpose of any drainage and utility or other easement. c) All private wells shall be located on the served lot. 9. Stormwater Improvements. a) The common stormwater facilities will be constructed by the Developer in accordance with the Plans and in compliance with all City requirements regarding such improvements. The stormwater facilities include the rain gardens and other improvements shown on the Plans. Some of the stormwater facilities are located within the portion of the Property subject to the Conservation Easement. The Conservation Easement permits such facilities to be constructed and maintained within the Conservation Area. The City will also have drainage and utility easements over the stormwater facilities, which easements will partially overlap the Conservation Easement. b) The stormwater facilities serving the Subdivision will remain private and will be maintained by the Developer at its sole expense until taken over by the HOA. 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 Minnehaha Creek Watershed District and City code, the Developer agrees to enter into a Stormwater Maintenance Agreement with the City in the form attached hereto as Exhibit C. The purpose of the Stormwater Maintenance Agreement is to ensure that the Developer maintains the stormwater facilities until taken over by the HOA formed by Developer, and to give the City the right but not the obligation to do so if the Developer or the HOA fails in its obligations. The Stormwater Maintenance Agreement will be recorded against the Property and will run with the land and be binding on Developer and its successors and assigns. The Developer acknowledges that (i) the stormwater facilities 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 stormwater facilities and that the Developer and ultimately the HOA will have primary 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 or HOA to do so pursuant to the Stormwater Maintenance Agreement; and (iv) if, pursuant to the terms of the Stormwater Maintenance Agreement, the City performs any work on the stormwater facilities after reasonable notice to the Developer or HOA and the failure of the Developer or HOA to perform the work, the City intends to seek reimbursement for the cost of such work against the lots within the Subdivision and other portions of the Property through special assessments or otherwise. c) The Developer intends to assign responsibility to the HOA for the maintenance, repair or replacement of the private stormwater facilities as needed and the HOA documents recorded with Hennepin County will so require. The HOA shall be responsible for the maintenance, repair or replacement of all private stormwater facilities serving the Subdivision. The Developer agrees to inform purchasers of lots within the Subdivision that (i) the City does not plan to maintain or pay for maintenance, repair or replacement of the stormwater facilities and that the HOA 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 HOA to do so; 7 515266v5 RHB ME230-672 and (iii) if the City performs any work on the stormwater facilities after reasonable notice to the Developer or HOA and the failure of the Developer or HOA to perform the work, the City intends to recover the cost of such work against the lots within the Subdivision. d) In addition to the common stormwater improvements which will be constructed by the Developer and maintained by the HOA, it will be necessary to construct additional stormwater improvements on each of the six lots at the time of construction of the houses on the lots. These individual stormwater improvements shall be constructed by the builder or lot owner and will be maintained by the lot owner. They will not be the responsibility of the HOA but they will be subject to the Stormwater Maintenance Agreement. e) 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 Subdivision if such work becomes necessary in the opinion of the City based on the Developer’s or the HOA’s failure to perform pursuant to this Agreement and the Stormwater Maintenance Agreement. In recognition of this possibility, the Developer agrees to provide prospective lot purchasers with a disclosure statement informing them of the existence of the District and that a tax could be imposed on the lots within the Subdivision 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 lots in the Subdivision prior to its distribution or use by the Developer. 10. Trailhead. It may be necessary to provide a small trailhead on the Property for access to the public trails if alternative access and parking satisfactory to the City cannot be provided. The Developer agrees to provide an easement on Outlot I to the City for the trailhead and a plan for construction of the required improvements prior to construction of any improvements or buildings within the Subdivision. The easement and the plan must be acceptable to the City. The Developer agrees to construct the trailhead improvements, which shall consist of paving an area of approximately 20’ x 20’, at the time of paving the adjacent private driveway on Outlot J. In the alternative, if the trailhead improvements have not been installed by October 31, 2018, the Developer agrees to pay the City $5,000 and shall be relieved of any obligation to construct the trailhead improvements. The City shall thereafter be responsible for construction of the trailhead improvements on the easement. Access to and location of the trailhead shall not unreasonably interfere with the Developer’s use and enjoyment of Outlot J. 11. Landscaping Plan. The Developer agrees to install landscaping in accordance with the Plans and City code. Particular attention shall be paid to provide vegetative screening from adjacent property along the northern line of Lot 1 and along the southern and western lines of Lot 2. 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 after acceptance by the City. The Developer shall also provide details on any planned removal of significant trees and shall otherwise comply with the City’s tree 8 515266v5 RHB ME230-672 preservation ordinance 12. Conservation Easement; Land Stewardship Plan. a) School Lake Nature Preserve consists of approximately 90 acres. It is the desire of the Developer and the basis under which the City has granted the City Approvals that the Subdivision be developed with single family detached dwellings on individual lots but that a substantial portion of the Property be preserved. An area containing approximately 66 acres of School Lake Nature Preserve (the “Conservation Area” or “Protected Property”) is being set aside by the Developer and will be subject to a conservation easement (the “Conservation Easement”) in the form attached hereto as Exhibit F. In order to achieve the desired restoration and enhancement objectives, the Developer agrees to convey the Conservation Easement to the Minnehaha Creek Watershed District (“MCWD”) at or before the time of recording the plat of School Lake Nature Preserve. The MCWD is a qualified holder (“Holder”) under Minnesota Statutes, chapter 84C. b) The Conservation Easement speaks for itself and includes prohibition on the assignment of the role of Holder to an entity other than MCWD without the prior written approval of the City. The Conservation Easement provides for primary responsibility for enforcement of the terms and conditions of the Conservation Easement by the Holder but authorizes the City to enforce its terms and conditions upon refusal or failure of the Holder to do so. The City intends to recover any costs or expenses the Holder or the City incurs in such enforcement efforts against the six lots in the Subdivision by any means available to it, including through special assessments against the lots. The HOA documents shall so inform lot owners. The Developer, for itself and its successors and assigns, acknowledges the benefit to the lots for such work and hereby consents to the City specially assessing the six lots within the Subdivision for the reasonable cost of enforcement work by the Holder or the City and waives the right to appeal under Minnesota Statutes, Chapter 429 based on the City’s authority to assess. The Developer agrees to install and cause the HOA to maintain adequate signage to delineate the Conservation Area from the residential lots unless alternative provisions are made and implemented under the Conservation Easement. c) The restrictions and obligations associated with the Conservation Area may not be familiar to persons purchasing lots within the Subdivision. The Conservation Easement, Land Stewardship Plan and Restrictive Covenants detail those restrictions and obligations but are not readily available to prospective lot purchase. The Developer agrees to develop and submit to the City for approval information regarding the restrictions and obligations which will be incorporated into the Developer’s marketing materials. The Developer may not market the lots or the Subdivision until such disclosure language has been approved by the City. d) Any restoration work required within the Conservation Easement will be accomplished in accordance with the Land Stewardship Plan (the “LSP”) attached hereto as Exhibit G. e) The Developer shall maintain the Conservation Area on an ongoing basis in accordance with the LSP. The Developer intends to assign its obligations regarding maintenance under the LSP to the HOA and the subsequent owners of the lots. Additionally, the Developer agrees to cause the HOA to employ an ecologist or other expert who is knowledgeable about site 9 515266v5 RHB ME230-672 preservation and restoration in order to maintain the Conservation Area in accordance with the LSP. To the extent funds initially collected from the lot owners are inadequate, the Developer will ensure that the maintenance account has sufficient funds for three years of maintenance. Thereafter, the HOA shall establish fees or assessments against the lots in the Subdivision sufficient to sustain ongoing maintenance work. 13. Letter of Credit. a) In order to ensure completion of the Subdivision Improvements required under this Agreement and satisfaction of all fees due to the City, the Developer agrees to deliver to the City prior to beginning any construction or work within the Subdivision a letter of credit (the “Letter of Credit”) in the amount of $176,538, which represents 150 percent of the estimated cost of the Subdivision Improvements as specified in the Plans. This amount represents the maximum risk exposure for the City, based on the anticipated sequence of construction and the estimate of cost of each element of the Subdivision Improvements, rather than the aggregate cost of all required Subdivision Improvements. The Letter of Credit shall be delivered to the City prior to beginning any work on the Subdivision Improvements and shall renew automatically thereafter until released by the City. The estimated cost of the Subdivision Improvements covered by the Letter of Credit is itemized on Exhibit D attached hereto. The Letter of Credit shall be issued by a bank reasonably acceptable to the City and shall be in a form reasonably 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 Subdivision Improvements and to pay any reasonable fees or costs due to the City by the Developer after written notice to Developer and Developer’s failure to cure the default within a reasonable period. b) As the Developer completes elements of the Subdivision Improvements, the City agrees to reduce the Letter of Credit to an amount roughly equal to 150 percent of the cost of the remaining work, subject to satisfaction of all of the Developer’s financial obligations to the City. The Letter of Credit shall be released in full and returned to the Developer within 30 days of (i) completion of all of the Subdivision Improvements included in the calculation of the Letter of Credit; (ii) expiration of the two-year warranty period for the landscaping; and (iii) satisfaction of all financial obligations by the Developer to the City. Prior to releasing any portion of the Letter of Credit or accepting another letter of credit in replacement, the City shall first be satisfied that all work regarding the Subdivision Improvements has been completed according to the Plans. c) It is the intention of the parties that the City at all times have available to it a Letter of Credit in an amount adequate to ensure completion of all elements of the Subdivision Improvements and satisfaction of the Developer’s financial obligations to the City under this Agreement. To that end and notwithstanding anything herein to the contrary, all requests by the Developer for a reduction or release of the Letter of Credit shall be evaluated by the City in light of that principle. d) If at any time the City reasonably determines that the bank issuing the Letter of Credit is no longer solvent, 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 within 30 days of notice, the Developer fails to provide the City with a 10 515266v5 RHB ME230-672 substitute Letter of Credit from an issuing bank satisfactory to the City, the City may draw under the existing Letter of Credit. 14. Homeowners’ Association. The Developer agrees to establish a homeowners’ association (the “HOA”), encompassing all of the Property. The Developer agrees to record covenants against said land for this purpose, which covenants must be in form and substance reasonably acceptable to the City. The covenants shall be filed by the Developer with Hennepin County prior to any building permits being issued for the Subdivision. The HOA covenants must provide, among other things, for HOA maintenance of the stormwater facilities, the upland buffers, other common areas and the Conservation Area. The HOA covenants shall also include provisions related to the required minimum balance of the Conservation Area maintenance account, reporting requirements and acknowledgment that the City has the right to specially assess the six lots within the Subdivision for costs incurred by the Holder or the City in enforcing the Conservation Easement, which costs are deemed to be a benefit to the lots within the Subdivision. The City must approve the HOA covenants and will require that certain provisions thereof may not be amended or deleted without prior written City approval. 15. Upland Buffer Easement. The City requires that upland buffers be established around wetlands in order to protect the water quality of the wetlands. The Developer agrees to execute the Upland Buffer Easement in the form attached hereto as Exhibit E, which will apply to Wetland C on Lot 2, Block 3 of the Subdivision. The Developer agrees to make the HOA responsible for its maintenance obligations under the Upland Buffer Easement Agreement and that the HOA documents recorded with Hennepin County will so require. Portions of the area which would otherwise have been included in the Upland Buffer Easement are also within the Conservation Area and the City agrees to allow such areas to be restored and maintained in accordance with the Conservation Easement and LSP. 16. Park Dedication Requirements; Trail Easement. In order to satisfy the park dedication requirements for the Subdivision, the Developer agrees to convey easements to the City substantially in the form attached hereto as Exhibit H for the two trails shown on the Plans. The Developer shall be responsible for clearing the trail corridors of vegetation and stabilizing the slopes. The Developer shall convey to the City an easement on Outlot I which may be used as a trailhead. The Developer shall comply with all other requirements of section 10 of this Agreement regarding the trailhead if alternative arrangements for access and parking acceptable to the City are not provided. 17. 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 Subdivision, including the drafting and negotiation of this Agreement. The Developer agrees to reimburse the City in full for such reasonable costs within 45 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 reasonable fee for City construction observation and administration relating to construction of the Subdivision Improvements. In order to 11 515266v5 RHB ME230-672 reimburse the City for the reasonable cost of inspection of the Subdivision Improvements, the Developer shall deposit an additional $8,500 into an escrow account with the City, which shall receive and hold such funds solely under the terms of this Agreement. The City shall reimburse itself for expenses from the escrow and will provide the Developer with a copy of any invoice from the City engineer or evidence of other cost or expense attributed to the escrow prior to deducting such funds from the escrow. If any funds held under this escrow exceed the amount necessary to reimburse the City for its costs under this section, such funds shall be returned to the Developer without interest. If it appears that the actual costs incurred 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. 18. Default. In the event of default by the Developer as to construction or repair of any of the Subdivision Improvements or any other work or undertaking required by this Agreement, and such default continues for 30 days after the City provides written notice to the Developer of the nature of the default pursuant to the notice requirements in this Agreement, or if such default cannot be cured within 30 days, after such time period as may be reasonably required to cure the default provided that Developer is making a good faith effort to cure said default, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any reasonable 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 lots within the Subdivision to recover the costs thereof. For this purpose, the Developer, for itself and its successors and assigns, expressly waives any and all procedural and substantive objections to the special assessments, including but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the land so assessed. The Developer, for itself and its successors and assigns, also waives any appeal rights otherwise available pursuant to Minnesota Statutes, section 429.081. 19. Insurance. The Developer agrees to take out and maintain or cause to be taken out and maintained until six months after the City has accepted the Subdivision 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. 20. No Building Permits Approved; Certificates of Occupancy. a) Approvals granted to date by the City regarding the Subdivision do not include approval of a building permit for any structure within the Subdivision. The Developer or its successors or assigns must submit and the City must approve building plans prior to approval of a building permit for a structure on any lot within the Subdivision. All building pads must be certified prior to initiation of construction of a home on a lot. The Developer or the party applying for a building permit shall be responsible for payment of the customary fees associated with the building permit and all 12 515266v5 RHB ME230-672 other deferred fees as specified in this Agreement. b) No certificate of occupancy shall be issued for any home constructed in the Subdivision unless prior thereto the lot has been graded and all landscaping installed in accordance with the Plans, the septic system and well have been installed and adequate access provided, and an as built survey of the lot has been submitted and approved by the City. In cases in which seasonal weather conditions make compliance with these conditions impossible, the City may accept an escrow of sufficient amount to ensure completion of the work during the following construction season. 21. Clean up and Dust Control. The Developer shall use commercially reasonable efforts to regularly clean dirt and debris from streets adjoining the Subdivision resulting from construction work by the Developer, its contractors, agents or assigns, including any party constructing houses within the Subdivision. Prior to any construction on the Property or adjacent areas, 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 within the Subdivision. 22. Compliance with Laws. The Developer agrees to comply with all laws, resolutions, ordinances, regulations and directives of the state of Minnesota and the City applicable to the Subdivision. 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 lots within the Subdivision. 23. Agreement Runs with the Land. This Agreement shall run with the Property and shall be recorded against the title thereto and shall bind and inure to the benefit of the City and the Developer and their successors and assigns. The Developer warrants that to Developer’s knowledge as of the date hereof, there are no unrecorded encumbrances or interests relating to the Property. 24. 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 approval of the Subdivision. The Developer hereby agrees to indemnify and hold the City and its officers, employees, and agents harmless for all reasonable costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys’ fees, except matters involving intentional acts or gross negligence by the City. 25. Assignment. The Developer may not assign this Agreement without the prior written permission of the City, which consent shall not be unreasonably withheld, conditioned or denied. 26. Notices. Any notice or correspondence to be given under this Agreement shall be deemed to be given if delivered personally or sent by United States certified or registered mail, postage prepaid, return receipt requested: 13 515266v5 RHB ME230-672 a) as to Developer: Wallace A. Marx and Bridget A. Marx 2700 Parkview Drive Medina, MN 55340 with a copy to: Kent Williams Williams Law Firm 1632 Homestead Trail Long Lake, MN 55356 b) as to City: City of Medina 2052 County Road 24 Medina, MN 55340 Attention: City Administrator with a copy to: Ronald H. Batty Kennedy & Graven 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 or at such other address as either party may from time to time notify the other in writing in accordance with this section. The Developer shall promptly notify the City if there is any change in its name or address. 27. 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 section or provision of this Agreement. 28. Non-waiver. Each right, power or remedy conferred upon the City or the Developer 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 or the Developer 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 or the Developer 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. 29. 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. ****************** 14 515266v5 RHB ME230-672 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: __________________________________ Bob Mitchell, Mayor By: __________________________________ Scott T. Johnson City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of __________, 2018, 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 15 515266v5 RHB ME230-672 DEVELOPER By: Wallace A. Marx By: Bridget A. Marx STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) This instrument was acknowledged before me on this ___ day of ________________, 2018, by Wallace A. Marx and Bridget A. Marx, married to each other. ____________________________________ Notary Public This document drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 (RHB) A-1 515266v5 RHB ME230-672 EXHIBIT A-1 TO CONSERVATION DESIGN-PLANNED UNIT DEVELOPMENT AGREEMENT Legal Description of the Property The land to which this Conservation Designed-Planned Unit Development Agreement applies is legally described as follows: Lots 1 and 2, Block 1; Lots 1 and 2, Block 2; Lots 1 and 2, Block 3; and Outlots A through L, All according to the plat of School Lake Nature Preserve, Hennepin County, Minnesota. A-2 515266v5 RHB ME230-672 EXHIBIT A-2 TO CONSERVATION DESIGN-PLANNED UNIT DEVELOPMENT AGREEMENT Legal Description of Conservation Easement The land subject to the Conservation Easement, also known as the Protected Property, is legally described as follows: Outlots A through I and Outlot K, according to the plat of School Lake Nature Preserve, Hennepin County, Minnesota. B-1 515266v5 RHB ME230-672 EXHIBIT B TO CONSERVATION DESIGN-PLANNED UNIT DEVELOPMENT AGREEMENT List of Plan Documents The following documents prepared by ______________ constitute the Plans: [to be completed] C-1 515266v5 RHB ME230-672 EXHIBIT C TO CONSERVATION DESIGN-PLANNED UNIT DEVELOPMENT AGREEMENT FORM OF STORMWATER MAINTENANCE AGREEMENT STORMWATER MAINTENANCE AGREEMENT THIS AGREEMENT (the “Agreement”) is made and entered into as of the ____ day of ____________________, 2018, by and between the city of Medina, a Minnesota municipal corporation (the “City”), and Wallace A Marx and Bridget A. Marx (collectively, the “Developer”). WITNESSETH: WHEREAS, the Developer is the fee owner of certain real property located in Hennepin County, Minnesota, legally described on Exhibit A attached hereto (the “Property”); and WHEREAS, the City has obtained drainage and utility easements over portions of the Property as shown on the plat of School Lake Nature Preserve (the “Easement Areas”); and WHEREAS, by a separate Conservation Design-Planned Unit Development Agreement (the “Development Agreement”), the Developer has agreed to construct and maintain certain stormwater facilities (the “Stormwater Improvements”) for the benefit of the Property; and WHEREAS, the Stormwater Improvements which are the subject of this Agreement include rain gardens and related improvements. The Stormwater Improvements are depicted on Exhibit B attached hereto; and WHEREAS, the Minnehaha Creek Watershed District requires permanent provisions for handling of 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, for itself and its successor or assigns, agrees to maintain the Stormwater Improvements and observe all drainage C-2 515266v5 RHB ME230-672 laws governing the operation and maintenance of the Stormwater Improvements. The Developer shall make periodic inspection and perform maintenance of the Stormwater Improvements as described in Exhibit C attached hereto. The Developer shall make all such scheduled inspections and maintenance, keep record of all inspections and maintenance activities, and submit such records annually to the City. The cost of all inspections and maintenance shall be the obligation of the Developer and its successors or assigns as the fee owner of the Property, which obligation shall be assigned to the HOA, as defined hereinafter, in accordance with section 7 of this Agreement. 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 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 and such portions of the Property as may reasonably be necessary to gain access to 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 (at the applicable rates charged by the City to similarly situated parties), engineering and legal and other reasonable third party 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 successors and assigns, acknowledges that the maintenance work performed by the City regarding the Stormwater Improvements benefits the Property in an amount which exceeds the assessment and hereby waives any right to hearing or notice and the right to appeal the assessments otherwise provided by Minnesota Statutes, Chapter 429. Notwithstanding the foregoing, in the event of an emergency, as determined by the city engineer, the 30-day notice requirement to the Developer for failure to perform maintenance tasks shall be and hereby is waived in its entirety by the Developer, and the Developer shall reimburse the City and be subject to assessment for any expense so incurred by the City in the same manner as if written notice as described above has been given. 3. Hold Harmless. The Developer hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys’ fees) arising out of or resulting from the Developer’s, or the Developer’s agents’ or employees’ negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement by Developer or Developer’s Agents or Employees, 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, except to the extent of intentional or grossly negligent acts of the City, its employees, agents and representatives. In the event the City, upon the failure of the C-3 515266v5 RHB ME230-672 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. Individual Stormwater Improvements. In addition to the Stormwater Improvements serving the Property generally to be constructed by the Developer and maintained by the HOA, it will be necessary to construct additional stormwater improvements on each of the six lots at the time of construction of the houses on the lots. These individual stormwater improvements will be constructed by the home builder or lot owner and will be maintained by the lot owner, not the HOA. Each lot owner shall have the same responsibilities and obligations with regard to maintenance of the stormwater improvements serving the owner’s lot as the HOA has with regard to the common Stormwater Improvements. Likewise, the City shall have the same rights with regard to maintenance of the individual stormwater improvements as it does hereunder regarding the common Stormwater Improvements. 5. Costs of Enforcement. The Developer agrees to reimburse the City for all reasonable costs prudently incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys’ fees after providing written notice to Developer and a reasonable opportunity to cure. 6. Rights Not Exclusive. No right of the City under this Agreement shall be deemed to be exclusive and the City shall retain all rights and powers it may have under Minnesota Statutes, sections 444.16 to 444.21 to acquire, construct, reconstruct, extend, maintain and otherwise improve the Stormwater Improvements. 7. Notice. All notices required under this Agreement shall either be personally delivered or be sent by United States certified or registered mail, postage prepaid, and addressed as follows: a) as to Developer: Wallace A. Marx and Bridget A. Marx 2700 Parkview Drive Medina, MN 55340 with a copy to: Kent Williams Williams Law Firm 1632 Homestead Trail Long Lake, MN 55356 b) as to City: City of Medina 2052 County Road 24 Medina, MN 55340 ATTN: City Administrator C-4 515266v5 RHB ME230-672 with a copy to: Ronald H. Batty Kennedy & Graven 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 or at such other address as either party may from time to time notify the other in writing in accordance with this paragraph. 8. 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. Notwithstanding the foregoing, upon creation of a homeowners’ association for the Property (the “HOA”) by an instrument in a form satisfactory to the City which assumes and agrees to perform the obligations and responsibilities of the Developer under this Agreement, the HOA shall be bound by all terms and conditions of this Agreement as if it were the original signatory hereto and the Developer, its successors and assigns, shall be released from all personal liability under this Agreement but the Property shall remain subject to the terms and conditions of this Agreement. 9. Effective Date. This Agreement shall be binding and effective as of the date first written above. 10. Governing Law. This Agreement shall be construed under the laws of Minnesota. ************************** C-5 515266v5 RHB ME230-672 DEVELOPER By: Wallace A. Marx By: Bridget A. Marx STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) This instrument was acknowledged before me on this ___ day of ________________, 2018, by Wallace A. Marx and Bridget A. Marx, married to each other. ____________________________________ Notary Public C-6 515266v5 RHB ME230-672 CITY OF MEDINA By: Bob Mitchell, Mayor By: Scott T. Johnson City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of _________, 2018, 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. Notary Public This instrument drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 C-7 515266v5 RHB ME230-672 This Stormwater Maintenance Agreement is acknowledged and consented to by: MINNEHAHA CREEK WATERSHED DISTRICT By: STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2018 by _________________________, the ______________________ of the Minnehaha Creek Watershed District, a _____________________ under the laws of Minnesota, on behalf of the District. Notary Public C-A-1 515266v5 RHB ME230-672 EXHIBIT A TO STORMWATER MAINTENANCE AGREEMENT Legal Description of the Property The property to which this Stormwater Maintenance Agreement applies is legally described as follows: Lots 1 and 2, Block 1; Lots 1 and 2, Block 2; Lots 1 and 2, Block 3; and Outlots A through L, All according to the plat of School Lake Nature Preserve, Hennepin County, Minnesota. C-B-1 515266v5 RHB ME230-672 EXHIBIT B TO STORMWATER MAINTENANCE AGREEMENT Depiction of Location of Stormwater Improvements [to be completed] C-C-1 515266v5 RHB ME230-672 EXHIBIT C TO STORMWATER MAINTENANCE AGREEMENT Inspection and Maintenance Schedule C-C-2 515266v5 RHB ME230-672 D-1 515266v5 RHB ME230-672 EXHIBIT D TO CONSERVATION DESIGN-PLANNED UNIT DEVELOPMENT AGREEMENT Subdivision Improvement Cost Estimate D-2 515266v5 RHB ME230-672 E-1 515266v5 RHB ME230-672 EXHIBIT E TO CONSERVATION DESIGN-PLANNED UNIT DEVELOPMENT AGREEMENT FORM OF UPLAND BUFFER EASEMENT AGREEMENT THIS UPLAND BUFFER EASEMENT AGREEMENT (the “Agreement”) is made this ____ day of __________, 2018, by and between the city of Medina, a Minnesota municipal corporation (the “City”), and Wallace A. Marx and Bridget A. Marx (collectively, 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 Grantor and the City have entered into a separate development agreement (the “Development Agreement”) regarding the subdivision and development of the Property and other land owned by the Grantor as School Lake Nature Preserve. C. The City has granted approval of a Planned Unit Development General Plan of Development and plat concerning School Lake Nature Preserve (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 and depicted on Exhibit B, attached hereto (the “Easement Area”). D. In accordance with the Development Agreement, the City Approvals and the City’s wetland preservation ordinance, the City has requested that Grantor grant to the City an easement (the “Upland Buffer Easement”) over the Easement Area and Grantor has agreed to maintain the Easement Area. E. Grantor is willing to grant the Upland Buffer Easement in accordance with the terms of this Agreement. F. The Grantor is willing to establish and maintain the Upland Buffer in accordance with the terms of this Agreement. PROVISIONS In consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Grantor hereby grants and conveys to the City an Upland Buffer Easement in, under, on, E-2 515266v5 RHB ME230-672 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: a. The Easement Area shall be preserved predominantly in its natural condition, except to the extent set forth below. No use shall be made of the Easement Area except uses, if any, which would not change or alter the condition of the Easement Area or its drainage, water conservation, erosion control, soil conservation, or fish and wildlife habitat and characteristics. b. No structures, hardcover or other improvements shall be constructed, erected, or placed upon, above or beneath the Easement Area, with the exception of a boardwalk or dock not to exceed four feet in width to allow reasonable access to the wetland. c. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Easement Area except as is necessary to remove storm damage, diseased or non- native vegetation or as authorized by the prior written consent of the City consistent with the wetland preservation ordinance. A path no more than four feet in width may be mowed to allow reasonable access to the wetland. d. No earth, peat, gravel or soil, sand or any other natural material or substance shall be moved or removed from the Easement Area and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Easement Area without the prior written consent of the City. e. No soil, sand, gravel or other substance or material as landfill shall be placed, dumped or stored upon the Easement Area, and no waste, trash, yard waste, manure or other materials shall be placed, dumped or stored upon the Easement Area without the prior written consent of the City. 3. Grantor represents that Grantor owns the Easement Area in fee simple, subject only to the encumbrances of record. 4. Grantor agrees to install a vegetative buffer in accordance with the City’s upland buffer requirements in the Easement Area. Notwithstanding anything else herein to the contrary, the vegetative upland buffer does not need to be installed until the time of construction of improvements on the Property. 5. The Grantor conveys to the City, 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 E-3 515266v5 RHB ME230-672 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 to the Grantor and an order for corrective action consistent with City regulations. If the Grantor does not take the required corrective action within 30 days or such additional period as may be reasonably necessary following notice of 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 their 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 Subdivision Property. The Grantor, on behalf of itself and its successor and assigns, acknowledges that the corrective work performed by the City benefits the Property in an amount which exceeds the assessment and hereby waives any right to hearing or notice and the right to appeal the assessments otherwise provided by Minnesota Statutes, Chapter 429. b. The City may bring an action in any court of competent jurisdiction against the Grantor to enforce the terms of this Agreement; to require restoration of the Easement Area to its prior or more natural condition; to enjoin such non- compliance by temporary or permanent injunction and to recover any damages arising from such non-compliance. If a court determines that the Grantor has failed to comply with this Agreement, Grantor or Grantor’s successors or assigns shall reimburse the City for any reasonable costs of enforcement, including costs of restoration, court costs and reasonable attorneys’ fees, in addition to any other payments ordered by the court. 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 shall bear all costs and liabilities of any kind related to ownership, operation and maintenance of the Easement Area, except for costs resulting from the negligence or acts of the City. 8. Grantor agrees to indemnify, defend and hold harmless the City, their 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. The Grantor and the City agree that each shall be responsible for its own acts and the results of such acts and shall not be responsible for the act of any 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. E-4 515266v5 RHB ME230-672 11. This Agreement runs with the Property. 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. 12. Any notice required in this Agreement shall be delivered personally or sent by U.S. certified mail, return receipt requested: a) as to Developer: Wallace A. Marx and Bridget A. Marx 2700 Parkview Drive Medina, MN 55340 with a copy to: Kent Williams Williams Law Firm 1632 Homestead Trail Long Lake, MN 55356 b) as to City: City of Medina 2052 County Road 24 Medina, MN 55340 Attn: City Administrator With a copy to: Ronald H. Batty Kennedy & Graven, 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. ************************ E-5 515266v5 RHB ME230-672 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. DEVELOPER By: Wallace A. Marx By: Bridget A. Marx STATE OF MINNESOTA ) ) ss COUNTY OF ____________ ) This instrument was acknowledged before me on this ___ day of ________________, 2018, by Wallace A. Marx and Bridget A. Marx, married to each other. ____________________________________ Notary Public E-6 515266v5 RHB ME230-672 CITY OF MEDINA By: Bob Mitchell, Mayor By: Scott T. Johnson, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2018, 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 This document drafted by: City of Medina 2052 County Road 24 Medina, MN 55340 E-A-1 515266v5 RHB ME230-672 EXHIBIT A TO UPLAND BUFFER EASEMENT AGREEMENT Legal Description of Property Lot 2, Block 3, School Lake Nature Preserve, Hennepin County, Minnesota E-B-1 515266v5 RHB ME230-672 EXHIBIT B TO UPLAND BUFFER EASEMENT AGREEMENT The Upland Buffer Easement is over those portions of the Property legally described and depicted as follows: [to be completed] F-1 515266v5 RHB ME230-672 EXHIBIT F TO CONSERVATION DESIGN-PLANNED UNIT DEVELOPMENT AGREEMENT FORM OF CONSERVATION EASEMENT CONSERVATION EASEMENT [append final form of document] G-1 515266v5 RHB ME230-672 EXHIBIT G TO CONSERVATION DESIGN-PLANNED UNIT DEVELOPMENT AGREEMENT Land Stewardship Plan [append final form of LSP approved by MWCD on _______________] H-1 515266v5 RHB ME230-672 EXHIBIT H TO CONSERVATION DESIGN-PLANNED UNIT DEVELOPMENT AGREEMENT FORM OF TRAIL EASEMENT TRAIL EASEMENT THIS INSTRUMENT is made by Wallace A. Marx and Bridget A. Marx, married to each other (collectively, “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 and legally described on Exhibit A attached hereto (the “Property”). B. Grantor desires to grant to the Grantee a trail easement, according to the terms and conditions contained herein. C. The easement is legally described in Exhibit B attached hereto. The easement is depicted in Exhibit C 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 B 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. Any trail constructed pursuant to this easement shall be for pedestrian use only, H-2 515266v5 RHB ME230-672 shall have a grass, woodchip or paved surface, and shall be no more than an average of eight feet and a maximum of ten feet in width, within the alignments indicated in Exhibit B, attached hereto and incorporated herein. This agreement shall not restrict motorized access to the easement area for law enforcement, maintenance or other public health or safety purposes. 3. 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. Notwithstanding the above, construction-phase disturbance outside of the trail width shall be minimized, and the Grantee shall restore any such disturbed soils and vegetation in a manner satisfactory to the Minnehaha Creek Watershed District. 4. 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. 5. 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. 6. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its heirs and assigns. * * * * * * * * * * * H-3 515266v5 RHB ME230-672 STATE DEED TAX DUE HEREON: NONE Dated this _____ day of ______________, 2018. GRANTOR By: Wallace A. Marx By: Bridget A. Marx STATE OF MINNESOTA ) ) ss. COUNTY OF _________ ) This instrument was acknowledged before me this ___ day of ________________________, 2018, by Wallace A. Marx and Bridget A. Marx, married to each other. ____________________________________ Notary Public NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 H-A-1 515266v5 RHB ME230-672 EXHIBIT A TO TRAIL EASEMENT The Property is legally described as follows: Outlots C, I, J, K, G and Lots 1 and 2, Block 3; and Outlots B, C and I, All in School Lake Nature Preserve, Hennepin County, Minnesota. H-B-1 515266v5 RHB ME230-672 EXHIBIT B TO TRAIL EASEMENT H-B-2 515266v5 RHB ME230-672 H-B-3 515266v5 RHB ME230-672 H-C-1 515266v5 RHB ME230-672 EXHIBIT C TO TRAIL EASEMENT Depiction of East-West Trail Easement H-C-2 515266v5 RHB ME230-672 Ordinance No. ### DATE 1 CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE ESTABLISHING THE SCHOOL LAKE NATURE PRESERVE 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 development of School Lake Nature Preserve (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 School Lake Nature Preserve 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 and Recorder of Hennepin County. Section III. This ordinance shall become effective upon its adoption and publication and the recording of the plat of School Lake Nature Preserve in Hennepin County. Agenda Item # 8B Ordinance No. ### DATE 2 Adopted by the City Council of the City of Medina this __ day of ________, 2018. Bob Mitchell, Mayor Attest: _____________________________________ Jodi M. Gallup, City Clerk Published in the Crow River News on this _________ day of ______________, 2018. Ordinance No. ### DATE A-1 EXHIBIT A Legal Description of property contained within boundaries of School Lake Nature Preserve Storm Sewer Improvement Tax District Lots 1&2, Block 1, Lots 1&2, Block 2, Lots 1&2, Block 3, Outlot J and Outlot K, School Lake Nature Preserve, Hennepin County, Minnesota Ordinance No. ### DATE B-1 EXHIBIT B Map of School Lake Nature Preserve Storm Sewer Improvement Tax District Location of School Lake Nature Preserve Storm Sewer Improvement Tax District Resolution No. 2018-## February 20, 2018 Member _______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2018-## 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 School Lake Nature Preserve 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 School Lake Nature Preserve Storm Sewer Improvement Tax District. The tax district applies to Lots 1-2, Block 1, Lots 1-2, Block 2, Lots 1-2, Block 3 and Outlots J and K, School Lake Nature Preserve, Hennepin County, Minnesota. The tax district allows the City to levy taxes to pay for construction, reconstruction, and maintenance of stormwater facilities on the property if the owners fail to conduct these activities. 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. Agenda Item # 8B1 Resolution No. 2018-## February 20, 2018 2 Dated: February 20, 2018. 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. Project: LR-17-222 – School Lake Nature Preserve Final Plat The following documents are all part of the official record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant: Document Received Date Document Date # of pages Electronic Paper Copy? Notes Application 12/15/2017 12/15/2017 3 Application Y Fee NA NA Transferred from pre-plat Site Plan 12/15/2017 12/5/2017 1 Site Plan Y Site Plan 2/8/2018 2/5/2018 1 Site Plan-2-8-2018 Y Minnehaha Creek Letter 12/15/2017 12/13/2017 1 Minnehaha Creek Y Plan Set 12/15/2017 12/9/2017 5 Plans Y Includes wetland crossing Plan Set – Updated 2/8/2018 2/5/2018 8 Plans-2-8-2018 Y Landscaping Plan 1/19/2018 NA 1 Screening Plat 12/15/2017 NA 5 Plat Y Plat – Updated 2/8/2018 NA 5 Lot Summary 12/15/2017 12/5/2017 1 Lot Summary Y Lot Summary – updated 2/8/2018 2/5/2018 1 Lot Summary-2-8-2018 Y Wetland Exhibit 12/15/2017 12/5/2017 1 Wetland Exhibit Y Stormwater Info 12/15/2017 12/2/2017 34 Stormwater -12-15-2017 Y Stormwater Info 2/8/2018 2/7/2018 43 Stormwater-2-8-2018 Y Land Stewardship Plan 12/28/2017 09/01/2017 22 LSP-09-01-2017 Y Land Stewardship-Updated 1/30/2018 1/28/2018 24 LSP-1-30-2018 N Land Stewaarship-2-11 2/12/2018 2/6/2018 21 LSP-2-12-2018 Y Covenants 12/15/2017 11/28/2017 26 Covenants-11-28-2017 Y Covenants-Updated 2/1/2018 2/1/2018 27 Covenants-2-1-2018 N Covenants-Updated 2/7/2018 2/7/2018 27 Covenants-2-7-2018 Y Conservation Easement 12/28/2017 12/3/2017 24 Conservation Easement Y Conservation Easement 1/30/2018 1/28/2018 25 ConservationEasement-1-30 N Conservation Easement 2/12/2018 2/11/2018 25 Conservation Easement-2-12 Y Title Info 1/18/2018 7/9/2007 53 Y Y Title-Supplement 3 2/1/2018 1/11/2018 8 Y Y Title-Supplement4 2/14/2018 1/11/2018 10 Y Y Legal Descriptions 12/15/2017 12/14/2017 5 Y Y Includes 2 depictions Legal Descriptions-updated 2/8/2018 12/14/2017 9 Y Y Includes 2 depictions Parking Proposal 2/8/2018 NA 1 Y Y Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Preliminary Review 1/18/2018 2 Y City Engineer Comments 1/4/2018 3 Y City Engineer Comments 2/15/2018 3 Building Official 1/26/2018 1 Y Nature Resource Review 1/3/2018 3 Y Plat Opinion 2/14/2018 5 Y Minnehaha Creek 2/2/2018 5 Y Incomplete Staff Report 2/15/2018 6 Y Public Comments    701 Xenia Avenue South | Suite 300 | Minneapolis, MN 55416 | (763) 541-4800    Building a legacy – your legacy. Equal Opportunity Employer | wsbeng.com  February 15, 2018 Mr. Dusty Finke Planner City of Medina 2052 County Road 24 Medina, MN 55340-9790 Re: Marx CD PUD Final Plat Submittal – Engineering Review City Project No. LR-17-222 WSB Project No. 011295-000 Dear Mr. Finke: We have reviewed the Marx Conservation District PUD Concept application and plans dated February 8, 2018. The applicant proposes to construct a six single family parcels. The documents were reviewed for general conformance with the City of Medina’s general engineering standards and Stormwater Design Manual. We have the following comments with regards to engineering and stormwater management matters. Site Plan & Civil 1. A profile of the shared driveway was provided, please note the other proposed driveway grades as well. Complete. The applicant will need to provide the remaining driveway grades with each of the proposed house plans. 2. Show the location of the public access trail referenced in the narrative. Complete. 3. With future submittals, please provide the following: a. A drawing showing or exhibit showing fire truck turning movements and access through site. b. Soil borings or hand augers shall be provided to confirm that 12-inches of class 5 and a geotextile fabric exist. Complete. c. Show a proposed street typical section detail on the plans. With future submittals submit cross sections along the roadway at least every 50 feet to confirm the construction limits of the proposed road widening. Complete. d. Add curve data and roadway grades to the proposed road profile on Sheet 5. Horizontal but not vertical curve data was provided, please provide. Complete. 4. Add applicable City of Medina standard plates to the plan set. Complete. 5. Provide an easement to encompass the full width of any shared driveways. Easements will also be required to encompass the rain garden locations. Marx CD PUD Final Plat Submittal – Engineering Review February 15, 2018 Page 2 6. Provide a detail for the “v-notch” weir. 7. Hatch the locations where rip-rap is proposed and include note for class and quantity. Stormwater 8. With future submittals, please provide the following: a. Stormwater calculations showing compliance with the City’s rate control, water quality, infiltration and freeboard requirements. Complete. b. Documentation that a permit application has been sent to Minnehaha Creek Watershed District. Provide the final permitting documents prior to the start of construction. c. Indicate existing high-water levels and overflow routes of School Lake and the large wetland complexes on the plans in order to evaluate compliance with the freeboard requirement. OHW was listed on the plans for School Lake. Existing high-water levels and overflow routes of the large wetland complexes still need to be provided on the plans. Complete d. The development is proposed on what appears to be the overflow route for School Lake to the south, labeled Outlot A and I. Verify adequate freeboard is provided to future development and that the capacity of the EOF is not impacted. A drainage map was provided showing flows through the overflow routes. Adequate freeboard will still need to be verified for future development. Update plans to note the lowest opening elevation for each of the future lots based on the relevant EOF elevations. Complete. Lowest opening elevations provided are adequate with the EOF elevations shown on the plans. Verify low openings are consistent once development occurs. 9. Provide typical raingarden detail (or other proposed treatment method) for the future home sites. Complete 10. Indicate more clearly how stormwater will be conveyed to the proposed raingarden locations adjacent to the roadway, show elevations/inverts of piping/draintile systems, define swales more clearly, and add the necessary cross sections and details. 11. The City’s detail indicates an underdrain within the rain gardens, but none is shown on the plan. Add underdrain to plan with cleanouts and invert elevations. Erosion Control 12. Provide a plan sheet showing erosion control measures to be implemented during construction and interim and/or permanent turf establishment information. 13. Provide detail for rock construction entrance. Wetlands 14. Wetland C is shown entirely within Lot 5. Provide an easement to fully encompass this wetland area including the appropriate buffers. Complete. 15. It appears wetland impacts are being avoided to a great extent, but provide a more detailed plan showing the roadway to Lot 4 as that passes through a very narrow area between Wetlands E and F. Complete. Marx CD PUD Final Plat Submittal – Engineering Review February 15, 2018 Page 3 16. It appears that wetland impacts may occur due to the construction of the driveway to Lot 4 and the proposed horse trail. Provide appropriate documentation of compliance with WCA for any proposed wetland impacts and include a plan with a cross sections of the impact locations similar to the those provided with the shared roadway, but with the edge of wetland line shown. Complete. 17. There is a “proposed east-west trail easement for future use” within the Upland Buffer Zone for Wetlands A and B. The installation of public trails is allowable within Upland Buffer Zones, but the temporary and permanent disturbance shall not exceed 8 feet and must be located outside of the minimum buffer widths for those wetlands (30 feet for Preserve wetlands). Portions of the trail easement are currently 10 feet wide and located within the minimum buffer zones. Complete. 18. The western lobe of Wetland F should be physically connected to the larger Wetland F basin Complete. 19. It does not appear the applicant will meet the minimum buffer widths required for the north side of Wetland B, per 828.43 Subd. 5 (g). The applicant has proposed an additional 10,500 square feet of buffer along the west side of Wetland B to offset the buffer reduction for that basin resulting from the roadway itself. Approximately 6,500 square feet of additional buffer should be added to Wetland B to offset the loss of buffer north of the roadway. Complete. 20. It does not appear the applicant will meet the minimum buffer widths required for the south side of Wetland J near the proposed roadway, per 828.43 Subd. 5 (g). The remaining buffer should be adjusted to mitigate for the loss of buffer resulting from the roadway. Complete. 21. It does not appear the applicant will meet the minimum buffer widths required between Wetland E and Wetland F, per 828.43 Subd. 5 (g). The applicant has proposed an additional 900 square feet of buffer along the south side of Wetland E to offset the buffer reduction. It appears that approximately 1,750 square feet of additional buffer will still be required to offset the loss of buffer for that area. Complete. 22. The applicant is proposing wetland management classifications that differ from those shown City of Medina’s Wetland Management Classification map. The applicant provided a document outlining the proposed classifications on June 6, 2017. Following a review of the document, the City agrees with the proposed wetland management classifications. Complete. Please contact me at 763-287-8532 if you have any questions. Sincerely, WSB & Associates, Inc. Jim Stremel, P.E. City Engineer Hennepin County Bikeway Page 1 of 2 February 20, 2018 Participation Program Grant City Council Meeting MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: February 15, 2017 MEETING: February 20, 2018 City Council SUBJ: Hennepin County Bikeway Participation Program Grant Background Hennepin County annually provides grants to support the construction of bikeways within the County as part of its Bikeway Participation Program. The grants are a 50/50 match with local dollars up to a maximum of $100,000. Applications are due March 1, 2018. The City received a grant of approximately $50,000 in 2017 for the trail to be constructed along Pinto Drive from Hamel Road to Tower Drive. City staff has identified a short trail connection along County Road 101 as a candidate for a grant application in 2018. The trail would connect the existing trail on the west of County Road 101 and north of Evergreen Road down to an existing underpass under County Road 101, and then continue east of County Road 101 to the future elementary school being constructed by the Wayzata School District. A location map is attached. The City is partnering with Wayzata School and the City of Plymouth on the project. They intend to extend the trail along the southern portion of the Wayzata School Property to Yellowstone Lane. Ultimately, this trail is intended to be continued by the City of Plymouth along future 54th Avenue to Peony. This trail would provide access to an extensive network in Plymouth. Staff conservatively estimates the construction cost of the trail at approximately $40,000. There will need to be either wetland impacts or a bridge over the ditch east of County Road 101, which could add an additional $10,000-$15,000 for mitigation costs. With an additional 30% overhead and contingency, the potential project cost would be $65,000. The Park Commission has previously recommended that this project be included in the Capital Improvement Program in 2019. The CIP approved by the City Council included more than the estimated cost in 2019. Potential Council Action Staff intends to continue discussions with Wayzata Schools and the City of Plymouth on the project and the potential grant application. There is a good deal of slope on the western portion of the trail to get from County Road 101 down to the tunnel. Generally, trails are supposed to be under 5% slope to maintain accessibility. Guidelines include allowances for short segments of trails to be up to 8.3% if Agenda Item # 8C Hennepin County Bikeway Page 2 of 2 February 20, 2018 Participation Program Grant City Council Meeting necessitated by existing conditions. To achieve a 5% slope, there would need to be substantial amounts of grading and a significantly larger easement area would be necessary. Staff believes the most practical solution would be to strive for a trail with a slope of 8%, but is cautious that the amount of work that it would take to justify Hennepin County that it is necessary to do so. The City may need to spend as much on surveying and engineering as the grant would provide to show the difficulty of the slope on paper. Nonetheless, staff believes the trail connection may be a good candidate for the bikeway participation program. Staff seeks authorization to apply for the grant if staff determines that the grant requirements will not be overly onerous. If the Council concurs, staff would recommend the following actions: 1. Move to direct staff to apply for the Hennepin County Bikeway Participation Program if staff determines the grant is appropriate for the proposed segment 2. Move to adopt the resolution supporting grant application for the Hennepin County Bikeway Participation Program. Attachments 1) Project Location Map 2) Resolution supporting grant application 3) Potential trail layout HAMEL COUNTY ROAD 101 HIGHWAY 55 HACKAMORE CLYDESDALE EVERGREEN L I L A C PRIMROSE SIOUX BERGAMOT HUNTER CHERRY HILL ELM CREEK W I L D M E A D O W S LINDEN C A L A M U S LYTHRUM SHAWNEE WOODS MILL WESTFALEN C O M A N C H E SUNRISE CASSIA RIDGEVIEW C LY D E S D A L ELINDEN County Road 101 - Wayzata School ConnectionProject Location Future Wayza ta Elementary Legend Proj ect Location Future City of Plymouth Trail Resolution No. 2018-## February 20, 2018 Member ______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2018-## RESOLUTION SUPPORTING GRANT APPLICATION FOR HENNEPIN COUNTY BIKEWAY PARTICIPATION PROGRAM WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Hennepin County (the “County”) provides funding assistance through its Bikeway Participation Program to implement effective bikeway projects that extend the Hennepin County bikeway system, supports local plans, and supports the implementation of the Hennepin County Transportation Plan; and WHEREAS, the City has identified construction of a trail connection from the west side of County Road 101 easterly to the future elementary school to be constructed by the Wayzata School District (the “Project”) as an opportunity to extend the County and City bikeway and trail systems and to support the implementation of the County and City Transportation Plans; and WHEREAS, the Project is identified on the City’s trail plan, the City’s transportation plan, the Hennepin County bike plan, the Hennepin County transportation plan, and the Metropolitan Council’s Regional Trail plan; and WHEREAS, the City has included funds within its 2018 Capital Improvement Plan to match grant funds which may be provided by the Bikeway Participation Program. NOW, THEREFORE BE IT RESOLVED, by the City Council of Medina, Minnesota that the City request funding for the Project through the Hennepin County Bikeway Participation Program. BE IT FURTHER RESOLVED that City staff is hereby authorized and directed to take necessary actions to apply for such funding. Resolution No. 2018-## 2 February 20, 2018 Dated: February 20, 2018. 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. 1 inch = 30 feet 10 ft. bituminous trail - approx 95 lin. ft. - Max 8% slope 10 ft. bituminous trail - approx 75 lin. ft. - Max 8% slope 10'x20' bituminous landing - Max 2% slope Existing Tunnel 10 ft. bituminous trail - approx 170 lin. ft. - Approx. 4% slope Trail to be constructed on Wayzata School property Wetland impact - amount to be determined Legend Project Location Existing Tunnel Wayzata School Trail County Road 101 County Road 101 - Wayzata School Connection DRAFT: February 13, 2018 February __, 2018 Kathryn A. Green, President PERA Board of Trustees 60 Empire Drive, Suite 200 St. Paul, MN 55103 Dear President Green, From June 2017 to December 2017 the Medina City Council worked on and passed its budget for 2018. Since over 60% of the city expenses are for employee salaries and benefits, we examine those obligations thoroughly and carefully. Amongst other issues, we have identified two issues concerning PERA, Teachers’ Retirement and similar retirement funds. First, we have observed that there are differences of opinion about whether the retirement funds have and will have enough money for their future financial obligations. Much of the difference of opinion relates to the discount rate you use to calculate the present value of future obligations of the funds. We think you use a rate in the 7% to 8% range. You also use a rate in the 7% to 8% range to estimate future growth of the funds. In our experience, an individual (such as we on the council) should use lower rates in the 3% to 5% range. We worry that the 7% to 8% rates you use are too optimistic. Second, after World War II private companies and government entities offered more and more retirement plans for employees. For many valid factual and demographic circumstances, most such plans were defined benefit plans. In the following seventy years the factual and demographic circumstances have changed markedly. In addition, many laws have been enacted which have had the effect of increasing the amount of employer obligations under such plans. In response to all the Agenda Item # 9A changes, most private companies have changed their retirement plans from defined benefit plans to defined contribution plans. The sense of the Medina City Council is that you need to carefully examine the above issues. We think both the discount rate and expected rate of return you use are too high. If those rates are too high, then the consequences to the citizens of Medina are that they and their descendants will have to pay more in the future to make up for the overly optimistic rates you are using. Further, and for the same negative future effect on the citizens of Medina, we recommend that you change from defined benefit plans to defined contribution plans for the future. Thank you for your attention to these important matters. Respectfully Submitted City of Medina By:__________________ Bob Mitchell, Mayor CC: Doug Anderson, PERA Executive Director Governor Mark Dayton Senator Dave Osmek Rep. Jerry Hertaus David Unmacht, Executive Director at League of Minnesota Cities Planning Department Update Page 1 of 2 February 20, 2018 City Council Meeting MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: February 15, 2018 SUBJ: Planning Department Updates – February 20, 2018 City Council Meeting Land Use Application Review A) Maxxon Site Plan Review – 900-920 Hamel Road – Maxxon has requested a site plan review for a 4,854 square foot addition between the two existing buildings on their property. The applicant proposes to convert existing bituminous to pervious surfacing because no more hardcover can be added as a result of the Elm Creek Shoreland Overlay District. The Planning Commission reviewed at the January 18 meeting and recommended approval. The Council reviewed at the February 7 meeting and directed staff to prepare approval docs, which will be presented on February 20. B) School Lake Nature Preserve CD-PUD – Wally and Bridget Marx have requested final plat approval for their conservation design subdivision of 6 lots and conservation of 70 acres (11.76 buildable). The project is scheduled for review at the February 20 meeting. C) Maxxon Text Amendment (Fiber Cement) – Maxxon has requested that the City consider allowing fiber cement panels as an allowed exterior building material to re-side existing masonry structures to prevent moisture intrusion. Fiber cement panels are not currently permitted as an exterior material. The Planning Commission held a public hearing at the January 18 meeting and recommended adoption of the ordinance to permit fiber cement panels. The City Council adopted the ordinance at the February 7 meeting. The project will now be closed. D) Lunski Final Plat – Lunski, Inc. has applied for final approval of the subdivision related to the development of 80 units of mixed senior housing and 24,000 s.f. of office north of Highway 55 and west of Mohawk Drive. The Council adopted a resolution of approval at the November 16 meeting. Staff will work with applicant on conditions of approval before construction begins. E) Reserve of Medina Second Addition – Toll Brothers has requested approval of the second phase of the Reserve of Medina project. The City Council adopted approval documents on September 19. Staff will work with the developer related to the conditions of approval. F) Johnson ADU CUP, Dykhoff Septic Variance, Hamel Brewery, St. Peter and Paul Cemetery – 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. G) Woods of Medina – This preliminary plat has been approved and staff is awaiting a final plat application H) Hamel Road Thirty Two, Hamel Haven subdivisions – These subdivisions have received final approval. Staff is working with the applicants on the conditions of approval before the plats are recorded Other Projects A) Comprehensive Plan – The City Council completed review of the draft Comprehensive Plan update at the November 16 meeting and directed staff to submit for Met Council review. The Met Council deemed the information incomplete and provided comments. Staff presented the revisions and supplemental information at the January 16 meeting and resubmitted to the Met Council on January 24. Planning Department Update Page 2 of 2 February 20, 2018 City Council Meeting B) County Road 101 Trail Connection – staff collected information for the engineer working with Wayzata Schools to provide a cost estimate for the project. Information will be submitted to the Council at the February 20 meeting to submit a grant to the Hennepin County bikeway program by March 1. C) MSA Analysis – staff has prepared information for Council to review related to the City’s 0.41 unallocated MSA mileage. Staff intends to present the information to the Council on February 20 and is not recommending changes at this time. D) R1, R2, R3 Zoning Districts – staff has begun analyzing the work described in the Implementation Plan of the Comp Plan update and is preparing changes to the R1, R2, and R3 district. The Planning Commission held a hearing at the February 13 meeting and recommended approval. Staff intends to present to the Council on March 6. E) LED Lighting – staff is studying LED lighting and preparing a report for the Planning Commission, potentially at the March 13 meeting. F) Mixed Residential zoning district – staff has begun researching options for implementing the mixed residential zoning district. Staff intends to coordinate reach out for involvement of affected property owners in April or May with the intent of preparing an ordinance for the June Planning Commission meeting. G) Long Lake Subwatershed Partnership – staff met with Cassy Ordway, the President of the Long Lake Waters Association, regarding potential carp management and research opportunity in Long Lake. Staff in reviewing information and will discuss with Council if it appears viable H) Wireless Internet provider – staff met with a wireless internet provider seeking to partner with the City on providing an alternative to wired broadband service. The provider proposed that the City fund a $24,000 feasibility report for potential service. Staff’s initial response was that a partnership may be advantageous, but that the City should not be responsible for the entire feasibility/market study. I) Wetland Enforcement – staff continues to follow-up on a wetland violation from 2017. The property owner has begun compliance activities, but has not yet completed. TO: Mayor Robert Mitchell and City Council FROM: Edgar J. Belland, Director of Public Safety, Through City Administrator Scott Johnson DATE: February 16, 2018 RE: Department Updates Out of Town I will be out of town from February 17th through February 24th. I will be reachable by my cell phone. Assault with a Deadly Weapon On February 13, 2018, we took a call of a man who had been stabbed in the arms with a knife by his girlfriend in the 4600 block of Mohawk Drive. The male had driven himself to the urgent care. The suspect was located at the home and arrested. She was transported to a medical facility to be checked, then transported to Hennepin County Jail on assault charges. WMDT Annual Meeting On February 15th the West Metro Drug Taskforce held its 15th annual meeting to review the year’s activity and recognize the agents who have served as an agent for the last three years. In 2017 the taskforce took approximately $3 million dollars of drugs off our streets. They made 80 arrests and assisted with another 31. There were 62 criminal drug complaints filed and 132 search warrants were filed. The taskforce continues to have a heavy workload. They are working all drug cases that come from our local departments. Patrol by Sergeant Nelson Training January 13th - Officers and reserves attended annual first responder training at the Loretto Fire Department. January 17th - All our officers were trained in the use of Narcan for opioid overdoses. We now always carry it on our person. January 30th to February 1st - CSO Robbins attended car seat training and she now is a certified child safety seat practitioner. February 12th to February 14th - Officers Gregory and Boecker attended annual EMT Refresher. February 12th to February 15th - Officer Scharf attended DMT training at the BCA. MEMORANDUM Patrol Activities For the dates of January 10 to February 14, 2018, our officers issued 76 citations and 339 warnings for various traffic infractions. There was a total of 28 traffic accidents, 26 medicals, 18 alarms and one DWI. On January 22, 2018, Officer Scharf responded to a theft of prescription medications from a residence. The suspect had fled the area and was not able to be located. Victim indicated that her son had a female friend over and that she had gotten into her purse and took almost all her pain medication. Case was investigated and forwarded to the County Attorney for charging. On February 2, 2018, Officer Converse took a theft report. The victim indicated that he sold an iPhone 10 on eBay for $1200 and that he received the funds through PayPal. When the purchaser got the phone, she claimed it was damaged and contacted eBay. The PayPal account was frozen and the seller agreed to refund the money if the purchaser sent the phone back. Once there was conformation that the phone had shipped, the seller refunded the money. The seller got the package back with a toy inside it. So, in the end, the seller was scammed out of the phone. On February 4, 2018, Officer Converse dealt with an intoxicated female that wanted to go to detox and get away from her husband. The female was found to be a .335 over four times the legal limit to drive. The caller is well known to the police department. On February 5, 2018, Officers Scharf and McGill were dispatched to the Inn Kahoots bar for two males that were intoxicated and refusing to leave. Upon Officer Scharf’s arrival, he witnessed the two subjects fighting each other on the front porch area. When trying to restrain and take order, the two subjects then pointed their drunk behavior towards Officer Scharf. With the assistance of Officer McGill, one of the two was arrested for disorderly conduct. The male was belligerent and threating to sue the police department. On February 13, 2017, I responded to a report of a stabbing victim who was at a hospital requesting medical attention for his wounds. It was found out that the victim was stabbed during a domestic violence incident in which the female was extremely intoxicated. The female was located at the residence and was subsequently arrested for assault. Investigations by Investigator Kevin Boecker Routine checks of pawn system found suspicious pawn activity for a local person. Upon further investigation it was discovered that this person was stealing tools and equipment from his employer in Fridley. Contact was made with the company who was advised to contact their local police department to report the theft. Completed three-day EMT refresher course at North Memorial. There are currently fourteen (14) cases assigned to Investigations. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: February 14, 2018 MEETING: February 20, 2018 SUBJECT: Public Works Update STREETS • Road Material Bids were sent out January 25th and are due back and will be opened February 19th. You will have the results in your March 6th City Council packet. • The road surfaces are getting very rough in some parts of Medina due to the frost moving them around. This is typical; however, I think this year there is a little more movement than normal. It will take a month or so before they settle down. WATER/SEWER/STORMWATER • The water meter replacement in the Cherry Hill area is going well. We have completed 2/3 of the neighborhood, approximately 50 of the 80 houses to this point. We plan to finish up during the month of March if possible. • Public works staff is also installing new radio transmitters for the water meters in the Highlands neighborhood. The batteries are wearing down and need replacement. As always, technology is changing and we will need to keep changing radios until we have all the original radios updated to the new frequency. It is my vision that someday the water meters will be read from a stationary tower and we will have live readings at City Hall or at the Public Works/Police building. • The DNR Water Conservation Report has been completed and turned in. This was a new report requirement for 2018. PARKS/TRAILS • Public works staff has been spending a lot of time cleaning up Harriet’s Woods in the Lennar development. There are many diseased Elm trees and many more hazard trees along the trail that need to be removed. So far, we have removed approximately 15 tandem loads of material. I have received a few complaints in the past six months from the residents that use the trail. We are leaving plenty behind for the residents of the forest to build homes in. • I will be working on a job description for a part-time park and public works person to help this summer. • Proposals were sent out the end of January for Lawn & Grounds; Weed Control & Fertilization; Portable Sanitation Units; and Hamel Community Building snow removal Agreements, which were due back by February 12th. These two-year agreements are on the consent agenda in this packet. There are marginal increases to all the agreements due to increased service expectations and inflation. • Staff is working on two future trail connections for the upcoming year. Both the Pinto Drive connection and the CR 101 tunnel connection are possibilities this upcoming season. ORDER CHECKS FEBRUARY 7, 2018 – FEBRUARY 20, 2018 046929 CENTERPOINT ENERGY ...................................................... $4,396.20 046930 GAJULA, ANAND/ANITA ............................................................. $54.83 046931 MAYLE, STEVEN/MONIQUE ......................................................... $9.68 046932 TOLL BROS, INC .................................................................. $10,000.00 046933 WE CAN RIDE, INC ................................................................... $250.00 046934 HAKANSON ANDERSON ASSOCIATES I ................................ $500.00 046935 MN DEPT OF PUBLIC SAFETY ................................................ $300.00 046936 PEARSON STUDIOS INC....................................................... $1,200.00 046937 PAUL COGHLAN ......................................................................... $49.90 046938 DONALD DYKHOFF .................................................................... $11.35 046939 HARTMAN, HEIDI ...................................................................... $250.00 046940 NCL, INC.-NORTH WOODS CHAPTER .................................... $250.00 046941 RAVELLA, MADHU .................................................................... $150.00 046942 SCHMIDT, CINDY ..................................................................... $500.00 046943 ASSN OF MN EMERGENCY MGRS ......................................... $130.00 046944 BEAUDRY OIL & PROPANE .................................................. $3,833.75 046945 BIFFS INC ................................................................................. $144.00 046946 BLUE CROSS BLUE SHIELD OF MN ................................... $30,190.72 046947 CENTURYLINK.......................................................................... $226.43 046948 CONTEMPORARY IMAGES ................................................... $2,629.92 046949 CORE & MAIN LP ...................................................................... $880.28 046950 DS HUNZ SERVICES INC ......................................................... $380.80 046951 ECM PUBLISHERS INC .............................................................. $94.98 046952 FINANCE AND COMMERCE ....................................................... $66.70 046953 GOPHER STATE ONE CALL .................................................... $147.15 046954 GRAINGER.................................................................................. $56.21 046955 HAMEL LUMBER INC ................................................................ $124.22 046956 HASSAN SAND & GRAVEL ....................................................... $909.13 046957 HENN COUNTY INFO TECH .................................................. $1,036.57 046958 HENRYS WATERWORKS INC ............................................... $3,343.50 046959 INTERSTATE ALL BATTERY ...................................................... $20.30 046960 JOHN NAGENGAST DOORS LLC ............................................ $665.00 046961 LEXISNEXIS RISK DATA MGMT INC .......................................... $45.00 046962 CITY OF MAPLE PLAIN ............................................................ $641.06 046963 MEDTOX LABS ........................................................................... $50.00 046964 METROPOLITAN COUNCIL ................................................. $14,760.90 046965 METROPOLITAN COUNCIL ................................................. $32,523.29 046966 METRO ELEVATOR INC ........................................................... $382.00 046967 METRO WEST INSPECTION ............................................... $28,727.95 046968 NAPA OF CORCORAN INC ........................................................ $85.41 046969 NELSON ELECTRIC MOTOR REPAIR .................................. $3,412.50 046970 NORTH MEMORIAL ............................................................... $1,170.00 046971 OFFICE DEPOT ........................................................................ $148.22 046972 CITY OF ORONO ...................................................................... $749.81 046973 PERRY'S TRUCK REPAIR .......................................................... $66.00 046974 SAM'S CLUB ............................................................................... $23.02 046975 STREICHER'S ........................................................................... $743.89 046976 SUMMIT COMPANIES .............................................................. $450.00 046977 TALLEN & BAERTSCHI .......................................................... $2,670.69 046978 WESTSIDE WHOLESALE TIRE ............................................. $1,898.14 Total Checks $151,349.50 ELECTRONIC PAYMENTS FEBRUARY 7, 2018 – FEBRUARY 20, 2018 004498E PR PERA ............................................................................ $14,973.17 004499E PR FED/FICA ...................................................................... $15,940.86 004500E PR MN Deferred Comp ..........................................................$2,470.00 004501E PR STATE OF MINNESOTA ....................................................$3,575.66 004502E SELECT ACCOUNT ................................................................$1,161.15 004503E CITY OF MEDINA ...................................................................... $20.00 004504E SELECT ACCOUNT ................................................................$1,192.43 004505E PITNEY BOWES POSTAGE BY PHONE ....................................$1,000.00 004506E AFLAC .................................................................................... $364.46 004507E CIPHER LABORATORIES INC. ................................................$4,753.00 004508E CULLIGAN-METRO .................................................................... $32.75 004509E FRONTIER ................................................................................ $56.82 004510E PAYMENT SERVICE NETWORK INC .......................................... $761.02 004511E PREMIUM WATERS INC ............................................................ $31.00 Total Electronic Checks $46,332.32 PAYROLL DIRECT DEPOSIT FEBRUARY 7, 2018 0508451 ALTENDORF, JENNIFER L. ..................................................... $1,458.23 0508452 ANDERSON, JOHN G. .............................................................. $230.87 0508453 BARNHART, ERIN A. ............................................................. $2,326.52 0508454 BELLAND, EDGAR J. .............................................................. $2,750.70 0508455 BOECKER, KEVIN D. ............................................................. $2,244.30 0508456 CONVERSE, KEITH A............................................................. $2,372.50 0508457 COUSINEAU, LORIE K. ............................................................ $230.87 0508458 DINGMANN, IVAN W. ............................................................ $1,685.52 0508459 ENDE, JOSEPH ..................................................................... $1,844.47 0508460 FINKE, DUSTIN D. ................................................................ $2,352.48 0508461 GALLUP, JODI M. .................................................................. $1,800.08 0508462 GLEASON, JOHN M. .............................................................. $2,404.88 0508463 GREGORY, THOMAS ............................................................. $1,976.16 0508464 HALL, DAVID M. ................................................................... $2,123.10 0508465 JESSEN, JEREMIAH S. ........................................................... $2,171.18 0508466 JOHNSON, SCOTT T. ............................................................ $2,360.65 0508467 KIESER, NICHOLAS ................................................................. $437.03 0508468 KLAERS, ANNE M. ................................................................. $1,262.27 0508469 LANE, LINDA ........................................................................ $1,635.80 0508470 LEUER, GREGORY J. ............................................................. $2,181.25 0508471 MARTIN, KATHLEEN M ............................................................ $230.87 0508472 MCGILL, CHRISTOPHER R. .................................................... $1,576.94 0508473 MCKINLEY, JOSHUA D .......................................................... $1,935.95 0508474 MITCHELL, ROBERT G. ........................................................... $327.04 0508475 NELSON, JASON ................................................................... $2,226.63 0508476 PEDERSON, JEFF .................................................................... $227.97 0508477 PETERSON, DEBRA A. ........................................................... $1,851.35 0508478 REINKING, DEREK M ............................................................ $2,091.45 0508479 ROBBINS, MELISSA .............................................................. $1,076.54 0508480 SCHARF, ANDREW ................................................................ $1,522.90 0508481 SCHERER, STEVEN T. ........................................................... $2,437.00 0508482 VIEAU, CECILIA M. ............................................................... $1,217.35 Total Payroll Direct Deposit $52,570.85