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HomeMy Public PortalAbout03.16.2021 Complete City Council Meeting Packet Posted 3/12/2021 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, March 16, 2021 7:00 P.M. Meeting to be held telephonically/virtually pursuant Minn. Stat. Sec. 13D.021 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the March 2, 2021 Work Session B. Minutes of the March 2, 2021 Regular Council Meeting V. CONSENT AGENDA A. Approve Amended and Restated Grounds Services Agreement with the Hamel Athletic Club B. Approve Hamel Legion Park Concession Services Agreement with the Hamel Athletic Club C. Approve Street Sweeping Services Agreement with Minnesota Street Works, Inc. D. Approve Brush Grinding and Compost Removal Services Agreement with Precision Landscape & Tree E. Ordinance Adopting an Amended Fee Schedule for Clean-up Day F. Resolution Authorizing Publication of Ordinance Adopting an Amended Fee Schedule by Title and Summary VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. PRESENTATIONS A. Fire Department Annual Reports – Loretto Fire and Maple Plain Fire VIII. OLD BUSINESS A. Diamond Lake Regional Trail Process Update B. Medina Townhome Development LLC – 1432 County Road 29 – Planned Unit Development (PUD) Concept Plan Review IX. NEW BUSINESS A. JD Dossier Holdings LLC – Holy Name Lake Estates Final Plat – NW of Holy Name Lake 1. Resolution Granting Final Plat Approval of Holy Name Lake Estates 2. Development Agreement by and between the City of Medina and JD Dossier Holdings LLC for Holy Name Lake Estates 3. Ordinance Establishing the Holy Name Lake Estates Storm Sewer Improvement Tax District – Public Hearing 4. Resolution Authorizing Publication of the Ordinance by Title and Summary B. US Home Corp. (Lennar) – Meadowview Commons 2nd Addition Final Plat – North of Hwy 55 and South of Meander Road, West of CR 116 1. Resolution Granting Final Plat Approval of the Meadowview Commons 2nd Addition Plat 2. Development Agreement by and Between the City of Medina and U.S. Home Corporation for Meadowview Commons 2nd Addition X. CITY ADMINISTRATOR REPORT XI. MAYOR & CITY COUNCIL REPORTS XII. APPROVAL TO PAY BILLS XIII. ADJOURN Telephonic/Virtual Meeting Call-in Instructions Join via Microsoft Teams to view presentations at this link: https://medinamn.us/council/ For audio only: Dial 1-612-517-3122 Enter Conference ID: 299 185 776# MEMORANDUM TO: Medina Mayor and City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: March 11, 2021 DATE OF MEETING: March 16, 2021 SUBJECT: City Council Meeting Report Telephonic/Virtual Meeting Call-in Instructions Join via Microsoft Teams to view presentations at this link: https://medinamn.us/council/ For audio only: Dial 1-612-517-3122; Enter Conference ID: 299 185 776# V. CONSENT AGENDA A. Approve Amended and Restated Grounds Services Agreement with the Hamel Athletic Club – The City contracts with the Hamel Athletic Club each year to run the baseball program in Hamel Legion Park. Staff recommends approval of the attached agreement. See attached agreement. B. Approve Hamel Legion Park Concession Services Agreement with the Hamel Athletic Club – The concession agreement was previously held by Honey & Mackies and prior to them, the Church of St. Anne’s. These organizations are no longer interested in running concessions. The Hamel Athletic Club is willing and able to take on concessions this year and plans to continue in future years. For now, they plan on selling only pre-packaged food, but are working with Hometowne Pizza to deliver pizzas directly to spectators during games. Staff recommends approval. See attached agreement. C. Approve Street Sweeping Services Agreement with Minnesota Street Works, Inc. – Staff received two quotes for street sweeping services and recommends contracting with the low bid, Minnesota Street Works, Inc. Staff recommends approval. See attached agreement. D. Approve Brush Grinding and Compost Removal Services Agreement with Precision Landscape & Tree – Staff received three bids for brush grinding services and recommends contracting with the most cost-effective bid from Precision Landscape & Tree. Staff recommends approval. See attached agreement.  2 E. Ordinance Adopting an Amended Fee Schedule for Clean-up Day – Staff recommends approval of the ordinance adopting an amended fee schedule to establish fees for 2021 Medina Clean-up Day. See attached ordinance. F. Resolution Authorizing Publication of Ordinance Adopting an Amended Fee Schedule by Title and Summary – Staff recommends approval of the resolution authorizing publication of the ordinance by title and summary. See attached resolution. VII. PRESENTATIONS A. Fire Department Annual Reports – Representatives from the Loretto and Maple Plain Fire Departments will be at the meeting to present their annual fire reports. See attached reports. VIII. OLD BUSINESS A. Diamond Lake Regional Trail Process Update – In consideration of residents’ concerns heard at our previous meetings for any regional trail within the City, Three Rivers Park District staff has requested that the City Council and Park Commission confirm the City’s desire to move forward with additional regional trail planning efforts within the northern portion of the City and, if interested in proceeding, to authorize the general conceptual routes for consideration before additional engagement and evaluation occurs. If the City Council and Park Commission would prefer to not move forward with any additional regional trail planning efforts at this time, the Park District is comfortable identifying and evaluating alternative routes outside of Medina. See attached memo and map. Recommended Motion: Motion to direct staff to proceed with evaluating the routes identified on the attached map and proceed with public engagement on the DLRT master plan as described in the staff report. B. Medina Townhome Development LLC – 1432 County Road 29 – Planned Unit Development (PUD) Concept Plan Review – The applicant has made some adjustments to the plans since the City Council reviewed the Concept Plan on February 16th and has requested additional feedback before deciding whether to proceed with a formal application. The plans identify how guest parking could be accommodated and provided additional accent materials and entry elements to the proposed exterior elevations. The applicant has also included a privacy fence along the north. The purpose of the Concept Plan review is to provide feedback to the applicant prior to a formal application. No formal action is needed, and feedback is purely advisory. See attached report.  3 IX. NEW BUSINESS A. JD Dossier Holdings LLC – Holy Name Lake Estates Final Plat – NW of Holy Name Lake – The applicant proposes to subdivide three large acreage parcels northwest of Holy Name Lake into six acreage lots. Each of the six proposed acreage parcels range in size from 10-23 acres. The Council reviewed the preliminary plat on November 17, 2020 and approved the preliminary plat on December 1, 2020. The applicant now requests final plat approval. A public hearing will need to be held for the City to establish the Storm Sewer Improvement Tax District over the development sites, which is the City’s standard practice as a “back-up plan” if the owner does not properly maintain the stormwater improvements. See attached report. Recommended Motion #1: Motion to adopt the resolution granting final plat approval of Holy Name Lake Estates Recommended Motion #2: Motion to approve the development agreement by and between the City of Medina and JD Dossier Holdings LLC for Holy Name Lake Estates Recommended Motion #3: Motion to adopt the ordinance establishing the Holy Name Lake Estates Storm Sewer Improvement Tax District Recommended Motion #4: Motion to adopt the resolution authorizing publication of the ordinance by title and summary B. US Home Corp. (Lennar) – Meadowview Commons 2nd Addition Final Plat – North of Hwy 55 and South of Meander Road, West of CR 116 – The City Council granted preliminary approval for Meadowview Commons on September 15, 2020 and granted final approval of the 1st phase on November 17, 2020. The applicant is now requesting final plat approval for the 2nd addition, which would include the remaining townhome lots, an outlot for the private streets, and a series of outlots containing other common areas. See attached report. Recommended Motion #1: Motion to adopt the resolution granting final plat approval of the Meadowview Commons 2nd Addition Plat Recommended Motion #2: Motion to approve the development agreement by and between the City of Medina and U.S. Home Corporation for Meadowview Commons 2nd Addition XII. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 005850E-005865E for $56,269.45 and order check numbers 051336-051379 for $118,913.02, and payroll EFT 0510861-0510892 for $53,790.24.  4 INFORMATION PACKET:  Planning Department Update  Police Department Update  Public Works Department Update  Claims List  Medina City Council Meeting Minutes 1 March 2, 2021 DRAFT 1 2 MEDINA CITY COUNCIL AND PARK COMMISSION CONCURRENT WORK 3 SESSION MEETING MINUTES OF MARCH 2, 2021 4 5 The City Council and Park Commission of Medina, Minnesota met in work session on 6 March 2, 2021 at 6:00 p.m. in the City Hall Chambers. Mayor Martin presided. 7 8 Martin read a statement explaining that this meeting is being held in a virtual format 9 because of the ongoing pandemic and reviewed an overview for the intent of tonight’s 10 meeting. 11 12 I. ROLL CALL 13 14 Council Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid. 15 16 Council Members absent: None. 17 18 Park Commission Members present: Bernhardt, Jacob, Lee, Morrison, Norman, and 19 Sharp. 20 21 Park Commission Members absent: Hutchinson. 22 23 Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi 24 Gallup, Finance Director Erin Barnhart, City Planning Director Dusty Finke, Public Works 25 Director Steve Scherer, and Chief of Police Jason Nelson. 26 27 II. DIAMOND LAKE REGIONAL TRAIL 28 Martin commented that the City has received a great deal of public input on the potential 29 Three Rivers Park trail routes through Medina for the Diamond Lake Regional Trail. She 30 noted that the Park District identified a preferred route and additional input was received 31 via input and the two previous work session meetings. She stated that she, Cavanaugh, 32 and staff have had continued discussions with Three Rivers Park District about a 33 potential trail route and the general concept of a trail. 34 35 Cavanaugh thanked Martin for her leadership throughout this process. He commented 36 that throughout this process staff has been in communication with the Park District and 37 stated that it has become clear throughout the process that residents in the south see 38 this trail as a violation of their privacy and the reason they moved to Medina. He 39 commented that there is more population to the north that see trails as an amenity and 40 with that in mind, they attempted to develop alternative options. He stated that there is a 41 portion of the trail that would be easy to get done, a portion that has potential and a 42 portion that would be unlikely. He believed that focus should be given to the portion that 43 could be done along Hamel Road north to Baker Park which would allow residents to 44 utilize the Baker Park trail system. He stated that perhaps some connections could be 45 made south to Hamel but acknowledged that would be trickier. 46 47 Martin advised that Cavanaugh is the liaison to the Park Commission and thus has taken 48 an active role in these discussions. She welcomed Three Rivers Park District to make a 49 brief presentation. 50 51 Medina City Council Meeting Minutes 2 March 2, 2021 Kelly Grissman, Three Rivers Park District, thanked the Mayor, Council and Park 1 Commission for their time and input throughout this process. She reviewed the goal of 2 the project and highlighted the evaluation considerations. She recognized the concern 3 for potential private impacts and the level of support the potential project would have or 4 not have. She reviewed the different options that have been developed to stay the 5 course to select a preferred route, explore an alternative route south of Hamel Road, or 6 utilize an alternative route and removing the study area south of Hamel Road. 7 8 Martin referenced option two noting that there has been concern with specifying a 9 regional trail study and appreciated that a particular trail is not shown in this area and it 10 would only be initiated by the City. She asked if having this undefined trail study area in 11 the City plans would permit the City to pursue opportunities to pursue dedication of trails 12 through the use of park dedication funds as development opportunities may arise. 13 14 Finke commented that he believed that it is true that if the study area is identified it 15 would provide justification to look for opportunities that may make sense if development 16 comes forward in the future. He noted that there are trail corridors that have been 17 identified by the City for the future as well. 18 19 Morrison commented that she is opposed to any plan that would take private property 20 and undercut the rural nature of Medina. She stated that Three Rivers Park has 21 mentioned only working with willing sellers but noted that some access points were 22 taken by imminent domain in the past by the Park District. She was not sure of the 23 benefits that would be created by designating a study area and was concerned that it 24 could create uncertainty with property values and for property owners. She stated that 25 Medina can pursue its own trail system outside of the Park District. She stated that she 26 would prefer option three, eliminating the area of interest. She stated that she would 27 support a safe crossing over Highway 55 for those residents in the northwest area. 28 29 Martin asked the benefits that would be provided by designating a regional trail study 30 area. 31 32 Grissman replied that designating a future regional trail study area would not have an 33 impact on property values as there are similar corridors throughout the county. She 34 explained that designating the study area would allow the City to be in a position to work 35 with the Park District at a future date, should the City request to do so, to construct trails 36 or grade separated corridors at that time. 37 38 Martin asked if the City would have that option regardless of whether the study area is 39 designated. 40 41 Grissman confirmed that the City would always have the option to reach out to the Park 42 District related to park and/or trail opportunities. She stated that if the regional trail is 43 removed from the applicable plans there would simply be a more extensive process to 44 add that back in with backing from the Metropolitan Council. She confirmed that could 45 be done at any time, it would simply be an additional step. 46 47 Martin commented that the City has its own trail corridor goals in its Comprehensive 48 Plan. 49 50 Medina City Council Meeting Minutes 3 March 2, 2021 Finke confirmed that the City does have future trails in its Comprehensive Plan. He 1 noted that if there was a subdivision or land use change within the search area it would 2 call that out from a different perspective and would make it more likely for the City to 3 review trail opportunities in the planning process. 4 5 Sharp stated that it would behoove the City to look at option two as it would not commit 6 the City to anything but would provide an easier partnership if the opportunity presents 7 itself 20 years down the road. 8 9 Martin commented that she believes a partnership would be available whether or not the 10 area is designated on the map. 11 12 Bernhardt commented that residents stated that if their land is part of the regional trail 13 study area, they would be concerned that could impact future property values and asked 14 if that would have to be disclosed at the time of sale. 15 16 Martin commented that would be a legal opinion and dependent upon the disclosures 17 that are necessary. 18 19 Bernhardt stated that she would prefer option three, recognizing that it may add an 20 additional step if a regional trail is desired in the future. 21 22 Lee thanked the Council and staff noting that this process has been wonderful to receive 23 public input. He stated that if Hamel Road would be a new preferred path, he would 24 want the City to seek comments on that before making it the preferred route. 25 26 Martin commented the question is whether the Park District should explore that potential 27 route which would begin a new process to solicit public input on that route. 28 29 Lee stated that he would be in support of exploring additional options. He stated that he 30 would favor removing the future regional trail study area as it creates an unnecessary 31 flag for residents that do not want that amenity. He stated that he would select option 32 three. 33 34 Martin asked for input from Three Rivers Park District as to whether additional public 35 input would be solicited should the group select option two or three. 36 37 Grissman commented that they would most likely focus on the Hamel Road corridor in 38 the next year or so as that has been identified in the Lake Sara Regional Trail system. 39 She stated that the Park District would focus on the area north that connects to Corcoran 40 in the immediate future, should that be the direction. 41 42 Jacob asked if there would be financial implications between options two and three and 43 what those would be. He asked why the crossing of Highway 55 would go away if the 44 City selects option three. 45 46 Grissman clarified that option three would still work on everything north of Hamel Road, 47 therefore the Park District would still be the lead agency in determining where to cross 48 Highway 55 and gathering funding for that. She stated that option three would simply 49 remove the Park District from being a partner on trails south of Highway 55. 50 51 Medina City Council Meeting Minutes 4 March 2, 2021 Reid commented that she likes option two or three, using the roadways as trail 1 opportunities to connect more people. She referenced the County Public Works 2 property and noted that could be kept in the plans as the property adjacent has come 3 forward in the past for development which could create an opportunity for an off-road 4 trail section from Arrowhead Road through the County and Delcroft properties to Hamel 5 Road. She believed that segment could be left on the map as there may be an 6 opportunity in the near future. She stated that the trail segment could be used in 7 negotiations for that development when it eventually comes back. 8 9 Finke agreed that would be a fair idea. He noted that any large property that would be 10 subdividable would provide opportunity for an off-road trail and get closer to the Park 11 District’s vision. 12 13 Cavanaugh commented that it may be a good time to display an alternative that he 14 worked with Finke to develop. 15 16 Reid asked where Diamond Lake is located. 17 18 Grissman commented that Diamond Lake is north between the borders of Rogers and 19 Dayton. 20 21 Cavanaugh commented that providing a safe crossing across Highway 55 would be 22 helpful for the residents in that area as it is difficult and dangerous to cross with children. 23 He displayed a proposed trail alignment that would run from the Corcoran connection, 24 through Weston Woods, cross Highway 55 with an overpass to the Hennepin County 25 site, and then connecting with Hamel Road. He noted that would provide a lot of access 26 north and south for all residents. He commented that this would be a huge benefit to 27 Medina and its residents as it would not be a cost to residents. He commented that 28 option two leaves possibilities to do more, noting that it would be nice to provide access 29 to Enclave residents. He stated that perhaps there are also opportunities to connect to 30 other existing trails or use Medina Road to connect to CR 101. He commented that he 31 does not necessarily support those but would like to leave it open to study. He stated 32 that he respects privacy rights and the reasons people moved to Medina, which is why 33 he believes additional study should be done. 34 35 Albers asked if there would be another option to just say no to the trail all together. He 36 stated that Orono made the decision to not provide the connection for the regional trail, 37 but that option was not included tonight. He stated that of the three options presented 38 tonight, the only reason he would choose option two would be from a planning 39 perspective. He noted that if the MUSA line changed and properties became 40 developable, the regional trail would then be part of the planning process but if the study 41 area is not there it would not necessarily be part of the planning process. 42 43 Martin agreed that an option four, to say no to the trail could be added. 44 45 Albers stated that from a planning perspective he would favor option three. 46 47 Martin commented that would give the City the option to gather input from residents on 48 Hamel Road and property owners in the option for considerations areas north and south 49 of Highway 55. 50 51 Medina City Council Meeting Minutes 5 March 2, 2021 DesLauriers asked who would be responsible for trail maintenance once the trail is 1 constructed. 2 3 Grissman commented that as a regional trail, Three Rivers Park District would hold the 4 responsibility for acquisition, design, construction, operations, and maintenance. She 5 stated that they do look for partners, but the Park District would be the lead agency for 6 that work and investment. 7 8 DesLauriers commented that part of the vision of Medina is to preserve its rural 9 character and was unsure that these options live up to that vision. He stated that he 10 would favor opposing the trail all together as in option four. He stated that perhaps he 11 could support option three but noted that simply moves the problem to Hamel Road 12 which already has issues with vehicles and horses. He stated that the trail segment 13 could come from Corcoran, down 50, to 19, to Baker Park. 14 15 Martin noted that would lack access to the neighborhoods to the north and the middle of 16 Medina. She stated that she would not want to miss opportunities that could perhaps be 17 palatable to residents. She recognized that the Park District stated that the initial focus 18 would be for the trail segment north of Highway 55 and south of Highway 55 to get to 19 Hamel Road, with the Hamel Road segment to be studied later. She stated that even 20 though there may be opposition from those along Hamel Road, perhaps that portion is 21 not built out, but they could still look at pursuing an opportunity to connect residents from 22 the north to Baker Park to use those trails. 23 24 Johnson stated that staff was looking for direction from the Council and Park 25 Commission. He stated that if the two groups are not ready to do so, they could allow 26 additional time for the Park Commission to review the topic and bring forward a 27 recommendation to the Council. 28 29 Martin commented that a fifth option could then be added which would provide more 30 time to think about this. 31 32 Norman commented that she would select option four but would like to leave open the 33 option to the north and therefore would select option three. 34 35 Morrison stated that she could support option three as that would leave the option to 36 cross Highway 55 but recognized that her vote may change to option four. 37 38 Bernhardt stated that she also likes option three as it provides an option to cross 39 Highway 55. 40 41 Jacob commented that he would support option three or option five as that would allow 42 additional time for review. 43 44 Sharp commented that he would support option three or option five. 45 46 Martin commented that there seems to be consensus of option three from the Park 47 Commission with the understanding that it is not a commitment to a trail but the option to 48 evaluate a trail and crossing of Highway 55. 49 50 Medina City Council Meeting Minutes 6 March 2, 2021 Reid commented that she would be comfortable with option two or three. She stated 1 that the regional trail study area is vague and should not impact properties but 2 acknowledged that it may not be needed. She stated that perhaps the topic should go 3 back to the Park Commission for further discussion, which would be option five. 4 5 Cavanaugh stated that his first option would be for option two as he would be interested 6 to connect the population centers near Hamel. He stated that he could also support 7 option three. He stated that there is a window of opportunity with Weston Woods and 8 therefore that should be considered. 9 10 Albers stated that he would select option five to continue the discussions. He believed 11 that option three would commit the City to Hamel Road and believed additional 12 discussions would be needed. He agreed that the residents along Hamel Road would 13 not want more than exists today along their properties. 14 15 DesLauriers commented that he would select option five to further understand. He 16 stated that his second preference would be option four. He stated that he would stay 17 away from option three because if you put a map out that shows Hamel Road, residents 18 will notice that first. 19 20 Martin commented that it appears the Council would support additional review by the 21 Park Commission and therefore agreed that this should go back to the Park Commission 22 for additional review and discussion. She stated that the Council will wait for that input 23 before further evaluating the options. 24 25 Reid agreed that there would be opportunity within Weston Woods and believed the 26 Park Commission should review that alternative. 27 28 III. ADJOURN 29 30 Moved by Martin, seconded by Albers, to adjourn the meeting on behalf of the City 31 Council at 7:03 p.m. 32 33 A roll call vote was performed: 34 DesLauriers aye 35 Albers aye 36 Cavanaugh aye 37 Reid aye 38 Martin aye 39 40 Motion passed unanimously. 41 42 Moved by Jacob, seconded by Sharp, to adjourn the meeting on behalf of the Park 43 Commission at 7:04 p.m. 44 45 A roll call vote was performed: 46 Norman aye 47 Morrison aye 48 Sharp aye 49 Medina City Council Meeting Minutes 7 March 2, 2021 Bernhardt aye 1 Lee aye 2 Jacob aye 3 Hutchinson absent 4 5 Motion passed unanimously. 6 7 8 __________________________________ 9 Kathleen Martin, Mayor 10 Attest: 11 12 ____________________________________ 13 Jodi M. Gallup, City Clerk 14 Medina City Council Meeting Minutes 1 March 2, 2021 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF MARCH 2, 2021 3 4 The City Council of Medina, Minnesota met in regular session on March 2, 2021 at 7:00 5 p.m. in the City Hall Chambers. Mayor Martin presided. 6 7 Martin read a statement explaining that meetings continue to be held in a virtual format 8 due to the ongoing pandemic and provided instructions on how members of the public 9 can participate. 10 11 I. ROLL CALL 12 13 Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid. 14 15 Members absent: None. 16 17 Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi 18 Gallup, City Attorney Ron Batty, Finance Director Erin Barnhart, City Engineer Jim 19 Stremel, City Planning Director Dusty Finke, Public Works Director Steve Scherer, and 20 Chief of Police Jason Nelson. 21 22 II. PLEDGE OF ALLEGIANCE (7:03 p.m.) 23 24 III. ADDITIONS TO THE AGENDA (7:04 p.m.) 25 The agenda was approved as presented. 26 27 IV. APPROVAL OF MINUTES (7:04 p.m.) 28 29 A. Approval of the February 16, 2021 Work Session City Council Meeting 30 Minutes 31 Martin noted that Johnson distributed proposed changes as submitted by Martin. 32 33 Moved by Martin, seconded by DesLauriers, to approve the February 16, 2021 work 34 session City Council meeting minutes as amended. 35 36 Further discussion: Johnson noted that Batty is listed at this meeting and the February 37 23rd work session and should be removed from both. 38 39 A roll call vote was performed: 40 41 DesLauriers aye 42 Albers aye 43 Cavanaugh aye 44 Reid aye 45 Martin aye 46 47 Motion passed unanimously. 48 49 Medina City Council Meeting Minutes 2 March 2, 2021 B. Approval of the February 16, 2021 Regular City Council Meeting Minutes 1 Martin noted that Johnson distributed proposed changes as submitted by herself and 2 DesLauriers for incorporation. 3 4 Moved by Martin, seconded by Cavanaugh, to approve the February 16, 2021 regular 5 City Council meeting minutes as amended. 6 7 A roll call vote was performed: 8 9 DesLauriers aye 10 Albers aye 11 Cavanaugh aye 12 Reid aye 13 Martin aye 14 15 Motion passed unanimously. 16 17 C. Approval of the February 23, 2021 Work Session City Council Meeting 18 Minutes 19 Martin noted the change to reflect that Batty was not present at the meeting. She stated 20 that Johnson distributed proposed changes as submitted by Martin for incorporation. 21 22 Moved by Martin, seconded by Reid, to approve the February 23, 2021 work session 23 City Council meeting minutes as amended. 24 25 A roll call vote was performed: 26 27 DesLauriers aye 28 Albers aye 29 Cavanaugh aye 30 Reid aye 31 Martin aye 32 33 Motion passed unanimously. 34 35 V. CONSENT AGENDA (7:08 p.m.) 36 37 A. Approve Temporary Liquor License to Wildlife Rehabilitation Center of 38 Minnesota at 3000 Hamel Road on August 14, 2021 39 B. Approve Ball Field Rental Agreement with Orono Baseball Association 40 C. Appoint Nick Zumbusch to the Position of Public Works Maintenance 41 Technician 42 D. Resolution No. 2021-13 Granting Extension of Time to Request Final Plat 43 Approval for Adams Subdivision; Amending Resolution No. 2020-20 44 E. BWSR Watershed-Based Implementation Funding Grant Agreement for 45 Wolsfeld SNA Ravine Stabilization 46 Reid referenced item E and asked if the Friends of Wolsfeld Woods have been involved 47 in the item or were aware of the details. 48 49 Finke replied that members are aware but was unsure if there has been formal 50 interaction with the group. 51 Medina City Council Meeting Minutes 3 March 2, 2021 1 Reid stated that she would be concerned as the primary stakeholder would be Friends of 2 Wolsfeld Woods. She stated that she communicated with someone from the 3 organization that was not aware of the details. She believed that organization should be 4 brought up to date on the details. 5 6 Finke stated that he believed the project suggestion may have arose from that group but 7 agreed that the group should be brought into the process more. 8 9 Moved by Cavanaugh, seconded by Albers, to approve the consent agenda. 10 11 A roll call vote was performed: 12 13 DesLauriers aye 14 Albers aye 15 Cavanaugh aye 16 Reid aye 17 Martin aye 18 19 Motion passed unanimously. 20 21 VI. COMMENTS (7:11 p.m.) 22 23 A. Comments from Citizens on Items not on the Agenda 24 Tim Shaw, 2075 Cottonwood Trail, referenced the previous work session discussion and 25 asked for clarification on option five which was adopted. He asked that a summary or 26 details of option five be provided in the minutes for that meeting. 27 28 Martin clarified that option five was a “lets think about this” option. She reviewed the 29 different options that were presented and not chosen noting that option five provided 30 additional time for consideration by both the Council and Park Commission before 31 making a choice on the preferred course of action. 32 33 B. Park Commission 34 Park Commissioner Jacob reported that the Park Commission met on February 17th to 35 call special meetings for the Diamond Lake Regional Trail and adopt the 2021 goals. He 36 stated that the Commission also recommended the final Hunter Lions Park master plan, 37 which is before the Council tonight. 38 39 C. Planning Commission 40 Finke reported that the Planning Commission canceled its March meeting. 41 42 VII. PRESENTATIONS 43 44 A. Fire Department Annual Reports – Hamel VFD and Long Lake FD 45 (7:17 p.m.) 46 Assistant Chief Mario Fabrizio, Hamel Volunteer Fire Department, presented a summary 47 of the 2020 activity of the fire department including calls for service and categories of 48 calls. He noted that the mix of calls continue to remain consistent year to year. He 49 stated that in 2020 they tied the record number of calls for any single year for Medina. 50 He stated that if the beginning of 2021 is an indication, they could exceed that number 51 Medina City Council Meeting Minutes 4 March 2, 2021 this year. He provided details related to response time and the number of firefighters 1 that responded to the calls. He stated that 1900 hours of service were required to 2 service those calls but noted that there were additional training hours as well, totaling 3 over 1,800 hours. He stated that other support activities totaled another almost 2,000 4 hours for the department, noting that is lower because of the minimum fund raising and 5 community events. He stated that they cover 76 percent of the population and market 6 value of Medina. 7 8 Martin asked what he would consider the impact of COVID on the services provided. 9 10 Fabrizio stated that he expected COVID to have an impact with a higher percentage of 11 medical calls. He explained that with people home more, there are more opportunities 12 for accidents and calls. He stated that by and large the mix and type of calls were very 13 consistent with previous years and they did not see a pronounced differential because of 14 COVID. He reviewed details on the service delivery metrics. He stated that the 15 department had the opportunity to save a life in 2020 and also had an opportunity to help 16 start a life, assisting with an in-home birth. He stated that the department also added 17 two new members in 2020. He stated that even though the percentage of medical calls 18 remained consistent with other years, they responded to more calls because of the 19 record number of service calls in 2020. He stated that they also put a new rescue 20 vehicle in service during the past year. He noted that 14 policies were created or 21 modified as the department continues to look for ways they can better respond and be 22 more efficient. He recognized the shifting recommendations throughout the year and 23 noted that they spent a lot of time trying to process that information and apply it to the 24 response protocols. He noted that they modified their COVID response protocol no less 25 than five times during 2020 which helped to prevent the spread of contagion. 26 27 DesLauriers congratulated the department on the new hires and asked if that is a net 28 gain of two members. 29 30 Fabrizio replied that it was a net gain of one member as one member was lost in August. 31 32 Cavanaugh expressed appreciation for the hard work. 33 34 Albers thanked the Hamel Fire Department for its service. 35 36 Martin thanked Fabrizio for the report and extended thanks to the members of the 37 department. 38 39 Chief James Van Eyll, Long Lake Fire Department, reviewed leadership changes that 40 occurred during the past year and the years of service for the 40 members of the 41 department. He reviewed the call activity for 2020, noting a decrease of ten percent 42 from 2019 and provided data on the different types of calls received. He provided 43 additional details on the auto aid that the department provides and receives, noting that 44 typically aid is called upon in order to share equipment each department has. He 45 reviewed details on response time and responders per incident, as well as call hours per 46 city serviced and compared to the previous year’s data. He recognized some of the top 47 responders for the department for each station. He also recognized some of the 48 milestones of the past year. He stated that typically the highest call months are the 49 summer months but noted that in 2020 the highest call months were August, January, 50 and February. He provided details on community events and the hope for 2021 events. 51 Medina City Council Meeting Minutes 5 March 2, 2021 1 Reid commended the department for its work. 2 3 Cavanaugh appreciated all the hard work. 4 5 Albers echoed the comments of thanks and appreciated the great leadership. 6 7 DesLauriers appreciated the detail and appreciated the use of the station for the fire 8 district discussions. 9 10 Martin expressed thanks to the departments that serve Medina and its residents. 11 12 B. Hennepin County Commissioner Kevin Anderson (7:48 p.m.) 13 Hennepin County Commissioner Kevin Anderson thanked the Council for allowing him to 14 speak tonight. He stated that he was recently elected and wanted to introduce himself. 15 He stated that he is a Maple Grove resident and serves the western suburban 16 communities in Hennepin County. He provided details on his committee assignments 17 and noted that he wants to ensure that smart investments are made for infrastructure. 18 He stated that he is also looking to expand and provide better broadband service in 19 western Hennepin County. He stated that he is also focusing on homelessness and 20 homelessness of veterans. He also welcomed input from the City on needs in the 21 community noting that he will act as a partner to the communities. 22 23 Martin welcomed Anderson to his position. She agreed that broadband is an issue in 24 Medina, noting there are gaps in the community and the current provider does not seem 25 committed to addressing those gaps. 26 27 DesLauriers thanked Anderson for his service. 28 29 Albers congratulated Anderson on his election win, noting that he looks forward to 30 working with him. 31 32 Cavanaugh echoed the comments of thanks and congratulations. 33 34 Reid thanked Anderson for keeping Medina in mind when these issues come forward. 35 36 Martin asked that Medina be included on an email or mailing list. She stated that she 37 appreciated the fresh outlook and energy that Anderson will bring to the position. 38 39 VIII. NEW BUSINESS 40 41 A. Ordinance No. 669 Amending Regulations Pertaining to Stormwater 42 Management; Amending Chapter 8 of the City Code (7:55 p.m.) 43 Finke stated that his report provides general information related to stormwater and the 44 general actions the City takes. He stated that one aspect would be related to regulating 45 the implementation of permanent BMPs at the time of construction for certain properties. 46 He stated that the City can implement stormwater ponds and infiltration basins with 47 construction projects in order to improve water quality. He stated that various agencies 48 are involved in stormwater management standards that pass down mandates to the City 49 for implementation. He stated that this discussion started before those new standards 50 were approved, therefore additional amendments may be needed later in the year. He 51 Medina City Council Meeting Minutes 6 March 2, 2021 stated that watershed districts also have requirements for stormwater management that 1 development projects must comply with. He noted that in some instances the City 2 standards are more stringent than those required by other agencies. He stated that 3 historically the City has been a leader in stormwater management and as the 4 requirements have evolved over time, things are becoming more standardized between 5 State agencies and watersheds and the City, although the City remains more stringent in 6 some areas. He reviewed the City standards for stormwater improvements related to 7 development in terms of rate and volume control. He stated that volume control is often 8 difficult to achieve in Medina because of the tight clay soils and high-water table, 9 therefore the City grants credits for other types of activities that provide benefit in terms 10 of slowing down water or improving water quality. He stated that the main amendment 11 to this ordinance focuses on the threshold of when the City requires stormwater 12 management for a site. He stated that larger scale projects will trigger the construction 13 of stormwater requirements through the other regulating entities. He stated that the City 14 becomes more stringent on smaller scale projects, noting that the City triggers 15 stormwater improvements at a much lower threshold of 5,000 square feet of hardcover 16 or 14,520 square feet for lots with a smaller percentage of hardcover such as a rural lot. 17 He stated that because the threshold is lower the City implements stormwater 18 improvements when other agencies would not. He stated that since the threshold was 19 enacted it seems that the requirements are triggered more often on rural properties with 20 a lower percentage of hardcover than intended. He stated that on a rural property, the 21 driveway and home could trigger stormwater improvements when the overall percentage 22 of hardcover is at five percent of the lot. He noted that various options were discussed 23 in detail within the report, but the Planning Commission recommended placing the 24 threshold at one acre of hardcover for a lot that has under 20 percent hardcover. He 25 noted that there were other technical changes proposed that were detailed within the 26 staff report. He noted that the Planning Commission held public hearings in January and 27 February with a fair amount of discussion on this topic and ultimately was comfortable 28 increasing the threshold on low percentage of hardcover lots. He noted that there would 29 be language included that would allow the City Engineer to require improvements if the 30 new hardcover drains to sensitive areas, such as wetlands or ravines. He stated that 31 following the Planning Commission review staff considered a situation in which a 32 property owner may break up projects over multiple years to avoid the improvements, 33 and therefore language was added to address that type of situation. 34 35 Martin stated that she submitted suggestions to staff and asked staff to review the edits 36 that she suggested that are supported by staff. 37 38 Finke provided an overview of the proposed changes by Martin. 39 40 Martin acknowledged that most of her suggestions were grammatical in nature. 41 42 Albers referenced the statement that the City Engineer could grant deviations and asked 43 if that would open up opportunities for the ordinance to be challenged. 44 45 Martin stated that perhaps a fourth element should be added that the determination must 46 be compliant with State law, therefore statutory requirements are not diminished. 47 48 Albers agreed that language would help to strengthen the statement. He pointed out 49 another example of “in their professional judgement” and asked if that would open up 50 interpretation. 51 Medina City Council Meeting Minutes 7 March 2, 2021 1 Martin noted that the statement related to State law would help to strengthen that 2 language. 3 4 Batty agreed with those comments. He stated that in regard to the use of “in their 5 professional judgement” that statement is used throughout the ordinance and therefore 6 he does not have concern with that. 7 8 Reid commented that it seems that staff and the Planning Commission spent a lot of 9 time going into detail on these amendments and therefore she is comfortable with the 10 revisions as proposed. 11 12 DesLauriers agreed that the Planning Commission did a thorough review and supports 13 the revisions. 14 15 Moved by Martin, seconded by DesLauriers, to adopt Ordinance No. 669 Amending 16 Regulations Pertaining to Stormwater Management; Amending Chapter 8 of the City 17 Code with the additions recommended by Martin and clarification that the City 18 Engineer’s professional judgement cannot exceed the boundaries of State law. 19 20 A roll call vote was performed: 21 22 DesLauriers aye 23 Albers aye 24 Cavanaugh aye 25 Reid aye 26 Martin aye 27 28 Motion passed unanimously. 29 30 1. Resolution No. 2021-14 Authorizing Publication of Ordinance No. 31 669 by Title and Summary 32 Moved by DesLauriers, seconded by Albers, to adopt Resolution No. 2021-14 33 Authorizing Publication of Ordinance No. 669 by Title and Summary. 34 35 A roll call vote was performed: 36 37 DesLauriers aye 38 Albers aye 39 Cavanaugh aye 40 Reid aye 41 Martin aye 42 43 Motion passed unanimously. 44 45 Martin commended City staff and Batty for their excellent ability to draft ordinances. 46 47 B. Hunter Lions Park Master Plan (8:21 p.m.) 48 Johnson stated that the Park Commission worked closely with staff and WSB to 49 complete the Master Plan for Hunter Lions Park in a phased manner that will allow 50 Public Works to complete some of the work at a lower cost to the City. 51 Medina City Council Meeting Minutes 8 March 2, 2021 1 Gallup stated that one of the 2020 goals for the Park Commission was to complete a 2 Master Plan for Hunter Lions Park to replace aging equipment and infrastructure. She 3 noted that the tennis court is beyond its useful life and therefore they took this 4 opportunity to determine if this was the best layout for the park. She stated that three 5 potential layouts were created to solicit public input. She stated that the Park 6 Commission recommended that the Master Plan be adopted and be completed over the 7 next several years in phases. She reviewed the existing layout for the park and 8 highlighted similarities and differences between the existing layout and the Master Plan. 9 She provided details on the different phases proposed. She stated that if phase one 10 moves forward first, the basketball court would be lost until phase three is completed. 11 She stated that moving forward on phase two would not impact the other existing 12 elements of the park. She stated that they would like to focus on phase two and would 13 then consider how the other phases could move forward in the future when additional 14 funding is known and available. She stated that high level cost estimates were included 15 in the packet as estimated by WSB. She believed that the costs could be reduced 16 substantially by utilizing public works and reviewing the details of each phase in more 17 detail as they come forward. She noted that park dedication funds would be used to 18 complete phase two of the project. She stated that the Park Commission recommends 19 that the Council adopt the Master Plan for the park and begin implementation of phase 20 two utilizing Public Works resources to reduce costs. 21 22 Scherer clarified that the municipal park fund would be used rather than park dedication. 23 He displayed a chart identifying some potential reductions that could be gained by using 24 Public Works. 25 26 Albers asked if there would be lighting proposed. 27 28 Gallup commented that there is not lighting proposed at this time. 29 30 Albers asked if utilizing Public Works staff would take away from their other 31 responsibilities. 32 33 Scherer recognized that there is only so much time, which is why the phasing was 34 broken out over several years. He reviewed the progress that could be made on phase 35 two this year, noting that even phase two would be stretched over more than one year. 36 He commented that they can move dirt with the equipment they have and use snow 37 plowing equipment to haul the dirt, which is a great way to utilize the department’s 38 equipment. He recognized that there is a tall schedule this year because of projects that 39 were delayed last year but believed there were adequate resources. 40 41 Reid commented that this seems like a well thought out plan and great utilization of City 42 resources and staff. She believed that the Council should adopt the recommendation of 43 the Park Commission. 44 45 DesLauriers agreed that the Park Commission and WSB did a great job creating this 46 plan and believed it will service the needs moving forward. He referenced the municipal 47 park fund and asked if that is the fund that was created two years ago for replacement of 48 assets. 49 50 Scherer confirmed that to be true. 51 Medina City Council Meeting Minutes 9 March 2, 2021 1 Barnhart stated that currently $112,000 per year is funded into the account from the 2 property tax levy. 3 4 DesLauriers referenced the statement that the tennis and pickleball courts are in 5 demand and suggested that perhaps the courts at another park location are not leased 6 in the future. 7 8 Gallup commented that the reason those are a more urgent need is because of the 9 disrepair of the tennis court at this park. She stated that the tennis courts leasing at 10 Hamel Legion provides a recreational activity during certain daytime hours and still 11 provides ability for the public to use them. She commented that pickleball courts are 12 increasing in demand. 13 14 DesLauriers commented that the ballfield would most likely be impacted by the project 15 and asked if that could move forward with this phase in order to just do them at the same 16 time. 17 18 Scherer stated that he would most likely come in from the trail. He recognized that 19 something will be disturbed but he will try to minimize the disruption. He did not think 20 there would be enough time and resources to move the ballfield in conjunction with this 21 project. 22 23 DesLauriers stated that he spoke with someone from HAC who stated that as long as 24 they have 150 feet, they can utilize the field for practices. He commented that it would 25 be nice to have a solar light to light the pathway road crossing to the park. 26 27 Scherer stated that was not part of the plan, but he did receive a comment from a 28 resident earlier this week. He stated that he will talk with Chief Nelson to determine the 29 best method to keep traffic moving and keep people safe. He noted that he has only 30 received the one comment/complaint. 31 32 Cavanaugh commented that this is great planning and utilization of staff. 33 34 Martin asked if the plan could be manipulated to maximize winter use of the park as well, 35 such as installing hockey boards for a winter rink. 36 37 Gallup commented that was not discussed in the plan and was unsure there would be 38 space for that. 39 40 Scherer commented that most cities that have boards leave them up as a designated 41 rink year-round as it takes a toll on the fields. 42 43 Martin referenced the Bob Mitchell Memorial Park Fund which had an initial contribution 44 of $250,000. She asked for the current fund balance. She recognized that the Lions 45 Club has perhaps made contributions to the park and therefore that name could most 46 likely not be changed. She stated that perhaps in the future it would make sense for the 47 Park Commission to discuss how that fund could be used in an impactful way to 48 complete a major park improvement that would include naming rights. 49 50 Medina City Council Meeting Minutes 10 March 2, 2021 Johnson stated that the fund was setup in a way that the City can only use the interest 1 earned. He anticipated an update fund balance in March. 2 3 Martin stated that perhaps the foundation could be approached to determine if the family 4 could reverse that directive. She commented that perhaps the family would be 5 interested in naming something after him if those funds could be used for a larger 6 project. She recognized that this would not be the right project but believed that 7 suggestion should be looked into further as a potential option for the future. 8 9 Barnhart commented that the current spendable allowance is just under $10,000 and 10 provided the updated balance. 11 12 Johnson noted that he and Barnhart will follow up with the Minneapolis Foundation. 13 14 Albers referenced the access to and from the parking lot and asked if there should be 15 turn lanes coming in and out of the park to prevent problems with vehicle stacking. 16 17 Scherer commented that he would imagine that those elements were thought out when 18 Hunter Road was redone in conjunction with the Enclave developments. 19 20 Moved by DesLauriers, seconded by Martin, to adopt Hunter Lions Park Master Plan 21 and recommend beginning implementation of phase two (tennis and pickleball courts) 22 utilizing public works resources to reduce costs. 23 24 A roll call vote was performed: 25 26 DesLauriers aye 27 Matin aye 28 Reid aye 29 Albers aye 30 Cavanaugh aye 31 32 Motion passed unanimously. 33 34 IX. CITY ADMINISTRATOR REPORT (8:54 p.m.) 35 Johnson had nothing further to report. 36 37 X. MAYOR & CITY COUNCIL REPORTS (8:54 p.m.) 38 DesLauriers reported that another fire service district meeting will be held on March 11th. 39 40 Reid reported that the Uptown Hamel Business Association has still not met and noted 41 that she may attempt to schedule in person visits with the members individually to 42 introduce herself. 43 44 Martin thanked the Council for their different areas of expertise and the points of view 45 they bring to the discussions. 46 47 XI. APPROVAL TO PAY THE BILLS (8:57 p.m.) 48 Moved by DesLauriers, seconded by Reid, to approve the bills, EFT 005834E-005849E 49 for $59,829.25, order check numbers 051304-051335 for $123,116.43, and payroll EFT 50 0510833-0510860 for $53,456.68. 51 Medina City Council Meeting Minutes 11 March 2, 2021 1 A roll call vote was performed: 2 3 Albers aye 4 Reid aye 5 Cavanaugh aye 6 Martin aye 7 DesLauriers aye 8 9 Motion passed unanimously. 10 11 XII. ADJOURN 12 Martin commented that it is unbelievable to think that the Council has been meeting 13 virtually for one year. She recognized that some people have come in contact with the 14 virus and have come through healthy. She hoped that continues to be true for residents 15 of Medina but recognized that some have been lost to the virus, including Fred Weber. 16 She urged everyone to continue to practice personal precautions. 17 18 Moved by Cavanaugh, seconded by DesLauriers, to adjourn the meeting at 9:00 p.m. 19 20 A roll call vote was performed: 21 22 DesLauriers aye 23 Albers aye 24 Cavanaugh aye 25 Reid aye 26 Martin aye 27 28 Motion passed unanimously. 29 30 31 32 __________________________________ 33 Kathleen Martin, Mayor 34 Attest: 35 36 ____________________________________ 37 Jodi M. Gallup, City Clerk 38 1 AMENDED AND RESTATED GROUNDS SERVICES AGREEMENT This Amended and Restated Grounds Services Agreement (“Agreement”) is made this 16th day of March, 2021, 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 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 ball fields for Contractor’s scheduled practices, games, and tournaments.  Chalking ball fields for Contractor’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.  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 October 3, 2021 to schedule and conduct youth baseball and softball practices and games on the Hamel Legion Park fields as defined in Exhibit A (the “Subject Property”). Contractor may also erect temporary back stops if needed 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, 2021. 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. Agenda Item # 5A 2 Contractor will conduct its team formation tryouts on a weekend or weekends in April. The Contractor will also use these days 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, 2021 to October 31, 2021. 2.01 RIGHT OF FIRST OFFER. Prior to marketing the Subject Property, Areas A, B, C, D, and E per the attached Exhibit A 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 AND USAGE TERMS. 3.01 The Contractor shall provide the City with a $1,000.00 deposit by April 1, 2021 as a deposit for use of the City ball fields and facilities. The City shall retain a portion or all 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 or at the Contractor’s request, roll the deposit forward for the next season. 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 $3,250.00 for use of the Hamel Legion Park recreational fields (Areas A, B, and C) per the days, times and dates detailed below. Payment shall be submitted to the City by April 15, 2021 • Area A per the attached Exhibit A from Monday through Friday, 4:00 p.m. to 10:00 p.m., April 1st through October 3rd, 2021. • Area B per the attached Exhibit A from Monday through Friday, 4:00 p.m. to 10:00 p.m., April 1st through October 3rd, 2021 • Area C per the attached Exhibit A from Monday through Friday, 4:00 p.m. to 10:00 p.m. from April 1st through July 31st, 2021. 3.03 The Contractor shall pay the City in the amount of $550 for use of Paul Fortin Field (Area D) per the days, times, and dates detailed below. Payment shall be submitted to the City by April 15, 2021. 3 • Area D per the attached Exhibit A from Monday through Friday, 4:00 p.m. to 10:00 p.m., from April 1st through October 3rd, 2021 with the condition that the Contractor will work with the Hamel Hawks’ schedule for shared use of Area D. 3.04 The Contractor shall pay the City in the amount of $325 for use of Hunter Lions Field (Area E) per the days, times, and dates detailed below. Payment shall be submitted to the City by April 15, 2021. • Area E per the attached Exhibit A from Monday through Friday, 4:00 p.m. to 10:00 p.m., April 1st through July 31, 2021. 3.05 The Contractor will also receive priority for use of the batting cages in Area A and Area B per the attached Exhibit A from Monday through Friday, 4:00 p.m. to 8:00 p.m. from April 1st to October 3, 2021. The Contractor may also use the Hamel Legion 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 April 15, 2021. 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 April 15, 2021 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 April 1, 2021. 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 Area A per the attached Exhibit A, storage shed located near Area B per the attached Exhibit A, and the storage shed located in Hunter Lions Park Area E per the attached Exhibit A. 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. 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 4 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 October 3, 2021. 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 October 3, 2021. 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 through October 3, 2021, 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. 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. 5 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 October 3rd. It is the responsibility of the Contractor to remove signs by October 3, 2021. 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 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. 6 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. 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. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By __________________________________ Kathleen Martin, Mayor By__________________________________ Scott T. Johnson, City Administrator 7 HAMEL ATHLETIC CLUB (CONTRACTOR) By____________________________ Andrew Servi, President 8 1 HAMEL LEGION PARK CONCESSION SERVICES AGREEMENT THIS HAMEL LEGION PARK CONCESSION SERVICES AGREEMENT (the “Agreement”) is entered into this 16th day of March 2021, by and between the City of Medina, a Minnesota municipal corporation (the "City") and the Hamel Athletic Club, a Minnesota non-profit corporation (the "Contractor"). RECITALS WHEREAS, the City owns the Tom Anderson Fields Four-Plex in Hamel Legion Park (the “Site”) which was constructed for general community recreational use; and, WHEREAS, the City desires to make available the sale of food and beverage concessions (the “Concessions”) as a benefit to the general public at the Site in a City owned field house (the “Facility”); and, WHEREAS, the Contractor submitted a proposal representing Contractor’s professional expertise to provide said Concession services; and, WHEREAS, the City and Contractor wish to specify certain terms and conditions relating to the Site and the operation, maintenance and use of the Facility. AGREEMENT NOW, THEREFORE, in consideration of mutual promises and obligations contained herein, the parties agree as follows. ARTICLE I. CONTRACT DURATION This Agreement shall be in effect from the date of execution of this Agreement through October 31, 2021. The City and Contractor shall meet for a post season review after October 31st of each year to discuss the agreement and the duties of each party to determine if an amendment needs to be made for the next season. ARTICLE II. DUTIES OF THE CONTRACTOR 1. Equipment Approvals. The Contractor agrees to provide Contractor owned NSF equipment, approved by Hennepin County Health Department, for Concessions operated on the Site and in the Facility. 2. Inventory Requirements. The Contractor agrees to purchase and maintain an inventory of Concessions and to provide such Concessions as sale items. The Contractor agrees further to provide other supplies as necessary for proper Concession operations. Agenda Item # 5B 2 3. Specific Concessions to be Provided. The Contractor agrees to provide beverages, pre-packaged food, and other refreshments for sale to the general public at the Site. The Contractor shall retain all profit from the concession sales. The Contractor shall submit a general list of Concession items and prices to the City with the understanding that specific items may change throughout the season. 4. Responsibility for Facility. The Contractor will be responsible for any damage to the Site, the Facility and the Facility’s contents. 5. Times and Dates of Concession Services. Concessions shall be open from 5:30-9 p.m. Monday – Thursday during regularly scheduled field use by the Hamel Athletic Club and during weekend tournaments approved by the City, beginning April 29, 2021 through October 31, 2021. 6. First Right of Refusal to Serve Concessions. The Contractor shall have first right of refusal to serve Concessions during the hours of ball field use. If the Contractor is unable to serve Concessions on any given day, a third party may be allowed to provide Concession services at the Facility as long as they first obtain a license through the Hennepin County Department of Health or the Contractor agrees to allow the third party to operate under the Contractor’s existing license. If the third party wishes to use the Contractor owned equipment, the third party will need to submit a $300 damage deposit to the Contractor. The damage deposit will be returned to the third party minus any damages after the equipment has been inspected by the Contractor. It will be the Contractor’s responsibility to remove any Contractor owned equipment that is not being used by the third party and inventory from the Facility when a third party is providing Concession services at the Facility. All Concession services shall comply with all Minnesota Department of Health regulations. 7. Management of Food Concession Operations. The Contractor shall provide trained staff for Concession operations at the Site. The Contractor agrees also to train and supervise all workers and volunteers for proper Concession handling and cleanup. 8. Payments to City. The City waives all rental, connection and utility fees for the usage of the Facility for Concession operations. The Contractor shall pay to the City any remaining fees in accordance with the City’s fee schedule. 9. Compliance with Laws. The Contractor agrees to comply with all City Code requirements, including licensing and permit requirements for Concession operations, and shall abide by the orders and instructions of the City’s designated inspectors. The Contractor also agrees to comply with all local, State, and Federal laws, rules, and regulations that apply to such Concessions, including but not limited to, health and sanitary codes regarding the preparation, sale and storage of food. The Contractor shall, at its own expense, obtain and keep in effect all licenses and permits which may be required by law to operate the Facility. Contractor shall require all volunteers to exercise courtesy and consideration in their relations with the public. The Contractor shall be responsible for the payment of any sales taxes and/or personal property taxes which may 3 be due as a result of the Concession or Facility operations. Neither Contractor nor Contractor’s employees or volunteers shall be considered employees of the City for any purpose. 10. Records and Reports. The Contractor agrees to maintain an internal control system which shall include tracking all revenues and expenditures. The Contractor agrees to provide unaudited financial statements to the City upon request by the City. 11. Clean Up and Area Maintenance. The Contractor agrees to be responsible for daily cleaning of the service area and daily pick up of all trash and debris located within 100 feet of the Facility. All garbage and recyclables shall be properly deposited in the garbage enclosure. The Contractor agrees to occasionally check the restrooms to ensure they remain orderly; this includes restocking soap and toilet paper and emptying garbage containers when needed. The Contractor shall be responsible for the cleaning of all equipment and the removal of all Concession supplies from the Site immediately following the close of the season. ARTICLE III. DUTIES OF THE CITY The City shall supply the Facility with electric, water and sewer utilities. The City shall supply the Facility with the proper cleaning supplies, garbage bags, soap, and toilet paper. The City shall be responsible for regular maintenance to the building including weekly cleaning of the restrooms. The City shall supply the Site with adequate solid waste and recyclable containers. The City shall arrange for weekly garbage and recycling collection by a licensed hauler to be picked up at the garbage enclosure. ARTICLE IV. INSURANCE The Contractor shall be responsible for insuring all of its personal property brought and maintained at the Site. During the performance of services, the Contractor shall maintain the following minimum insurance coverage and name the City as an additional insured: A. Comprehensive General Liability Insurance: $2,000,000 combined single limit with bodily injury limits of not less than $2,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits of not less than $2,000,000 for each occurrence. B. Workers Compensation Insurance in accordance with Minnesota State Laws. C. Property damage insurance to adequately cover repair and replacement costs for the Contractor’s property. ARTICLE V. INDEMNIFICATION The Contractor shall take all reasonable precautions for the safety of all users of the Site and shall provide reasonable protection to prevent damage to the Site. The Contractor 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 Concession operations and services 4 under this Agreement by the Contractor, its officers, employees, members and agents. Nothing herein shall be construed as waiving any statutory limitation on liability available to the City. ARTICLE VI. 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. ARTICLE VII. TERMINATION Either party may terminate this Agreement for any reason by giving a thirty (30) day written notice to the other party. ARTICLE VIII. ASSIGNMENT The Contractor 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. ARTICLE IX. GOVERNING LAW This Agreement shall be governed by the laws of the State of Minnesota. CITY OF MEDINA By:________________________________ Scott T. Johnson, City Administrator CITY OF MEDINA CITY COUNCIL By:________________________________ Kathleen Martin, Mayor HAMEL ATHLETIC CLUB By:________________________________ Andrew Servi, President MEMORANDUM TO: Mayor and City Council FROM: Steve Scherer, Public Works Director DATE: March 11, 2021 MEETING DATE: March 16, 2021 SUBJECT: 2021 Street Sweeping Service Agreement The City invited two contractors to submit street sweeping service proposals for the 2021 and 2022 contract period. Responses were received from Carefree Services Inc. and Minnesota Street Works, Inc. The agreement will require street sweeping services for all City of Medina urban residential and commercial streets, specified intersections and parking lots at City Hall, Public Works, and the Community Center, plus two additional sweepings of the Independence Beach area streets. Carefree Services, Inc quoted a $7,639.00 flat rate fee for the complete sweeping of all streets, intersections and parking lots, and a $485.00 flat rate fee for each additional sweeping of the Lake Independence streets, and a $108.00 per-hour rate fee for additional services. Minnesota Street Works, Inc. quoted a $5,700.00 00 flat rate fee for the complete sweeping of all streets, intersections and parking lots, and a $380.00 flat rate fee for each additional sweeping of the Lake Independence streets, and a $95.00 per-hour fee for additional services. Staff Recommendation Minnesota Street Works, Inc. is a 2017-OSHA regulation compliant company that does not charge port-to-port, surcharges, or other added fees – only an hourly rate. It is the recommendation of Staff to move forward with the Minnesota Street Works, Inc. Agreement. Agenda Item # 5C 1 STREET SWEEPING SERVICES AGREEMENT This Agreement is made this 17th day of March 2021, by and between Minnesota Street Works, Inc. 3211 101st Ave NE, Blaine, MN 55449, 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 street sweeping services; and 2. The City has approved the contract for street sweeping 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 street sweeping services for all City of Medina urban residential and commercial streets, as well as specified intersections, as highlighted on Exhibit A, by May 1, 2021 and 2022, weather permitting. The parking lots at City Hall, the Public works building at 600 Clydesdale Trail, and the community building parking lots at 3200 Mill Street are also included. Two additional sweepings of the Independence Beach area streets, as identified on Exhibit B, shall be performed between May 1 and November 1, 2021 and 2022. All sweepings performed shall be under the direction of the City Public Works Director. 2.0. TERM. The term of this contract will be from April 1, 2021 until November 1, 2022, or until such later date as may be mutually agreed upon. 3.0 COMPENSATION. The City shall compensate the Contractor for a complete sweeping of streets highlighted on Exhibit A and B, including the Independence Beach area streets and parking lots at City Hall, Public Works, and the Community Building, at a rate of $5,700.00 for 2021 and 2022, as well as a per hour rate of $95.00 for additional services approved by the Public Works Director. The City shall compensate the Contractor for two additional sweepings at Independence Beach at a rate of $380.00 per sweeping for 2021 and 2022. The Contractor will use an Elgin Eagle Mechanical Sweeper or Schwarze A8 Twister Sweeper, or combination thereof, and supply the support vehicle needed to haul away the material that is swept up. The City will provide water for the sweeper. 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 2 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. 3 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 _____________________________ Kathleen Martin, Mayor By ______________________________ Jodi M. Gallup, City Clerk Minnesota Street Works, Inc. (CONTRACTOR) By ______________________________ MEMORANDUM TO: Mayor and City Council FROM: Steve Scherer, Public Works Director DATE: March 11, 2021 MEETING DATE: March 16, 2021 SUBJECT: 2021 Brush Grinding Service Agreement The City invited three contractors to submit brush grinding service proposals for the 2021 contract period. Responses were received from YTS Clearing, Davey and Precision Landscape & Tree. The agreement will require mobilization and set-up of a grinder and front-end loader as well as grinding and hauling away wood waste/debris from the brush site located at city hall. YTS Clearing quoted a $1,000.00 mobilization/set-up fee, a $450.00 hourly grinder charge, a $150 hourly excavator charge and a $75.00 per load rate for hauling material off site. First available start date will be as agreed upon after contract is executed. Davey quoted a $1,500.00 mobilization/set-up fee and $3.00 per yard to grind and haul away wood/debris. Due to their demanding schedule, first available start date will be fall of 2021. Precision Landscape & Tree also quoted a $1,500.00 mobilization/set-up fee and $3.00 per yard to grind and haul away wood/debris. First available start date will be within a week of execution of contract. Staff Recommendation After conversations with each contractor, it is the recommendation of Staff to move forward with the Precision Landscape & Tree quote as the per-yard quantity charge verses per-hour charge is more cost effective. Also, they can schedule to complete the work immediately. Agenda Item # 5D 1 BRUSH GRINDING AND COMPOST REMOVAL SERVICES AGREEMENT This Agreement is made this 17th day of March 2021, by and between Precision Landscape & Tree, 50 South Owasso Boulevard East, Little Canada, MN 55117, 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 brush grinding services and compost removal; and 2. The City has approved the contract for brush grinding services and compost removal 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 brush grinding services and compost removal for the City as directed by the Public Works Director. 2.0. TERM. The term and prices of this contract shall remain in effect from March 17, 2021 through March 17, 2022, or until such later date as may be mutually agreed upon. 3.0. COMPENSATION. The City shall compensate the Contractor $1,500.00 for mobilization and set-up of grinder and front end loader; and at a rate of $3.00 per cubic yard of material ground and hauled away. Upon completion of the work invoice(s) shall include date of service and quantity in cubic yards. 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. The disposal site will be closed during grinding operations. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 2 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 PAYMENT AND PERFORMANCE BOND. The Contractor may be asked to provide a Payment and Performance Bond to the City at no additional cost to the City. 9.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 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. 3 CITY OF MEDINA By _____________________________ Kathleen Martin, Mayor By ______________________________ Scott Johnson, City Administrator Precision Landscape & Tree (CONTRACTOR) By ______________________________ Ordinance No. March , 2021 CITY OF MEDINA ORDINANCE NO. AN ORDINANCE ADOPTING AN AMENDED FEE SCHEDULE The city council of the city of Medina ordains as follows: Section 1. The 2021 schedule of fees and rates is hereby amended by adding the underlined text as follows: The schedule of fees for collecting the following items and materials and acquisition of trees from the Annual City Clean-up Day shall be: Accepted Items: •Scrap Metal .............................................................................. No Charge •Vehicle Batteries ...................................................................... No Charge •Anti-freeze ............................................................................... No Charge •Computer Tower/Laptop/Small Handheld Device....………...No Charge •Small Kitchen Appliances…………………………………… No Charge •Large Appliances …………………………………………… . …$5 each •Miscellaneous Electronics …………………………………. $5 -10 each •Computer Monitor……………………………………………... $10 each •Televisions (small)……………………………………………...$10 each •Televisions (large flat screen – 27” on up)……………………. $15 each •Televisions (large tube style – 27” on up) ……………………. $25 each •Counsel & Projection TVs…………………………………… $50 each •Mattress/Box springs .............................................................. …$50 each •Tires – car……………………………………… .. ………...........$5 each •Tires – truck – with or without rim ............................................... $5 each •Tires – semi truck – without rim ................................................. $10 each •Tires – semi truck – with rim………………………………….. $15 each •Tires – tractor ........................ $25.00 small/$45.00 medium/$60.00 large •Dumping by volume (i.e. carpet, furniture/building materials) ……………………………………$10 small load - up to $30 large load Purchase of Trees: ........................................................................... $15 each Section 2. This ordinance shall become effective upon its adoption and publication. Adopted by the City Council of the City of Medina this __ day of March, 2021. Agenda Item # 5E Ordinance No. March 4, 2021 _____________________________________ Kathleen Martin, Mayor ATTEST: ___________________________________ Jodi M. Gallup, City Clerk Published in the Crow River News this ___day of ______, 2021. Resolution No. 2021- March 16, 2021 Member ______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2021- RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. ___ BY TITLE AND SUMMARY WHEREAS, the city council of the city of Medina has adopted Ordinance No. __ regarding revisions of the city’s fee schedule; and WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the 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 entire ordinance: Public Notice The city council of the city of Medina has adopted Ordinance No. ___. The ordinance revises the city’s fee schedule to include fees for Clean-Up Day. The ordinance will not be codified. The full text of Ordinance No. __ is available for inspection at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the city of Medina that the City 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. Dated: March 16, 2021. Kathleen Martin, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ____ upon vote being taken thereon, the following voted in favor thereof: Agenda Item # 5F Resolution No. 2021- March 16, 2021 2 And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Loretto Volunteer Fire Department Medina Data 2020 00:01- 08:00 08:01- 16:00 16:01- 23:59 7 11 10 Sunday 5 Monday 7 Tuesday 6 Wednesday 2 Thursday 1 Friday 2 Saturday 5 Under 5 6 6-10 Min 12 >10 Min 5 Routine 2 Canceled 3 28 Calls in Medina 403 Firefighter Hours Medicals – 11 Fires – 3 Alarms – 6 PI – 1 Gas Odor – 1 Good Intent Calls - 6 12.1 Average People Per Call Average Response time: 6 Minutes 20 Seconds Time of Day Day of the Week Agenda Item #7A Mutual Aid –Given vs. Received 5.4 5.6 5.8 6 6.2 6.4 6.6 6.8 7 Auto Aid Given Received 7 4 0 5 10 15 20 25 30 Mutual Aid Given Received 1 30 Firefighter Hours For Calls and Event •Administration Hours –2,028 •Chief & Admin Staff (2 part time) •Firefighter Training Hours –1737 •Public Events -484 •Station & Apparatus Maintenance -618 •Firefighter Hours for Calls –3055 Total Hours with Calls = 7,922 Highlights for 2020 •Received a grant for new gear washer •Participated in several birthday drive bys •Purchased 13 sets of new turnout gear with Cares Act Money from Loretto and Greenfield Vision as Fire Chief To build an organizational structure that provides unity, compassion, transparency, necessary tools, equipment, training, and leadership for firefighters to be successful when in action. 2020 Highlights • Delivery of Tanker 11 • Migrated to Emergency Reporting incident software. • Trained personnel in Technical Rescue • Trained in COVID 19 medical response. • Online training - Target Solutions • “Go-Bags” for each FF containing COVID PPE incident response. • Moved Base Station from Apparatus Bay to meeting room. • Clorox Ionization sanitation machine (COVID purchase) • With regrets several community involvement events were canceled due to COVID 19 including Night to Unite in August, fire prevention activities with the Orono School district, community open house and our annual steak fry. These events provide an opportunity to interact with the citizens we serve. Personnel Changes • Dave Eisinger resignation January 2020 • Bart Kusske retirement December 2020 • CJ Johnson retirement – July 2020 • Lucas McKown hired 5/4/2020 • Joe Doyle hired 5/4/2020 • Two applicants currently in hiring process. Fire / Rescue Calls to Highlight • In 2020 MPFD responded to 251 incidents. This is below what we have respond to the last few years • Have been requested for mutual aid on two structure fires in this month. • With the safety enhancement on Highway 12 seen less Personal Injury crashes Maple Plain Fire Department City of Medina Council Report Fire Chief’s 2020 Report March 8, 2021 Maple Plain Fire Department • MPFD responded to only two calls in our contract area in Medina in 2020. This was well below the average number of incidents we respond to in the city of Medina. MPFD has already had three incidents in the city of Medina in 2021. Public Education/Community Events/Training Updates • Every Monday night, excluding holidays, there is schedule training for the firefighters. This includes all the mandated training required to keep up the state certification of the firefighters. Unique training will often find firefighters training on other days of the week also. • MPFD training looked a lot different in 2020 with the COVID precautions taken to keep the personnel healthy. Many classes were online or done in small groups. • The summer 2020 a lot of training involved technical rescue. • Walk through of the new Haven Homes facility Grants • Committed to look for any applicable grants for equipment. 251 2755 NIFRS Codes Represented Number of Calls Fire 100, 400, 700 55 Rescue & EMS 300 163 Good Intent 600 29 Misc 500, 900 4 Number of Calls Number of Hours Independence 79 883 Maple Plain 149 1470.5 Medina 2 29.5 Three Rivers Park 1 10 Mutual Aid (Other)20 362 Delano Fire 2 Long Lake Fire 6 Loretto Fire 8 Mound Fire 3 Wayzata Fire 1 Number of Calls % of total calls 0600hrs - 1759hrs 150 60% 1800hrs - 0559hrs 101 40% Breakdown of Incidents by hour of day: Emergency Call Report Statistical Analysis Number of Calls / Call Hours / Firefighter Resources Time Period: January 1, 2020 - December 31, 2020 Total Incidents - YTD Total Incident Hours - YTD Breakdown of Incident Types: Breakdown of Incidents by city: Year Number of Calls Hours 2020 251 2755 2019 271 2582.5 2018 282 2810 2017 274 2884 2016 297 2015 309 2014 286 2013 290 2012 268 2011 256 2010 244 10 Year Average 275 Year Number of Calls*Hours 2020 2 29.5 2019 13 97 2018 13 117 2017 16 151 2016 9 99 Five Year Ave 10.6 98.7 *Only includes calls within contract area Number of Incidents & Hours / Year - City of Medina Number of Incidents & Hours / Year Emergency Call Report Statistical Analysis Historical Data Time Period: January 1, 2020 - December 31, 2020 118 438:55 1855:20 Number of Training Events & Hours Total Number of Classes Total Class Hours (HHH:MM) Total Personnell Hours (HHH:MM) Training Data Report Statistical Analysis Training Data Time Period: January 1, 2020 - December 31, 2020 Diamond Lake Regional Trail Page 1 of 2 March 16, 2021 Long Term Master Plan City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: March 11, 2021 MEETING: March 16, 2021 City Council Meeting SUBJ: Diamond Lake Regional Trail Master Plan Background The City Council and Park Commission has reviewed the public engagement related to a long- term master plan for Three Rivers Park District’s Diamond Lake Regional Trail (DLRT) at the February 16, February 23, and March 2 work sessions. The City received a significant number of comments raising concerns with alternatives through the southern portion of the City. There was also feedback that a regional trail would be more appropriate in the more densely populated area of Medina and a suggestion to connect the DLRT to existing trails in Baker Park. The feedback from Park Commissioners and City Council members was to conduct additional engagement on potential route alternatives which could provide a regional trail from the northern city boundary, providing an opportunity for a grade-separated crossing of Highway 55, to approximately Hamel Road, and from there west to Baker Park. Staff has discussed a potential schedule for additional public engagement, which is presented below. In consideration of residents’ concerns for any regional trail within the City, Park District staff has requested that the City Council and Park Commission confirm the City’s desire to move forward with additional regional trail planning efforts within the northern portion of the City and, if interested in proceeding, to authorize the general conceptual routes for consideration before additional engagement and evaluation occurs. If the City Council and Park Commission would prefer to not move forward with any additional regional trail planning efforts at this time, the Park District is comfortable identifying and evaluating alternative routes outside of Medina. Potential Public Engagement Schedule The engagement would include access to an online activity throughout. Staff would advertise the process in the April City newsletter, provide a direct mailing to owners within a distance of 350 feet (1000 feet in rural) from the alternatives, connect with neighborhood groups near the alternative routes, and post information on the City’s website and social media sites. City and District staff are finalizing dates for virtual meetings and open house events, but have tentatively planned the following public engagement schedule. Agenda Item # 8A Diamond Lake Regional Trail Page 2 of 2 March 16, 2021 Long Term Master Plan City Council Meeting • March 16, 2021 – confirm Council interest to proceed with master plan engagement • March 17, 2021 – Park Commission • March 22- May 2 (6 weeks) – Public Engagement o Online Engagement (interactive map, email, project information) o 2-3 Virtual Meetings (focused on adjacent property owners but open to all) o 1-2 Outdoor Open Houses o 1-3 Pop-ups in Parks • May 19, 2021 – Park Commission review • June 1, 2021 – City Council review/approval Staff Recommendation Staff recommends proceeding with evaluating the routes identified on the attached map and proceeding with public engagement on the DLRT master plan as described. Attachment Map showing potential alternatives CHIPPEWA O MAPLE Potential DLRT Routes in Medina for additional engagement consideration COUNTY. ROAD 24 0 0.25 0.5 1 Miles 1 I 1 CATES RANCH HAMEL A Q CHESTNUT'. r3, 014\ . Cr' �2 ASTER p00 9. SHAw�,E E' c� F°A-a WOODS �,,o Fq,�s RRy SUNSET `T,° '';' w c 0 0 Q 0 0 O Q w Z il Fir_ ToW 70 t G HARMONY ThreeRivers PARK DISTRICT Baker Park Reserve ea ad 24 Blackfoot Trl Tamarack Dr tiZs 0 0 0 Sh ore Jubert Trl Hamel Rd Navajo Rd W Cilium TN Clydesdale -0 Medina Rd Three Rivers Parloigistrict, Esri, HERE, Garmin, INCREMENT P, Intermap, NGA, USGS Hamel Martina 0 0.25 0.5 1 Miles Potential DLRT Routes in Medina for additional engagement consideration N 1�- ThreeRivers PARK DISTRICT Medina Townhome Development LLC Page 1 of 8 March 16, 2021 PUD Concept Plan City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: March 11, 2021 MEETING: March 16, 2021 City Council SUBJ: Medina Townhome Development LLC – 1432 County Road 29 – Planned Unit Development (PUD) Concept Plan Background At the February 16, 2021 meeting, the City Council reviewed a Planned Unit Development (PUD) Concept Plan for a 24-unit townhome development at 1432 County Road 29. An excerpt from those minutes is attached for reference. The applicant has made some adjustments to the plans and has requested additional feedback before deciding whether to proceed with a formal application. The plans identify how guest parking could be accommodated and provided additional accent materials and entry elements to the proposed exterior elevations. The applicant has also included a privacy fence along the north. An aerial of the site and surrounding property can be found below. Agenda Item # 8B Medina Townhome Development LLC Page 2 of 8 March 16, 2021 PUD Concept Plan City Council Meeting The aerial shows existing land uses and describes planned land uses as follows: • The City of Maple Plain is west of County Road 29. The Haven Homes senior project is under construction to the northwest • Baker Park Reserve is located to the east and northeast • Property to the southeast is guided for High Density Residential (HDR) development. • The lot north of the subject site includes an existing single-family home and is guided for potential HDR redevelopment • Commercial property is located to the south The site is approximately two acres in size and currently includes an existing home and garage. The site slopes down to the east and includes moderate tree cover. This report includes updated information on architectural design and parking, which has been highlighted below. Most of the other information in this report is identical to the 2/18 staff report. Comprehensive Plan/Zoning The subject site is guided for High Density Residential (HDR) development and zoned R4 (Residential Multiple Family). The HDR land use and R4 zoning district allow townhome and multi-family development with a density between 12-15 units/acre. Staff has attached the Vision and Community Goals, the general land use principles and objectives of residential land use from the Comprehensive Plan. The criteria for reviewing a PUD include determining whether the PUD meets these objectives better than a development following the general ordinance standards. PUD Concept Plan The purpose of a PUD Concept Plan is to provide feedback to the applicant prior to a formal application. Generally, the Planning Commission and City Council do not take any formal action and the feedback is purely advisory. Purpose of a Planned Unit Development According to Section 827.25, PUD provisions are established to provide comprehensive procedures and standards designed to allow greater flexibility in the development of neighborhoods and/or nonresidential areas by incorporating design modifications and allowing for a mixture of uses. The PUD process, by allowing deviation from the strict provisions of this Code related to setbacks, lot area, width and depth, yards, and other development standards is intended to encourage: 1. Innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and placement of structures and by the conservation and more efficient use of land in such developments. 2. Higher standards of site and building design. 3. The preservation, enhancement, or restoration of desirable site characteristics such as high quality natural resources, wooded areas, wetlands, natural topography and geologic features and the prevention of soil erosion. Medina Townhome Development LLC Page 3 of 8 March 16, 2021 PUD Concept Plan City Council Meeting 4. Innovative approaches to stormwater management and low-impact development practices which result in volume control and improvement to water quality beyond the standard requirements of the City. 5. Maintenance of open space in portions of the development site, preferably linked to surrounding open space areas, and also enhanced buffering from adjacent roadways and lower intensity uses. 6. A creative use of land and related physical development which allows a phased and orderly development and use pattern and more convenience in location and design of development and service facilities. 7. An efficient use of land resulting in smaller networks of utilities and streets thereby lower development costs and public investments. 8. A development pattern that effectuates the objectives of the Medina Comprehensive Plan. (PUD is not intended as a means to vary applicable planning and zoning principles.) 9. A more desirable and creative environment than might be possible through the strict application on zoning and subdivision regulations of the City. Proposed Site Layout The concept plan proposes 24 townhome units divided amongst four 6-unit structures. This density would be at low end required within the HDR land use and R4 district. The applicant has indicated that they would intend to offer the townhomes for rent. The R4 zoning district is intended to implement development in the HDR land use. As noted above, a PUD allows “deviation from the strict provisions of this Code related to setbacks, lot area, width and depth, yards, and other development standards” to serve the purposes described in the PUD ordinance. To analyze whether to approve a rezoning to PUD, the City compares the request to the expectations of the underlying zoning designation. The applicant has requested the PUD for primarily for flexibility from the setback requirement to the new public street along the south of the property. The applicant has stated that this flexibility is necessary to obtain the minimum density of 12 units/acre with townhome units. The applicant states that townhomes could not be developed at this density without some flexibility through a PUD. The alternative would likely be for a 3-story multi-family structure, which may not be economically viable at this scale. The following compares the concept to the R4 district requirements. R4 Requirement Proposed Townhomes Minimum Net Area per Unit 3400 s.f. 3850 s.f. Maximum Net Area per Unit 3650 s.f. 3850 s.f. Minimum Setback from Perimeter 20 feet 20 feet Arterial Road setback 50 feet 50 feet Local Road Setback (new road on south) 40 feet 20 feet Private Road Setback (internal driveway) 25 feet 22 feet from drive to garage Minimum Distance Between Buildings 30 feet 50 feet Max. Hardcover – total Excluding wetlands and ponds 60% 70% Not indicated Medina Townhome Development LLC Page 4 of 8 March 16, 2021 PUD Concept Plan City Council Meeting The applicant proposes a density of approximately 11.5 units/acre, just under 12 units/acre, which is the lower end of the density range required in the HDR land use. The Comprehensive Plan allows the city to consider flexibility to the density standards as follows: “exceptions to or modifications of density restrictions for developments that protect the natural features or exceed other standards of the zoning district. Such modification shall generally not exceed -10% of the minimum density or +20% of the maximum density requirement of the relevant land use.” This would allow the number of units to be reduced to 22 if the conditions are met. The Planning Commission and City Council can discuss whether this flexibility seems appropriate based upon the slopes of the site, to provide more opportunity for stormwater management, or if the project exceeds minimum standards. The applicant has indicated that they would be willing to rent two of 24 the units (or 1 of the 22 units if the density is reduced as described above) at 80% of the area median income (AMI) to help provide options at a lower rent point. The remaining units would be market rate rents, but provides rental options which are generally lacking within Medina. Architectural Design – Updated 3/16/2021 Council Renderings of the proposed townhomes are attached. The minimum standards of the R4 district include: • Accent materials – minimum of 20% of any façade facing a street shall be accent material • Garage door elements – if garage doors occupy more than 50% of horizontal façade facing a street, additional elements are required • Building modulation – buildings are required to be modulated at least once per 50 feet. This may include varying building height, building setback, building orientation, roof pitch, roof design, or significant differences in building materials/design. The applicant has submitted updated building elevations for review. It appears that the applicant proposes accent materials beyond the amount required by the R4 district. The applicant has also provided railings to the entries of the units to give more of an “entry” appearance. Staff believes these could continue to be improved if the application proceeds. Because the applicant is proposing to pull the units closer to the new street to the south, staff recommends architectural elements on the southern facades of the southern buildings to make these buildings have more of a front entry/porch appearance along the sidewalk. This could include porches, steps, etc. Tree Preservation, Buffer Yard and Landscaping Although the site is not wooded, it is a residential lot with moderate tree cover throughout. It is likely that most of the trees will need to be removed from the site for any project to be developed at HDR density. Development would be subject to the City’s tree preservation regulations, but a waiver may need to be considered because the required density of the Comprehensive Plan and the fact the trees are scattered around the site. Staff recommends that consideration be given to preserve trees along the perimeter of the site. Medina Townhome Development LLC Page 5 of 8 March 16, 2021 PUD Concept Plan City Council Meeting The concept plan does not include landscaping details. The minimum landscaping requirements of the R4 district are based on the perimeter of the development site and requires a minimum of 22 overstory trees, 11 ornamental trees, and 33 shrubs. A bufferyard with an opacity of 0.1 is required along the adjacent street, which may further supplement planting requirements. The City could consider requiring architectural, landscaping, berming, fencing, and other elements beyond the minimum standards as part of a PUD. Staff would recommend that a privacy fence be considered along the northern property line with the adjacent single-family home. Wetlands and Floodplain The site contains no wetlands or floodplains. Transportation/Parking – Updated for 3/16/2021 Council The City’s transportation plan anticipates a new public street along the south of the property, which is intended to provide access to the future development property to the east, and to loop south to connect with the driveway from Holiday and the multi-tenant retail building to the south. In the future, this loop will provide full access to the commercial properties when Hennepin County constructs a median in County Road 29 at the Highway 12 intersection. The applicant proposes to construct the roadway to the point where it turns south off the property. The remaining portion of the loop is anticipated to be constructed by the development to the east. The applicant proposes a right-turn lane from the new road onto County Road 29. Staff recommends that the roadway width be increased east of the turn lane to accommodate the turn radius around the curve to the south. As noted above, the property to the north is guided for HDR redevelopment. Ideally, an opportunity for access to that site through this subject property would be provided to reduce the need for access onto County Road 29. Staff does not recommend requiring an access easement at this time, but would recommend that considerations be made such that the site design could accommodate it in the future. City code requires a minimum of 0.25 guest parking spaces per townhome unit. Staff recommends that a minimum of 6 parking spaces be provided because it will be difficult to maneuver around vehicles parked in front of the garage. The applicant has updated the plans to provide 5 parking spaces in the north-center of the site. The applicant also shows parking at the west of the drive aisle, but staff does not believe these spaces are practical because the vehicles could not turn around. Staff also recommends that the applicant meet the recommendations of Public Safety and the Maple Plain Fire Department with regard to emergency vehicle circulation. Medina Townhome Development LLC Page 6 of 8 March 16, 2021 PUD Concept Plan City Council Meeting Sewer/Water The applicant proposes to extend sewer and water service from County Road 29 to serve the townhome units and to stub the services to the east. Staff recommends that future plans address the comments of the City Engineer. Stormwater/LID Review/Grading Review The Concept Plan includes conceptual grading and stormwater plans. A filtration basin is proposed in the southeast corner of the site and the applicant is considering an underground filtration tank under the driveway. Staff believes there are several considerations for the underground filtration device, including construction and maintenance costs and construction/structural considerations in relation to adjacent buildings and retaining walls. It may be advisable to consider alternatives. The City prohibits lawn/landscaping irrigation from using City water. Staff would recommend that stormwater re-use be utilized for a portion of the stormwater requirements. Park/Trails/Multi-Modal The applicant proposes a small “tot-lot” playground within the project and a sidewalk along the new road. The nearest park is located approximately ½ mile to the northwest at the Orono School Early Learning Center in Maple Plain. Staff recommends additional recreational amenities as part of the amenities of the PUD. This may include something like a basketball hoop or similar amenity. In addition, staff recommends construction of a sidewalk or trail along County Road 29. This will provide pedestrian access to the property to the north if it redevelops. Public Hearing/Planning Commission Review The Planning Commission held a public hearing on the concept plan at the February 9 meeting. The draft minutes from the discussion are attached. The neighbor immediately to the north of the subject site spoke at the hearing and requested consideration for a privacy fence, lighting limitations for patios which will be close to his property, and careful review of drainage so there are no impacts to his property. Comments from Planning Commissioners generally supported a townhome use on the subject property, if it could be shown that the site could accommodate the circulation, parking, and other improvements necessary. Commissioners noted that the concept did appear to be tight, especially after guest parking added. Commissioners did not raise concerns with the reduced setback to the new street to the south, but reiterated that design improvements for the southern façade would be necessary. Some Commissioners spoke favorably of the provision of rental housing, especially for units reserved at lower rents reserved for residents at lower incomes. Medina Townhome Development LLC Page 7 of 8 March 16, 2021 PUD Concept Plan City Council Meeting Review Criteria/Staff Comments The purpose of the PUD Concept Plan is to provide purely advisory comments to the applicant for their consideration whether and how to continue with a formal application. The City has a great deal of discretion when reviewing a PUD because it is a rezoning, which is a legislative action. A PUD should only be approved if it achieves the purposes of the PUD district (described on pages 2-3), the Comprehensive Plan, and other City policies. The PUD process allows flexibility to the general zoning standards to result in a more desirable development than would be expected through strict adherence to the requirements, which in this case are the R4 requirements. The process provides flexibility which is ultimately at the discretion of the City. Such flexibility often cuts in both directions, certain aspects of the development may not meet the general standards while other exceed minimum standards. The flexibility provides the opportunity for collaboration in site design because the City can request adjustments which may be seen as preferred, but would not be required under general standards. When considering the PUD, it is important to compare against the development likely to occur under the standard R4 zoning district. The PUD is not being compared to lower density development or no development at all. The high level of discretion applies to use of the PUD process, whereas the City would have a lower level of discretion if a development was proposed at a similar density range which met the standard zoning requirements. In this case, it appears that the primary flexibility being sought through the PUD is to reduce the front setback to the new street to the south. The applicant describes how they believe the proposed concept meets the objective in their narrative, which is attached for reference. The applicant argues that the PUD allows for development of the site with rental townhomes while still meeting the City’s density requirements for the site. They indicate that this type of development is viable for the site and market and more desirable than development of the site under the R4 standards, which would likely need to be a taller multi-family building. Staff has provided comments throughout the report to be incorporated into any future formal application. These comments are summarized below: 1) Architectural design shall be improved for the south of the southern units to provide more of a “front entry” design. Architectural design shall otherwise meet or exceed the minimum requirements of the R4 district. 2) The site design shall meet the recommendations of Public Safety and Maple Plain Fire with regard to emergency vehicle access and circulation. 3) Consideration shall be made to preserve as many existing trees as practical. Landscaping shall meet the requirements of the R4 zoning district and provide required buffer yards along streets. 4) A privacy fence shall be provided along the northern property line adjacent to the existing single-family lot. 5) The width of the public roadway shall be increased as recommended by the City Engineer. 6) The site design shall be reviewed to provide opportunity for the property to the north to potentially access through the subject site. Medina Townhome Development LLC Page 8 of 8 March 16, 2021 PUD Concept Plan City Council Meeting 7) The applicant shall agree that two of the units (or one if the number of units is reduced to 22) is reserved for rental at or below 80% AMI. 8) Guest parking shall be provided. 9) The applicant shall provide additional recreational amenities and a trail along County Road 29. 10) The applicant shall address the comments of the City Engineer and shall be subject to review and approval by Hennepin County, Minnehaha Creek Watershed and other relevant agencies. Attachments 1. Document List 2. Excerpt from draft 2/9/2021 Planning Commission minutes 3. Excerpt from 2/16/2021 City Council meeting 4. Excerpt from Comprehensive Plan 5. Engineering Comments 6. Applicant Narrative – updated for 3/16 meeting 7. Concept Plan – updated for 3/16 meeting 3/11/2021 Project: LR-21-287– CR29 Townhomes PUD Concept Plan 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 Document Date Pages Electronic Paper Copy? Notes Application 1/5/2021 1/5/2021 3 Yes Yes Deposit 1/5/2021 1/5/2021 1 Yes Yes $2000 Plans 1/5/2021 6/19/2019 14 Yes Yes Concept Plan – updated 3/8/2021 3/8/2021 8 Yes N Purchase Agreement 1/5/2021 9/15/2020 14 Yes Yes Narrative 1/5/2021 NA 4 Yes Yes Narrative-Updated 1/29/2021 NA 4 Yes Yes Narrative-updated 3/8/2021 NA 1 Yes N Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Legal Comments 1/15/2021 1 Y Engineering Comments 1/15/2021 4 Y Building Comments 1/14/2021 1 Y Minnehaha Creek 1/14/2021 1 Y Hennepin County 1/13/2021 2 Y Notice 1/29/2021 8 Y 11 pages w/ affidavit, labels, map Planning Commission Packet 2/4/2021 7 Y City Council Report 2/11/2021 7 Y 36 pages w/ attachments City Council Report 3/11/2021 8 Y OVER 3/11/2021 Public Comments Document Date Electronic Notes Medina Planning Commission Excerpt from Draft 02/09/2021 Minutes 1 Public Hearing – Medina Townhome Development LLC – 1432 County Road 29 – Planned Unit Development Concept Plan Finke stated that the proposed concept includes 24 townhomes on approximately two acres, bordering Maple Plain. He stated that the subject site is guided for high density residential development and zoned R4, which allows for 12 to 15 units per acre. He stated that the Planned Unit Development (PUD) process intends to provide flexibility in return for achieving other City objectives and/or public benefit. He identified the adjacent property uses and zoning. He displayed the proposed site plan, noting that the applicant proposed four six-unit buildings. He compared the site layout to the R4 zoning regulations, noting that the primary flexibility requested would be a reduction to the setback to the new road to the south from 40 feet to 20 feet. He stated that the proposed density is just under 12 units per acre which would be reasonable for a site of this size compared to the density range of the underlying zoning district. He stated that the applicant would be open to reserving two units out of the 24 as affordable units, for those making 80 percent of the area median income or less. He displayed the proposed elevations, both front and back. He stated that staff would recommend that at least the minimum architectural standards be met with additional elements added to the units closest to the public roadway. He noted that staff would also suggest a privacy fence to the north to buffer from the existing single-family homes. He provided details on the proposed roadway that would be built to provide access into the site. He noted that staff suggests that the roadway to the south be widened in order to allow better circulation. He stated that staff would also suggest additional guest parking because of the small size of the driveways. He stated that perhaps the ability to provide access to the property to the north be shown as well in the case of future development. Piper asked if the public road continues and circles around the back of the shopping area to the gas station, would it eventually end up being part of the future high density residential to the east of those structures. Finke replied that the road would be partially constructed on the future high-density parcel to the east and therefore would be required as improvements for that development. Sedabres asked if the requirement for the six parking spaces could be accommodated while maintaining the proposed density. Finke replied that it is possible that the parking could be located along the entry drive, otherwise the units may need to be resized in order to accommodate the parking and maintain the density. Sedabres referenced the property to the north and asked how many additional units could fit on that property under that standard zoning. Finke replied that size is approximately .5 acres in size and therefore would equate to six units but noted that there may be dimensional constraints and therefore less units could be approved. Nielsen asked if the setback proposed to be reduced to 20 feet from 40 feet would be further impacted by the desire for the road to the south to be wider. Finke replied that the setback is measured to the right-of-way line and therefore the road could be widened within the existing right-of-way without impacting the setback further. Shane LaFave, representing the applicant, introduced the members of his team that are present tonight. He stated that they see a need for rental housing for families in this area as there is not a large supply but there is a demand in this part of the community. He stated that the townhome Medina Planning Commission Excerpt from Draft 02/09/2021 Minutes 2 concept would align with the density recommendation for the site. He described the challenges of attempting to fit all the required elements into the site but believed that this concept maximizes the land to its full potential. He stated that the townhomes would be three to four bedrooms and therefore they anticipate families and have included a tot lot amenity. He stated that the PUD is requested for the setback requirement as they do not feel they could provide this number of units without that flexibility. He believed that this development would be attractive to families that want to live in the community but could perhaps not afford to purchase or would prefer to rent. Nielsen asked for input on the mention of two affordable housing units. LaFave replied that they are comfortable designating two units at the 80 percent median income level. He stated that would lower the rent amounts from those identified in the proforma but would not be a large difference. He recognized that there is a need for that in the metro area and understands the need and desire for that. Popp asked if the applicant has insight on how the rental demand for that area has changed in the past five years. LaFave replied that they completed a market demand assessment but noted that does not go into the history of the demand and instead estimates the current demand. Popp asked and received confirmation that the property is within the Orono School District. Piper referenced the six additional guest parking stalls recommended by staff and stated that it would seem those would need to be included and asked if the developer is committed to finding space for them. LaFave replied that staff did share that concern prior to the meeting, and they do recognize the need for that parking. He stated that the other potential would be to cap the drive lanes and provide parking in those areas. Josh Mckinney, representing the applicant, stated that there are a few options available that would be viable for guest parking and provided additional details on those potential locations. He stated that they would further explore those options as they go further into the design. Nielsen referenced the comment related to the south facing side of the buildings and asked for input from the developer. LaFave replied that the comment is well received. He noted that in the first iteration they did not have the sidewalk connecting but they recognized the comment of staff to make that more pedestrian friendly. He stated that they will continue to enhance those entrances to the townhomes to look more like front entries, which could include improving the materials, as they proceed with design. He stated that they are motivated to make it look nice and therefore they are not concerned with accommodating those comments from staff. Nielsen asked if there are any suggestions from staff that the applicant would be concerned with incorporating. LaFave replied that it would be tough to provide the connection to the property to the north. He stated that if they attempted to guess where a drive lane would go to the north, it would most likely eliminate the tot lot and impact the privacy fence. HE stated that it would be difficult to anticipate Medina Planning Commission Excerpt from Draft 02/09/2021 Minutes 3 what could/would be developed on that site and would not want to see an amenity removed from this site in the interest of guessing on what could happen on the property to the north. Popp referenced the preservation of trees mentioned in the staff report, noting the two areas suggested that could be practical to preserve and asked for input from the applicant. LaFave stated that they like the visual and noise barrier that trees provide and therefore are motivated to keep all the trees they can on the west. He stated that the area to the east would be dependent upon grading and concrete pouring. He stated that if that can be done without damaging tree roots, they would like to preserve those trees. Mckinney agreed that they would like to maintain the number of trees that they can as that provides additional separation from Baker Park Road. He asked the Commission to consider the context in which this is placed. He stated that there may be a need to remove trees within the boundary, but Baker Park will maintain its trees. Nielsen opened the public hearing at 7:43 p.m. Robert Braun, 1472 Baker Park Road, commented that he would support the concept for a privacy fence as well as preserving trees when possible near the property line. He commented that the buildings and patios would be near the property line and would want to ensure that there is not an impact to his property from hardcover runoff. He also asked about patio lighting and potential impacts to his property from that lighting. Finke replied that stormwater runoff would be a consideration that would be addressed through the formal plan process and would be looked at carefully to ensure the runoff does not impact adjacent properties. He stated that lighting from individual units would not be regulated but stated that could perhaps be addressed through the PUD if that is a concern. Mr. Braun asked the rental value for the properties. LaFave replied that they would anticipate rents around $2,000 per month. Nielsen closed the public hearing at 7:50 p.m. Grajczyk commented that he likes the townhome concept for this property, recognizing that it is becoming a more popular area for growth and development. He stated that architecturally wise he agrees with the need for a change on the south side of the building along the road, as well as widening that road. He commented that the driving and parking space between the buildings is tight and could see that as an issue for future residents having enough space to back out and get through and would prefer to see something with a little more space that is driver friendly. Piper echoed the comments of the previous Commissioner in that this site is awfully tight for traffic coming in and out. She also prefers the guest parking be provided. She stated that as long as the applicant can meet the City requirements, she supports this moving forward. Popp agreed with the direction of the staff comments to be incorporated into the plans moving forward. He stated that he supports the preservation of trees on the east and west. He stated that he also supports the additional architectural elements on the units facing the road to the south. He stated that the additional parking spots would increase the tightness of the site. He referenced the potential access to the north and stated that it would seem difficult to do that without removing another Medina Planning Commission Excerpt from Draft 02/09/2021 Minutes 4 valuable element such as the tot lot. He stated that he would prefer the additional separation and tot lot. He stated that this appears to be a valuable development that would align with the City’s goals. He referenced the comment related to lighting, which is a valid concern from that resident. Rhem echoed the comments of the previous Commissioners. He stated that staff did an excellent job with their comments and appreciated the applicant for agreeing to incorporate those elements. He stated that this is a great potential development that aligns with what the City is attempting to achieve in its Comprehensive Plan and therefore is very supportive of the request. Sedabres stated that overall, he supports this design as it fits within the R4 standards and appreciates the openness of the developer to provide affordable housing units as that is something the community definitely needs. He echoed the comments related to architectural design on the south and potentially the west sides. He stated that he considered what the local area looks like, noting that the stone fits within the R4 district and adjacent developments. He stated that perhaps additional materials are used to break up the lap siding from east to west. Nielsen agreed with the comments expressed by the Commission thus far. She stated that this appears to be a great design for this property. She noted that she would like to see the two units for affordable housing, if possible, and some sort of downcast lighting on the north side to ensure that does not impact the neighbors to the north. LaFave appreciated the feedback from the Commission tonight. He stated that they will find space for the guest parking and will be cognizant of the vehicle spacing overall. He stated that it appears that perhaps the connection to the north is not needed if they can preserve greenspace and provide the tot lot as an amenity. He stated that they will also think carefully about architecture and the materials they propose, especially on the south side. Finke stated that the intent is to forward this concept to the City Council at its meeting next week. Medina City Council Excerpt from 02/16/2021 Minutes 1 Medina Townhome Development LLC – 1432 County Road 29 – Planned Unit Development (PUD) Concept Plan Review (7:15 p.m.) Finke presented a Planned Unit Development Concept Plan for the subject site and displayed an aerial photograph of the site, identifying the adjacent property uses. He explained that the property is zoned as R-4 and noted that the PUD would allow for flexibility of the underlying zoning in return for providing additional benefits that meet other goals of the City and provide a more desirable development. He displayed the proposed site plan of six buildings each with four units for a total of 24 units. He stated that there would be construction of a public street to the south, as identified in the City’s transportation plan. He stated that the proposed density of the site is just under the 12 units per acre specified by the R-4 district. He noted that the City would have to make the decision as to whether that density would be consistent with the Comprehensive Plan. He stated that staff believes that the development would be consistent with the Comprehensive Plan as it is near that density range and only a two-acre site. He stated that the Comprehensive Plan also speaks to some flexibility from the density based on elements in the Code, which could reduce that density to 22 units for the two-acre site. He stated that the applicant believes that some flexibility would be needed from the R-4 district in order to provide townhomes on the site, such as the flexibility on the front setback. He noted that the alternative would allow for construction of an apartment or condominium building that would have additional height in order to put the same number of units on a smaller footprint. He stated that the applicant also notes that they would be willing to reserve two of the 24 units for rent at 80 percent of the median income level in order to achieve a portion of the City’s goals for workforce and affordable housing. He provided a rendering of the proposed structures and reviewed the details of the proposed elevations as well as the comments of staff and the Planning Commission. He noted that at the Planning Commission meeting a neighboring property owner requested a privacy fence to provide a buffer between the patios and his property. Martin asked for input on the site layout and architectural design. Reid stated that she sees a missed opportunity, noting that if the garages were flipped to face the outside and front entrances facing the center that would create a center commons area that would help to create a sense of community. She believed that more innovative architecture is needed for the project as the garage side looks ordinary and the patio and front door side would be unacceptable. She did not believe that this would meet the requirements of a PUD as she did not see any planning or architecture that would justify a PUD. Finke commented that staff would need to see what that design would look like, noting that the question would be how the other bank of townhomes would be accessed. Martin commented that Reid presented an interesting concept and asked if the developer could provide input on that suggestion. She stated that she would like to see greater accent materials and a better design with more curb appeal. She stated that she also agrees with the staff and Planning Commission recommendations. Cavanaugh asked where the six guest parking stalls would be located. Finke replied that the guest parking was a staff recommendation and has therefore not yet been shown on the plan. He noted that the applicant suggested a few potential locations for the guest parking and confirmed there would be sufficient space to add parking in those locations. Cavanaugh asked where the snow would be stored. Medina City Council Excerpt from 02/16/2021 Minutes 2 Finke replied that the applicant can address that question. Cavanaugh stated that the units have short driveways and if snow is stored at the end of the road it would make it difficult for end units to turn their vehicles around. He stated that he would be keener to reach the density of 24 units or changing the product offered. He stated that the second layout includes an option of six units per building. Martin asked the square footage of the interior of the units. Finke stated that he can attempt to pull that information out of the plans. Martin stated that perhaps the square footage of the units could be reduced to achieve the density. Cavanaugh agreed that the units seem large and perhaps the unit size could be reduced to meet some of the standards. Finke estimated about 2,200 square feet per unit. Albers stated that in reviewing the layout he is concerned with the setback of only 20 feet from the local road. He stated that he also echoes the comments of Reid that there is something lacking in terms of architectural design. DesLauriers stated that he is very concerned with the 20-foot setback and would like to find a way to better meet the required 40 foot setback. He asked for clarification on driveway length. Finke replied that the distance would depend upon how the townhome units would be platted. He stated that in other townhome developments in the community the distance is more likely to be 27 feet from garage to the drive aisle, whereas this would propose 22 feet. He stated that this development would propose a wider drive aisle between the units than would be required, which would balance that out. DesLauriers stated that he would like to see the maximum hardcover percentage for the site too as it appears to be out of compliance. He asked what 80 percent of the median income would equate to for the affordable housing units. He stated that he is also concerned with snow storage and parking for guests as there is not much room in the driveways. Martin asked if the public street would provide opportunities for guest parking as well. Finke replied that the public street would most likely not provide options for parking because of the curved alignment of the street. Martin commented that if the units each have three or four units, the available garage space and parking on the site seems tight. Reid noted that the neighboring retail area is lightly used and typically has excess parking. Martin commented that there would not be a legal right for the townhome residents to park in that area but perhaps a cross parking easement could be secured by the applicant. Medina City Council Excerpt from 02/16/2021 Minutes 3 Finke commented that the current Metropolitan Council figures show a three-bedroom unit at 80 percent of the median income for the area to be approximately $2,100 per month. DesLauriers asked if the affordable housing units could then be charged rents of up to $2,100. Finke confirmed that to be true noting that the other units could have a higher rate if the market demanded. DesLauriers stated that during the Planning Commission meeting the comment was made by the applicant that they would anticipate rents around $2,000 per month and asked if the affordable units could then have higher rates than the other units. Martin stated that there are concerns with how the units work on the site in light of parking needs and snow storage as well as concern with the architectural presentation of the units. She stated that the Council also agrees with the recommendations of the staff and Planning Commission but would like to see additional elements added in order to enhance the curbside appearance. Reid stated that this is an opportunity for have a lovely townhouse development and does not want to miss that opportunity but does not believe this would qualify for a PUD. Finke provided a summary on the infrastructure proposed including the roadway. He stated that the Planning Commission held a public hearing at its meeting the previous week and Commissioners generally supported the townhome use and some flexibility in the setback in order to support that use. He noted that Commissioners also expressed similar concern in the tightness of the site as additional guest parking will need to be incorporated as well. He stated that the City does have a great deal of discretion when reviewing PUD’s and noted that it is important to compare a PUD proposal to the underlying standards rather than to alternative land use or no development. He stated that part of that consideration is how many items are being requested for flexibility. He noted that in this case the main flexibility is the front setback, as the other elements generally meet the zoning requirements. He noted that the intent is for the Council to provide comments tonight and no formal action is requested tonight. Martin noted that there is a tot lot proposed, but sometimes the people that need some space are adolescents and was unsure if a sports court or other similar type of amenity could be provided, recognizing the tightness of the site. DesLauriers stated that it was noted that there may be sidewalks connecting in the future and asked for details. Finke replied that the comment was to provide the sidewalk/trail connections along the western portion and through the site along the public roadway in order to provide a connected network. Shane LaFave, representing the applicant, expressed appreciation for this opportunity to gather input from both the Planning Commission the previous week and the Council tonight. He stated that they see the most demand in this area for families to have a rental option in Medina and within the Orono School District. He stated that there is a huge demand but lack of supply for rental housing. He noted that three- and four-bedroom units would provide that opportunity for families and advised that they would be happy to show that market demand with the Council. He stated that they are attempting to target those families that have a need for rental units with three or four bedrooms. He commented that the affordable units would be a maximum of Medina City Council Excerpt from 02/16/2021 Minutes 4 $2,100, or whatever the market demands, and the affordable units would never be more expensive than the other units. He stated that they are proposing 24 units on the site in order to meet the Comprehensive Plan requirement for density. He stated that if the setback were not reduced, they would only be able to fit 18 units on the site. He stated that they would need flexibility either from the setback requirement or the density requirement in order to make this type of project feasible. He stated that the guest parking arose during the input from the Planning Commission and they have not yet had a chance to update the plan but agree there needs to be guest parking and room for snow storage. He noted that the updated plans would also include more dimensions in order to provide additional information. He confirmed that they would also work to improve the design, noting that these plans are only at about five percent completion and confirmed that they would improve the architectural design as they continue to work on the plans. Martin expressed appreciation for the presentation from the developer along with the staff analysis and review by the Planning Commission. Excerpts from Comprehensive Plan Community Vision The following statement provides a vision of the community for the future and the resultant goals and strategies. Medina is a community united by a common goal: to sustain and enhance the quality of life of its residents. Medina will protect its significant natural resources and open space throughout the City, while honoring its rural heritage and fostering safe and well-designed neighborhoods, places of recreation and destinations for citizens to gather. Development within the City will be commensurate with available transportation systems, municipal services and school capacity. Community Goals The following Community Goals are derived from the Vision Statement and inform objectives and strategies throughout the various aspects of the Comprehensive Plan. • Preserve rural vistas, open spaces, and wetlands in all parts of the community to promote the rural character of Medina. • Protect and enhance the environment and natural resources throughout the community. • Encourage and incent innovative and environmentally friendly approaches to planning, engineering and development. • Expand urban services only as necessary to accommodate regionally forecasted residential growth, desired business opportunities and achievement of other Community Goals. Such development and growth shall be at a sustainable pace proportionate with capacity of schools and transportation, water supply and wastewater infrastructure available to the City. • Spread development so that it is not geographically concentrated during particular timeframes. • Promote public and private gathering places and civic events that serve the entire community. • Preserve and expand trails and parks to provide community recreational facilities, connect neighborhoods, and encourage healthy lifestyles of its residents. • Provide opportunities for a diversity of housing at a range of costs to support residents at all stages of their lives. • Encourage an attractive, vibrant business community that complements the residential areas of the City. • Maintain its commitment to public safety through support of the City’s police department and coordinate with its contracted volunteer fire departments. • Manage the City through prudent budgeting processes, retaining a skilled and efficient staff and long-range planning and financial management. Future Land Use Plan Principles The Future Land Use Plan guides the development of Medina through 2040, and will be used to implement the City’s goals, strategies and policies. The Plan is guided by the Vision and Community Goals as furthered by the following principles: Development Patterns and Neighborhood Form • Encourage open spaces, parks and trails in all neighborhood developments. Surveys indicate that a high quality of life is found when residents have visual access to green spaces. • Create neighborhoods with a variety of housing types that are well connected with roads, trails or sidewalks. • Maintain the integrity of rural neighborhoods and promote development patterns consistent with existing rural residential development. • Recognize neighborhood characteristics and promote new development compatible in scale, architectural quality and style with existing neighborhoods. • Stage residential growth to minimize the amount of adjacent developments which occur within the same time period. • Guide density to areas with proximity to existing infrastructure and future infrastructure availability. • Concentrate higher density development near service oriented businesses to help promote walkability. • Consider planned development in surrounding communities when making land use decisions in the City. Road Patterns • Recognize regional highway capacity and planned improvements, along with use forecasts, as major factors in planning for growth and land use changes. • Establish collector streets with good connections through the community’s growth areas. • Promote trails and sidewalk access near roads and thoroughfares to encourage multi- modal transportation choices. • Consider opportunities to improve north-south travel within the City. Open Spaces and Natural Resources • Preserve natural resources throughout the community and provide educational opportunities to residents to help them understand the value of natural areas. • Preserve open spaces and natural resources. • Protect wooded areas and encourage improvement of existing resources and reforestation. Evaluate existing woodland protections and supplement as necessary. • Support the guidelines identified in the Open Space Report to preserve the City’s natural systems. Business Districts and Commercial Areas • Focus service businesses and development near urban residential densities and along primary transportation corridors. • Provide connections between residents and commercial areas and promote businesses within mixed-use areas. • Work to create job opportunities in the community for Medina residents to reduce traffic and commuting demands. • Emphasize service and retail uses which serve the needs of the local community and provide opportunities for the community to gather. • Support business development with a corporate campus style which provides open spaces and protects natural resources. High Density Residential (HDR) identifies residential land uses developed between 12.0 and 15.0 units per acre that are served, or are intended to be served, by urban services. The primary uses will include town homes, apartment buildings and condominiums which should incorporate some open space or an active park. Residential Uses Objectives: 1. Require preservation of natural slopes, wetlands, woodlands, and other significant natural characteristics of the property. 2. Consider exceptions to or modifications of density restrictions for developments that protect the natural features or exceed other standards of the zoning district. Such modification shall generally not exceed -10% of the minimum density or +20% of the maximum density requirement of the relevant land use. 3. Restrict urban development to properties within the sewer service boundary. 4. Regulate land within the Mixed Residential land use to provide opportunities for residential development with a density in excess of 8 units/acre. Flexibility is purposefully provided within the land use to support opportunities for a single project to provide both low- and high- density housing or for multiple developers to partner on independent projects within a Mixed Residential area. 5. Encourage green building practices such as Leadership in Energy and Environmental Design (LEED) principles in neighborhood planning and residential building and low impact development design standards. 6. Regulate the rate and location of development in keeping with availability of public facilities and the City's stated goals, including the undesignated MUSA and growth strategies. 7. Restrict commercial and business development to areas designated in this Plan. 8. Protect property within the City's MUSA boundary from development prior to the provision of urban services that will hinder future division. 9. Create flexible zoning standards that would allow for innovative arrangements of homes, conservation easements, or other creative land use concepts that preserve the City's open space and natural features. 10. Promote attractive, well-maintained dwellings on functional, clearly marked roads, with adequate facilities and open space. 11. Emphasize resident and pedestrian safety. 12. Encourage a controlled mix of densities, housing types, age groups, economic levels, lot sizes, and living styles that are of appropriate scale and consistent with appropriate land use, market demands, and development standards. 13. Establish design criteria for platting and developing site plans which will be compatible with surrounding physical features, existing land uses and the preservation of ecologically significant natural resources. 14. Establish standards for higher density residential development so that such development is compatible with surrounding uses. Such standards may include enclosed parking, green space, landscape buffering and height limitations. 15. Require utilities to be placed underground wherever possible for reasons of aesthetic enhancement and safety. 16. Plan interconnections between separate developments to encourage shared road use to reduce costs and minimize the amount of road surface required. 17. Require planning of trails and walkway systems in the early design stages of all new development so that residential areas are provided safe access to parks and open space. 18. In urban residential zones with sanitary sewer service permit higher density in PUD’s in exchange for (1) reduced land coverage by buildings, (2) provision of more multi-family units; and, (3) sensitive treatment of natural resources. 19. Implement standards for lot sizes and setbacks which recognize the development characteristics and natural resources of each existing neighborhood. 20. Regulate noise, illumination, and odors as needed to protect residential neighborhoods and to maintain public health and safety. K:\017473-000\Admin\Docs\2021-01-08 Submittal\_2021-01-15 CR29 Townhome Concept PUD - WSB Comments.docx 7 0 1 X E N I A A V E N U E S | S U I T E 3 0 0 | M I N N E A P O L I S , M N | 5 5 4 1 6 | 7 6 3 . 5 4 1 . 4 8 0 0 | W S B E N G . C O M January 15, 2021 Mr. Dusty Finke City Planning Director City of Medina 2052 County Road 24 Medina, MN 55340-9790 Re: CR 29 Townhomes PUD Concept Plan – Engineering Review City Project No. LR-21-287 WSB Project No. 017473-000 Dear Mr. Finke: WSB staff have reviewed County Road 29 Townhomes Concept PUD plan submittal dated January 5, 2021. The plans propose to construct 24 multi-family units (townhomes) on a 2 acre parcel. 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 & Streets 1. With future submittals, identify the proposed street ROW/easements and note the widths on the site plan. Based on the information provided, it appears the intent is for the shared access to bey a public street with the remaining portion of the roadways within the site will be private as no easements have been proposed. 2. The applicant will need to coordinate with the property owner directly to the south for the planning and construction of the proposed public/shared access to CR 29. Lengthen the taper for the proposed right turn lane to a minimum of 7.5:1 or a minimum of 100ft at the public/shared access location. Modify the width of the proposed lanes with a 12’ left/through lane and 13.5’ outer lane widths to face of curb. 3. Any work within Hennepin County right of way will require a permit. The applicant shall also meet the requirements of the County’s plat review committee. 4. With future plan submittals provide a signing and striping plan with callouts for specific striping and signage types. 5. Add typical street section(s) details to the plans meeting the City’s standard, at minimum. The current site plan shows all of the bituminous pavement being “heavy-duty”, confirm intended pavement design. The final street section shall be designed by a registered geotechnical engineer for the specific soil conditions found on the site. 6. Provide a turning movement exhibit to show that a fire truck can access all building structures and required turn around space as required by the City Fire Marshall. 7. City design standards require horizontal and vertical curve lengths to meet a 30 MPH design speed, at minimum. Provide a profile drawing for the proposed public/shared access. City of Medina – CR 29 Townhomes PUD Concept Plan – Engineering Review January 15, 2021 Page 2 K:\017473-000\Admin\Docs\2021-01-08 Submittal\_2021-01-15 CR29 Townhome Concept PUD - WSB Comments.docx 8. The plan does not include trails, sidewalks, or other pedestrian amenities that connect all of the units. See the City Planners comments on pedestrian access and mobility requirements. 9. Provide topographic survey that extends 50 feet beyond the limits of the proposed development. Include additional topography south of the proposed public/shared access improvements. 10. With future submittals include the City standard details for the pertinent improvements proposed. Water/Sewer Utilities 11. With future submittals show the existing sewer and watermain system including the nearest existing hydrants, valves, and manhole locations. 12. The City of Medina’s sanitary sewer system serves the existing site from the west along CR 29. 13. The City of Maple Plain’s water system serves the site. The final design shall meet the City of Maple Plain watermain design standards. Confirm whether or not a permit from the City of Maple Plain will be required. A review of valve locations will be provided with future plan submittals. 14. Watermain looping connections will be needed to minimize long dead-end watermain sections. Consideration of further watermain looping needs and stubs for future phases or other adjacent developments will be required and reviewed with future submittals. With this in mind, at minimum the City will require that the internal site watermain is extended to the northerly property line with a stub and temporary hydrant. 15. Hydrant locations shall be approved of by the City Fire Marshal. 16. The City will require that each unit have a separate water/sewer service. Each water service shall have a separate curb stop (shut-off). With future submittals show proposed sanitary sewer/water service lines and stub invert elevations on plans; the City requires a minimum depth of 4’ from low floor elevations. 17. Gravity sewer is being proposed to serve all units within the development. The City’s typical standard is to place sewer a minimum of 10’ below the surface (18” vertical separation below the watermain). Where this depth is not feasible, the City will allow an 8’ depth; depths less than 8’ will require review on a case-by-case basis and require insulation and/or insulated pipe at minimum. 18. Any public sanitary sewer and watermain shall be encompassed by drainage and utility easements where located outside of public road right of way. Drainage and utility easements will need to allow for a 1:1 trench from the invert of the utility with a minimum of 20’ centered on the utility. 19. With final construction plans, if basements are proposed with the townhomes, the City will require draintile or other connections for sump pump discharges. A separate foundation pipe system in addition to the sump discharge system should be considered. 20. Where any sewer pipe (storm or sanitary) crosses the watermain, include a note saying “Maintain 18-Inch Separation, 4” Rigid Insulation”. Provide dimension notes in various locations between the watermain and storm/sanitary sewer. City of Medina – CR 29 Townhomes PUD Concept Plan – Engineering Review January 15, 2021 Page 3 K:\017473-000\Admin\Docs\2021-01-08 Submittal\_2021-01-15 CR29 Townhome Concept PUD - WSB Comments.docx Traffic & Access 21. Based on the proposed site plan the anticipated traffic generation would be 176 daily trips, 11 AM peak hour trips and 13 PM peak hour trips, assuming 24 townhomes on the site. 22. Any access to CR 29 will be controlled by Hennepin County; full access to the proposed development and the existing retail site to the south shall be combined into one location between the existing retail and the proposed site. The proposed plan shows a shared/public access to CR 29 with two lanes exiting (one left and one right lane) and one lane entering. 23. We understand the existing shared access to the retail site and Holiday will remain open with the proposed development. However, the access will need to be converted to a right-in/right-out in the future when development to the east is proposed, in accordance with Hennepin County requirements. These improvements will need to be coordinated with the property owner to the north and west. 24. A traffic analysis/study should be submitted with assumptions of the existing, proposed, and future development(s) to determine whether when turn lanes will be required at the shared access on CR 29. The analysis should also include what level of future development will trigger the need for construction of the turn lanes. Additional comments may follow from the City (either Maple Plan or Medina) and/or Hennepin County based on the final concept plan submitted. Stormwater 25. The developer will need to submit a Stormwater Management Plan and modeling consistent with Medina’s Stormwater Design Manual. 26. The development will need to meet the City’s volume control requirement to capture and retain onsite 1.1” of runoff from the net new impervious surface. By satisfying the volume requirement the water quality requirement is considered met. Follow the City’s Stormwater Design Manual for alternative credits towards the volume requirement if infiltration is not feasible. 27. The applicant may want to consider using the stormwater ponds for irrigation. Credits for volume control can be given for stormwater reuse. City ordinance does not allow for municipal water system to be used for irrigation. 28. The development will need to meet the City’s rate control requirement, which states that post development discharge rates must be less than or equal to existing conditions discharge rates. 29. The City requires two feet of freeboard from structure low openings to 100-year high water levels and EOF’s. Provide maintenance access to all ponding facilities. 30. The development will need to meet the appropriate watershed standards (Minnehaha Creek Watershed District) and the applicant shall submit for the required permits. Grading and Erosion Control 31. Provide EOFs for all low points inside and outside the roadway. 32. Provide topographic survey that extends 50 feet beyond the limits of the proposed development. 33. Provide spot elevations at the high points between the lots. City of Medina – CR 29 Townhomes PUD Concept Plan – Engineering Review January 15, 2021 Page 4 K:\017473-000\Admin\Docs\2021-01-08 Submittal\_2021-01-15 CR29 Townhome Concept PUD - WSB Comments.docx 34. Maintain all surface grades within the minimum of 2% and maximum 33% slopes. Vegetated swale grades shall be a minimum of 2.0%. Show directional arrows and percent grades on future submittals. 35. Include a typical section/design on the plans for the proposed retaining walls. Submit retaining wall engineered designs for walls 4-feet or greater. 36. A full review of erosion/sediment control will be conducted with the final plat submittal. 37. An NPDES permit must be submitted to the City prior to start of construction. 38. A review of the erosion/sediment control plan will be completed with preliminary/plat submittals. Wetlands 39. A wetland delineation was approved for the site in 2017 and concluded there are no wetlands present (NOD No. WF-17-089). The City, or agents of the City, are not responsible for errors and omissions on the submitted plans. The owner, developer, and engineer of record are fully responsible for changes or modifications required during construction to meet the City’s standards. We would be happy to discuss this review in more detail. Please contact me at 763-287-8532 if you have any questions or if you would like to set up a time to meet. Sincerely, WSB Jim Stremel, P.E. City Engineer PUD Concept Plan Submission – 1432 Co Rd No 29, Medina, MN 55359 (c) A written statement generally describing the proposed PUD and the market which it is intended to serve and the market demand. The statement is also to demonstrate the proposed PUD's relationship to Medina's Comprehensive Plan and how the proposed PUD is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the City. Currently this 2 acre property is used as a vacant single family home, garage, and land. The proposal is to remove the single family home and garage and construct 24 new townhomes (4 buildings), some private outdoor space and recreational area, as well as a new public road. Site design will also take into account the grading changes on the property as well as the need for stormwater management. The townhomes will consist of both three-bedroom and four-bedroom homes that will be rented to families in need of rental housing (including 2 units limiting rents at the 80% AMI level). The driving factor behind this use type is the lack of rental housing options for families in the area. A 3rd party rental housing demand assessment was conducted by Viewpoint Consulting and it estimated the unmet rental demand for the primary market area surrounding this site is 168 units. Construction of new rental townhomes will help meet that unmet demand. Once construction is completed the site will have density of 12 units/acre. The proposed use of rental townhomes and density of 12 units/acre fits within the recommendations of the Comprehensive Plan. To further address Section 827.25 of the City Zoning Code, rental townhomes are not something that currently exists in abundance in Medina. In order to make this project a reality and make it comply with the recommendations of the Comprehensive Plan a PUD is needed. Provision of these townhomes will allow for those who for various reasons cannot purchase a home in Medina to still live in this community, thereby helping to meet the demands for all styles of economic expansion (Subd. 1). Without a PUD the density recommendation on this 2 acre site is not physically or economically feasible, so the classification of a PUD allows for a higher and better maximization of the site (Subd. 2), which in the long term is a better use for the City (per the Comprehensive Plan) with the expected growth. The completion of this project also includes constructing an access road to the 14 acre parcel located immediately to the SE of the subject property, which will make development of that parcel more feasible and convenient (Subd. 6). Without a PUD, the setback requirements in the underlying zoning code would require this project to be less than 24 units, which means it would not meet the density recommendation, which in theory would mean it cannot move forward. A 24 unit project meets the density recommendation, maximizes the use of the site area, and allows for more diversity of housing options to be offered in the City (Subd. 8 and 9). 6 Townhomes 6 Townhomes Tot Lot 6 Townhomes 6 Townhomes 50'-0" 20 ' - 0 " 20 ' - 0 " 20 ' - 0 " 18 ' - 0 " 18 ' - 0 " 18 ' - 0 " 24 ' - 0 " 24 ' - 0 " 24'-0" Privacy Fence Retaining Wall Retaining Wall Retaining Wall kaas wilson architects Medina Townhome DevelopmentSITE PLAN 2.0 03/12/20 1" = 40'-0"1 SD Site Plan 6.1 1 6.1 2 6.1 3 6.14 UNIT 4-0 UNIT 5-0 UNIT 4-0 UNIT 5-0 UNIT 4-0 UNIT 5-0 kaas wilson architects Medina Townhome DevelopmentLEVEL 1 - TYP. TOWNHOUSE 3.0 03/12/20 3/32" = 1'-0"1 Level 1 6.1 1 6.1 2 6.1 3 6.14 UNIT 4-0 UNIT 5-0 UNIT 4-0 UNIT 5-0 UNIT 4-0 UNIT 5-0 kaas wilson architects Medina Townhome DevelopmentLEVEL 2 - TYP. TOWNHOUSE 3.1 12/29/20 3/32" = 1'-0"1 Level 2 Level 1 100'-0" Level 2 111'-1 7/8" TH Truss Brg. 120'-3" 7.37.27.1 4.1 7.1 7.2 7.3 7.1 4.1 Level 1 100'-0" Level 2 111'-1 7/8" TH Truss Brg. 120'-3" 7.1 4.1 7.1 4.1 7.2 7.3 7.1 4.1 7.1 7.2 4.1 7.3 7.1 Level 1 100'-0" Level 2 111'-1 7/8" TH Truss Brg. 120'-3" 7.1 7.2 7.1 4.1 4.1 Level 1 100'-0" Level 2 111'-1 7/8" TH Truss Brg. 120'-3" 7.3 7.1 7.1 4.1 4.1 kaas wilson architects Medina Townhome DevelopmentEXTERIOR ELEVATIONS 6.1 03/12/20 1/16" = 1'-0"1 Front Elevation 1/16" = 1'-0"2 Back Elevation 1/16" = 1'-0"3 Elevation 3 - a 1/16" = 1'-0"4 Elevation 4 - a Mar 02, 2021 - 3:55pm - User:jpistorius L:\PROJECTS\22471\CAD\Civil\Sheets\22471-C1-COVER.dwg C1.01 COVER SHEET Project Location Certification Sheet Title Summary Revision History Sheet No.Revision Project No. Date Submittal / RevisionNo.By Designed:Drawn: Approved:Book / Page: Phase:Initial Issued: Client MEDINA TOWNHOME DEVELOPMENT, LLC. MEDINA TOWNHOMES MEDINA, MN 1432 COUNTY ROAD 29 JEB JGP JEB PRELIMINARY MM/DD/YYYY 22471 Registration No. I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. Date:12345 JOSHUA E. BALZER MM/DD/YYYYPREL I M I N A R Y GEOTECHNICAL CHOSEN VALLEY TESTING, INC. 414 37TH AVE N ST. CLOUD, MN 56303 TEL 320-774-3500 VERDEGAN@CHOSENVALLEYTESTING.COM CONTACT: COLBY VERDEGAN DEVELOPER/OWNER MEDINA TOWNHOME DEVELOPMENT, LLC. TEL 949-439-8425 JOSHSANDERSON@EDINAREALTY.COM CONTACT: JOSH SANDERSON ARCHITECT KAAS WILSON ARCHITECTS 1301 AMERICAN BLVD E BLOOMINGTON, MN 55425 TEL 612-879-6000 JAREDE@KAASWILSON.COM CONTACT: JARED EICHBERGER CIVIL ENGINEER SAMBATEK 12800 WHITEWATER DRIVE, SUITE 300 MINNETONKA, MN 55343 TEL 763-476-6010 JBALZER@SAMBATEK.COM CONTACT: JOSH BALZER LANDSCAPE ARCHITECT SAMBATEK 12800 WHITEWATER DRIVE, SUITE 300 MINNETONKA, MN 55343 TEL 763-476-6010 JMCKINNEY@SAMBATEK.COM CONTACT: JOSH MCKINNEY SURVEYOR GRONBERG & ASSOCIATES, INC. 445 WILLOW DR N LONG LAKE, MN 55356 TEL 952-473-4141 ERICD@GRONBERGASSOC.COM CONTACT: ERIC DAGGETT SHEET INDEX SHEET DESCRIPTION C1.01 COVER SHEET C3.01 SITE PLAN C4.01 GRADING & EROSION CONTROL PLAN C5.01 UTILITY PLAN for Preliminary Site Development Plans Medina Townhomes Medina Townhome Development, LLC. Medina, Minnesota Presented by: NO SCALE VICINITY MAP SITE CONSULTANT CONTACT LIST: N.T.S.GOVERNING SPECIFICATIONS 12 BA K E R P A R K R O A D 24 ATTACHED ALTA / NSPS LAND TITLE SURVEY PREPARED BY GRONBERG AND ASSOCIATES, INC. DATED JANUARY 17, 2017. PROPOSED TOWNHOME7,300 S.F.FFE=1001.0 PROPOSED TOWNHOME7,300 S.F.FFE=1001.0 PROPOSED TOWNHOME7,300 S.F.FFE=1000.0 PROPOSED TOWNHOME7,300 S.F.FFE=1000.0TOT LOT PROPOSED UNDERGROUND FILTRATION BASIN PROPOSED FILTRATION BASIN BOTTOM = 989.00 10-YEAR HWL = 991.17 100-YEAR HWL = 991.86 15.76'24'15.76' 13 . 5 ' 12 ' 13 . 5 ' 50' 36' 20 ' 20' 20 ' 93'100' 5. 5 ' 13 . 5 ' 6. 5 ' 5' 5' 10 ' 16'36' 30 ' 4' 6' 6' 16'36'16' 18 ' 24 ' 18 ' 18 ' 24 ' 18 ' 16'36' 7' 28 ' 63 ' 2 5 SCALE IN FEET 0 6030 NORTH Mar 02, 2021 - 3:55pm - User:jpistorius L:\PROJECTS\22471\CAD\Civil\Sheets\22471-C3-SITE.dwg C3.01 SITE PLAN Project Location Certification Sheet Title Summary Revision History Sheet No.Revision Project No. Date Submittal / RevisionNo.By Designed:Drawn: Approved:Book / Page: Phase:Initial Issued: Client MEDINA TOWNHOME DEVELOPMENT, LLC. MEDINA TOWNHOMES MEDINA, MN 1432 COUNTY ROAD 29 JEB JGP JEB PRELIMINARY MM/DD/YYYY 22471 Registration No. I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. Date:12345 JOSHUA E. BALZER MM/DD/YYYYPREL I M I N A R Y 1.ALL DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT. 2.ALL DIMENSIONS SHOWN ARE TO THE FACE OF CURB TO FACE OF CURB UNLESS OTHERWISE NOTED. 3.CONTRACTOR SHALL REVIEW PAVEMENT GRADIENT AND CONSTRUCT “GUTTER OUT” WHERE WATER DRAINS AWAY FROM CURB. ALL OTHER AREAS SHALL BE CONSTRUCTED AS “GUTTER IN” CURB. COORDINATE WITH GRADING CONTRACTOR. 4.ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT. 5.ALL PARKING STALLS TO BE 9' IN WIDTH AND 18' IN LENGTH UNLESS OTHERWISE INDICATED. 6.CONTRACTOR SHALL REFER TO ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS OF EXIT PORCHES, RAMPS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDING UTILITY ENTRANCE LOCATIONS. 7.SEE ARCHITECTURAL PLANS FOR PYLON SIGN DETAILS 8.SEE ARCHITECTURAL PLANS FOR LIGHT POLE FOUNDATION DETAIL AND FOR EXACT LOCATIONS OF LIGHT POLE. 9.REFER TO FINAL PLAT FOR LOT BOUNDARIES, LOT NUMBERS, LOT AREAS, AND LOT DIMENSIONS. 10.ALL GRADIENTS ON SIDEWALKS ALONG THE ADA ROUTE SHALL HAVE A MAXIMUM LONGITUDINAL SLOPE OF 5% (1:20), EXCEPT AT CURB RAMPS (1:12), AND A MAXIMUM CROSS SLOPE OF 2.08% (1:48). THE MAXIMUM SLOPE IN ANY DIRECTION ON AN ADA PARKING STALL OR ACCESS AISLE SHALL BE 2.08% (1:48). THE CONTRACTOR SHALL REVIEW AND VERIFY THE GRADIENT IN THE FIELD ALONG THE ADA ROUTES PRIOR TO PLACING CONCRETE OR BITUMINOUS PAVEMENT. THE CONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY IF THERE IS A DISCREPANCY BETWEEN THE GRADIENT IN THE FIELD VERSUS THE DESIGN GRADIENT AND COORDINATE WITH GRADING CONTRACTOR. 11."NO PARKING" SIGNS SHALL BE PLACED ALONG ALL DRIVEWAYS AS REQUIRED BY CITY. 12.STREET NAMES ARE SUBJECT TO APPROVAL BY THE CITY. LEGEND EASEMENT CURB & GUTTER BUILDING RETAINING WALL SAWCUT LINE NUMBER OF PARKING STALLS PER ROW SIGN PIPE BOLLARD STANDARD DUTY ASPHALT PAVING HEAVY DUTY ASPHALT PAVING CONCRETE PAVING PROPERTY LIMIT EXISTINGPROPOSED KEY NOTE DEVELOPMENT SUMMARY DEVELOPMENT NOTES WETLAND LIMITS TREELINE XX XX THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL XX. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. CONCRETE SIDEWALK AREA GROSS SITE AREA BUILDING SETBACKS FRONT YARD REAR YARD SIDE YARD ZONING EXISTING ZONING PROPOSED ZONING 95,114 SF 2.18 AC 50 FEET 20 FEET 20 FEET R-4 R-4 PAVEMENT BY OTHERS (SEE ARCHITECTURAL PLANS) 6' PRIVACY FENCE 996997998 999 1000 999 990 990 986987988 989 989 991 991992 990995100 0 987988989991992993994996 9 9 7 9 9 8 999 10 0 0 99 9 9 9 9 999 1000 999 998 100 0 PROPOSED TOWNHOME7,300 S.F.FFE=1001.0 PROPOSED TOWNHOME7,300 S.F.FFE=1001.0 PROPOSED TOWNHOME7,300 S.F.FFE=1000.0 PROPOSED TOWNHOME7,300 S.F.FFE=1000.0TOT LOT PROPOSED UNDERGROUND FILTRATION BASIN T W:999.82 BW:993.28 TW:999.00 BW:992.00 T W:999.00 BW:985.78 T W:999.00 BW:989.00 TW:999.04 BW:999.02 TW:999.00 BW:989.00 PROPOSED FILTRATION BASIN BOTTOM = 989.00 10-YEAR HWL = 991.17 100-YEAR HWL = 991.86 T W:999.97 BW:999.04 SCALE IN FEET 0 6030 NORTH Mar 02, 2021 - 3:55pm - User:jpistorius L:\PROJECTS\22471\CAD\Civil\Sheets\22471-C4-GRADE&EC.dwg C4.01 GRADING & EROSION CONTROL PLAN Project Location Certification Sheet Title Summary Revision History Sheet No.Revision Project No. Date Submittal / RevisionNo.By Designed:Drawn: Approved:Book / Page: Phase:Initial Issued: Client MEDINA TOWNHOME DEVELOPMENT, LLC. MEDINA TOWNHOMES MEDINA, MN 1432 COUNTY ROAD 29 JEB JGP JEB PRELIMINARY MM/DD/YYYY 22471 Registration No. I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. Date:12345 JOSHUA E. BALZER MM/DD/YYYYPREL I M I N A R Y 1.PROPOSED CONTOURS ARE TO FINISHED SURFACE ELEVATION. SPOT ELEVATIONS ALONG PROPOSED CURB DENOTE GUTTER GRADE. 2.CONTRACTOR SHALL REVIEW PAVEMENT GRADIENT AND CONSTRUCT “GUTTER OUT” WHERE WATER DRAINS AWAY FROM CURB. ALL OTHER AREAS SHALL BE CONSTRUCTED AS “GUTTER IN” CURB. 3.ALL GRADIENT ON SIDEWALKS ALONG THE ADA ROUTE SHALL HAVE A MAXIMUM LONGITUDINAL SLOPE OF 5% (1:20), EXCEPT AT CURB RAMPS (1:12), AND A MAXIMUM CROSS SLOPE OF 2.08% (1:48). MAXIMUM SLOPE IN ANY DIRECTION ON AN ADA PARKING STALL OR ACCESS AISLE SHALL BE IN 2.08% (1:48). CONTRACTOR SHALL REVIEW AND VERIFY THE GRADIENT IN THE FIELD ALONG THE ADA ROUTES PRIOR TO PLACING CONCRETE OR BITUMINOUS. CONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY IF THERE IS A DISCREPANCY BETWEEN THE GRADIENT IN THE FIELD VERSUS THE DESIGN GRADIENT. COORDINATE ALL WORK WITH PAVING CONTRACTOR. 4.CONTRACTOR SHALL TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO ADJACENT PROPERTIES DURING THE CONSTRUCTION PHASES OF THIS PROJECT. CONTRACTOR WILL BE HELD SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE ADJACENT PROPERTIES OCCURRING DURING THE CONSTRUCTION PHASES OF THIS PROJECT. 5.SAFETY NOTICE TO CONTRACTORS: IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONTRACTOR WILL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS ON THE JOB SITE, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY DURING PERFORMANCE OF THE WORK. THIS REQUIREMENT WILL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS. THE DUTY OF THE ENGINEER OR THE DEVELOPER TO CONDUCT CONSTRUCTION REVIEW OF THE CONTRACTOR'S PERFORMANCE IS NOT INTENDED TO INCLUDE REVIEW OF THE ADEQUACY OF THE CONTRACTOR'S SAFETY MEASURES IN, ON OR NEAR THE CONSTRUCTION SITE. 6.CONTRACTOR SHALL COMPLETE THE SITE GRADING CONSTRUCTION IN ACCORDANCE WITH THE REQUIREMENTS OF THE OWNER'S SOILS ENGINEER. ALL SOIL TESTING SHALL BE COMPLETED BY THE OWNER'S SOILS ENGINEER. CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING ALL REQUIRED SOIL TESTS AND INSPECTIONS WITH THE SOILS ENGINEER. A GEOTECHNICAL ENGINEERING SOILS REPORT HAS BEEN COMPLETED BY: COMPANY: CHOSEN VALLEY TESTING, INC. ADDRESS: 414 37TH AVE N, ST. CLOUD, MN 56303 PHONE: 320-774-3500 DATED: FEBRUARY 20, 2017 CONTRACTOR SHALL OBTAIN A COPY OF THE SOILS REPORT. 7.CONTRACTOR SHALL COMPLETE DEWATERING AS REQUIRED TO COMPLETE THE SITE GRADING CONSTRUCTION. 8.PRIOR TO PLACEMENT OF THE AGGREGATE BASE, A TEST ROLL SHALL BE PERFORMED ON THE STREET AND PARKING AREA SUBGRADE. CONTRACTOR SHALL PROVIDE A LOADED TANDEM AXLE TRUCK WITH A GROSS WEIGHT OF 25 TONS. THE TEST ROLLING SHALL BE AT THE DIRECTION OF THE SOILS ENGINEER AND SHALL BE COMPLETED IN AREAS AS DIRECTED BY THE SOILS ENGINEER. CORRECTION OF THE SUBGRADE SOILS SHALL BE COMPLETED IN ACCORDANCE WITH THE REQUIREMENTS OF THE SOILS ENGINEER. 9.REPLACE ALL SUBGRADE SOIL DISTURBED DURING THE CONSTRUCTION THAT HAVE BECOME UNSUITABLE AND WILL NOT PASS A TEST ROLL. REMOVE UNSUITABLE SOIL FROM THE SITE AND IMPORT SUITABLE SOIL AT NO ADDITIONAL COST TO THE OWNER. 10.CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING VEHICULAR AND PEDESTRIAN TRAFFIC CONTROL DEVICES SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGMEN AND LIGHTS TO CONTROL THE MOVEMENT OF TRAFFIC WHERE NECESSARY. TRAFFIC CONTROL DEVICES SHALL CONFORM TO APPROPRIATE MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARDS. 11.EXISTING TREES AND OTHER NATURAL VEGETATION WITHIN THE PROJECT AND/OR ADJACENT TO THE PROJECT ARE OF PRIME CONCERN TO THE CONTRACTOR'S OPERATIONS AND SHALL BE A RESTRICTED AREA. CONTRACTOR SHALL PROTECT TREES TO REMAIN AT ALL TIMES. EQUIPMENT SHALL NOT NEEDLESSLY BE OPERATED UNDER NEARBY TREES AND EXTREME CAUTION SHALL BE EXERCISED WHEN WORKING ADJACENT TO TREES. SHOULD ANY PORTION OF THE TREE BRANCHES REQUIRE REMOVAL TO PERMIT OPERATION OF THE CONTRACTOR'S EQUIPMENT, CONTRACTOR SHALL OBTAIN THE SERVICES OF A PROFESSIONAL TREE TRIMMING SERVICE TO TRIM THE TREES PRIOR TO THE BEGINNING OF OPERATION. SHOULD CONTRACTOR'S OPERATIONS RESULT IN THE BREAKING OF ANY LIMBS, THE BROKEN LIMBS SHOULD BE REMOVED IMMEDIATELY AND CUTS SHALL BE PROPERLY PROTECTED TO MINIMIZE ANY LASTING DAMAGE TO THE TREE. NO TREES SHALL BE REMOVED WITHOUT AUTHORIZATION BY THE ENGINEER. COSTS FOR TRIMMING SERVICES SHALL BE CONSIDERED INCIDENTAL TO THE GRADING CONSTRUCTION AND NO SPECIAL PAYMENT WILL BE MADE. 12.EXCAVATE TOPSOIL FROM AREAS TO BE FURTHER EXCAVATED OR REGRADED AND STOCKPILE IN AREAS DESIGNATED ON THE SITE. CONTRACTOR SHALL SALVAGE ENOUGH TOPSOIL FOR RESPREADING ON THE SITE AS SPECIFIED. EXCESS TOPSOIL SHALL BE PLACED IN EMBANKMENT AREAS, OUTSIDE OF BUILDING PADS, ROADWAYS AND PARKING AREAS. CONTRACTOR SHALL SUBCUT CUT AREAS, WHERE TURF IS TO BE ESTABLISHED, TO A DEPTH OF 6 INCHES. RESPREAD TOPSOIL IN AREAS WHERE TURF IS TO BE ESTABLISHED TO A MINIMUM DEPTH OF 6 INCHES. 13.TRENCH BORROW CONSTRUCTION: IF ALLOWED BY THE OWNER, CONTRACTOR SHALL COMPLETE “TRENCH BORROW” EXCAVATION IN AREAS DIRECTED BY THE ENGINEER IN ORDER TO OBTAIN STRUCTURAL MATERIAL. TREES SHALL NOT BE REMOVED OR DAMAGED AS A RESULT OF THE EXCAVATION, UNLESS APPROVED BY THE ENGINEER. THE EXCAVATION SHALL COMMENCE A MINIMUM OF 10 FEET FROM THE LIMIT OF THE BUILDING PAD. THE EXCAVATION FROM THIS LIMIT SHALL EXTEND AT A MINIMUM SLOPE OF 1 FOOT HORIZONTAL TO 1 FOOT VERTICAL (1:1) DOWNWARD AND OUTWARD FROM THE FINISHED SURFACE GRADE ELEVATION. THE TRENCH BORROW EXCAVATION SHALL BE BACKFILLED TO THE PROPOSED FINISHED GRADE ELEVATION, AND SHALL BE COMPACTED IN ACCORDANCE WITH REQUIREMENTS OF THE QUALITY COMPACTION METHOD AS OUTLINED IN MN/DOT SPECIFICATION 2105.3F2. SNOW FENCE SHALL BE FURNISHED AND PLACED ALONG THE PERIMETER OF THE TRENCH BORROW AREA WHERE THE SLOPES EXCEED 2 FOOT HORIZONTAL TO 1 FOOT VERTICAL (2:1). 14.FINISHED GRADING SHALL BE COMPLETED, CONTRACTOR SHALL UNIFORMLY GRADE AREAS WITHIN LIMITS OF GRADING, INCLUDING ADJACENT TRANSITION AREAS. PROVIDE A SMOOTH FINISHED SURFACE WITHIN SPECIFIED TOLERANCES, WITH UNIFORM LEVELS OR SLOPES BETWEEN POINTS WHERE ELEVATIONS ARE SHOWN, OR BETWEEN SUCH POINTS AND EXISTING GRADES. AREAS THAT HAVE BEEN FINISHED GRADED SHALL BE PROTECTED FROM SUBSEQUENT CONSTRUCTION OPERATIONS, TRAFFIC AND EROSION. REPAIR ALL AREAS THAT HAVE BECOME RUTTED, ERODED OR HAS SETTLED BELOW THE CORRECT GRADE. ALL AREAS DISTURBED BY THE CONTRACTOR'S OPERATIONS SHALL BE RESTORED TO EQUAL OR BETTER THAN ORIGINAL CONDITION OR TO THE REQUIREMENTS OF THE NEW WORK. 15.TOLERANCES 15.a.THE RESIDENTIAL BUILDING SUBGRADE FINISHED SURFACE ELEVATION SHALL NOT VARY BY MORE THAN 0.30 FOOT ABOVE, OR 0.30 FOOT BELOW, THE PRESCRIBED ELEVATION AT ANY POINT WHERE MEASUREMENT IS MADE. 15.b.THE COMMERCIAL BUILDING SUBGRADE FINISHED SURFACE ELEVATION SHALL NOT VARY BY MORE THAN 0.10 FOOT ABOVE, OR 0.10 FOOT BELOW, THE PRESCRIBED ELEVATION AT ANY POINT WHERE MEASUREMENT IS MADE. 15.c.THE STREET OR PARKING AREA SUBGRADE FINISHED SURFACE ELEVATION SHALL NOT VARY BY MORE THAN 0.05 FOOT ABOVE, OR 0.10 FOOT BELOW, THE PRESCRIBED ELEVATION OF ANY POINT WHERE MEASUREMENT IS MADE. 15.d.AREAS WHICH ARE TO RECEIVE TOPSOIL SHALL BE GRADED TO WITHIN 0.30 FOOT ABOVE OR BELOW THE REQUIRED ELEVATION, UNLESS DIRECTED OTHERWISE BY THE ENGINEER. 15.e.TOPSOIL SHALL BE GRADED TO PLUS OR MINUS 1/2 INCH OF THE SPECIFIED THICKNESS. 16.AFTER THE SITE GRADING IS COMPLETED, IF EXCESS OR SHORTAGE OF SOIL MATERIAL EXISTS, CONTRACTOR SHALL TRANSPORT ALL EXCESS SOIL MATERIAL OFF THE SITE TO AN AREA SELECTED BY THE CONTRACTOR, OR IMPORT SUITABLE MATERIAL TO THE SITE. 17.CONTRACTOR SHALL DETERMINE THE LOCATION OF ANY HAUL ROADS THAT MAY BE REQUIRED TO COMPLETE THE SITE GRADING CONSTRUCTION AND SHALL INDICATE HAUL ROADS ON EROSION AND SEDIMENT CONTROL “SITE MAP”. CONTRACTOR SHALL COMPLY WITH THE REQUIREMENTS OF THE GOVERNING AUTHORITY OF EACH ROADWAY. CONTRACTOR SHALL POST WHATEVER SECURITY, AND COMPLY WITH ALL CONDITIONS WHICH ARE REQUIRED BY EACH GOVERNING AUTHORITY OF EACH ROADWAY. 18.DISTURBED AREAS WITHIN WETLAND MITIGATION SITE AND ANY DISTURBED AREAS WITHIN THE WETLAND SHALL BE RESTORED WITH 6 TO 12 INCHES OF ORGANIC SOILS, PREFERABLY SOILS THAT WERE PREVIOUSLY REMOVED FROM WETLAND AREAS. SEEDING IN THE WETLAND MITIGATION AREAS ABOVE THE NORMAL WATER LEVEL SHALL BE MN STATE SEED MIX 34-271, WET MEADOW SOUTH AND WEST, OR APPROVED EQUAL. FOR STATE SEED MIXES, OATS AND WINTER WHEAT SHOULD BE SELECTED BASED ON THE TIME OF YEAR THAT THE MIX IS BEING USED. OATS SHOULD BE INCLUDED IN MIXES IF BEING USED BETWEEN OCTOBER 15TH AND AUGUST 1ST. WINTER WHEAT SHOULD BE USED BETWEEN AUGUST 1ST AND OCTOBER 15TH. THE SEEDING RATE IS THE SAME FOR OATS AND WINTER WHEAT. MIX 34-271 SHOULD BE APPLIED AT 12 POUNDS PER ACRE. SEED SHALL BE WATERED UNTIL A HEALTHY STAND OF VEGETATION IS OBTAINED. 19.FILL PLACED WITHIN THE BUILDING PAD AREAS SHALL BE IN CONFORMANCE WITH HUD/FHA PROCEDURES AND DATA SHEET 79G. 20.RETAINING WALL(S) SHALL BE CONSTRUCTED OF _________________ (MODULAR BLOCK, TREATED TIMBER, BOULDER, ETC.) MATERIAL. CONTRACTOR SHALL SUBMIT TO THE ENGINEER AND LOCAL AUTHORITY CERTIFIED ENGINEERING DRAWINGS, DESIGN CALCULATIONS AND SOIL BORINGS. THE CERTIFIED ENGINEER FOR THE RETAINING WALL(S) SHALL PROVIDE CONSTRUCTION OBSERVATIONS OF THE RETAINING WALL IMPROVEMENT, AND A LETTER CERTIFYING THE INSTALLATION OF THE WALL(S) WAS CONSTRUCTED IN CONFORMANCE WITH THE PLANS AND SPECIFICATIONS. 902.5 X 902 SPOT ELEVATION CONTOUR RIP RAP OVERFLOW ELEV. CURB & GUTTER BUILDING RETAINING WALL PROPERTY LIMIT EXISTINGPROPOSED LEGEND WETLAND LIMITS TREELINE STORM SEWER SOIL BORINGS GRADING NOTES DRAINTILE EOF 902.5 D THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL XX. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. PROPOSED TOWNHOME7,300 S.F.FFE=1001.0 PROPOSED TOWNHOME7,300 S.F.FFE=1001.0 PROPOSED TOWNHOME7,300 S.F.FFE=1000.0 PROPOSED TOWNHOME7,300 S.F.FFE=1000.0TOT LOT PROPOSED UNDERGROUND FILTRATION BASIN PROPOSED FILTRATION BASIN BOTTOM = 989.00 10-YEAR HWL = 991.17 100-YEAR HWL = 991.86 CONNECT TO EXISTING SANITARY SYSTEM MH 01 RE=998.05 IE=982.20 (FIELD VERIFY) MH 02 RE=999.15 IE=986.42 MH 03 RE=998.84 IE=987.06 MH 05 RE=1000.48 IE=990.00 211 LF - 8" PVC SDR 26 @ 2.00% 32 LF - 8" PVC SDR 26 @ 2.00% 39 LF - 8" PVC SDR 26 @ 2.00% 108 LF - 8" PVC SDR 26 @ 2.00% 62 LF - 8" PVC SDR 26 @ 2.00% 24 LF - 8" PVC SCH 40 @ 2.00% 23 LF - 8" PVC SCH 40 @ 2.00% 8" PVC STUB IE=987.66 SANITARY SEWER SERVICE IE=990.48 SANITARY SEWER SERVICE IE=990.46 SANITARY SEWER SERVICE IE=988.30 SANITARY SEWER SERVICE IE=988.30 23 LF - 8" PVC SCH 40 @ 2.00% 23 LF - 8" PVC SCH 40 @ 2.00% WATERMAIN SERVICE CONNECTION WATERMAIN SERVICE CONNECTION WATERMAIN SERVICE CONNECTION WATERMAIN SERVICE CONNECTION CONNECT TO EXISTING 8" WATERMAIN WITH 8" TEE & GATE VALVE (FIELD VERIFY) 98 LF - 15" STM SWR @ X.XX% 115 LF - 15" STM SWR @ 1.00% 4 LF - 15" STM SWR @ 1.00% CB 104 RE=999.25 IE=996.25 CBMH 103 RE=999.28 IE=995.27 CBMH 102 RE=998.30 IE=994.12 CBMH 101 RE=998.29 CONNECT TO FILTRATION BASIN IE=994.00 21 LF - 24" STM SWR @ 0.50% FES IE=988.88 OCS 100 RE=998.68 IE=993.90 W IE=988.11 E W/ 2.6' WEIR WALL FES 200 IE=989.00FES 203 IE=996.00 CBMH 201 RE=998.54 IE=995.30 W, S IE=989.44 E CBMH 202 RE=998.54 IE=995.78 CBMH 201A RE=998.94 IE=995.56 HYDRANT 6" GATE VALVE MH 04 RE=999.05 IE=987.84 HYDRANT 6" GATE VALVE HYDRANT 6" GATE VALVE 22 LF - 24" STM SWR @ 2.00% 24 LF - 24" STM SWR @ 2.00% 11 LF - 24" STM SWR @ 2.00% 51 LF - 18" STM SWR @ 0.50% 46 LF - 18" STM SWR @ 0.50% 18" STM SWR STUB IE=995.798" WATERMAIN TEE AND PLUG HYDRANT 6" GATE VALVE SCALE IN FEET 0 6030 NORTH Mar 02, 2021 - 3:55pm - User:jpistorius L:\PROJECTS\22471\CAD\Civil\Sheets\22471-C5-UTIL.dwg C5.01 UTILITY PLAN 1.THE UTILITY IMPROVEMENTS FOR THIS PROJECT SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE "STANDARD UTILITIES SPECIFICATIONS" AS PUBLISHED BY THE CITY ENGINEERS ASSOCIATION OF MINNESOTA (CEAM), EXCEPT AS MODIFIED HEREIN. CONTRACTOR SHALL OBTAIN A COPY OF THESE SPECIFICATIONS. 1.1.ALL UTILITIES SHALL BE CONSTRUCTED IN ACCORDANCE WITH CITY REQUIREMENTS. 1.2.CONTRACTOR SHALL NOT OPEN, TURN OFF, INTERFERE WITH, OR ATTACH ANY PIPE OR HOSE TO OR TAP WATERMAIN BELONGING TO THE CITY UNLESS DULY AUTHORIZED TO DO SO BY THE CITY. ANY ADVERSE CONSEQUENCES OF ANY SCHEDULED OR UNSCHEDULED DISRUPTIONS OF SERVICE TO THE PUBLIC ARE THE LIABILITY OF CONTRACTOR. 1.3.A MINIMUM VERTICAL SEPARATION OF 18 INCHES AND HORIZONTAL SEPARATION OF 10-FEET BETWEEN OUTSIDE PIPE DIAMETERS IS REQUIRED AT ALL WATERMAIN AND SEWER MAIN (BUILDING, STORM AND SANITARY) CROSSINGS. 2.ALL MATERIALS SHALL BE AS SPECIFIED IN CEAM SPECIFICATIONS EXCEPT AS MODIFIED HEREIN. 2.1.ALL MATERIALS SHALL COMPLY WITH THE REQUIREMENTS OF THE CITY. 2.2.ALL SANITARY SEWER TO BE PVC SDR-35, UNLESS NOTED OTHERWISE. 2.2.1.ALL SANITARY SEWER SERVICES TO BUILDING SHALL BE PVC SCH 40 CONFORMING TO ASTM D2665. 2.3.ALL WATERMAIN TO BE DUCTILE IRON - CLASS 52, UNLESS NOTED OTHERWISE. 2.3.1.ALL WATERMAIN TO HAVE 7.5-FEET OF COVER OVER TOP OF WATERMAIN. 2.3.2.PROVIDE THRUST BLOCKING AND MECHANICAL JOINT RESTRAINTS ON ALL WATERMAIN JOINTS PER CITY STANDARDS. 2.4.ALL STORM SEWER PIPE TO BE SMOOTH INTERIOR DUAL WALL HDPE PIPE WITH WATER TIGHT GASKETS, UNLESS NOTED OTHERWISE. 2.4.1.ALL STORM SEWER PIPE FOR ROOF DRAIN SERVICES TO BUILDING SHALL BE PVC SCH 40 CONFORMING TO ASTM D2665. 2.5.RIP RAP SHALL BE Mn/DOT CLASS 3. 3.COORDINATE ALL BUILDING SERVICE CONNECTION LOCATIONS AND INVERT ELEVATIONS WITH MECHANICAL CONTRACTOR PRIOR TO CONSTRUCTION. 4.ALL BUILDING SERVICE CONNECTIONS (STORM, SANITARY, WATER) WITH FIVE FEET OR LESS COVER ARE TO BE INSULATED FROM BUILDING TO POINT WHERE 5-FEET OF COVER IS ACHIEVED. 5.CONTRACTOR SHALL TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO ADJACENT PROPERTIES DURING THE CONSTRUCTION PHASES OF THIS PROJECT. CONTRACTOR WILL BE HELD SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE ADJACENT PROPERTIES OCCURRING DURING THE CONSTRUCTION PHASES OF THIS PROJECT. 6.SAFETY NOTICE TO CONTRACTORS: IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONTRACTOR WILL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS ON THE JOB SITE, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY DURING PERFORMANCE OF THE WORK. THIS REQUIREMENT WILL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS. THE DUTY OF THE ENGINEER OR THE DEVELOPER TO CONDUCT CONSTRUCTION REVIEW OF CONTRACTOR'S PERFORMANCE IS NOT INTENDED TO INCLUDE REVIEW OF THE ADEQUACY OF CONTRACTOR'S SAFETY MEASURES IN, ON OR NEAR THE CONSTRUCTION SITE. 7.ALL AREAS OUTSIDE THE PROPERTY BOUNDARIES THAT ARE DISTURBED BY UTILITY CONSTRUCTION SHALL BE RESTORED IN KIND. SODDED AREAS SHALL BE RESTORED WITH 6 INCHES OF TOPSOIL PLACED BENEATH THE SOD. 8.CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFIC CONTROL DEVICES SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGMEN AND LIGHTS TO CONTROL THE MOVEMENT OF TRAFFIC WHERE NECESSARY. TRAFFIC CONTROL DEVICES SHALL CONFORM TO APPROPRIATE MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARDS. 9.ALL SOILS TESTING SHALL BE COMPLETED BY AN INDEPENDENT SOILS ENGINEER. EXCAVATION FOR THE PURPOSE OF REMOVING UNSTABLE OR UNSUITABLE SOILS SHALL BE COMPLETED AS REQUIRED BY THE SOILS ENGINEER. THE UTILITY BACKFILL CONSTRUCTION SHALL COMPLY WITH THE REQUIREMENTS OF THE SOILS ENGINEER. CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING ALL REQUIRED SOILS TESTS AND SOIL INSPECTIONS WITH THE SOILS ENGINEER. A GEOTECHNICAL ENGINEERING REPORT HAS BEEN COMPLETED BY: COMPANY: CHOSEN VALLEY TESTING, INC. ADDRESS: 414 37TH AVE N, ST. CLOUD, MN 56303 PHONE: 320-774-3500 DATED: FEBRUARY 20, 2017 CONTRACTOR SHALL OBTAIN A COPY OF THIS SOILS REPORT. 10.CONTRACTOR SHALL SUBMIT 2 COPIES OF SHOP DRAWINGS FOR MANHOLE AND CATCH BASIN STRUCTURES TO ENGINEER. CONTRACTOR SHALL ALLOW 5 WORKING DAYS FOR SHOP DRAWING REVIEW. 11.CONTRACTOR AND MATERIAL SUPPLIER SHALL DETERMINE THE MINIMUM DIAMETER REQUIRED FOR EACH STORM SEWER STRUCTURE. 12.THE UNDERGROUND STORMWATER SYSTEM SHOWN ON THE UTILITY PLAN AND THE DETAIL SHEETS IS FOR INFORMATIONAL PURPOSES ONLY AND DEPICTS THE MINIMUM STORAGE REQUIREMENTS AND THE SYSTEM ELEVATIONS. THE CONTRACTOR (WITH THEIR SUPPLIER OR DESIGNER) SHALL SUBMIT DESIGN DRAWINGS TO THE ENGINEER FOR REVIEW AND APPROVAL PRIOR TO CONSTRUCTION. THE DESIGN DRAWINGS SHALL DEPICT THE FINAL LAYOUT AND DETAILS FOR CONSTRUCTION. THE DRAWINGS SHALL BE CERTIFIED BY A LICENSED ENGINEER FOR THE STATE IN WHICH THE PROJECT IS CONSTRUCTED. THE SUBMITTAL SHALL INCLUDE ALL NECESSARY PRODUCT INFORMATION, DESIGN CALCULATIONS AND BEDDING REQUIREMENTS FOR THE PROPOSED STORMWATER SYSTEM. FOLLOWING CONSTRUCTION, THE CERTIFYING ENGINEER SHALL SUBMIT A LETTER TO THE OWNER AND ENGINEER INDICATING THEY OBSERVED THE INSTALLATION AND THE INSTALLATION OF THE STORMWATER SYSTEM WAS IN CONFORMANCE WITH THE CERTIFIED DRAWINGS. TELEPHONE ELECTRIC GAS LINE FORCEMAIN (SAN.) EASEMENT WATERMAIN SANITARY SEWER EXISTINGPROPOSED STORM SEWER CURB & GUTTER DRAINTILE D S S SLS LEGEND UTILITY CONSTRUCTION NOTES THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL XX. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. Project Location Certification Sheet Title Summary Revision History Sheet No.Revision Project No. Date Submittal / RevisionNo.By Designed:Drawn: Approved:Book / Page: Phase:Initial Issued: Client MEDINA TOWNHOME DEVELOPMENT, LLC. MEDINA TOWNHOMES MEDINA, MN 1432 COUNTY ROAD 29 JEB JGP JEB PRELIMINARY MM/DD/YYYY 22471 Registration No. I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. Date:12345 JOSHUA E. BALZER MM/DD/YYYYPREL I M I N A R Y NORTHWEST ASSOCIATED CONSULTANTS, INC. __________________________________________________________________ 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com PLANNING REPORT TO: Medina City Council FROM: Nate Sparks DATE: March 10, 2021 MEETING DATE: March 16, 2021 RE: Holy Name Lake Estates Final Plat CITY FILE: LR-21-288 BACKGROUND Donavon DesMarais has made application for a final plat on unaddressed property located northeast of Pinto Drive north of Holy Name Lake. The site is three unaddressed properties. The subject site is approximately 90 acres in size with about 25 acres being under the ordinary high-water mark of Holy Name Lake. Most of the remaining site is currently farmed. The applicant proposes to subdivide the three large acreage parcels into six acreage lots. Each of the six proposed acreage parcels range in size from 10-23 acres. The site was subject of a preliminary plat and variance approval on December 1, 2020. The variance allowed for the cul-de-sac length. As part of this subdivision, the applicant will be reconstructing a portion of the existing Pinto Drive. PROPOSED DIVISION The applicant is proposing to divide the subject site into six parcels. The property is zoned Rural Residential which allows for parcels 300 feet wide and 200 feet deep with a minimum of 5 acres of contiguous suitable soils. The parcels would access off an extension of Pinto Drive. The proposed division is consistent with these requirements. FINAL PLAT REVIEW To approve a final plat, the City Council must find that the final plat is consistent with the preliminary plat approval. The Preliminary Plat was approved with the following terms and conditions, which were addressed in the manner identified below. 1. The Applicant shall enter into a development agreement with the City, which shall include the conditions described below as well as all other requirements by City ordinance or policy. Agenda Item # 9A The Development Agreement has been prepared and for Council consideration. 2. All easement legal descriptions shall be provided to the City Attorney. The legal descriptions have been provided to the City Attorney and included in the requisite documents. 3. An upland buffer conservation easement and planting plans shall be provided around the wetlands. All requirements of the wetland protection ordinance shall be met. This has been provided for the Development Agreement. There are several wetlands located on the site, especially adjacent to the lake. There are areas of wetland impacts that require permitting. 4. The property owner shall submit title documentation and meet the requirements of the City Attorney with regards to title issues and recording procedures. The title information has been provided to the City Attorney and the Applicant will need to work with the City Attorney on recording. 5. All comments from the City Engineer shall be addressed. The City Engineer’s comments are included with this information. All remaining items shall be addressed prior to recording. Drainage and utility easements are provided on the perimeter of the site and over wetland and floodplain areas. There are also drainage and utility easements over stormwater infrastructure such as ponds, drainageways, and emergency overflows. Additional easements are required over certain drainageways on the property. 6. All comments from the Minnehaha Creek Watershed District shall be addressed. The Applicant has revised the plans to meet the Watershed District comments. 7. The applicant shall submit park dedication in the amount recommended by the Parks Commission. This includes the trail easements totaling 1.18 acres and cash-in-lieu in the amount of $18,553. The Subdivision Ordinance requires park dedication at the rate of 10% of the land, 8% of the value of the land, or a combination thereof. The parcels total about 90 acres in size, with approximately 52 acres buildable after subtracting the land under Holy Name lake and within wetlands. This would require a land dedication of 5.2 acres or a cash-in-lieu dedication of $24,000. As part of the preliminary plat review, the City requested 25-foot-wide trail easements to be dedicated along the north property line of a portion of the site and then connecting to the roadway and then following the roadway. The total amount of easement is 1.24 acres of land (23.8% of 5.2 acres). The remainder of the park dedication would be cash-in-lieu in the amount of $18,277. 8. Trail easements shall be 25 feet in width and include corridors along the north property line of Lot 1 outside of wetland areas; along the north property line of Lot 2 in the western portion of the lot; between Lots 1 and 2; and along Pinto Drive west of Lot 2, all in accordance with City requirements. The plans have been revised to include this. 9. Drainage and utility easements adjacent to trail easements shall be increased in size to accommodate the standard drainage and utility area outside of the trail easement. The plans have been revised to include this. 10. The grading plan shall be modified to include an area for future trail construction within easements and the right-of-way. This was addressed on the revised grading plan. 11. The Applicant shall pay for 50% for the pavement overlay of the approximately 450 feet of Pinto Drive north of County Road 24 and reconstruct the remainder of the existing road to the northern terminus to meet City standards. The applicant is proposing an extension of Pinto Drive to the northeast to accommodate the development. The road will be reconstructed from a private street cul-de-sac north of County Road 24 to the property. The road will then be extended into the property and end in a new cul- de-sac. The current north-south section of Pinto Drive that extends northward from County Road 24 is about 1300 feet in length. The portion of this road that extends from County Road 24 to the private drive in the Winchester Hills subdivision (2060 Pinto Drive) is currently built to adequate standards. Required maintenance of this section will be provided for, as part of the development agreement. North of this private drive, though, the road is substandard and requires reconstruction as part of this project. The developer is rebuilding the road in this area for the development. This section from the Winchester Hills private drive north to the east-west portion of Pinto Drive to access this site is about 860 feet in length. The road surface is about 16-18 feet wide. It will be rebuilt to a standard 24-foot width with shoulder and ditches. The east-west portion of Pinto will utilize a partial right-of-way dedicated with the Ducharme Addition subdivision and then the right-of-way dedication associated with this subdivision on the existing “flag” portion of the western parcel of the subject site. This portion of the road currently has a private driveway in it that accesses 2232 and 2192 Pinto Drive and the subject site. This east-west portion of the road will be about 650 feet in length. The Development Agreement requires securities related to the reconstruction of the existing road, as well as the construction of the new public road segment. 12. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the preliminary plat and other associated documents. The Applicant will need to address any unpaid fees with the Development Agreement. 13. The application for final plat shall be submitted to the City within 180 days of preliminary approval or the preliminary plat shall be considered void, unless a written request for time extension is submitted by the applicant and approved by the City Council. The final plat was applied for in the requisite time period. STORM WATER IMPROVEMENT TAXING DISTRICT The City’s practice is to require that property owners and homeowners’ associations maintain stormwater improvements within developments. This is formalized through an agreement that is recorded against each property. Additionally, the City’s practice is to establish Storm Sewer Improvement Taxing District over development sites as a “back-up plan” if the owner does not properly 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 this meeting. STAFF RECOMMENDATION The proposed division appears to conform with the general requirements of the preliminary plat approval and Subdivision Ordinance. If the Council agrees, staff would recommend the following actions: 1) Motion to adopt the resolution granting final plat approval 2) Motion to approve the Development Agreement by and between the City of Medina and JD Dossier Holdings LLC. 3) Motion to adopt the ordinance establishing the Holy Name Lake Estates Storm Sewer Improvement Tax District 4) Motion to adopt the resolution authorizing publication by title and summary ATTACHMENTS: 1. Final Plat Resolution 2. Development Agreement 3. Storm Sewer Taxing District Ordinance 4. Summary Publication of Ordinance 5. Engineer’s Comments 6. Applicant's Plan Set Member ________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2021-__ RESOLUTION GRANTING FINAL PLAT APPROVAL OF HOLY NAME LAKE ESTATES WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, JD Dossier Holdings, LLC (the “Applicant”) is the fee owner of land (the “Property”) legally described as: That part of the Northwest Quarter of the Northwest Quarter of Section 24, Township 118, Range 23, Hennepin County, Minnesota, lying East of the West 674.41 feet thereof. and The South 60.00 feet of the East 644.41 feet of the West 674.41 feet of the Northwest Quarter of the Northwest Quarter of Section 24, Township 118, Range 23, Hennepin County, Minnesota. and The East 5/16ths of the South Half of the Northwest Quarter of Section 24, Township 118, Range 23, Hennepin County, Minnesota, except road. and The Northeast Quarter of the Northwest Quarter of Section 24, Township 118, Range 23, Hennepin County, Minnesota. WHEREAS, the Applicant received approval of a preliminary plat with variance from the City Council on December 1, 2020 to develop the Property into six separate lots intended as single family residential properties consistent with the Rural Residential zoning district standards; and WHEREAS, on March 16, 2021, the City Council reviewed the plat for consistency with the approved preliminary plat, the terms and conditions of the preliminary plat approval, and the requirements of the City’s subdivision regulations. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota that final approval is hereby granted for the plat of Holy Name Lake Estates subject to the following terms and conditions: 1. The Applicant shall enter into a development agreement with the City, which shall include the conditions described below as well as other requirements by City ordinance or policy. 2. The Applicant shall construct all improvements shown on the plans dated 2/23/2021 except as may be modified herein. The Applicant shall address the comments of the City Engineer, Minnehaha Creek Watershed, and other relevant staff and agencies and the conditions noted herein. 3. The Applicant shall enter into an Upland Buffer easement agreement, as drafted by the City, and provide any required securities related to the Upland Buffer planting plan. Buffer planting and maintenance plans shall be provided and all requirements of the wetland protection ordinance shall be met. 4. The Applicant shall meet the requirements of the City Attorney in regards to title issues and recording procedures. 5. All comments from the City Engineer shall be addressed. 6. The plat shall dedicate drainage and utility easements over stormwater improvements and drainageways, including the additional drainageways identified by the City Engineer. 7. All comments from the Minnehaha Creek Watershed District shall be addressed. 8. The Applicant shall satisfy park dedication by granting trail easements totaling 1.24 acres and paying cash-in-lieu fee in the amount of $18,277. 9. The Applicant shall enter into a petition and waiver agreement for 50% for the pavement overlay of the approximately 450 feet of Pinto Drive north of County Road 24. 10. Construction plans shall include reconstruction of Pinto Drive from a point approximately 450 feet north of County Road 24 to the northern terminus to meet City standards. 11. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the plat and other associated documents. 12. The final plat shall be recorded within 180 days of the date of this resolution or the approval shall be considered void, unless a written request for a time extension is submitted by the Applicant and approved by the City Council. Dated: March 16, 2021. By: ______________________ Kathleen Martin, 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. ME230-743-700398.v3 EXECUTION COPY DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MEDINA AND JD DOSSIER HOLDINGS LLC FOR HOLY NAME LAKE ESTATES This document drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 ME230-743-700398.v3 i TABLE OF CONTENTS PAGE 1. Right to Proceed ................................................................................................................1 2. Plans; Improvements .........................................................................................................2 3. Erosion Control .................................................................................................................3 4. Site Grading ......................................................................................................................3 5. Construction of Subdivision Improvements .....................................................................3 6. Streets ................................................................................................................................5 7. Septic Systems and Wells .................................................................................................6 8. Stormwater Improvements ................................................................................................6 9. Upland Buffer, Pervious Enhancement, and Preservation Area Easement Agreement ....7 10. Street Signs .......................................................................................................................7 11. Letter of Credit ..................................................................................................................8 12. Homeowners’ Association ................................................................................................8 13. Park Dedication Requirements .........................................................................................9 14. Responsibility for Costs; Escrow for Construction Inspection .........................................9 15. Developer’s Default ..........................................................................................................9 16. Insurance .........................................................................................................................10 17. Floodplain Regulations ...................................................................................................10 18. No Building Permits Approved; Certificates of Occupancy...........................................10 19. Clean up and Dust Control ..............................................................................................10 20. Compliance with Laws ...................................................................................................11 21. Agreement Runs With the Land .....................................................................................11 22. Indemnification ...............................................................................................................11 23. Assignment .....................................................................................................................11 24. Notices ............................................................................................................................11 25. Severability .....................................................................................................................12 26. Non-waiver .....................................................................................................................12 27. Estoppel Certificate; Partial Release ...............................................................................12 28. Counterparts ....................................................................................................................12 SIGNATURES ........................................................................................................................... 13-14 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY EXHIBIT B LIST OF PLAN DOCUMENTS EXHIBIT C FORM OF PETITION AND WAIVER EXHIBIT D FORM OF STORMWATER MAINTENANCE AGREEMENT EXHIBIT E FORM OF UPLAND BUFFER, PERVIOUS ENHANCEMENT, AND PRESERVATION AREA EASEMENT AGREEMENT EXHIBIT F SUBDIVISION IMPROVEMENT COST ESTIMATE EXHIBIT G FORM OF TRAIL EASEMENT ME230-743-700398.v3 1 This Development Agreement (the “Agreement”) is made and entered into this ___ day of _____________, 2021 by and between the city of Medina, a municipal corporation under the laws of Minnesota (the “City”), and JD Dossier Holdings LLC, a Minnesota limited liability company (the “Developer”). WITNESSETH: WHEREAS, the Developer is the fee owner of the real property legally described on Exhibit A attached hereto (the “Property”) and intends to develop the land for single-family residential purposes; and WHEREAS, the Property is zoned RR, Rural Residential and, on December 1, 2020, the City approved the preliminary plat of Holy Name Lake Estates (the “Subdivision”) to accommodate the proposed development via Resolution No. 2020-93; and WHEREAS, on March 16, 2021, the City granted final approval of the plat of the Subdivision via Resolution 2021-__; and WHEREAS, Resolutions 2020-93 and 2021-__ shall be referred to collectively herein as the “City Approvals”; and WHEREAS, the City Approvals are contingent upon the Developer entering into a development agreement satisfactory to the City. NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the parties agree as follows: 1. Right to Proceed. The Property is approximately 90 acres in size and the Subdivision consists of six lots intended for single family residential purposes. The Developer may not construct public or private improvements or any buildings within the Subdivision or otherwise contemplated herein until all the following conditions precedent have been satisfied: a) the final plat of Holy Name Lake Estates has been filed with Hennepin County; b) this Agreement has been executed by the Developer and the City; 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 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 given the City the additional escrow required by this Agreement; f) the Developer has executed the Petition and Waiver Agreement in the form ME230-743-700398.v3 2 attached hereto as Exhibit C; g) the Developer has executed the Stormwater Maintenance Agreement in the form attached hereto as Exhibit D; h) the Developer has executed the Upland Buffer, Pervious Enhancement, and Preservation Area Easement Agreement in the form attached hereto as Exhibit E; i) the Developer has executed a trail easement in the form attached hereto as Exhibit G; j) a storm sewer improvement tax district has been established for the Property and the Developer has submitted the storm sewer improvement tax district disclosure statement required by section 8 of this Agreement; k) the Developer has submitted and the City has approved the certified grading 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, and any other entity having jurisdiction; 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. 2. Plans; Improvements. a) The Developer agrees to develop the Subdivision in accordance with this Agreement, the final plat of Holy Name Lake Estates, the City’s engineering standards and the terms and conditions of the City Approvals, which are hereby incorporated by reference into this Agreement and made a part hereof. The Developer also agrees to construct all required improvements related to 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. b) In developing the Subdivision in accordance with the Plans, the Developer shall make or install at its sole expense the following public and private improvements (collectively, the “Subdivision Improvements”): 1. site grading and erosion controls; 2. street improvements; 3. stormwater facilities; 4. vegetative plantings and buffer signage; and 5. street signs. c) All work performed by or on behalf of the Developer on or related to the Subdivision, including construction of the Subdivision Improvements and construction of houses on the lots, 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. ME230-743-700398.v3 3 3. 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 permit with the Minnesota Pollution Control Agency regarding municipal separate storm sewer system program. Before any portion of the Property is rough graded, an erosion control plan shall be implemented by the Developer as approved by the City. The City may impose reasonable, additional erosion control requirements after the City’s initial approval if the City deems such necessary due to a change in conditions. All areas disturbed by the excavation shall be reseeded promptly after the completion of the work in that area unless construction of streets or utilities, 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 received from the City, the City may take such action as it deems reasonably appropriate to control erosion based on the urgency of the situation. The City agrees to provide reasonable notice to the Developer in advance of any proposed action, including notice by telephone or email in the case of emergencies, but limited notice by the City when conditions so dictate will not affect the Developer’s obligations or the City’s rights hereunder. c) The Developer agrees to reimburse the City for all 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 the erosion control requirements. The erosion control measures specified in the Plans or otherwise required within the Property or adjacent areas shall be binding on the Developer and its successors and assigns. 4. Site Grading. 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 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 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. 5. Construction of Subdivision Improvements. a) All Subdivision Improvements shall be installed in accordance with the Plans, the City Approvals, the City’s subdivision regulations, the City’s engineering standards for utility construction (as hereinafter defined) and the requirements of the report from the City engineer dated 3/10/2021. 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, the Metropolitan Council, and any other agency having jurisdiction over the Subdivision ME230-743-700398.v3 4 before proceeding with construction. The City shall inspect all work at the Developer’s expense. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors. Prior to beginning construction, the Developer or the Developer’s engineer shall schedule a preconstruction meeting with all parties concerned, including the City staff and engineers, to review the program for the construction work. b) Within 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 November 1, 2021 except as may be specifically noted otherwise in this Agreement. c) The Developer agrees to require its contractor to provide to the City a warranty bond against defects in labor and materials for all street improvements for a period of two years from the date of their acceptance by the City. During such period, the Developer further agrees to repair or replace any Subdivision Improvement, or portion or element thereof, which shows signs of failure, normal wear and tear excepted. A decision regarding whether a Subdivision Improvement shows signs of failure shall be made by the City in the reasonable exercise of its judgment. If the Developer fails to repair or replace a defective Subdivision Improvement during the warranty period, the City may repair or replace the defective portion and may use the Letter of Credit, as hereinafter defined, to reimburse itself for such costs. The Developer agrees to reimburse the City fully for the 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. 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 structures within the Subdivision until adequate street access is available to the lot in question. If building permits are issued prior to the completion and acceptance of all Subdivision Improvements serving any lot, the Developer assumes all liability and costs resulting in delays in completion of the Subdivision Improvements and damage to the Subdivision Improvements caused by the City, the Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No temporary or permanent certificate of occupancy shall be issued for any structure within the Subdivision until all streets, except for the final wear course of bituminous, and all utilities have been completed for the Subdivision. ME230-743-700398.v3 5 6. Street Improvements. a) The Developer agrees to construct the street improvements necessary to access and accommodate the Subdivision, including (i) reconstruction of that portion of the existing portion of Pinto Drive that lies north of the private access to 2060 Pinto Drive, and (ii) an extension of Pinto Drive that will provide access to the lots within the Subdivision, all in accordance with City specifications and the Plans. The City’s street specifications for the streets to be constructed pursuant to this Agreement are contained in the most recent edition of its engineering standards (the “Engineering Standards”), which is hereby incorporated into this Agreement by reference. If there is a conflict between the Plans and the Engineering Standards, the Engineering Standards shall prevail except when an alternative has been explicitly approved in writing by the City. b) Following the Developer’s completion of the aforementioned street improvements and inspection thereof by the city engineer, including the final wear course, the City agrees to accept the streets for maintenance if they are deemed by the City to have been constructed according to City specifications, including the Engineering Standards and the Plans. c) All street improvements shall be completed by no later than November 1, 2021, except that the final wear course of bituminous on the newly constructed streets shall not be completed until after at least one seasonal freeze-thaw cycle occurs. Notwithstanding the above, the City reserves the right to require installation of the final wear course regardless of the number of homes completed whenever, at its sole discretion, it deems that to be in the public interest. The Developer shall also repair or replace any damaged improvements within the right-of-way at the time of installation of the final wear course of bituminous. Following acceptance of the street improvements by the City, any person or entity that obtains a building permit for a house within the Subdivision shall be responsible for repairing or replacing any improvements within the right- of-way that are damaged during construction and shall provide the City an escrow to guarantee said repairs or replacement. The amount of escrow shall be a reasonable amount as determined in the sole discretion of the City at the time the building permit is requested. If any improvements within the right-of-way are damaged and not repaired or replaced to their original condition within 30 days of written notice from the City to do so, the City may utilize the escrow to make said repairs or replacement. d) Pursuant to the schedule above, at least one cold weather season will intervene prior to the City’s acceptance of the Developer’s improvements to Pinto Drive. Because more lots than just those in the Subdivision are served by the street improvements required herein, the City agrees to be responsible for the removal of snow and ice from the newly constructed street prior to acceptance; provided, however, that the Developer assumes all liability and costs associated with any damage to the public improvements caused by the City, including its employees and contractors. The City’s removal of snow and ice performed prior to its acceptance of the street improvements shall not constitute acceptance of the work and the City shall otherwise retain all rights to require the Developer to repair or replace any substandard work pursuant to the terms and conditions of this Agreement. e) In order to allow the Developer to grade and to construct the streets in accordance with this section 6, the City hereby agrees to grant to the Developer a temporary easement for ME230-743-700398.v3 6 purposes of street and stormwater installation over, under and across the necessary rights-of-way, as contained in the Plans. The temporary easement will commence upon filing of the plat of Holy Name Lake Estates with Hennepin County and shall terminate upon completion and acceptance by the City of the work described herein regarding streets and stormwater elements to serve the Subdivision. The Developer acknowledges and understands that more lots than just those in the Subdivision are served by the street improvements required and, accordingly, throughout construction, the Developer and its contractors shall ensure that such properties maintain adequate access via Pinto Drive at all times. f) Access to the Subdivision from Pinto Drive and increased heavy vehicle traffic to and from the Property resulting from the development will contribute to the need for the City to perform pavement overlay on that portion of Pinto Drive between County Road 24 and the Subdivision Improvements (the “Overlay Project”). Instead of the City requiring the Developer to perform the Overlay Project immediately and bear the cost of said project prematurely, the parties have determined that it is preferable for the Overlay Project to be constructed by the City in the future, and for the Developer to contribute toward said project only at that time. Accordingly, the Developer agrees to enter into a Petition and Waiver Agreement in the form attached hereto as Exhibit C to ensure that the City has a valid and collectible assessment for the Overlay Project. 7. 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. 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. In no circumstance shall the treatment (absorption) area of the septic system be allowed within any easement. All private wells shall also be located on the served lot. 8. Stormwater Improvements. a) The Developer agrees to construct the stormwater facilities in accordance with the Plans and in compliance with all City requirements regarding such improvements. The stormwater facilities include but are not limited to the stormwater ponds, drainageways, and emergency overflows, together with all related facilities, as shown on the Plans. 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, as hereinafter defined. 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 D. The purpose of the Stormwater Maintenance Agreement is to ensure that the Developer maintains the stormwater facilities and to give the City the right but not the obligation to do so if the Developer fails in its obligations. The Stormwater Maintenance Agreement will be recorded against all land within the Subdivision and will run with the land. The Developer ME230-743-700398.v3 7 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; and iv) if the City performs any work on the stormwater facilities, the City intends to specially assess or otherwise recover the cost of such work against the lots within the Subdivision. c) The Developer will make the HOA responsible for the maintenance, repair or replacement of the stormwater facilities as needed and the HOA documents recorded with Hennepin County shall so require. The HOA shall thereafter be responsible for the maintenance, repair or replacement of all 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; and iii) if the City performs any work on the stormwater facilities, the City intends to recover the cost of such work against the lots within the Subdivision. d) The Developer acknowledges that the City intends to establish a storm sewer improvement tax district which includes all land within the Subdivision. 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. In recognition of this possibility, the Developer agrees to provide prospective lot purchasers with a disclosure statement informing them of the existence of the storm sewer improvement tax 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. 9. Upland Buffer, Pervious Enhancement, and Preservation Area Easement Agreement. The Developer agrees to execute the Upland Buffer, Pervious Enhancement, and Preservation Area Easement Agreement attached hereto as Exhibit E. The purpose of the Upland Buffer, Pervious Enhancement, and Preservation Area Easement is to ensure that the buffer areas surrounding the wetlands on the Property and the pervious enhancement and preservation areas on the Property are planted with appropriate materials intended to enhance water quality and are maintained in that condition thereafter. The materials to be planted within such areas are specified in the Plans and vegetation therein shall be established consistent with the City’s ordinances. The Upland Buffer, Pervious Enhancement, and Preservation Area Easement Agreement will be recorded against the Property and will run with the land. 10. Street Signs. The Developer agrees to install street signs within the Subdivision. The Developer shall pay for the cost of the street signs, which shall be of a design approved by the City and shall be dedicated by the Developer to the City after installation and acceptance by the City. Any street signs requiring repair or replacement will be replaced by the City with the City’s ME230-743-700398.v3 8 standard form of street sign. 11. 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 $861,186.83 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 work covered by the Letter of Credit is itemized on Exhibit F attached hereto. The Letter of Credit shall be issued by a bank determined by the City to be solvent and creditworthy and shall be in a form acceptable to the City. The Letter of Credit shall allow the City to draw upon the instrument, in whole or part, in order to complete construction of any or all of the Subdivision Improvements and other specified work within the Subdivision and to pay any fees or costs due to the City by the Developer. b) 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 evaluation of the City’s maximum risk exposure, delivery of the required warranty bond to the City and 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 following installation of the final wear course of bituminous on the streets; after satisfaction of all financial obligations by the Developer to the City; and after completion of all other requirements of this section. Prior to releasing any portion of the Letter of Credit or accepting another letter of credit in replacement, the City shall first be satisfied regarding the quality and completeness of the work and that the Developer has taken such steps as may be necessary to ensure that no liens will attach to the Subdivision. Notwithstanding anything herein to the contrary, the Letter of Credit shall not be reduced to less than $50,000, until such time as the City releases the entire Letter of Credit. 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 other obligations of the Developer 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 no longer satisfies the City’s requirements regarding solvency and creditworthiness, the City shall notify the Developer and the Developer shall provide to the City within 30 days a substitute Letter of Credit from another bank meeting the City’s requirements. If within 30 days of notice the Developer fails to provide the City with a substitute Letter of Credit from an issuing bank satisfactory to the City, the City may draw under the existing Letter of Credit. 12. Homeowners’ Association. a) The Developer agrees to establish a homeowners’ association (the “HOA”), which shall include all land within the Subdivision. The Developer ME230-743-700398.v3 9 agrees to record covenants against said land for this purpose, which covenants must be in form and substance 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. b) The HOA covenants must provide, among other things, for HOA maintenance of the stormwater facilities, pervious enhancement and preservation areas, and the upland buffers. 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. 13. Park Dedication Requirements. In satisfaction of its park dedication requirement under state law and City ordinance, the Developer agrees to convey a trail easement to the City substantially in the form attached hereto as Exhibit G. In addition to said easement, the Developer shall pay to the City a cash-in-lieu amount of $18,277 which, together with the trail easement, shall constitute the Developer’s complete park dedication obligation for the Subdivision. The cash dedication shall be paid to the City prior to the City executing the final plat. 14. 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 and all associated documents. 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 fee for City construction observation and administration relating to construction of the Subdivision Improvements. Construction observation shall include inspection of all the Subdivision Improvements. In order to reimburse the City for the reasonable cost of inspection of the Subdivision Improvements, the Developer shall deposit an additional $35,000.00 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. 15. Developer’s 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, after providing 30 days’ notice to the Developer of the nature of the default pursuant to the notice requirements in this Agreement, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek an order from any court for permission to enter the Property for such purposes. If the City does any such work, the City may, in addition to its other remedies, levy special assessments against the land ME230-743-700398.v3 10 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. 16. 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. 17. Floodplain Regulations. No structures, including fences and accessory structures, may be constructed within the Subdivision below the regulatory flood protection elevation. The Developer must comply with the requirements of the City with regard to flood protection. Any utilities which are installed by the Developer on ground the surface of which is below the regulatory flood protection elevation must be flood proof in accordance with the state building code and City requirements. 18. 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 must submit and the City must approve building plans prior to an application for 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 other deferred fees, if any, 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 buffer plantings installed in accordance with the Plans, the septic system, well and driveway have been installed, 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. 19. Clean up and Dust Control. The Developer shall clean on a daily basis 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 ME230-743-700398.v3 11 Developer shall provide dust control to the satisfaction of the City’s engineer throughout construction within the Subdivision. 20. 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. 21. 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 there are no unrecorded encumbrances or interests relating to the Property. The Developer agrees to indemnify and hold the City harmless for any breach of the foregoing covenants. 22. Indemnification. The Developer hereby agrees to indemnify and hold the City and its officers, employees, and agents harmless from claims made by it and third parties for damages sustained or costs incurred resulting from approval of the Subdivision or the other City Approvals. The Developer hereby agrees to indemnify and hold the City and its officers, employees, and agents harmless for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys’ fees, except matters involving acts of gross negligence by the City. 23. 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. It is the intention of the parties that any assignee be subject to this Agreement. 24. 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: a) as to Developer: JD Dossier Holdings LLC 26175 Birch Bluff Road Excelsior, MN 55331 Attention: Jennifer A. Swanda b) as to City: City of Medina 2052 County Road 24 Medina, MN 55340 Attention: City Administrator ME230-743-700398.v3 12 with a copy to: Ronald H. Batty Kennedy & Graven 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 or at such other address as either party may from time to time notify the other in writing in accordance with this section. The Developer shall notify the City if there is any change in its name or address. 25. 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. 26. Non-waiver. Each right, power or remedy conferred upon the City by this Agreement is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, or available to the City at law or in equity, or under any other agreement. Each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 27. Estoppel Certificate; Partial Release. a) The City agrees to execute a certification in writing and in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments that (i) this Agreement is unmodified and in full force and effect, or if there have been modifications, the identify of such modifications and that the same are in full force and effect as modified; (ii) no party is in default under any provisions of this Agreement or, if there has been a default, the nature of such default; (iii) all Subdivision Improvements to be constructed under this Agreement have been constructed, or, if not, specifying the Subdivision Improvements yet to be constructed; and (iv) as to any other matter that the requesting party shall reasonably request. Any such statement on behalf of the City may be executed by the city administrator without city council approval. b) Following completion of the Subdivision Improvements and at the written request of the Developer, the City agrees to execute a certification in writing releasing the lot or lots from the Developer’s obligations under this Agreement. Such certification shall not release the lot or lots from any obligations to the HOA, the liability under the storm sewer improvement tax district or any other ongoing obligations regarding the Subdivision. 28. 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. ************************* ME230-743-700398.v3 13 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: __________________________________ Kathleen Martin, Mayor By: __________________________________ Scott T. Johnson, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of __________, 2021, by Kathleen Martin 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 ME230-743-700398.v3 14 JD DOSSIER HOLDINGS LLC By: Jennifer A Swanda, Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) This instrument was acknowledged before me on ________________ 2021, by Jennifer A. Swanda, the chief manager of JD Dossier Holdings LLC, a Minnesota limited liability company, on behalf of the company. ____________________________________ Notary Public This document drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 A-1 ME230-743-700398.v3 EXHIBIT A TO DEVELOPMENT AGREEMENT Legal Description of the Property The land to which this Development Agreement applies is legally described as follows: Lots 1 through 6, Block 1, Holy Name Lake Estates, Hennepin County, Minnesota. ME230-743-700398.v3 B-1 EXHIBIT B TO DEVELOPMENT AGREEMENT List of Plan Documents The following documents prepared by Otto Associates, engineer issue date 02/18/21, collectively constitute the Plans: 1 Cover Sheet 2 Tree Preservation Plan 3 Pervious Enhancement Plan 4-6 Grading Plans 7 Street Improvement Plan 8-9 Street & Storm Sewer Plans 10 SWPPP Narrative 11-13 SWPPP Erosion/Sediment Control 14-16 Stormwater Details 17-19 Details C-1 ME230-743-700398.v3 EXHIBIT C TO DEVELOPMENT AGREEMENT FORM OF PETITION AND WAIVER AGREEMENT PETITION AND WAIVER AGREEMENT THIS PETITION AND WAIVER AGREEMENT (this “Agreement”) is made this ____ day of ______________, 2021, by and between the city of Medina, a municipal corporation under the laws of Minnesota (the “City”), and JD Dossier Holdings LLC, a Minnesota limited liability company (the “Developer”). WITNESSETH: WHEREAS, the Developer owns certain land (the “Property”), which land is legally described on Exhibit A attached hereto; and WHEREAS, the City has approved a final plat and other land use approvals (collectively, the “City Approvals”) to allow the development of the Property for six single-family residential lots; and WHEREAS, due in part to the aforementioned development, the City will need to perform in the future pavement overlay on that portion of Pinto Drive that lies between County Road 24 and the Developer-constructed public street improvements (the “Overlay Project”); and WHEREAS, it is in the interest of the parties to avoid requiring the Developer to bear the expense of constructing the Overlay Project prematurely while offering the City sufficient assurances that the Developer will pay for a portion thereof when needed in the future; and WHEREAS, by separate development agreement dated as of the date hereof (the “Development Agreement”), the City and the Developer have contemplated that the City will in the future construct the Overlay Project on its own; and WHEREAS, the City is willing to construct the Overlay Project without notices or hearings, provided the assurances and covenants hereinafter stated are made by the Developer to ensure that the City will have valid and collectable special assessments as it relates to the Property to finance a portion of the cost of the Overlay Project; and WHEREAS, were it not for the assurances and covenants hereinafter provided, the City would not construct the Overlay Project without such notices and hearings and would be doing so solely at the behest, and for the benefit, of the Developer; and WHEREAS, the parties have entered into this Agreement pursuant to and in satisfaction of the terms of the City Approvals previously granted by the City and of the Development Agreement. NOW, THEREFORE, ON THE BASIS OF THE COVENANTS AND OBLIGATIONS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: C-2 ME230-743-700398.v3 1. The Developer represents and warrants that it has full legal power and authority to encumber the Property as herein provided, that in doing so it is not in violation of the terms or conditions of any instrument or agreement of any nature to which it is bound or which relates in any manner to the Property and that there are no other liens or encumbrances against the Property except those of record. 2. The Developer hereby petitions the City for construction of the Overlay Project at such time as the City, in its sole discretion, deems necessary. Such determination and subsequent initiation and construction of the project may be made by the City at any time within five years following the date of this Agreement. This Agreement does not preclude the Developer from independently petitioning the City for construction of the Overlay Project or any other project at any time the Developer believes any public improvements are necessary or desirable. 3. The Developer consents to the City levying a special assessment for the costs of the Overlay Project against the Property in accordance with Minn. Stat., Section 429.061. The principal amount of the special assessment shall not exceed the lesser of the actual cost of the Overlay Project or $15,000.00. The total amount assessed under this Agreement, which shall not exceed the figure above, shall be apportioned equally against each of the six lots that make up the Property at the time of the assessment. 4. The Developer waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031, on the Overlay Project and notice of hearing and hearing on the special assessment levied to finance the Overlay Project pursuant to Minn. Stat. Section 429.061 and specifically requests that the Overlay Project be constructed and the special assessment be levied against the Property without notice of hearing or hearing. 5. The Developer waives the right to appeal the levy of special assessment in accordance with this Agreement pursuant to Minn. Stat. Section 429.081 and further specifically agrees with respect to such special assessment against the Property that: a. All requirements of Minn. Stat., Chapter 429 with which the City does not comply are hereby waived by the Developer; and b. The increase in fair market value of the Property resulting from construction of the Overlay Project will be at least equal to the amount of the special assessment levied against the Property and that such increase in fair market value is a special benefit to the Property. 6. The special assessment levied against the Property shall be payable over such period as the City may determine, but not less than three years, and shall bear interest at a rate determined by the City, but not more than 2 percent above the City’s cost of financing. The City’s cost of financing shall mean the average coupon rate if the City sells debt to finance the Overlay Project. If no debt is sold for the Overlay Project, the rate shall be set using the same formula based on special assessment bonds of Minnesota municipalities which have the same credit C-3 ME230-743-700398.v3 rating as that of the City and are issued and sold at approximately the same time as the adoption of the resolution levying the special assessment. The first installment of principal and interest shall be included in the first tax rolls completed after adoption of the resolution levying the special assessment. 7. The covenants, waivers and agreements contained in this Agreement shall bind the Developer and its successors and assigns and shall run with the Property. It is the intent of the parties hereto that this Agreement be in a form which is recordable among the land records of Hennepin County, Minnesota and the Developer and the City agree to make any changes in this Agreement which may be necessary to effect the recording and filing of this Agreement against the title of the Property. 8. Any notice required to be given under this Agreement shall be deemed given if delivered personally or sent by U.S. mail, postage prepaid, certified and return receipt requested: a) as to Developer: JD Dossier Holdings LLC 26175 Birch Bluff Road Excelsior, MN 55331 Attention: Jennifer A. Swanda 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 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. 9. If the Developer prepays in accordance with section 10, this Agreement shall terminate (a) upon the completion of the Overlay Project by the City and the issuance of any reimbursement that may be required under said section 10; or (b) five years from the date of this Agreement if at that time the City has not made a determination that the Overlay Project is necessary. If the Developer does not prepay, this Agreement shall terminate (a) upon the final payment of all special assessments levied against the Property for the Overlay Project if the City determines within five years from the date of this Agreement that the Overlay Project is necessary; or (b) five years from the date of this Agreement if at that time the City has not made a determination that the Overlay Project is necessary. Upon termination, if requested C-4 ME230-743-700398.v3 the City agrees to execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder. 10. The Developer, in its sole discretion, has the right to prepay to the City, without penalty, the amount identified in section 3 of this Agreement on or before the final plat of Holy Name Lake Estates is recorded, and said prepayment shall not negate or otherwise alter the waivers contained herein. In the event that the Developer chooses to prepay, the City shall place the funds into an account and only use said funds for the Overlay Project at the time that the City deems the project necessary within five years of the date of this Agreement. In the event that the Overlay Project is not determined necessary by the City within five years of the date of this Agreement, then the City shall promptly reimburse the Developer or its successors or assigns, as the case may be, for the entire amount without interest. In the event that the City deems the Overlay Project necessary within five years of the date of this Agreement and subsequently constructs the Overlay Project, and the total cost thereof does not equal the amount prepaid by the Developer, then the Developer or its successors or assigns, as the case may be, shall be entitled to reimbursement from the City of the difference between the total amount paid and the total cost of the project. Any reimbursement required under this section 10 shall be divided equally among the individual six lot owners in existence at the time such reimbursement becomes an obligation of the city. In the event of prepayment as authorized in this section 10, then within thirty (30) days of the execution of this Agreement and receipt of such prepayment, the city administrator shall execute and the City shall submit for recording against the Property a document which acknowledges said prepayment in the form attached hereto as Exhibit B. The recording of said document shall not be interpreted to terminate or otherwise alter any of the express terms and conditions contained herein, provided, however, that it will serve to provide notice that there will be no additional special assessments levied against the Property for the Overlay Project pursuant to this Agreement. 11. Nothing contained in this Agreement shall be deemed a waiver by the City of its right to make local improvements in accordance with Minn. Stat. Ch. 429 and assess the costs thereof against benefiting properties, including potentially the Property, subject to its adherence to all statutory requirements. Likewise, nothing contained in this Agreement shall be deemed a waiver by the Developer of any of the statutory rights afforded to it for special assessments levied against the Property that otherwise exceed the amount specified in paragraph 3 of this Agreement. ************************** C-5 ME230-743-700398.v3 IN WITNESS WHEREOF, the parties to this Petition and Waiver Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF MEDINA By: __________________________________ Kathleen Martin, Mayor By: __________________________________ Scott T. Johnson, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of __________, 2021, by Kathleen Martin 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 C-6 ME230-743-700398.v3 JD DOSSIER HOLDINGS LLC By: Jennifer A Swanda, Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) This instrument was acknowledged before me on ________________ 2021, by Jennifer A. Swanda, the chief manager of JD Dossier Holdings LLC, a Minnesota limited liability company, on behalf of the company. ____________________________________ 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-A-1 ME230-743-700398.v3 EXHIBIT A TO PETITION AND WAIVER AGREEMENT Legal Description The land to which this Petition and Waiver Agreement applies is legally described as follows: Lots 1 through 6, Block 1, Holy Name Lake Estates, Hennepin County, Minnesota. C-B-1 ME230-743-700398.v3 EXHIBIT B TO PETITION AND WAIVER AGREEMENT FORM OF ACKNOWLEDGMENT OF PREPAYMENT Pursuant to that certain Petition and Waiver Agreement, dated ________________, 2021 and recorded against the real property described as Lots 1 through 6, Block 1, Holy Name Lake Estates, Hennepin County, Minnesota. (the “Property”) in the Office of the Hennepin County Recorder on _____________, 2021 as Document No. ____________ (the “Agreement”), the city of Medina (the “City”) hereby acknowledges that the special assessments authorized pursuant to the Agreement have been prepaid in full, as expressly authorized in section 10 of the Agreement. By executing and recording this instrument, the City represents that no additional assessments will be levied against the Property pursuant to said Agreement for the Overlay Project, as that term is defined in the Agreement. The City’s execution and recordation of this instrument shall not terminate or otherwise alter any of the provisions contained in the Agreement and, accordingly, the Agreement’s term shall remain governed by the express language contained therein. Dated: _________________, 2021. CITY OF MEDINA By: __________________________________ City Administrator C-B-2 ME230-743-700398.v3 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of __________, 2021, by __________________, the city administrator 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 D-1 ME230-743-700398.v3 EXHIBIT D TO DEVELOPMENT AGREEMENT FORM OF STORMWATER MAINTENANCE AGREEMENT THIS AGREEMENT (the “Agreement”) is made and entered into as of the ____ day of _________, 2021, by and between the city of Medina, a Minnesota municipal corporation (the “City”) and JD Dossier Holdings LLC, a Minnesota limited liability company (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 (the “Easement Areas”); and WHEREAS, by a separate 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, but are not necessarily limited to, ponds, drainageways, and emergency overflows and all related facilities. The location of the Stormwater Improvements are shown 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 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 D-2 ME230-743-700398.v3 records annually to the City. The cost of all inspections and maintenance, including but not limited to skimming and cleaning of the Stormwater Improvements, shall be the obligation of the Developer and its successors or assigns as the fee owner of the Property, 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, engineering and legal and other reasonable costs and expenses incurred by the City. If the Developer or its successors or assigns fails to reimburse the City for its costs and expenses in maintaining the Stormwater Improvements within 30 days of receipt of an invoice for such costs, the City shall have the right to assess the full cost thereof against the Property. The Developer, on behalf of itself and its 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, 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 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. D-3 ME230-743-700398.v3 4. 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. 5. 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. 6. 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: JD Dossier Holdings LLC 26175 Birch Bluff Road Excelsior, MN 55331 Attention: Jennifer A. Swanda 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. 7. 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. 8. Effective Date. This Agreement shall be binding and effective as of the date first written above. D-4 ME230-743-700398.v3 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: __________________________________ Kathleen Martin, Mayor By: __________________________________ Scott T. Johnson, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of __________, 2021, by Kathleen Martin 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 D-5 ME230-743-700398.v3 JD DOSSIER HOLDINGS LLC By: Jennifer A Swanda, Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) This instrument was acknowledged before me on ________________ 2021, by Jennifer A. Swanda, the chief manager of JD Dossier Holdings LLC, a Minnesota limited liability company, on behalf of the company. ____________________________________ Notary Public This document drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 D-A-1 ME230-743-700398.v3 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 through 6, Block 1, Holy Name Lake Estates, Hennepin County, Minnesota. D-B-1 ME230-743-700398.v3 EXHIBIT B TO STORMWATER MAINTENANCE AGREEMENT Depiction of Location of Stormwater Improvements [to be inserted] D-C-1 ME230-743-700398.v3 EXHIBIT C TO STORMWATER MAINTENANCE AGREEMENT Inspection and Maintenance Schedule [to be inserted] ME230-743-700398.v3 E-1 EXHIBIT E TO DEVELOPMENT AGREEMENT FORM OF UPLAND BUFFER, PERVIOUS ENHANCEMENT, AND PRESERVATION AREA EASEMENT AGREEMENT This Upland Buffer, Pervious Enhancement, and Preservation Area Easement Agreement (the “Agreement”) is made this __ day of ____________, 2021 by and between the city of Medina, a Minnesota municipal corporation (the “City”), and JD Dossier Holdings LLC, a Minnesota limited liability company (the “Grantor”). RECITALS A. Grantor is the fee owner of property located in Hennepin County, Minnesota, legally described in Exhibit A attached hereto (the “Property”); and B. Grantor and the City have entered into a separate development agreement (the “Development Agreement”) regarding the development of the Property. C. The City has granted approval of the plat of Holy Name Lake Estates concerning the Property (the “City Approval”), under the terms of which the Grantor is required to (i) establish upland buffers adjacent to wetlands on portions of the Property consistent with City regulations, the location of which is legally described in Exhibit B attached hereto and depicted on Exhibit C attached hereto, and (ii) establish pervious enhancement and preservation areas on portions of the Property consistent with City regulations, the location of which is legally described in Exhibit D attached hereto and depicted on Exhibit E attached hereto. Those areas described and depicted on Exhibits C through E shall be collectively referred to herein as the “Easement Area”. D. In accordance with the Development Agreement, the City Approval and the City’s ordinances, the City has requested that Grantor grant to the City a conservation easement (the “Easement”) over the Easement Area. E. Grantor is willing to grant the Easement and to fulfill the other terms of this Agreement. PROVISIONS In consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Grantor hereby grants and conveys to the City and its successors and assigns, an 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. ME230-743-700398.v3 E-2 2. The following terms and conditions shall apply to the Easement Area: a. The Easement Area shall be planted with native grasses and other vegetation consistent with the Plans, as that term is defined in the Development Agreement, and thereafter be preserved predominantly in its natural condition, except to the extent set forth below. No use shall be made of the Easement Area except uses, if any, which would not change or alter the condition of the Easement Area or its drainage, water conservation, erosion control, soil conservation, or fish and wildlife habitat and characteristics. b. No structures, hardcover or other improvements shall be constructed, erected, or placed upon, above, or beneath the Easement Area, with the exception of a boardwalk or dock not to exceed four feet in width to allow reasonable access to and across 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 city code. A path no more than four feet in width may be mowed to allow reasonable access to the wetland. d. No earth, peat, gravel or soil, sand or any other natural material or substance shall be moved or removed from the Easement Area and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Easement Area without the prior written consent of the City. e. No soil, sand, gravel or other substance or material as landfill shall be placed, dumped or stored upon the Easement Area, and no waste, trash, yard waste, manure or other materials shall be placed, dumped or stored upon the Easement Area without the prior written consent of the City. 3. Grantor represents that Grantor owns the Easement Area in fee simple, subject only to the encumbrances of record. 4. The Grantor conveys to the City and its successors and assigns, the following rights: a. The City may enter upon the Easement Area for the purposes of inspection and enforcement of the covenants contained herein and to cause to be removed from the Easement Area without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of the Easement Area. If there is a violation of the covenants contained herein, the City shall provide notice and an order for corrective action consistent with City regulations. If the Grantor does not take the required corrective action, the City may enter the Property in order to perform the action. In such case, the City shall send an invoice of its reasonable maintenance costs to the Grantor, which shall include all reasonable staff time, engineering and legal and other reasonable costs and expenses incurred by the City. If the Grantor fails to reimburse the City for its ME230-743-700398.v3 E-3 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 exceeds the assessment and hereby waives any right to hearing or notice and the right to appeal the assessments otherwise provided by Minnesota Statutes, Chapter 429. b. The City may bring an action in any court of competent jurisdiction against the Grantor to enforce the terms of this Agreement; to require restoration of the Easement Area to its planted or more natural condition; to enjoin such non- compliance by temporary or permanent injunction and to recover any damages arising from such non-compliance. If a court determines that the Grantor has failed to comply with this Agreement, Grantor or Grantor’s successors or assigns shall reimburse the City for any reasonable costs of enforcement, including costs of restoration, court costs and reasonable attorneys’ fees, in addition to any other payments ordered by the court. 5. Grantor hereby grants and conveys to the City a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Easement Area. 6. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to ownership, operation and maintenance of the Property and the Easement Area. 7. Grantor agrees to indemnify, defend and hold harmless the City, its officials, employees and agents, against any and all loss, costs, damage and expense, including reasonable attorneys’ fees and costs that the City incurs because of the breach of any of the above covenants and/or resulting from or due to Grantor’s intentional misrepresentation of any material fact contained therein. The Grantor and the City agree that each shall be responsible for their own acts and the results of such acts and shall not be responsible for the act of the other party and the results of such acts. 8. This Agreement may be amended only by mutual written agreement of the parties. 9. Nothing herein shall give the general public a right of access to the Property. 10. Grantor’s obligations under this Agreement run with the Property and shall be binding on the Developer’s successors and assigns. Grantor’s personal 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 the Grantor’s interest. 11. Any notice required in this Agreement shall be delivered personally or sent by U.S. certified mail, return receipt requested: ME230-743-700398.v3 E-4 a) as to Developer: JD Dossier Holdings LLC 26175 Birch Bluff Road Excelsior, MN 55331 Attention: Jennifer A. Swanda 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. ************************ ME230-743-700398.v3 E-5 IN WITNESS WHEREOF, the parties to this Upland Buffer, Pervious Enhancement, and Preservation Area Easement Agreement have caused these presents to be executed as of the day and year aforesaid. JD DOSSIER HOLDINGS LLC By: Jennifer A Swanda, Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) This instrument was acknowledged before me on ________________ 2021, by Jennifer A. Swanda, the chief manager of JD Dossier Holdings LLC, a Minnesota limited liability company, on behalf of the company. ____________________________________ Notary Public ME230-743-700398.v3 E-6 CITY OF MEDINA By: __________________________________ Kathleen Martin, Mayor By: __________________________________ Scott T. Johnson, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of __________, 2021, by Kathleen Martin 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: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 ME230-743-700398.v3 E-A-1 EXHIBIT A TO UPLAND BUFFER, PERVIOUS ENHANCEMENT, AND PRESERVATION AREA EASEMENT AGREEMENT Legal Description of the Property The land to which this Agreement applies is legally described as follows: Lots 1 through 6, Block 1, Holy Name Lake Estates, Hennepin County, Minnesota. ME230-743-700398.v3 E-B-1 EXHIBIT B TO UPLAND BUFFER, PERVIOUS ENHANCEMENT, AND PRESERVATION AREA EASEMENT AGREEMENT Legal Description of the Wetland Buffers [to be inserted] E-C-1 ME230-743-700398.v3 EXHIBIT C TO UPLAND BUFFER, PERVIOUS ENHANCEMENT, AND PRESERVATION AREA EASEMENT AGREEMENT Depiction of the Wetland Buffers [to be inserted] ME230-743-700398.v3 E-D-1 EXHIBIT D TO UPLAND BUFFER, PERVIOUS ENHANCEMENT, AND PRESERVATION AREA EASEMENT AGREEMENT Legal Description of the Pervious Enhancement and Preservations Areas [to be inserted] ME230-743-700398.v3 E-E-1 EXHIBIT E TO UPLAND BUFFER, PERVIOUS ENHANCEMENT, AND PRESERVATION AREA EASEMENT AGREEMENT Depiction of the Pervious Enhancement and Preservation Areas [to be inserted] F-1 ME230-743-700398.v3 EXHIBIT F TO DEVELOPMENT AGREEMENT Subdivision Improvement Cost Estimate F-2 ME230-743-700398.v3 F-3 ME230-743-700398.v3 F-4 ME230-743-700398.v3 G-1 ME230-743-700398.v3 EXHIBIT G TO DEVELOPMENT AGREEMENT FORM OF TRAIL EASEMENT TRAIL EASEMENT THIS INSTRUMENT is made by JD Dossier Holdings LLC, a Minnesota limited liability company, 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 public 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. The easement granted herein also includes the right to cut, trim, or remove from the easement areas trees, shrubs, or other vegetation as in the Grantee’s judgment unreasonably interfere with the easement or facilities of the Grantee, its successors or assigns. 3. Warranty of Title. The Grantor warrants it is the owner of the Property and has the right, title and capacity to convey to the Grantee the easement herein. 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its heirs and assigns. G-2 ME230-743-700398.v3 STATE DEED TAX DUE HEREON: NONE Dated this _____ day of ______________, 2021. JD DOSSIER HOLDINGS LLC By: Jennifer A Swanda, Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) This instrument was acknowledged before me on ________________ 2021, by Jennifer A. Swanda, the chief manager of JD Dossier Holdings LLC, a Minnesota limited liability company, on behalf of the company. ____________________________________ Notary Public THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 ME230-743-700398.v3 G-A-1 EXHIBIT A TO TRAIL EASEMENT Legal Description of the Property Lots 1 and 2, Block 1, Holy Name Lake Estates, Hennepin County, Minnesota. ME230-743-700398.v3 G-B-1 EXHIBIT B TO TRAIL EASEMENT Legal Description of Easement [to be included] ME230-743-700398.v3 G-C-1 EXHIBIT C TO TRAIL EASEMENT Depiction of Easement CITY OF MEDINA ORDINANCE NO. ___ AN ORDINANCE ESTABLISHING THE HOLY NAME LAKE ESTATES 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 within the Holy Name Lake Estates development (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 Holy Name Lake Estates 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 Holy Name Lake Estates in Hennepin County. Adopted by the City Council of the City of Medina this 16th day of March, 2021 Kathleen Martin, Mayor Attest: _____________________________________ Jodi M. Gallup, City Clerk Published in the Crow River News on this ____ day of March, 2021. Ordinance No. XXX March 16, 2021 3 EXHIBIT A Legal Description of property contained within boundaries of Holy Name Lake Estates Storm Sewer Improvement Tax District Lots 1 through 6, Block 1, Holy Name Lake Estates, Hennepin County, Minnesota Ordinance No. XXX March 16, 2021 4 EXHIBIT B Map of Holy Name Lake Estates Storm Sewer Improvement Tax District Resolution No. 2021-## DATE Member ________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2021-## 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 Holy Name Lake Estates Storm Sewer Improvement Tax District; and WHEREAS, Minnesota Statues § 412.191, subdivision 4 allows publications 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 Holy Name Lake Estates Storm Sewer Improvement Tax District. The tax district applies to the property within the Holy Name Lake Estates residential development and would allow the City to acquire, construct, reconstruct, extend, maintain and otherwise improve storm sewer systems and related facilities related to the District and to levy a tax on all taxable property within the District to finance such activities. The full text of the ordinance is available from the city clerk at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the City of Medina that the city clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Resolution No. 2021-## 2 DATE Dated: . ______________________________ Kathleen Martin, Mayor ATTEST: _________________________________ Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ________ 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. K:\017538-000\Admin\Docs\2021-02-23 Submittal\_2021-03-10 Holy Name Estates Final Plat - WSB Comments.docx 7 0 1 X E N I A A V E N U E S | S U I T E 3 0 0 | M I N N E A P O L I S , M N | 5 5 4 1 6 | 7 6 3 . 5 4 1 . 4 8 0 0 | W S B E N G . C O M March 10, 2021 Mr. Dusty Finke Planning Director City of Medina 2052 County Road 24 Medina, MN 55340-9790 Re: Holy Name Lake Estates Final Plat & Construction Plans Submittal – Engineering Review City Project No. LR-21-288; WSB Project No. 017538-000 Dear Mr. Finke: We have reviewed the Holy Name Lake Estates Preliminary Plat submittal and plans dated February 23, 2021. The applicant proposes to subdivide the property into 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. General/Final Plat (Plat, Sheets 1-3) 1. Provide a soil boring and geotechnical report for street design. Complete, the applicant has acknowledged the risks associated with not obtaining soil borings (and conducting a geotechnical design) for the roadway areas, including the potential for additional construction observation and/or change orders if poor soils are present and require excavation/replacement. Poor soils and underlying wet conditions are prevalent in the City of Medina. Provide a minimum of a 12” sand section with the new street design or provide a geotechnical analysis showing that a sand section is not needed with the conditions present. Complete, the applicant did not address this comment with the plans but did state they will provide a geotechnical engineer during construction to provide a recommendation for subgrade corrections at that time; changes to the project (subgrade corrections) during construction may require a change order. 2. Show location of future regional trail easement/connection through the property up to the northerly property boundary. Complete, but in some locations the trail easement width and/or location is not consistent between the three documents provided (Final Plat, Trail Easement Document, and Construction Plans), please correct. Complete. 3. The City will require a mill/overlay of the existing/remaining Pinto Drive up to CR 24. Complete, the City has agreed to a cost share for a mill/overlay of the existing portion of the roadway; the City will coordinate the completion of this portion of the roadway. 4. Provide a minimum of a 5’ drainage and utility easement adjacent to the 25’ trail easement. Complete. 5. In general, minimize / smooth out the grading within the trail easement areas adjacent to the roadway in consideration of future trail improvements. Complete. 6. Consider ordering the grading and street sheets in a different manner so that the stationing/match points are more consistent between the sheets. Complete. Holy Name Lake Estates Final Plat & Construction Plan Submittal – Engineering Review March 10, 2021 Page 2 K:\017538-000\Admin\Docs\2021-02-23 Submittal\_2021-03-10 Holy Name Estates Final Plat - WSB Comments.docx 7. Provide drainage and utility easement over ditches and discharges between wetlands in order to maintain regional drainage through the wetland complexes. Easement of at least 20-feet over drainage areas is necessary for future access and maintenance of these areas. See enclosed mark-ups for the easement areas. Grading Plans (Sheets 4-6) 8. Number stormwater ponding locations and filtration basins on both the grading plans and street/storm sewer plans. Complete. 9. With final plat/construction plans, show existing/proposed driveway grades at the existing driveways that are being modified with the proposed project. Complete. 10. See specific comments on the enclosed plan sheets. Street & Storm Sewer Plans (Sheets 7-9) 11. The horizontal curve radius where the new road connects with the old Pinto Drive does not meet a 30 MPH design speed. If a 30 MPH curve cannot be achieved (must meet at least 20 MPH), provide the appropriate warning signs (speed reduction, arrows, etc.) in accordance with the MMUTCD. All of the curves meet a 30 MPH horizontal/vertical design with the exception of the horizontal/vertical curve where the new Pinto Drive connects with the old (Station 0+00 to 2+50); This horizontal/vertical curve does meet a 20 MPH design. At this location review the sag vertical curve and determine if a 30 MPH design can be met. Complete, applicant stated a 30 MPH curve cannot be met, but does meet a 25 MPH design. Speed/directional warning signs have been added to the curve approach on each end. Add the appropriate “chevron” signs (W1-8L & W1-8R). Complete, the applicant did not add chevron signs but did add large left/right pointing arrow signs. Add 30 MPH signs eastbound and southbound after the curve. If there is not an existing 30 MPH sign northbound near CR 24, one will be needed there. 12. Consider use of catch basins instead of FES on upstream culvert locations in order to maintain adequate cover over the pipe at road crossings. In-complete, there appear to be locations where the cover of the culvert pipes will be less than 18” of cover. In lieu of catch basins, consider lowering the pipe to achieve the 18” cover depth. Complete. 13. Note existing culvert invert elevations on plans. Confirm that existing culverts do not need to be extended with the widening of existing Pinto Drive. Complete. 14. Driveway culverts are required as necessary. Complete. 15. Culverts under public roadways shall be reinforced concrete pipe or ADS HP Storm Sewer (Polypropylene Pipe). Complete. 16. The crest vertical curve at station 5+00 does not meet 30 MPH design criteria, lengthen the curve. Complete. 17. A number of the sag vertical curves do not meet 30 MPH design criteria, lengthen the curves. Complete. 18. Add a profile to Sheet 9. Complete. 19. There are a number of different types of storm sewer/culvert pipe material being proposed for the project, RCP, CMP, HP PP, etc. The City will allow the use of HP PP for Holy Name Lake Estates Final Plat & Construction Plan Submittal – Engineering Review March 10, 2021 Page 3 K:\017538-000\Admin\Docs\2021-02-23 Submittal\_2021-03-10 Holy Name Estates Final Plat - WSB Comments.docx all of the storm sewer piping and culverts on the project and recommend being consistent with the pipe materials being proposed. Complete. 20. An FES/outfalls will be needed at each culvert and draintile location to protect the pipe, note on plan. Not Complete, there are still some culverts that do not have reinforced outfalls. Complete. 21. There are several swale grades that meet the City’s 2.0% minimum swale grade, please review and adjust. Complete 22. Add all structure notes, inverts, and FES inverts to grading plan. Complete, applicant has indicated that this information is on the detailed areas for each basin that the grading plan does not have space. 23. The proposed connection point to the existing Pinto Drive at the south end does not match the edges (appears to be shifted to the south); The pavement edges need to line up. Add a note describing that the base course of bituminous should match the existing pavement elevation at the tie-in point; the wear course for both the development and overlay portion to the south need to match. Complete. 24. See specific comments on the enclosed plan sheets. Complete. Erosion Control/SWPPP (Sheets 10-13) 25. Provide confirmation of MCWD permit, NPDES permit and wetland permit coverage prior to the start of construction. Applicant noted this item on their response from 2/23/21; permitting is pending. 26. A detailed review of the final erosion/sediment control and SWPPP has been completed: a. On sheet 4 of the construction plans, there is an area on the west end of Pinto Drive (Sta. 7+00) where they denote a wetland fill area. Please turn on wetland linework so these wetlands are easily identifiable on the plans. Also, if a 50’ natural buffer cannot be maintained, 2 rows of perimeter sediment controls are required; no perimeter controls are shown in this area currently. Complete. b. On sheet 5 of the construction plans, there is an area on the west end of Pinto Drive (Sta. 19+50) where they denote a wetland fill area. Please turn on wetland linework so these wetlands are easily identifiable on the plans. Also, if a 50’ natural buffer cannot be maintained, 2 rows of perimeter sediment controls are required; 1 row of silt fence is shown in this location, potentially with a 2nd row (the symbol is not labeled in the legend—a thick dashed line). Complete. c. On sheet 6 of the construction plans, see previous comment regarding the missing symbol in the legend. Complete. d. On sheet 10 of the construction plans, in the “Responsible Parties” section of the SWPPP, there is a reference to the old NPDES CSW permit (Part III.F). Please revise to match the current permit. Part III.F is also referenced in the “Training Requirements” section—please revise. Complete. e. On sheet 10 of the construction plans, in the “Responsible Parties” section of the SWPPP, please identify the responsible party for long term O&M of permanent stormwater management systems. Applicant revised this section of the SWPPP to list the City of Medina as the responsible party for long term O&M. Please revise, long term O&M will be the responsibility of the HOA. f. On sheet 10 of the construction plans, the “Project Area” section indicates that the project size is 10 acres and that a receiving water (Holy Name Lake) is impaired. Are there any areas where 5+ acres of exposed soils draining to a common location, triggering the NPDES CSW 23.10 requirement for a temp Holy Name Lake Estates Final Plat & Construction Plan Submittal – Engineering Review March 10, 2021 Page 4 K:\017538-000\Admin\Docs\2021-02-23 Submittal\_2021-03-10 Holy Name Estates Final Plat - WSB Comments.docx sediment basin? Complete. Applicant indicated that there are no areas where 5+ acres of disturbance will be draining to a common location. 23.10 is not applicable as a result. g. On sheet 10 of the construction plans, in the “Erosion Prevention” section, seed mix 25-111 is listed as the temp seed mix to be used. This is not a seed mix, 22- 111 is—please revise accordingly. Complete. h. On sheet 10 of the construction plans, in the “Erosion Prevention” section, seed mix 25-141 is listed as the permanent seed mix to be used. Overall, this is a good option, however, additional mixes are shown in the estimated quantities and on the SWPPP West and East plan sheets. Please add these in this section as well for consistency. Complete. i. On sheet 10 of the construction plans, in the “Erosion Prevention” section, what type/quantity of fertilizer will be used with 25-141? Complete. j. On sheet 10 of the construction plans, in the “Sediment Control Practices” section, where dewatering is referenced, the City will want to review dewatering plans before any pumping/dewatering takes place. Please make note of this. Complete. k. What type/quantity of fertilizer will be used with seed mix 33-262? Complete, the applicant indicated that the MCWD doesn’t allow applications of fertilizers on buffer and stormwater areas. l. Please ensure that pipe outlets (downstream ends) have adequate energy dissipation. Complete. m. On sheets 11-13 of the construction plans, please ensure all symbols are shown in the legend (IE bioroll, rock exits, TRM mats, etc.). Missing the symbol for stabilized exits in the legend. All other items have been included in the legend. n. On sheets 11-12 of the construction plans, in note two, seed mix 35-241 is referenced along with type 1 mulch. Type 1 mulch should not be used with native mixes—please revise. Further, what type/quantity of fertilizer will be used with 35-241? Complete, the applicant indicated that the MCWD doesn’t allow applications of fertilizers on buffer and stormwater areas. o. In the SWPPP narrative, please include information pertaining to SWPPP amendments (processes, timelines, etc.). Complete. p. Please denote locations for staging areas, stockpile areas, potential pollutant generating activity areas (IE fueling locations, chemical storage, etc.) and/or add a note that these areas are to be identified by the contractor via a SWPPP amendment. Complete. q. In the SWPPP narrative, please indicate what types of permanent stormwater management BMPs will be used. Complete. r. In the SWPPP, please include a map that shows soil types and/or reference the SWMP which has this information in it. Complete. s. Please include the timeframe for removing deposited sediment from surface waters (7 day requirement—part 11.5) in the SWPPP narrative. Complete. Stormwater Details (Sheets 14-16) 27. Provide typical sections for various ponding areas, filtration areas, and enhanced pervious areas. Draintile within filtration areas should be rigid perforated PVC. Please provide detail on the enhanced pervious areas. The applicant’s response identifies the Planting, Maintenance and Monitoring Plan, please provide this plan. 28. Add specific details for the outlet control structures for each location proposed. Complete. 29. Note cleanout locations within proposed ponding/filtration areas. Upstream cleanouts should be extended and located at the edge of the pond. Complete. Holy Name Lake Estates Final Plat & Construction Plan Submittal – Engineering Review March 10, 2021 Page 5 K:\017538-000\Admin\Docs\2021-02-23 Submittal\_2021-03-10 Holy Name Estates Final Plat - WSB Comments.docx 30. Clarify the purpose of the 40-feet of draintile shown in the stormwater pond for Filtration Basin #1 detail on sheet 14. Complete. 31. Clearly label maintenance access routes to the stormwater BMPs. Easement must be no narrower than 20 feet and a longitudinal slope no more than 6:1. Extend access route to Stormwater Pond adjacent to Filtration Basin #1. Identify access to Filtration Basin #5. Identify Access to Stormwater Basin/Enhanced area on Lot 3. 32. See specific comments on the enclosed plan sheets. Complete. Standard Details (Sheets 17-18) 33. Include the City’s standard detail for the sign/post marker and note location on plan for sign (GEN-01). Complete. 34. Include detail for standards signage (GEN-04). Complete. 35. Include pipe bedding detail for various pipe types (BED-03 for RCP, use manufacturer details for specific plastic pipe types). Complete. 36. Include detail for FES/Outfall for various culvert/draintile pipe installations (STO-08 and STO-09 for RCP, use manufacturer details for FES used on plastic pipes). Complete. 37. The plan notes several locations where permanent turf reinforcement mat is proposed, provide manufactures detail for this installation on the plans. The detail and/or notes also need to indicate what cover/turf establishment is proposed at these locations (seed, sod, etc). Complete. Stormwater Management & Modelling 38. The proposed development shall capture and retain 1.1” of runoff from new impervious. The narrative indicates 1”. Complete. 39. Is the future trail included in the site’s overall impervious amounts? Complete, the developer has indicated that the future trail impervious amounts are not included in the calculations. 40. For the stormwater pond/filtration pond combination at P2c, clarify the intent of the western outlet pipe from the outlet control structure at elevation 996. At this elevation the filtration pond would backflow and discharge. Therefore, the WQV of that filtration basin would be from 995.5 to 996. Complete. 41. Provide a figure that clearly identifies the areas claiming enhancements to pervious areas and tree preservation areas. Complete. 42. Review City of Medina Stormwater Design Manual for volume control credit specifics and summarize how volume abstraction calculations apply to Medina requirements. Space dedicated to meet volume control credit must not include required wetland buffer areas. Complete a. City of Medina allows a 0.75 in credit over an area that is undisturbed and preserved. Area must be placed in a permanent conservation easement and a long-term vegetation management plan shall be recorded. Applicant stated this is in progress. b. City of Medina allows for 0.5 inches credit for increasing buffer areas around streams, steep slopes, and wetlands in excess of requirements. 43. Provide sizing calculations for roadway culverts. Complete. Holy Name Lake Estates Final Plat & Construction Plan Submittal – Engineering Review March 10, 2021 Page 6 K:\017538-000\Admin\Docs\2021-02-23 Submittal\_2021-03-10 Holy Name Estates Final Plat - WSB Comments.docx 44. Provide HWL elevations at roadway culvert locations. Drainage easements shall encompass the area to the calculated one foot above the 100-yr HWL. Complete. 45. At least 2 feet of vertical separation is required from an area’s EOF to the lowest opening of a structure. On the grading plan, please provide the lowest buildable opening elevation for each lot as a guide for future builders. If all of the elevation information is known, please add to the plan in the same manner as Lot 3. Complete 46. Please clarify with notes on plan sheets for each filtration basin the depth used to calculate the water quality volume. Provide the HydroCAD stage storage information for the basins. Complete. 47. According to FEMA flood panel 27053C0168F there is Zone A floodplain on these parcels. MCWD District Engineer, has determine the 100-yr Atlas-14 flood elevation for Holy Name Lake to be 997.05’ (NGVD 29 datum). Please indicate the floodplain limits on the grading. If there are impacts to the floodplain, quantify the volume of impact and provide a 1:1 compensatory storage amount for any filling in the floodplain. Complete, Applicant is showing 67 cy of floodplain fill which is offset by 200 cy of mitigation area. 48. Bounce of water level within the wetlands shall be maintained according to the following: Wetland MCWD Manage Class City of Medina Manage Class Additional Protection Requirement for Bounce (City of Medina Requirement) 1 (Holy Name) Preserve Preserve Maintain bounce at or below existing condition 2 Not Classified Not Classified 3 Manage 1 Manage 1 Maintain bounce at or below existing condition plus 0.5 feet 3A Manage 1 Manage 1 Maintain bounce at or below existing condition plus 0.5 feet 4 Manage 2 Manage 2 Maintain bounce at or below existing condition plus 1 feet 4A Manage 2 Manage 2 Maintain bounce at or below existing condition plus 1 feet Provide a table based on modeling or calculations to summarize the existing and proposed wetland elevations in order to verify that the bounce falls within the requirements indicated above. The table provided that was included in the MCWD submittal identifies all the wetlands as Manage 2. Since a formal request has not been received to change any of the manage classifications, identifying as manage 2 is incorrect, see the revised table above. Please update and revise table. Please use numbering nomenclature consistent with above to summarize bounce. If the bounce is not met please provide the following information to help identify the developments impacts to the wetland: 1. Bounce difference during the 1 and 2 year storm events. Holy Name Lake Estates Final Plat & Construction Plan Submittal – Engineering Review March 10, 2021 Page 7 K:\017538-000\Admin\Docs\2021-02-23 Submittal\_2021-03-10 Holy Name Estates Final Plat - WSB Comments.docx 2. Bounce duration difference in the 1 and 2 year storm events. 3. Examine the runoff rate and volume at the discharge points from the site to the wetland in the existing and proposed condition to determine if the development is using the wetlands to control runoff rates from the site. Wetlands 49. The project will impact 3,343 square feet of wetland. A replacement plan has been reviewed and approved by the City as LGU for the Wetland Conservation Act. Proof of credit withdrawal is required prior to commencing wetland impacts. 50. If the project impacts increase by more than 334 square feet, an amended replacement plan application must be submitted. 51. Wetlands 4 and 4a are classified as Preserve Wetlands by the City of Medina. The City reviewed the classifications associated with these wetlands and determined that a Manage 2 classification is reasonable. The proposed buffers meet the City’s ordinance requirements for the adjusted management classification. The City, or agents of the City, are not responsible for errors and omissions on the submitted plans. The owner, developer, and engineer of record are fully responsible for changes or modifications required during construction to meet the City’s standards. We would be happy to discuss this review in more detail. Please contact me at 763-287-8532 if you have any questions or if you would like to set up a time to meet. Sincerely, WSB Jim Stremel, P.E. City Engineer 1 2 3 4 56 BLOC K 1 POND POND P I N T O DRIVE xxxx xx xx x x x x x x xx x xxxx x xx x xxx xx xx xxxxxxxxxx x xx xx x x x xx x x x x HOLY NAME LAKE (RD LAKE) SHEET NO. OF SHEETS REV. NO. DATE BY DESCRIPTION DESIGNED DRAWN CHECKED DATE: PROJECT NO: Engineers & Land Surveyors, Inc. SSOCIATES 9 West Division StreetBuffalo, MN 55313 (763)682-4727 Fax: (763)682-3522 www.ottoassociates.com 192 1-5-21 20-0385TREE PRESERVATION PLAN N Feet 0 100 200 I hereby certify that this survey, plan, or report was prepared by my or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. __________________________________________________ Paul E. Otto License #40062 Date:_________________________ X JD DOSSIER HOLDINGS, LLC MEDINA, MN HOLY NAME LAKE ESTATES 1 2 3 4 56 BLOC K 1 POND POND P I N T O DRIVE HOLY NAME LAKE (RD LAKE) SHEET NO. OF SHEETS REV. NO. DATE BY DESCRIPTION DESIGNED DRAWN CHECKED DATE: PROJECT NO: Engineers & Land Surveyors, Inc. SSOCIATES 9 West Division StreetBuffalo, MN 55313 (763)682-4727 Fax: (763)682-3522 www.ottoassociates.com 193 1-5-21 20-0385PERVIOUS ENHANCEMENT & WETLAND BUFFER PLAN N Feet 0 100 200 I hereby certify that this survey, plan, or report was prepared by my or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. __________________________________________________ Paul E. Otto License #40062 Date:_________________________ JD DOSSIER HOLDINGS, LLC MEDINA, MN HOLY NAME LAKE ESTATES 1 6 B L O C K 1 PO N D P I N T O DRIVE PIN T O SHEET NO. OF SHEETS REV. NO. DATE BY DESCRIPTION DESIGNED DRAWN CHECKED DATE: PROJECT NO: Engineers & Land Surveyors, Inc. SSOCIATES 9 West Division StreetBuffalo, MN 55313 (763)682-4727 Fax: (763)682-3522 www.ottoassociates.com 194 1-5-21 20-0385GRADING PLAN (WEST) N Feet 0 60 120 I hereby certify that this survey, plan, or report was prepared by my or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. __________________________________________________ Paul E. Otto License #40062 Date:_________________________ JD DOSSIER HOLDINGS, LLC MEDINA, MN HOLY NAME LAKE ESTATES 2 5 6 B L O C K 1 PO N D PIN T O D R I V E SHEET NO. OF SHEETS REV. NO. DATE BY DESCRIPTION DESIGNED DRAWN CHECKED DATE: PROJECT NO: Engineers & Land Surveyors, Inc. SSOCIATES 9 West Division StreetBuffalo, MN 55313 (763)682-4727 Fax: (763)682-3522 www.ottoassociates.com 195 1-5-21 20-0385GRADING PLAN (CENTRAL) N Feet 0 60 120 I hereby certify that this survey, plan, or report was prepared by my or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. __________________________________________________ Paul E. Otto License #40062 Date:_________________________ JD DOSSIER HOLDINGS, LLC MEDINA, MN HOLY NAME LAKE ESTATES 3 4 5 H O L Y N A M E L A K E SHEET NO. OF SHEETS REV. NO. DATE BY DESCRIPTION DESIGNED DRAWN CHECKED DATE: PROJECT NO: Engineers & Land Surveyors, Inc. SSOCIATES 9 West Division StreetBuffalo, MN 55313 (763)682-4727 Fax: (763)682-3522 www.ottoassociates.com 196 1-5-21 20-0385GRADING PLAN (EAST) N I hereby certify that this survey, plan, or report was prepared by my or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. __________________________________________________ Paul E. Otto License #40062 Date:_________________________ Feet 0 60 120 JD DOSSIER HOLDINGS, LLC MEDINA, MN HOLY NAME LAKE ESTATES PINTO DRIVE (STA 0+00 TO STA 13+00) PON D PINT O DRIV E SHEET NO. OF SHEETS REV. NO. DATE BY DESCRIPTION DESIGNED DRAWN CHECKED DATE: PROJECT NO: Engineers & Land Surveyors, Inc. SSOCIATES 9 West Division StreetBuffalo, MN 55313 (763)682-4727 Fax: (763)682-3522 www.ottoassociates.com 198 1-5-21 20-0385 STREET & STORM SEWER PLAN PINTO DRIVE (STA 0+00 TO STA 13+00) N Feet 0 50 100 SEE S H E E T 7 I hereby certify that this survey, plan, or report was prepared by my or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. __________________________________________________ Paul E. Otto License #40062 Date:_________________________ JD DOSSIER HOLDINGS, LLC MEDINA, MN HOLY NAME LAKE ESTATES PINTO DRIVE (STA 13+00 TO STA 26+00) 2 5 BLOC K 1 PINTO DRIV E SHEET NO. OF SHEETS REV. NO. DATE BY DESCRIPTION DESIGNED DRAWN CHECKED DATE: PROJECT NO: Engineers & Land Surveyors, Inc. SSOCIATES 9 West Division StreetBuffalo, MN 55313 (763)682-4727 Fax: (763)682-3522 www.ottoassociates.com 199 STREET & STORM SEWER PLAN PINTO DRIVE (STA 13+00 TO STA 26+00) N Feet 0 50 100 1-5-21 20-0385 I hereby certify that this survey, plan, or report was prepared by my or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. __________________________________________________ Paul E. Otto License #40062 Date:_________________________ JD DOSSIER HOLDINGS, LLC MEDINA, MN HOLY NAME LAKE ESTATES Lennar – Meadowview Commons 2nd Addn Page 1 of 5 March 16, 2021 Final Plat City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: March 11, 2021 MEETING: March 16, 2021 City Council SUBJ: US Home Corp. (Lennar) – Meadowview Commons 2nd Add Final Plat N of Hwy 55 – S of Meander Rd., W of CR116 Background On September 15, 2020, the City granted preliminary plat approval to US Home Corporation (Lennar) for Meadowview Commons. The plat proposed 125 townhome units and an outlot for future commercial development. On November 17, 2020, the City granted final approval of the 1st phase of the Meadowview Commons plat, which included 42 townhomes lots, an outlot for the future commercial development to the south, an outlot for the future phase of the townhome project, an outlot for the private street within the development, and a series of outlots within the common areas of the development. The applicant has now requested final approval of the Meadowview Commons 2nd Addition plat, which would include the remaining townhome lots, an outlot for the private streets, and a series of outlots containing other common areas. Final Plat Analysis Consistency with the City’s Comprehensive Plan, 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. Consistency with Preliminary Plat It appears that the proposed plat is consistent with the approved preliminary plat and the lot configuration of the proposed plat is the same. Preliminary Plat Conditions Following is a list of conditions which were required upon preliminary approval. Staff has summarized how each has or will be addressed in italics. 1) Approval of the plat shall be contingent upon rezoning approval of the residential portion of the site to the R3 zoning district. The City Council adopted Ordinance 661 on September 15, 2020, which rezoned the property to R3. Agenda Item #9B Lennar – Meadowview Commons 2nd Addn Page 2 of 5 March 16, 2021 Final Plat City Council Meeting 2) Preliminary plat approval is conditioned upon approval of a wetland replacement plan for proposed wetland impacts. The City Council approved the wetland replacement plat at the September 15, 2020 meeting. The Applicant finalized purchase of wetland credits prior to construction of Phase 1. 3) The Applicant shall enter into a development agreement with the City, which shall include the conditions described below as well as other requirements by City ordinance or policy. A draft development agreement is attached for City Council review and approval. Staff recommends execution of the agreement as a condition of final plat approval. 4) The Applicant shall install all improvements shown on the plans dated 6/22/2020 except as may be modified herein. Final plans shall be provided at the time of final plat and shall address the comments of the City Engineer, Fire Marshal, Elm Creek Watershed, other relevant staff and agencies and the conditions noted herein. Plans shall be subject to review and approval by the City Engineer. The applicant has submitted plans. The City Engineer has provided comments, and staff recommends that a condition be included with final plat approval to address the comments. 5) The Applicant shall update plans to include construction of Tamarack Drive adjacent to the residential development as part of the public improvements, including stormwater management for such improvements. If the City is not able to obtain right-of-way from the property owner to the west for such construction, the Applicant shall construct a second access on the west of the site which shall, to the extent practical, be constructed to be best utilized as a portion of the permanent improvement, shall size stormwater improvements to accommodate the full roadway width. The property owner to the west did not provide right-of-way, so the Plans include construction of the eastern 20 feet of Tamarack Drive. Staff requested a temporary construction easement to provide as much width as possible and the property owner to the west also declined. The applicant has shifted the trail east into their site to provide more space to complete grading without impacting the neighboring property and to provide the 20 foot width. The width of the roadway will be a few feet larger than was contemplated by the Tamarack Drive design, but this could be addressed through striping in the future. Staff believes the proposed road surface should be able to be re-used as part of the ultimate roadway. The applicant has provided capacity within the stormwater improvements within the development for the full-width of the northern 500 feet of Tamarack Drive, including the portions yet to be constructed. Staff recommends a condition that the applicant provide a 5-foot trail easement along the west of the project to accommodate the shifting of the trail to the east. 6) The plat shall provide the necessary right-of-way and easements for construction of Tamarack Drive from Meander Road to Highway 55 as recommended by the City Engineer The right-of-way was provided on the 1st Addition plat as recommended by the City Engineer pursuant to the Tamarack Drive study. Lennar – Meadowview Commons 2nd Addn Page 3 of 5 March 16, 2021 Final Plat City Council Meeting 7) The Applicant and owner of the outlot for future development shall enter into agreements as determined appropriate by the City related to financial contributions towards the future construction of improvements at Highway 55 and Tamarack Drive including traffic signals and construction of the street approach and turn lanes. After considerable discussion during review of the project and completion of the Tamarack Drive visioning study, staff ultimately recommended against a petition and waiver because of the possibility that it would increase the likelihood that future developers would look to the City to complete a public improvement project for more of the project. The consensus of the Council was to not require a petition and waiver during 1st Addition review. Staff likewise does not recommend a petition and waiver for this 2nd Addition. 8) The plat shall provide drainage and utility easements over all utilities, stormwater improvements, wetlands, and drainageways as recommended by the City Engineer. The plat shall also provide easements along the perimeter of the site and between buildings as recommended by the City Engineer. The plat grants drainage and utility easements over the entirety of most of the outlots. Easements appears to have been inadvertently left off of Outlots A and B, so staff recommends a condition that they be added. 9) The grading plan shall be updated to provide space for recreational activities within the open space. The grading plan has been updated to provide for more space west of the wetland area. 10) The Applicant shall update plans to locate trails outside of upland buffers. Plans have been updated to locate trails outside of upland buffers. 11) The Applicant shall meet the requirements of the wetland protection ordinance upon the residential development site, including provision of easements, planting of vegetation and installation of signage. The plans include required buffers and plantings and upland buffer easements have been drafted for execution. Staff recommends that implementation be included as a condition of final plat approval. 12) A minimum of 20% of any façade facing a public or private street shall be accent materials such as shakes, brick, stone, face brick, decorative concrete, or others approved by the city. Compliance with this requirement shall be subject to review and approval by City staff at the time of building permit for each structure. Informational condition; staff recommends that this condition be included upon final plat approval 13) The Applicant shall implement the following design features which they have elected to incorporate to qualify for the density proposed upon the plat: a. Buildings and walls between dwellings shall meet Sound Transmission Class (STC) rating of 55. b. Open space and recreational amenities shall be provided as described in the plans. No action necessary. Lennar – Meadowview Commons 2nd Addn Page 4 of 5 March 16, 2021 Final Plat City Council Meeting 14) A site plan review of each building within the development site shall not be required as described in Section 825.55 of City Code. However, each building shall be subject to administrative review by City staff for consistency with the site plan which accompanies the plat, relevant requirements of City Code, and the conditions noted herein. Informational condition; staff recommends that this condition be included upon final plat approval 15) The Property shall be subject to the City’s lawn and landscaping irrigation regulations. No lawn or landscape irrigation systems shall be permitted to be connected to the City water system. The Applicant shall provide a description of any proposed irrigation system at the time of final plat application. The applicant proposes an irrigation system to reuse stormwater. The applicant proposes to meet part of the stormwater requirements of the site using reuse as well. Staff recommends a language in the development agreement that the applicant meter irrigation use and supplemental well water to provide information on how much stormwater reuse is being utilized. 16) The Applicant shall submit HOA documents for City review and approval which shall describe provisions for maintenance of elements such as the private streets, trails, stormwater improvements, lawn irrigation, upland buffers, and bufferyard landscaping. Staff recommends that this condition be included upon final plat approval 17) The Applicant shall submit a letter of credit in an amount of 150% of the cost of site improvements to ensure completion. Staff recommends that this condition be included upon final plat approval 18) The request shall be subject to review and approval of Elm Creek Watershed, Minnesota Department of Transportation, Minnesota Department of Health, Pollution Control Agency, Metropolitan Council and any other relevant agencies. Informational condition; staff recommends that this condition be included upon final plat approval 19) Outlot A shall be required to be re-platted and shall be subject to relevant requirements of subdivision and zoning ordinance at such time prior to its development. This condition pertains to the future commercial property. The property was shown as Outlot D in the first addition plat and a condition included in that resolution, so no action is required for 2nd Addition. 20) The Applicant shall provide title documentation at the time of final plat application and abide by the recommendation of the City Attorney with regard to title matters and recording instructions. Staff recommends a condition requiring that the applicant address the comments of the City Attorney on the plat opinion. 21) The final plat applicant shall be filed within 180 days of the date of the resolution granting preliminary approval or the approval shall be considered void, unless a written request for time extension is submitted by the applicant and approved by the City Council. The applicant was received within 180 days. Lennar – Meadowview Commons 2nd Addn Page 5 of 5 March 16, 2021 Final Plat City Council Meeting 22) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the preliminary plat, construction plans, and other relevant documents. Staff recommends that this condition be included upon final plat approval Potential Action If the City Council finds that the final plat is consistent with the approved preliminary plat and that the conditions of preliminary plat have been addressed, the Council can take the following actions: 1. Move to adopt the resolution granting final plat approval for Meadowview Commons 2nd Addition. 2. Move to approve the Development Agreement by and between the City of Medina and US Home Corporation. Attachments 1. Draft resolution granting final plat approval 2. Development Agreement 3. Plat 4. Plans Resolution No. 2021-## DATE Member ______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2021-## RESOLUTION GRANTING FINAL APPROVAL OF THE MEADOWVIEW COMMONS 2ND ADDITION PLAT WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, US Home Corporation, dba Lennar (the “Applicant”), owns property located south of Meander Road and west of County Road 116 (the “Property”), which is legally described in Exhibit A, attached hereto; and WHEREAS, on September 15, 2020, the City Council adopted Resolution 2020-65, granting, subject to various conditions, preliminary approval of the Meadowview Commons plat into 125 townhome lots, a number of outlots proposed to contain common areas and improvements for the townhome development, and one outlot which is proposed to be replatted and developed in the future; and WHEREAS, on November 17, 2020, the City Council adopted Resolution 2020-90, granting, subject to various conditions, final approval of the Meadowview Commons plat, which included 42 townhome lots, an outlot to be replatted in the future for a separate commercial development, a series of outlots to contain various common elements of the townhome neighborhood, and the Property which was intended to be replatted for the remaining phase of the townhome development; and WHEREAS, the Applicant has now requested final approval of the Meadowview Commons 2nd Addition plat, which proposes to replat the Property into the remaining 83 townhome lots and various outlots containing the common areas of the townhome neighborhood; and WHEREAS, on March 16, 2021 the City Council reviewed the plat for consistency with the approved preliminary plat and compliance with the terms and conditions of preliminary approval; 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. Resolution No. 2021-## 2 DATE c. That the site is physically suitable for the proposed density of development and meets minimum lot size standards. d. The proposed subdivision is not likely to cause substantial environmental damage. e. The proposed subdivision is not likely to be injurious to public health. f. The proposed subdivision and its improvements will not conflict with public or private streets, easements, or rights-of-way. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants final plat approval for Meadowview Commons 2nd Addition, subject to the following terms and conditions: 1) The Applicant shall enter into a development agreement with the City, which shall include the conditions described below as well as other requirements by City ordinance or policy. 2) The Applicant shall install all improvements shown on the plans dated 2/26/2021 and 3/10/2021 except as may be modified herein. The Applicant shall address the comments of the City Engineer, Elm Creek Watershed, and other relevant staff and agencies and the conditions noted herein. 3) The Applicant shall construct the stormwater management improvements within the townhome development to accommodate the stormwater from the full width of Tamarack Drive, as shown on the plans received by the City on February 26, 2021. 4) The plat shall provide drainage and utility easements as necessary over Outlots A and B. 5) The Applicant shall meet the requirements of the wetland protection ordinance upon the residential development site, including provision of easements, planting of vegetation and installation of signage. 6) The Applicant shall provide a trail easement along the west of the Property to accommodate the new proposed trail location. The easement shall extend a minimum of 2-feet beyond the trail. 7) A minimum of 20% of any façade facing a public or private street shall be accent materials such as shakes, brick, stone, face brick, decorative concrete, or others approved by the City. Compliance with this requirement shall be subject to review and approval by City staff at the time of building permit for each structure. 8) A site plan review of each building within the development site shall not be required as described in Section 825.55 of City Code. However, each building shall be subject to administrative review by City staff for consistency with the site plan which accompanies the plat, relevant requirements of City Code, and the conditions noted herein. 9) The Property shall be subject to the City’s lawn and landscaping irrigation regulations. No lawn or landscape irrigation systems shall be permitted to be connected to the City water system. The Applicant shall provide a description of any proposed irrigation system, including means to meter the water used for irrigation and any supplemental water added to the system. 10) The Applicant shall submit HOA documents for City review and approval which shall describe provisions for maintenance of elements such as the private streets, trails, stormwater improvements, lawn irrigation, upland buffers, and bufferyard landscaping. The documents shall also include a disclosure that future owners may be responsible for future Resolution No. 2021-## 3 DATE assessments for a portion of the cost of construction of improvements at Tamarack Drive and Highway 55. 11) The Applicant shall submit a letter of credit in an amount of 150% of the cost of site improvements to ensure completion. 12) The Applicant shall obtain approvals from of Elm Creek Watershed, Minnesota Department of Transportation, Minnesota Department of Health, Pollution Control Agency, Metropolitan Council and any other relevant agencies. 13) The Applicant shall abide by the conditions of the City Attorney’s plat opinion with regard to title matters and recording instructions. 14) The final plat shall be filed within 180 days of the date of this resolution or the approval shall be considered void, unless a written request for time extension is submitted by the applicant and approved by the City Council. 15) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the plat, construction plans, and other relevant documents. Dated: By: ______________________ Kathleen Martin, 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. 2021-## 4 DATE EXHIBIT A Legal Description of Property Outlot D, Meadowview Commons, Hennepin County, Minnesota 702243.v3 EXECUTION COPY DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MEDINA AND U.S. HOME CORPORATION FOR MEADOWVIEW COMMONS 2ND ADDITION This document drafted by: Kennedy & Graven, Chartered 700 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300 702243.v3 i TABLE OF CONTENTS PAGE 1. Right to Proceed ................................................................................................................1 2. Plans; Improvements .........................................................................................................2 3. Erosion Control .................................................................................................................3 4. Site Grading; Haul Routes ................................................................................................3 5. Construction of Subdivision Improvements .....................................................................4 6. Private Road ......................................................................................................................5 7. Sanitary Sewer and Water Improvements.........................................................................5 8. Stormwater Improvements ................................................................................................5 9. Landscaping Plan; Landscape Irrigation System ..............................................................6 10. Street Lighting and Signs ..................................................................................................7 11. Trails and Sidewalks .........................................................................................................7 12. Letter of Credit ..................................................................................................................7 13. Homeowners’ Association ................................................................................................8 14. Wetlands; Upland Buffer Easement Agreement ...............................................................9 15. City Trunk Connection Rates; SAC Fees .........................................................................9 16. Park Dedication Requirements .........................................................................................9 17. Responsibility for Costs; Escrow for Construction Inspection .........................................9 18. Developer’s Default ..........................................................................................................9 19. Insurance .........................................................................................................................10 20. No Building Permits Approved; Certificates of Occupancy...........................................10 21. Clean up and Dust Control ..............................................................................................11 22. Model Homes ..................................................................................................................11 23. Compliance with Laws ...................................................................................................11 24. Agreement Runs With the Land .....................................................................................11 25. Indemnification ...............................................................................................................11 26. Assignment .....................................................................................................................11 27. Notices ............................................................................................................................11 28. Severability .....................................................................................................................12 29. Non-waiver .....................................................................................................................12 30. Counterparts ....................................................................................................................12 SIGNATURES ........................................................................................................................... 13-14 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY EXHIBIT B LIST OF PLAN DOCUMENTS EXHIBIT C FORM OF PRIVATE ROAD MAINTENANCE/EASEMENT AGREEMENT EXHIBIT D SUBDIVISION IMPROVEMENT COST ESTIMATE 702243.v3 1 This Development Agreement (the “Agreement”) is made and entered into this ____ day of _____________, 2021 by and between the city of Medina, a municipal corporation under the laws of Minnesota (the “City”), and U.S. Home Corporation, a Delaware business corporation (the “Developer”). WITNESSETH: WHEREAS, on September 15, 2020, the City granted preliminary approval of the plat of Meadowview Commons and rezoned the land within that preliminary plat from RR-UR, Rural Residential-Urban Reserve to R3, Mid-Density Residential to facilitate the development of 125 townhomes (the “Development”); and WHEREAS, on October 8, 2020, the City and the Developer entered into a preliminary development agreement (the “Preliminary Development Agreement”), which was recorded on October 20, 2020 in the Office of the County Recorder, Hennepin County, Minnesota as Document No. 10856638; and WHEREAS, the final plat of the first phase of the Development was subsequently approved by the City and the Developer is in the process of developing said first phase; and WHEREAS, the Developer, as fee owner of the real property legally described on Exhibit A attached hereto (the “Property”), made application to final plat the Property for the second and final phase of the Development; and WHEREAS, on March 16, 2021, via Resolution 2021-__, the City granted final approval to plat the final phase of the Development as Meadowview Commons 2nd Addition, which includes 83 lots and 21 outlots (the “Subdivision”), and said approval is contingent upon the Developer entering into a development agreement satisfactory to the City. NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the parties agree as follows: 1. Right to Proceed. The Subdivision is the second and final phase of the Development and consists of 83 lots intended for residential townhome purposes and 21 outlots. Except to any extent expressly authorized by the Preliminary Development Agreement or the development agreement related to the first phase of the Development (the “Phase I Agreement”), the Developer may not construct public or private improvements or any buildings within the Subdivision until all of the following conditions precedent have been satisfied: a) the final plat of Meadowview Commons 2nd Addition has been filed with Hennepin County; b) this Agreement has been executed by the Developer and the City; c) the required Letter of Credit (as hereinafter defined) has been received by the City from or on behalf of the Developer; 702243.v3 2 d) final engineering and construction plans in digital form 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; f) the Developer has executed the Private Road Maintenance and Easement Agreement in the form attached hereto as Exhibit C; g) the Developer has submitted the storm sewer improvement tax district and private road disclosure statements required by sections 6 and 8, respectively, of this Agreement; h) the Developer has submitted and the City has approved the certified grading plan; i) all erosion control measures are in place; j) the Developer has received all required permits from the Elm Creek Watershed Management Commission, the Minnesota Pollution Control Agency, the Minnesota Department of Health, the Metropolitan Council and any other entity having jurisdiction; k) the Developer or the Developer’s engineer has initiated and attended a preconstruction meeting with the city engineer and staff; and l) the City has issued a notice that all conditions precedent have been satisfied and that the Developer may proceed. Notwithstanding the foregoing, the Developer may request written approval from the City to allow the commencement of construction of certain specifically identified Subdivision Improvements prior to the final plat being recorded, as otherwise required in section 1a) above, provided, however, that any decision regarding whether to grant such written approval shall be left entirely to the discretion of City staff and consultants. 2. Plans; Improvements. a) The Developer agrees to develop the Subdivision in accordance with the final plat of Meadowview Commons 2nd Addition and the terms and conditions of City resolution 2021-___ approving said final plat (the “Resolution”), which Resolution is hereby incorporated by reference into this Agreement and made a part hereof, and to construct all required improvements within and adjacent to the Subdivision in accordance with the approved engineering and construction plans (collectively, the “Plans”) and this Agreement. In the event of a conflict between the terms of the Resolution and this Agreement, this Agreement shall control. 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 or except as expressly provided in this Agreement. Notwithstanding the foregoing, City staff may approve minor changes to the Plans. b) In developing the Subdivision in accordance with the Plans, the Developer shall make or install at its sole expense the following public and private improvements (collectively, the “Subdivision Improvements”): 1. site grading; 2. streets; 702243.v3 3 3. sanitary sewer; 4. municipal water distribution system; 5. stormwater facilities; 6. landscape irrigation system; 7. landscaping; 8. floodplain mitigation; and 9. street lighting and signage. Certain improvements related to the Development were made or are being made pursuant to the terms and conditions of the Preliminary Development Agreement and the Phase I Agreement, and said terms and conditions shall continue to control and shall not in any way be altered or affected by this Agreement unless expressly indicated otherwise herein. c) All work performed by or on behalf of the Developer on or related to the Subdivision, including construction of the Subdivision Improvements and construction of houses on the lots, shall be restricted to the hours of 7:00 a.m. through 8:00 p.m., Monday through Friday and 8:00 a.m. through 5:00 p.m. on Saturday. 3. Erosion Control. a) All construction regarding the Subdivision Improvements shall be conducted in a manner designed to control erosion and in compliance with the Preliminary Development Agreement and all City ordinances and other requirements, including the City’s permit with the Minnesota Pollution Control Agency regarding its municipal separate storm sewer system program. The terms of the Preliminary Development Agreement shall continue to control regarding erosion control even after the execution of this Agreement and are incorporated into this Agreement. No grading or construction of the Subdivision Improvements will be allowed and no building permits will be issued for the Subdivision unless the Developer is in full compliance with the erosion control requirements. The erosion control measures specified in the Plans or otherwise required within the Subdivision shall be binding on the Developer, its successors and assigns. 4. Site Grading; Haul Routes. a) In order to construct the Subdivision Improvements and otherwise prepare the land for development, it will be necessary for the Developer to grade the Subdivision. All site grading must be done in compliance with the Preliminary Development Agreement, this Agreement, the Plans and the requirements of the Minnesota Pollution Control Agency regarding contaminated soils. The City may withhold issuance of building permits for structures within the Subdivision until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City. Within 30 days after completion of the grading, the Developer shall provide the City with an “as constructed” grading plan and a certification by a registered land surveyor or engineer. b) The Developer agrees that any fill material which must be brought to or removed from the Property or adjacent areas 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 the haul route as Meander Road to County Road 116. The City agrees that during construction of the Subdivision, Meander Road will be posted to allow a minimum five-ton axle weight, including during spring load restrictions, unless extraordinary conditions or circumstances exist which require a lower amount. 702243.v3 4 5. Construction of Subdivision Improvements. a) All Subdivision Improvements shall be installed in accordance with the Plans, the Resolution, the Preliminary Development Agreement, this Agreement, the City’s subdivision regulations, the City’s engineering standards (as hereinafter defined) for utility construction and the requirements of the report from the City engineer dated ____________, 2021. 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 Minnesota Pollution Control Agency, the Metropolitan Council, the Minnesota Department of Health, the Elm Creek Watershed Management Commission and any other agency having jurisdiction before proceeding with construction. The City shall inspect all work at the Developer’s expense. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors. Prior to beginning construction, the Developer or the Developer’s engineer shall schedule a preconstruction meeting with all parties concerned, including the City staff and engineers, to review the program for the construction work. b) Within 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 AutoCADD format based on Hennepin County coordinates. Sanitary sewer, water and stormwater “as constructed” plans shall also be submitted to the City in GIS format compatible with ArcMap 10 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. All Subdivision Improvements required by this Agreement shall be completed by no later than December 1, 2021, except as specifically noted otherwise in this Agreement. c) The Developer agrees to require its contractor to provide to the City a warranty bond for the public streets, sanitary sewer, and municipal water distribution system to cover defects in labor and materials for a period of two years from the date of their acceptance by the City or from their completion if they are not to be dedicated to the City. During such period, the Developer agrees to repair or replace any Subdivision Improvement, or portion or element thereof, which shows signs of failure, normal wear and tear excepted. A decision regarding whether a Subdivision Improvement shows signs of failure shall be made by the City in the reasonable exercise of its judgment. If the Developer fails to repair or replace a defective Subdivision Improvement during the warranty period after prior written notice to Developer and opportunity to cure as provided in paragraph 18, the City may repair or replace the defective portion and may use the Letter of Credit, as hereinafter defined, to reimburse itself for such costs. The Developer agrees to reimburse the City fully for the 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. 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 702243.v3 5 such assessment and waives the right to a hearing or notice of hearing or any appeal thereon under Minnesota Statutes, Chapter 429. 6. Private Road. The Developer agrees to construct an extension of the private road platted in the first phase of the Development over Outlot C of the Subdivision to serve all lots in the Subdivision (together with the private road from the first phase, the “Private Road”). The Private Road shall remain private and shall be maintained by the Developer or by the HOA, as hereinafter defined. Additionally, the Developer agrees to enter into a separate private road maintenance and easement agreement, the form of which is attached to this Agreement as Exhibit C, to ensure ongoing maintenance of the Private Road and to provide the City with necessary access to the Private Road. The Private Road shall be constructed and the private road maintenance and easement agreement shall be executed and recorded prior to the sale of any lots within the Subdivision or the issuance of any building permits related thereto. The Developer acknowledges that i) the Private Road will not be accepted by the City; ii) the City does not plan to maintain or pay for maintenance, repair or replacement of the Private Road and that the Developer initially and the HOA ultimately will have responsibility for such work; iii) the City has the right but not the obligation to perform necessary work upon the failure or refusal by the Developer or the HOA to do so; and iv) if the City performs any work on the Private Road, the City has the right to specially assess or otherwise recover the cost of such work against the lots within the Development that are served by the Private Road. The Developer agrees to inform purchasers of lots served by the Private Road that i) the City does not plan to maintain or pay for maintenance, repair or replacement of the Private Road 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; and iii) if the City performs any work on the Private Road, the City intends to recover the cost of such work from the owners of the lots served by the Private Road. 7. Sanitary Sewer and Water Improvements. a) The Developer agrees to construct sanitary sewer and water lines to serve the lots within the Subdivision as well as to extend sewer and water mains to serve the Subdivision. The Developer’s work in constructing and extending the utilities must be in accordance with the Plans and must comply with all City requirements regarding such utilities. The sanitary sewer and water Subdivision Improvements will be dedicated by the Developer to the City as public improvements upon completion and acceptance by the City. 8. Stormwater Improvements. a) The Developer agrees to construct the stormwater facilities in accordance with the Plans and in compliance with all City requirements regarding such improvements. The stormwater facilities include but are not limited to berms, biofiltration basins, and related facilities, all as shown on the Plans. 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, as hereinafter defined. The City does not intend to accept the stormwater facilities as public and does not intend to maintain them. The Developer previously entered into a Stormwater Maintenance Agreement with the City to ensure that the Developer maintains all stormwater facilities within the Development, including those being constructed as part of this second phase, until taken over by the HOA and to give the City the right but not the obligation to do so if the Developer fails in its obligations. The Stormwater Maintenance Agreement was previously recorded against all land within the Subdivision and runs 702243.v3 6 with the land. 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; and iv) 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 specially assess the cost of such work against the lots within the Subdivision and other portions of the Property. Notwithstanding the above, the City will accept and maintain those elements of the stormwater facilities which are located on public rights-of-way. c) The Developer will make the HOA responsible for the maintenance, repair or replacement of the stormwater facilities as needed and the HOA documents recorded with Hennepin County shall so require. The HOA shall be responsible for the maintenance, repair or replacement of all stormwater facilities serving any portion of the Property. 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; 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. Notwithstanding the above, the City will accept and maintain those elements of the stormwater facilities which are located on public rights-of-way. d) The City previously established a storm sewer improvement tax district which includes all land within the Subdivision pursuant to Minnesota Statutes, sections 444.16 to 444.21, which authorizes 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. In recognition of this possibility, the Developer agrees to provide prospective lot purchasers with a disclosure statement informing them of the existence of the storm sewer improvement tax 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. 9. Landscaping Plan; Landscape Irrigation Plan. a) The Developer agrees to install landscaping in accordance with the Plans, which shall include all tree replacement requirements as provided in the City’s tree replacement ordinance to the extent applicable. 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. b) Any automatic water irrigation system utilized on the Property shall be equipped with rain sensors or soil moisture sensors and is subject to the City’s irrigation ordinance and water conservation ordinance which prohibits the use of treated municipal water in connection with landscape irrigation systems. Notwithstanding the aforementioned prohibition regarding water irrigation systems, water may be utilized from the public water system for a limited period of time 702243.v3 7 until the landscaping material within the Subdivision has been established. The Developer will submit the plans for the irrigation system prior to any permit being issued for any structures within the Subdivision. 10. Street Lighting and Signs. The Developer agrees to install street lighting and street signs within the Subdivision at its sole cost. Prior to the issuance of any building permits, the Developer shall submit lighting details to the City for review and approval by City staff. All lighting shall meet City standards. Street lighting shall include lighting fixtures approved by the City and shall be equipped with luminaries which allow no light more than five percent above the horizontal plane. The Developer or the HOA will be required to maintain the lighting fixtures. Street signs shall be of a design approved by the City and those located along public right-of-way shall be dedicated by the Developer to the City after installation and acceptance by the City. If repair or replacement is necessary for those street signs located along public right-of-way, the City will repair or replace with the City’s standard form of street sign. Should the Developer or the HOA, as the case may be, desire to repair or replace such signs with any other type of street sign, the Developer or the HOA will be required to pay for repair or replacement. All street signs that are internal to the Subdivision and not located along public right-of-way shall be maintained, repaired, and replaced by the Developer or the HOA. 11. Trails and Sidewalks. All trails and sidewalks shall be constructed by the Developer in accordance with the Plans. Additionally, all trails and sidewalks within the Development, except for the public trail that is made as part of the Tamarack Drive Improvements, as that term is defined in the Phase I Agreement, shall be privately owned and maintained by the Developer or the HOA. The City shall have no obligation to maintain, repair, or replace such private trails and sidewalks. 12. 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 $1,473,830.64 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. This amount includes the amount for grading and erosion control under the Preliminary Development Agreement and may be reduced if a letter of credit has previously been submitted by the Developer for such work. 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 work covered by the Letter of Credit is itemized on Exhibit D attached hereto. The Letter of Credit shall be issued by a bank determined by the City to be solvent and creditworthy and shall be in a form acceptable to the City. The Letter of Credit shall allow the City to draw upon the instrument, in whole or part, in order to complete construction of any or all of the Subdivision Improvements and other specified work within the Subdivision and to pay any 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. 702243.v3 8 b) Subject to the City’s ongoing calculation of the maximum risk exposure as work progresses on the Subdivision Improvements, the City agrees to reduce the Letter of Credit upon substantial completion of any significant portion of the covered Subdivision Improvements, delivery of the required warranty bond to the City, and 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 following installation of the final wear course of bituminous on the streets, expiration of the two-year warranty period for the landscaping, after satisfaction of all other provisions of this section and subject to a determination by the City that there exist one or more outstanding letters of credit for other phases of the Project sufficient to ensure completion of the Subdivision Improvements and satisfaction of the Developer’s financial obligations related to such other phases. Prior to releasing any portion of the Letter of Credit or accepting another letter of credit in replacement, the City shall first be satisfied regarding the quality and completeness of the work and that the Developer has taken such steps as may be necessary to ensure that no liens will attach to the Property. Notwithstanding anything herein to the contrary, the Letter of Credit shall not be reduced to less than $50,000, until such time as the City releases the entire Letter of Credit. 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 other obligations of the Developer 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 no longer satisfies the City’s requirements regarding solvency and creditworthiness, the City shall notify the Developer and the Developer shall provide to the City within 30 days a substitute Letter of Credit from another bank meeting the City’s requirements. If within 30 days of notice the Developer fails to provide the City with a substitute Letter of Credit from an issuing bank satisfactory to the City, the City may draw under the existing Letter of Credit. 13. Homeowners’ Association. a) The Developer agrees to establish a homeowners’ association (the “HOA”), which shall include all land within the Subdivision. The Developer agrees to record covenants against said land for this purpose, which covenants must be in form and substance 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. b) The HOA covenants must provide, among other things, for HOA maintenance of the Private Road, street lights, stormwater facilities, upland buffers, the landscape irrigation system (if any) and all common areas in the Subdivision. The Developer agrees to work with the City to include language within the covenants regarding efforts the HOA will undertake to operate the irrigation system in a manner which limits the use of supplemental ground water. The HOA covenants must also provide that the lots within the Development may be subject to special assessments if future improvements along Tamarack Drive, including improvements to the Tamarack Drive and Highway 55 intersection, are constructed as a public improvement project. 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. 702243.v3 9 14. Wetlands; Upland Buffer Easement Agreement. The Developer must meet the requirements of the approved wetland replacement plan. The Developer previously executed an Upland Buffer Easement Agreement related to the Development, which is intended to enhance water quality in the wetlands, provide that no structures or fill are placed in those areas and ensure that they are maintained in such condition thereafter. The Developer agrees to make the HOA responsible for all maintenance obligations under the Upland Buffer Easement Agreement and the HOA documents recorded with Hennepin County will so require. 15. City Trunk Connection Rates; SAC Fees. a) In accordance with City policy and to distribute uniformly the costs of public utility infrastructure improvements, the City will charge the Developer trunk connection fees for the availability of sanitary sewer and water to the Property. The trunk connection fees for sanitary sewer and water shall be payable at the time of issuance of each building permit at the then-current rates. The rates are typically adjusted annually. b) The Metropolitan Council charges the City a sewer availability charge for each new connection to the metropolitan sanitary sewer disposal system or increase in capacity demand. The Developer agrees to reimburse the City for any sewer availability charge paid by the City to the Metropolitan Council. The Metropolitan Council’s current rate is $2,485.00 per unit. 16. Park Dedication Requirements. Park dedication was previously satisfied with a land contribution when the Fields of Medina property, located to the north of the Development, was platted. Accordingly, there are no additional park dedication requirements contemplated as part of this Subdivision. 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 further agrees to reimburse the City for the reasonable cost incurred in the enforcement of any provision of this Agreement, including reasonable engineering and attorneys’ fees. b) The Developer shall also pay a fee for City construction observation and administration relating to construction of the Subdivision Improvements. Construction observation shall include inspection of all the Subdivision Improvements. In order to reimburse the City for the reasonable cost of inspection of the Subdivision Improvements, the Developer shall deposit an additional $72,000.00 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. Developer’s Default. In the event of default by the Developer as to construction or 702243.v3 10 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 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 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 land 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 must submit and the City must approve building plans prior to an application for 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 other deferred fees as specified in this Agreement. b) No building permit shall be issued for any structure within the Subdivision until all streets, except for the final wear course of bituminous, and all utilities have been completed for the Subdivision. c) 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 driveway has been installed, the footing drain tile or sump pump is discharging in an approved location, the water service valve is in proper working order 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. 702243.v3 11 21. Clean up and Dust Control. The Developer shall clean on a daily basis 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. Model Homes. The Developer may utilize one townhome building as a model within the Subdivision. The Developer shall obtain duly issued building permits and certificates of occupancy from the City prior to the use of any model homes, which shall be used for real estate sales and no other purposes. 23. 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. 24. 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’s successors in title may be responsible for certain obligations under this Agreement as required by the City. Upon request by Developer or its successors or assigns, the City will issue a certificate in recordable form which certifies the extent which the Developer is in compliance with the terms of this Agreement, and if Developer has fully complied with and completed all terms of this Agreement, Releasing Developer from this Agreement. As of the date hereof, the Developer warrants that to Developer’s actual knowledge, there are no unrecorded encumbrances or interests relating to the Property. The Developer agrees to indemnify and hold the City harmless for any breach of the foregoing covenants. 25. 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 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. 26. 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. 27. 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: 702243.v3 12 a) as to Developer: U.S. Home Corporation ______________________ ______________________ Attention: _____________ 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 700 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 or at such other address as either party may from time to time notify the other in writing in accordance with this section. The Developer shall notify the City if there is any change in its name or address. 28. 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. 29. Non-waiver. Each right, power or remedy conferred upon the City by this Agreement is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, or available to the City at law or in equity, or under any other agreement. Each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 30. 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. ********************* 702243.v3 13 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: __________________________________ Kathleen Martin, Mayor By: __________________________________ Scott T. Johnson, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of __________, 2021, by Kathleen Martin 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 702243.v3 14 U.S. HOME CORPORATION By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ___________ ) This instrument was acknowledged before me on ________________ 2021, by _______________, the _________________ of U.S. Home corporation, a Delaware business corporation, on behalf of the corporation. ____________________________________ Notary Public This document drafted by: Kennedy & Graven, Chartered 700 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300 A-1 702243.v3 EXHIBIT A TO DEVELOPMENT AGREEMENT Legal Description of the Property The Property is legally described as follows: Lots 1 through 6, Block 1, Lots 1 through 5, Block 2, Lots 1 through 5, Block 3, Lots 1 through 4, Block 4, Lots 1 through 4, Block 5, Lots 1 through 4, Block 6, Lots 1 through 4, Block 7, Lots 1 through 4, Block 8, Lots 1 through 6, Block 9, Lots 1 through 5, Block 10, Lots 1 through 5, Block 11, Lots 1 through 5, Block 12, Lots 1 through 4, Block 13, Lots 1 through 3, Block 14, Lots 1 through 5, Block 15, Lots 1 through 4, Block 16, Lots 1 through 5, Block 17, Lots 1 through 5, Block 18, and Outlots A through U, all in Meadowview Commons 2nd Addition, Hennepin County, Minnesota. 702243.v3 B-1 EXHIBIT B TO DEVELOPMENT AGREEMENT List of Plan Documents The following drawings by ISG with a revision date of ____________ shall constitute the Plans: [to be inserted] 702243.v3 C-1 EXHIBIT C TO DEVELOPMENT AGREEMENT FORM OF PRIVATE ROAD MAINTENANCE AND EASEMENT AGREEMENT PRIVATE ROAD MAINTENANCE AND EASEMENT AGREEMENT THIS PRIVATE ROAD MAINTENANCE AND EASEMENT AGREEMENT (the “Agreement”), is made this ___ day of _______________, 2021, by and between U.S. Home Corporation, a Delaware business corporation (the “Developer”) and the city of Medina, a municipal corporation under the laws of the state of Minnesota (the “City”). 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 Developer is in the process of developing the Property in two phases, all in accordance with two separate development agreements entered into by the City and the Developer (the “Development Agreements”); and WHEREAS, pursuant to the Development Agreements, the Developer has agreed to construct and maintain a privately-owned and operated road (the “Private Road”) that will provide access to the individual lots that make up the Property; and WHEREAS, the Private Road is legally described on Exhibit B attached hereto; and WHEREAS, as a condition of the Development Agreements, the City and the Developer must enter into a maintenance and easement agreement regarding the Private Road. 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. Construction and Maintenance of the Private Road. The Developer hereby agrees to construct, reconstruct, maintain and repair the Private Road at its own expense. The Private Road consists of the grade, base, surface, ditches, culverts, stormwater improvements including, but not limited to, drainage conveyance of roadway runoff, and all other elements and appurtenances which create a driving surface suitable for vehicular traffic. The Developer acknowledges that the City has no obligation to construct, reconstruct, maintain or repair the Private Road and that the City does not intend to accept, acquire, or open the Private Road as a public roadway. Such construction, reconstruction, maintenance and repair shall meet minimum standards set forth in the approved engineering and construction plans for the Subdivision. All of the Developer’s obligations regarding the Private Road shall also be obligations of the Developer’s successors or assigns, and such obligations shall eventually be assigned to a homeowner’s association (the “HOA”). 702243.v3 C-2 2. City’s Right to Maintain and Repair. a) The City may maintain and repair the Private Road if the City reasonably believes that the Developer or its successors or assigns has failed to adequately maintain the Private Road in accordance with section 1 of this Agreement and such failure continues for 30 days after the City gives the Developer, its successors or assigns 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 the 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. b) If the 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 Private Road, and those portions of the Property immediately surrounding the Private Road, as may reasonably be necessary to gain access to the Private Road to perform such maintenance tasks; provided, however, the City will use reasonable efforts to minimize the disturbance and destruction of landscaping and improvements within said areas immediately surrounding the Private Road. In such case, the City shall send an invoice detailing 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 Private Road 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 lots that make up the Property and collect the same in single or multiple payments as in the case of special assessments for public improvements pursuant to Minnesota Statutes Chapter 429. For the purposes of this section and the City’s right to impose special assessments, the Developer’s successors and assigns shall be deemed to be the HOA or the owners of individual lots. c) The assessments shall bear interest at the rate determined by the City but not more than 2 percent more than the average coupon rate if the City sells debt to pay for the cost of the work or 2 percent over the average rate of return earned by the City on its investment portfolio if the City finances the work without selling debt. The Developer, on behalf of itself and its successors and assigns, acknowledges that the maintenance work performed by the City regarding the Private Road benefits the lots that make up 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. Any maintenance or repairs made by the City pursuant to this section 2 will not result in the establishment of a public roadway. d) The City has the right but not an obligation to perform maintenance or repair the Private Road. The City intends to exercise this authority only if the condition of the Private Road is so poor, in the reasonable exercise of the City’s discretion, as to pose a hazard to the health, safety and welfare to those using the Private Road. 702243.v3 C-3 e) Notwithstanding any other language to the contrary, to the extent that the Private Road is damaged by the City, it’s employees, contractors or agents for any reason, including but not limited to, damage arising out of repairing or replacing any City utility, then at no cost to the Developer or it’s successors or assigns, the City shall repair or replace the Private Road as necessary, to the same standard as the condition of the Private Road existed prior to the City damaging the Private Road. Further, if the previously described damage to the Private Road by the City shall occur then the terms contained in paragraphs (2) and (5) herein shall also not apply. 3. Conveyance of Easement. The Developer hereby conveys a non-exclusive easement over the Private Road for ingress and egress to the City for any public service deemed necessary by the City, including but not limited to, response to police calls, fire calls, rescue and other emergency calls, inspections, animal control, provisions for adequate surface drainage, and other code enforcement issues. This does not convey a right to the general public to use the Private Road. 4. Reservation of Rights. Nothing in this Agreement is intended to, nor shall it, prevent the City from the exercise of its full range of land use authority regarding the Property granted to it by state statute, the City code or any other applicable regulation and the City shall be entitled to apply its official controls to the Property in the same manner and to the same extent as if it were served by public streets. 5. 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) directly arising out of or directly resulting from the Developer’s, or the Developer’s agents’ or employees’ grossly negligent or intentional misconduct, or any violation of any applicable safety law, regulation, or code enacted by the City or the State of Minnesota 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. Nothing in this Agreement shall be construed as a waiver by the City of any immunities, defenses or other limitations on liability to which the City is entitled to by law, including but not limited to, the maximum monetary limits on liability established by Minnesota Statutes Chapter 466. 6. Recording; Run with the Land; Successors and Assigns. This Agreement shall be recorded against the Property. 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 execution and recording by the HOA for the Property of an instrument in a form satisfactory to the City assuming and agreeing 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 individual lots that make up the Property shall remain subject to the terms and conditions of this Agreement. 7. Costs of Enforcement. The Developer agrees to reimburse the City for all costs prudently incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys’ fees. 702243.v3 C-4 8. 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: U.S. Home Corporation ______________________ ______________________ Attention: _____________ 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 700 Fifth Street Towers 150 South Fifth 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. 9. Termination and Replacement of Prior Agreement. Upon the execution and recordation of this Agreement against the entirety of the Property, that certain Private Road Maintenance and Easement Agreement, dated __________, 2020 and recorded with the Office of the Hennepin County Recorder on ___________, 2021 as Document Number ________________ shall terminate and have no further force and effect. 10. Effective Date. This Agreement shall be binding and effective as of the date first written above. ********************* 702243.v3 C-5 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: __________________________________ Kathleen Martin, Mayor By: __________________________________ Scott T. Johnson, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of __________, 2021, by Kathleen Martin 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 702243.v3 C-6 U.S. HOME CORPORATION By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ___________ ) This instrument was acknowledged before me on ________________ 2021, by _______________, the _________________ of U.S. Home corporation, a Delaware business corporation, on behalf of the corporation. ____________________________________ Notary Public This document drafted by: Kennedy & Graven, Chartered 700 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300 C-A-1 702243.v3 EXHIBIT A TO PRIVATE ROAD MAINTENANCE AND EASEMENT AGREEMENT Legal Description of the Property The Property is legally described as follows: Lots 1 through 6, Block 1; Lots 1 through 5, Block 2; Lots 1 through 5, Block 3; Lots 1 through 5, Block 4; Lots 1 through 5, Block 5; Lots 1 through 4, Block 6; Lots 1 through 3, Block 7; Lots 1 through 5, Block 8; Lots 1 through 4, Block 9, all in Meadowview Commons, Hennepin County, Minnesota, and Lots 1 through 6, Block 1, Lots 1 through 5, Block 2, Lots 1 through 5, Block 3, Lots 1 through 4, Block 4, Lots 1 through 4, Block 5, Lots 1 through 4, Block 6, Lots 1 through 4, Block 7, Lots 1 through 4, Block 8, Lots 1 through 6, Block 9, Lots 1 through 5, Block 10, Lots 1 through 5, Block 11, Lots 1 through 5, Block 12, Lots 1 through 4, Block 13, Lots 1 through 3, Block 14, Lots 1 through 5, Block 15, Lots 1 through 4, Block 16, Lots 1 through 5, Block 17, and Lots 1 through 5, Block 18, all in Meadowview Commons 2nd Addition, Hennepin County, Minnesota. C-B-1 702243.v3 EXHIBIT B TO PRIVATE ROAD MAINTENANCE AND EASEMENT AGREEMENT Legal Description of the Private Road The Private Road is legally described as follows: Outlot C, Meadowview Commons, Hennepin County, Minnesota, and Outlot C, Meadowview Commons 2nd Addition, Hennepin County, Minnesota. D-1 702243.v3 EXHIBIT D TO DEVELOPMENT AGREEMENT SUBDIVISION IMPROVEMENT COST ESTIMATE D-2 702243.v3 SHEET 1 OF 3 SHEETS MEADOWVIEW COMMONS 2ND ADDITION KNOW ALL PERSONS BY THESE PRESENTS: That U.S. Home Corporation, a Delaware corporation, fee owner of the following described property situated in the County of Hennepin, State of Minnesota to wit:: Outlot D, MEADOWVIEW COMMONS, according to the recorded plat thereof, Hennepin County, Minnesota. Has caused the same to be surveyed and platted as MEADOWVIEW COMMONS 2ND ADDITION and does hereby dedicate to the public for public use the drainage and utility easements as shown on this plat for drainage and utility purposes only. In witness whereof said U.S. Home Corporation, a Delaware corporation, has caused these presents to be signed by its proper officer this _______ day of ___________________, 20_____. U.S. Home Corporation Signed: ________________________________________ its ______________________________________ State of ____________________________ County of ____________________________ This instrument was acknowledged before me on ______________________________, 20_____ by ___________________________________ its ___________________________________, of U.S. Home Corporation, a Delaware corporation, on behalf of the corporation. _____________________________________________ (signature) _____________________________________________ (print) Notary Public __________________________________ My Commission expires _________________________ SURVEYOR'S CERTIFICATE I Mark A. Schwanz do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been or, will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this _______ day of ___________________, 20_____. ____________________________________________ Mark A. Schwanz, Licensed Land Surveyor Minnesota License No. 45817 State of Minnesota County of ____________________ This instrument was acknowledged before me on _______________________, 20_____ by Mark A. Schwanz. _____________________________________________ (signature) _____________________________________________ (print) Notary Public, _________________________________ My Commission expires _________________________ CITY COUNCIL, CITY OF MEDINA, MINNESOTA This plat of MEADOWVIEW COMMONS 2ND ADDITION, was approved and accepted by the City Council of the City of Medina, Minnesota at a regular meeting thereof held this this _______ day of ___________________, 20_____, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. CITY COUNCIL, CITY OF MEDINA, MINNESOTA By: ______________________________________ its ______________________________ By:_________________________________________ its ______________________________ RESIDENT AND REAL ESTATE SERVICES, HENNEPIN COUNTY, MINNESOTA I hereby certify that taxes payable in 20____ and prior years have been paid for land described on this plat, dated this _______ day of ___________________, 20_____. By: ______________________________________ Deputy Mark V. Chapin, County Auditor SURVEY DIVISION, HENNEPIN COUNTY, MINNESOTA Pursuant to MN. STAT. Sec. 383B.565 (1969), this plat has been approved this _______ day of ___________________, 20_____. By: ______________________________________ Chris F. Mavis, County Surveyor COUNTY RECORDER, HENNEPIN COUNTY, MINNESOTA I hereby certify that the within plat of MEADOWVIEW COMMONS 2ND ADDITION was recorded in this office this _______ day of ___________________, 20_____, at ___ o'clock ___.M. By: ______________________________________ Deputy Martin McCormick, County Recorder C.R. DOC. NO. __________________________________ OUTLOT A S89°33'00"E 235.23 Δ =2 4 °1 5 '1 9 " L =1 3 9 .7 0 R =3 3 0 .0 0 N66°1 1 ' 4 2 " E 81.23 S85°18'30"W 59.33 N 0 4 ° 4 1 ' 3 0 " W 1 1 2 . 0 0 S0 0 ° 1 2 ' 0 2 " W 3 6 6 . 0 0 WET LAND 4 5 67 8 9 10 11 12 13 14 S87°52'15"E 21.15 S66°5 1 ' 1 2 " W 41.68 S83°52'46"E 126.44 N23°48'18"W 35.00 S89°47'58"E 556.94 S 4 2 ° 4 8 ' 1 9 " E 4 2 0 . 4 1 N0 0 ° 2 8 ' 2 5 " E 5 1 7 . 6 0 N53 ° 3 7 ' 3 6 " E 84.7 1 S0 0 ° 0 0 ' 0 0 " E 18 7 . 2 1 S89°59'54"E 82.53 N 2 6 ° 0 9 ' 5 6 " W 1 5 8 . 0 4 S74°25' 3 2 " W 53.55 DRAINAGE & UTILITY EASEMENT OVER ALL OF S6 2 ° 5 0 ' 1 1 " E 38. 9 0 Δ=14°2 4'5 4 " L=85.41R=339.4 9 C.Br g=S83°32'0 9 "E C.=85.19 N88°35'02"E 35.23 N00°26'59"E 7.69 SEE SHEET 3 FOR INSET S89°32'38"E 480.02 N00°20'05"E 12.33 123451234 123456 12345 1 2 3 4 5 1234 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 5 6 5 4 2 3 1 1 2 3 4 5 5 4 2 3 1 4 3 2 1 3 2 1 1 2 3 4 5 1 2 3 4 5 1 2 16 17 3 Δ=12°26'34" L=74.80R=344.42 C.Brg=S68°24'12"E C.=74.65 S64°48'19"E 17.80 18 S15°34'28"E 28.00 N74°25' 3 2 " E 57.42 =10°10'10" L=37.98 R=214.00 OUTLOT A OUTLOT B N72° 5 5 ' 0 1 " W 104. 1 3 DRAINAGE AND UTILITY EASEMENT PER PLAT OF MEADOWVIEW COMMONS 10 1 0 23 . 9 2 22 5 . 0 0 28 . 0 0 16 1 . 0 0 79 . 6 8 DRAINAGE AND UTILITY EASEMENT PER PLAT OF MEADOWVIEW COMMONS WET LAND EDGE OF WETLAND MEADOWVIEW COMMONS 2ND ADDITION SHEET 2 OF 3 SHEETS LEGEND 0 SCALE IN FEET 50 100 DENOTES FOUND 1/2 INCH IRON MONUMENT DENOTES 1/2 INCH DIA. x 18 INCH LONG IRON PIPE SET WITH PLASTIC CAP MARKED BY ISG, LICENSE NO. 45817, OR WILL BE SET IN ACCORDANCE WITH MN STATUTES SECTION 505.021, SUBD. 10 DENOTES FOUND CAST IRON MONUMENT BEARING NOTE: BEARINGS ARE BASED ON THE NORTHERLY LINE OF OUTLOT A, ROLLING GREEN BUSINESS CENTER WHICH IS ASSUMED TO HAVE A BEARING OF S89°56'18"E C.R. DOC. NO. __________________________________ WET LAND 4 5 67 8 9 10 11 12 13 14 7 0 . 8 3 8 7 . 2 1 59.33 23.20 D R A I N A G E & U T I L I T Y E A S E M E N T O V E R A L L O F O U T L O T C 123451234 123456 12345 1 2 3 4 5 1234 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 5 6 5 4 2 3 1 1 2 3 4 5 5 4 2 3 1 4 3 2 1 3 2 1 1 2 3 4 5 40.00 32.00 32.00 32.00 40.00 40.00 32.00 32.00 32.00 40.00 5 9 . 3 3 5 9 . 3 3 4 0 . 0 0 3 2 . 0 0 3 2 . 0 0 4 0 . 0 0 4 0 . 0 0 3 2 . 0 0 3 2 . 0 0 4 0 . 0 0 40.00 32.00 32.00 32.00 40.00 40.00 32.00 32.00 32.00 40.00 40.00 32.00 32.00 32.00 32.00 40.00 32.00 32.00 32.00 32.00 40.00 40. 0 0 32. 0 0 32.0 0 32.0 0 40. 0 0 40.0 0 32.0 0 32.0 0 32.0 0 40.0 0 40.0032.0032.0040.00 40.00 32.00 32.00 40.00 40 . 0 0 32 . 0 0 32 . 0 0 40 . 0 0 40 . 0 0 32 . 0 0 32 . 0 0 40 . 0 0 59.33 14.4624.0028.0024.0059.3359.3324.0028.0024.0059.33 40 . 0 0 32 . 0 0 32 . 0 0 40 . 0 0 40 . 0 0 32 . 0 0 32 . 0 0 40 . 0 0 40 . 0 0 32 . 0 0 32 . 0 0 40 . 0 0 40 . 0 0 32 . 0 0 32 . 0 0 40 . 0 0 40 . 0 0 32 . 0 0 32 . 0 0 40 . 0 0 40 . 0 0 32 . 0 0 32 . 0 0 40 . 0 0 40 . 0 0 32 . 0 0 32 . 0 0 32 . 0 0 32 . 0 0 40 . 0 0 40 . 0 0 32 . 0 0 32 . 0 0 32 . 0 0 40 . 0 0 40 . 0 0 32 . 0 0 32 . 0 0 32 . 0 0 40 . 0 0 40 . 0 0 32 . 0 0 32 . 0 0 32 . 0 0 40 . 0 0 40 . 0 0 32 . 0 0 32 . 0 0 32 . 0 0 40 . 0 0 40 . 0 0 32 . 0 0 32 . 0 0 32 . 0 0 40 . 0 0 40 . 0 0 32 . 0 0 32 . 0 0 32 . 0 0 40 . 0 0 40.0032.0032.0040.00 40.00 32.00 32.00 40.00 40 . 0 0 40 . 0 0 32 . 0 0 40 . 0 0 32 . 0 0 40 . 0 0 40 . 0 0 32 . 0 0 32 . 0 0 32 . 0 0 40 . 0 0 40 . 0 0 32 . 0 0 32 . 0 0 32 . 0 0 40 . 0 0 N89°31'35"W 59.33 N89°31'35"W 59.33 24.00 59.33 59.33 24.00 28.00 24.00 59.33 14.46 S89°31'35"E 144.00 N89°31'35"W 144.00 S0 0 ° 2 8 ' 2 5 " W 1 7 6 . 0 0 N0 0 ° 2 8 ' 2 5 " E 1 7 6 . 0 0 S0 0 ° 2 8 ' 2 5 " W 1 7 6 . 0 0 N0 0 ° 2 8 ' 2 5 " E 1 7 6 . 0 0 S0 0 ° 2 8 ' 2 5 " W 1 7 6 . 0 0 S0 0 ° 2 8 ' 2 5 " W 1 4 4 . 0 0 N0 0 ° 2 8 ' 2 5 " E 1 4 4 . 0 0 N0 0 ° 2 8 ' 2 5 " E 1 4 4 . 0 0 S0 0 ° 2 8 ' 2 5 " W 1 4 4 . 0 0 N0 0 ° 2 8 ' 2 5 " E 1 4 4 . 0 0 S0 0 ° 2 8 ' 2 5 " W 1 4 4 . 0 0 N0 0 ° 2 8 ' 2 5 " E 1 6 1 . 0 0 N89°31'35"W 158.46 14.46 S89°31'35"E 144.00 S89°31'35"E 59.33 S89°31'35"E 59.33 S89°31'35"E 59.33 S89°31'35"E 59.33 N89°31'35"W 59.33 N89°31'35"W 59.33 S89°31'35"E 302.45 5 5 55 N89°31'35"W 435.33 N0 0 ° 2 8 ' 2 5 " E 59 . 3 3 S0 0 ° 2 8 ' 2 5 " W 59 . 3 3 S89°31'35"E 132.88 21.55 59.33 24.00 28.00 40 . 0 0 32 . 0 0 32 . 0 0 32 . 0 0 32 . 0 0 40 . 0 0 S89°40'28"E 194.66 59.3359.33 24.00 28.00 24.00 2 4 . 0 0 5 9 . 3 3 5 9 . 3 3 1 2 3 4 5 O U T L O T U 1 2 16 17 3 S89°31'35"E 92.71 N89°31'35"W 92.71 N0 0 ° 2 8 ' 2 5 " E 1 4 8 . 8 3 S0 0 ° 2 8 ' 2 5 " W 1 4 8 . 8 3 N0 0 ° 2 8 ' 2 5 " E 1 4 8 . 8 3 S89°31'35"E 152.32 N89°31'35"W 152.32 N0 0 ° 2 8 ' 2 5 " E 1 4 8 . 8 3 S89°31'35"E 250.44 N89°31'35"W 248.94 S0 0 ° 2 8 ' 2 5 " W 2 0 8 . 0 0 N0 0 ° 2 8 ' 2 5 " E 2 0 8 . 0 0 S0 0 ° 2 8 ' 2 5 " W 2 1 2 . 8 3 N0 0 ° 2 8 ' 2 5 " E 2 1 2 . 8 3 S0 0 ° 2 8 ' 2 5 " W 1 8 0 . 8 3 N0 0 ° 2 8 ' 2 5 " E 1 8 0 . 8 3 N0 0 ° 2 8 ' 2 5 " E 1 9 3 . 0 0 S89°40'28"E 175.28 S0 0 ° 1 9 ' 3 2 " W 2 0 3 . 2 9 N0 0 ° 1 9 ' 3 2 " E 2 3 3 . 5 7 N0 0 ° 1 9 ' 3 2 " E 1 7 6 . 0 0 S0 0 ° 1 9 ' 3 2 " W 1 9 1 . 2 2 S 4 1 ° 0 5 ' 3 1 " E 1 2 3 . 7 3 N74°25' 3 2 " E 1 7 6 . 0 0 S74°25' 3 2 " W 1 7 6 . 0 0 S74°25' 3 4 " W 2 8 9 . 8 7 N74°25' 3 4 " E 2 8 9 . 8 7 19 1 . 2 2 42 . 3 5 2 4 . 0 0 176.00 32.13 70.38 N 1 5 ° 3 4 ' 2 8 " W 8 3 . 3 3 S46 ° 3 7 ' 0 8 " W 59. 3 3 N46 ° 3 7 ' 0 8 " E 59.3 3 S 1 5 ° 3 4 ' 2 8 " E 8 3 . 3 3 S89°40'28"E 83.33 S89°40'28"E 59.33 S 4 3 ° 2 2 ' 5 2 " E 1 4 4 . 0 0 N 4 3 ° 2 2 ' 5 2 " W 1 4 4 . 0 0 L = 2 5 6 . 9 1 R = 1 3 9.0 0 Δ =105°54'00" S74°25' 3 2 " W 3 9 8 . 0 0 40.00 N71°18 ' 0 7 " E 32.92 S71°36 ' 4 5 " W 50.82 16.66 34.16 N68 ° 3 9 ' 1 3 " W 1 7 6 . 0 0 S68 ° 3 9 ' 1 3 " E 1 7 6 . 0 0 N 0 5 ° 0 8 ' 2 3 " W 8 9 . 2 1 N74°25' 3 2 " E 1 7 6 . 0 0 N 1 5 ° 3 4 ' 2 8 " W 8 4 . 1 6 N2 1 ° 2 0 ' 4 7 " E 59 . 3 3 N46 ° 3 5 ' 3 7 " E 44. 0 5 N2 1 ° 2 0 ' 4 7 " E 59 . 3 3 59 . 3 3 59 . 3 3 59 . 3 3 59 . 3 3 S63°3 0 ' 1 6 " W 39.58 59 . 3 3 59 . 3 0 59 . 3 3 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59 . 3 3 59 . 3 3 59 . 3 3 99 . 9 3 93 . 0 7 S89°40'28"E 59.33 S0 0 ° 1 9 ' 3 2 " W 1 1 2 . 0 0 N0 0 ° 1 9 ' 3 2 " E 1 2 1 . 9 8 59.33 59.33 5 9 . 3 3 5 9 . 3 3 5 9 . 3 3 5 9 . 3 3 59.3 3 59. 3 3 59. 3 3 59.33 59.33 59.33 59.33 59.33 59.33 59.33 59.33 N90°00'00"E 59.33 N0 0 ° 0 0 ' 0 0 " E 2 1 0 . 2 1 S0 0 ° 0 0 ' 0 0 " E 1 7 6 . 0 0 34 . 2 1 40 . 0 0 32 . 0 0 32 . 0 0 32 . 0 0 40 . 0 0 40 . 0 0 32 . 0 0 32 . 0 0 32 . 0 0 40 . 0 0 N 1 5 ° 3 4 ' 2 8 " W 5 9 . 3 3 5 9 . 3 3 5 9 . 3 3 5 9 . 3 3 5 9 . 3 3 5 9 . 3 3 5 9 . 3 3 5 9 . 3 3 5 9 . 3 3 5 9 . 3 3 S 1 5 ° 3 4 ' 2 8 " E 5 8 . 0 8 18OUTLOT A OUTLOT A OUTLOT C OUTLOT C OUTLOT B OUTLOT D N74°25' 3 2 " E 2 0 8 . 0 0 N0 0 ° 2 8 ' 2 5 " E 59 . 3 3 S0 0 ° 2 8 ' 2 5 " W 59 . 3 3 153.24 136.63 Δ =1 0 °2 6 '0 5 " L =3 0 .4 1 Δ=50°58'12" L=148.56 Δ = 1 7 ° 4 0 ' 2 7 " L = 5 1 . 5 1 Δ = 1 9 ° 4 4 ' 5 0 " L = 5 7 . 5 6 Δ =9 0 °0 8'53" L =19.15 R =1 2.17 Δ = 9 0 ° 0 0'00 " L = 1 9.12 R = 1 2.17 Δ=9 0 °0 0'00" L =1 9 .1 2 R =1 2 .17 Δ =90 ° 0 0 ' 0 0" L = 1 9 . 1 2 R = 1 2 . 1 7 Δ = 9 0 ° 0 0'00"L = 1 9.12 R = 1 2.17 Δ =9 0°00'00" L =1 9.12 R =1 2.17 11.36 OUTLOT E OU T L O T F OUTLOT G O U T L O T H 85.62 164.82 O U T L O T I O U T L O T J O U T L O T K O U T L O T M O U T L O T L O U T L O T O O U T L O T N OUTLOT P 163.3285.6276.1676.16 18 0 . 8 3 32 . 0 0 O U T L O T Q O U T L O T R O U T L O T S OUTLOT T D R A I N A G E & U T I L I T Y E A S E M E N T O V E R A L L O F O U T L O T R DRAINAGE & UTILITY EASEMENT OVER ALL OF OUTLOT P DRAINAGE & UTILITY EASEMENT OVER ALL OF OUTLOT G D R A I N A G E & U T I L I T Y E A S E M E N T O V E R A L L O F O U T L O T I D R A I N A G E & U T I L I T Y E A S E M E N T O V E R A L L O F O U T L O T H D R A I N A G E & U T I L I T Y E A S E M E N T O V E R A L L O F O U T L O T K D R A I N A G E & U T I L I T Y E A S E M E N T O V E R A L L O F O U T L O T J D R A I N A G E & U T I L I T Y E A S E M E N T O V E R A L L O F O U T L O T L D R A I N A G E & U T I L I T Y E A S E M E N T O V E R A L L O F O U T L O T M D R A I N A G E & U T I L I T Y E A S E M E N T O V E R A L L O F O U T L O T N D R A I N A G E & U T I L I T Y E A S E M E N T O V E R A L L O F O U T L O T O D R A I N A G E & U T I L I T Y E A S E M E N T O V E R A L L O F O U T L O T Q D R A I N A G E & U T I L I T Y E A S E M E N T O V E R A L L O F O U T L O T S DRAINAG E & U T I L I T Y EASEME N T O V E R A L L OF OUTL O T T D R A I N A G E & U T I L I T Y E A S E M E N T O V E R A L L O F O U T L O T U DRAINAG E & U T I L I T Y EASEME N T O V E R A L L OF OUTL O T E DRAINAG E & U T I L I T Y EASEME N T O V E R A L L OF OUTL O T D DR A I N A G E & U T I L I T Y EA S E M E N T O V E R A L L OF O U T L O T F 21.55 81 . 3 2 12 1 . 9 8 S0 0 ° 2 8 ' 2 5 " W 1 7 6 . 0 0 N0 0 ° 2 8 ' 2 5 " E 1 4 4 . 0 0 S0 0 ° 2 8 ' 2 5 " W 1 4 4 . 0 0 83.3391.95 9. 9 8 N0 0 ° 2 8 ' 2 5 " E 1 9 3 . 0 0 N0 0 ° 2 8 ' 2 5 " E 1 6 1 . 0 0 DRAINAGE & UTILITY EASEMENT OVER ALL OF OUTLOT C DRAINAG E & U T I L I T Y EASEME N T O V E R A L L OF OUTL O T C Δ =90°0 0 '0 0"L =1 9 .1 2 R =1 2 .1 7 Δ =90° 0 0 ' 0 0 " L= 1 9. 1 2 R= 1 2 . 1 7 Δ = 90 °0 0 '0 0 "L=1 9 .1 2 R=1 2 .1 7 Δ =82° 4 6 ' 4 1" L= 1 7 . 5 8 R= 1 2 . 1 7 15 . 2 2 77 EDGE OF WETLAND EDGE OF WETLAND EDGE OF WETLAND MEADOWVIEW COMMONS 2ND ADDITION SHEET 3 OF 3 SHEETS 0 SCALE IN FEET 50 100 LEGEND DENOTES FOUND 1/2 INCH IRON MONUMENT DENOTES 1/2 INCH DIA. x 18 INCH LONG IRON PIPE SET WITH PLASTIC CAP MARKED BY ISG, LICENSE NO. 45817, OR WILL BE SET IN ACCORDANCE WITH MN STATUTES SECTION 505.021, SUBD. 10 DENOTES FOUND CAST IRON MONUMENT C.R. DOC. NO. __________________________________ INSET 1 MEANDER RD HW Y 5 5 P I N T O D R HAMEL R D A R R O W H E A D D R 2 23860 1-TITLE DATE REVISION SCHEDULE DESCRIPTION BY SHEET TITLE PROJECT WITHOUT PRIOR WRITTEN CONSENT. INC. AND MAY NOT BE USED, COPIED OR DUPLICATED THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, PROJECT NO. FILE NAME DESIGNED BY ORIGINAL ISSUE DATE DRAWN BY CLIENT PROJECT NO. REVIEWED BY MEADOWVIEW COMMONS MEDINA, MINNESOTA PROJECT INDEX: LEGEND EXISTING CITY LIMITS ACCESS CONTROL SECTION LINE QUARTER SECTION LINE RIGHT OF WAY LINE PROPERTY / LOTLINE EASEMENT LINE CULVERT WATER EDGEW WET WETLAND BOUNDARY WETLAND / MARSH WATER FENCE LINEXXXX UT STORM SEWER SANITARY SEWER> SANITARY SEWER FORCEMAIN<II CONTOUR (MAJOR) I UNDERGROUND TELEPHONE OVERHEAD ELECTRICOE UNDERGROUND ELECTRICUE UNDERGROUND TVUTV GASG FBO UNDERGROUND FIBER OPTIC CONTOUR (MINOR) DECIDUOUS TREE CONIFEROUS TREE TREE LINE MANHOLE/STRUCTURE CATCH BASIN HYDRANT CURB STOP VALVE UTILITY PEDESTAL / CABINET POWER POLE 990 989 PROPOSED CULVERT STORM SEWER SANITARY FORCEMAIN<II WATERII OVERHEAD ELECTRICOE UNDERGROUND ELECTRICUE UNDERGROUND TVUTV GASG CONTOUR STORM MANHOLE CATCH BASINHYDRANT VALVE EASEMENT RIGHT OF WAY >> >> >> >> SANITARY SEWER 1015 LOT LINE OWNER: LENNAR 16305 36TH AVENUE NORTH PLYMOUTH, MN 554466 PROJECT ADDRESS / LOCATION: SEC 2 & 11 / TWP 118 / RNG 23 HENNEPIN COUNTY MEDINA, MINNESOTA PROJECT MANAGER: JERREMY FOSS EMAIL: JERREMY.FOSS@ISGINC.COM N S W E LENNAR HOMES ISG PROJECT # 20-23860 PROJECT LOCATION B.M. ELEVATION=1006.16 TNFH LOCATED APPOXIMATELY 180 FEET WEST OF THE NORTH WEST PROPERTY CORNER. MANAGING OFFICE: 6.ALL MANUFACTURED ARTICLES, MATERIALS AND EQUIPMENT SHALL BE APPLIED, INSTALLED, CONNECTED, ERECTED, CLEANED AND CONDITIONED ACCORDING TO MANUFACTURERS' INSTRUCTIONS. IN CASE OF DISCREPANCIES BETWEEN MANUFACTURERS' INSTRUCTIONS AND THE CONTRACT DOCUMENTS, NOTIFY ARCHITECT/ENGINEER BEFORE PROCEEDING WITH THE WORK. 7.ALL DISSIMILAR METALS SHALL BE EFFECTIVELY ISOLATED FROM EACH OTHER TO AVOID GALVANIC CORROSION. 8.THE LOCATION AND TYPE OF ALL INPLACE UTILITIES SHOWN ON THE PLANS ARE FOR GENERAL INFORMATION ONLY AND ARE ACCURATE AND COMPLETE TO THE BEST OF THE KNOWLEDGE OF I & S GROUP, INC. (ISG). NO WARRANTY OR GUARANTEE IS IMPLIED. THE CONTRACTOR SHALL VERIFY THE SIZES, LOCATIONS AND ELEVATIONS OF ALL INPLACE UTILITIES PRIOR TO CONSTRUCTION. CONTRACTOR SHALL IMMEDIATELY NOTIFY ENGINEER OF ANY DISCREPANCIES OR VARIATIONS FROM PLAN. 9.THE CONTRACTOR IS TO CONTACT "GOPHER STATE ONE CALL" FOR UTILITY LOCATIONS, MINIMUM 2 BUSINESS DAYS PRIOR TO ANY EXCAVATION / CONSTRUCTION (1-800-252-1166). 1.ALL WORK SHALL CONFORM TO THE CONTRACT DOCUMENTS, WHICH INCLUDE, BUT ARE NOT LIMITED TO, THE OWNER - CONTRACTOR AGREEMENT, THE PROJECT MANUAL (WHICH INCLUDES GENERAL SUPPLEMENTARY CONDITIONS AND SPECIFICATIONS), DRAWINGS OF ALL DISCIPLINES AND ALL ADDENDA, MODIFICATIONS AND CLARIFICATIONS ISSUED BY THE ARCHITECT/ENGINEER. 2.CONTRACT DOCUMENTS SHALL BE ISSUED TO ALL SUBCONTRACTORS BY THE GENERAL CONTRACTOR IN COMPLETE SETS IN ORDER TO ACHIEVE THE FULL EXTENT AND COMPLETE COORDINATION OF ALL WORK. 3.WRITTEN DIMENSIONS TAKE PRECEDENCE OVER SCALED DIMENSIONS. NOTIFY ARCHITECT/ENGINEER OF ANY DISCREPANCIES OR CONDITIONS REQUIRING INFORMATION OR CLARIFICATION BEFORE PROCEEDING WITH THE WORK. 4.FIELD VERIFY ALL EXISTING CONDITIONS AND DIMENSIONS. NOTIFY ARCHITECT/ENGINEER OF ANY DISCREPANCIES OR CONDITIONS REQUIRING INFORMATION OR CLARIFICATION BEFORE PROCEEDING WITH THE WORK. 5.DETAILS SHOWN ARE INTENDED TO BE INDICATIVE OF THE PROFILES AND TYPE OF DETAILING REQUIRED THROUGHOUT THE WORK. DETAILS NOT SHOWN ARE SIMILAR IN CHARACTER TO DETAILS SHOWN. WHERE SPECIFIC DIMENSIONS, DETAILS OR DESIGN INTENT CANNOT BE DETERMINED, NOTIFY ARCHITECT/ENGINEER BEFORE PROCEEDING WITH THE WORK. SPECIFICATIONS REFERENCE ALL CONSTRUCTION SHALL COMPLY WITH THE CITY OF MEDINA REQUIREMENTS AND MnDOT STANDARD SPECIFICATIONS FOR CONSTRUCTION, 2018 EDITION, AND THE STANDARD SPECIFICATIONS FOR SANITARY SEWER, STORM DRAIN AND WATERMAIN AS PROPOSED BY THE CITY ENGINEERS ASSOCIATION OF MINNESOTA 2013, UNLESS DIRECTED OTHERWISE. PROJECT DATUM HORIZONTAL COORDINATES HAVE BEEN REFERENCED TO THE NORTH AMERICAN DATUM OF 1983 (NAD83), 1996 ADJUSTMENT (NAD83(1996)) ON THE HENNEPIN COUNTY COORDINATE SYSTEM, IN U.S. SURVEY FEET. ELEVATIONS HAVE BEEN REFERENCED TO THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88). RTK GPS METHODS WERE USED TO ESTABLISH HORIZONTAL AND VERTICAL COORDINATES FOR THIS PROJECT. TOPOGRAPHIC SURVEY THIS PROJECT'S TOPOGRAPHIC SURVEY CONSISTS OF DATA COLLECTED IN JANUARY 2020 BY ISG. PROJECT GENERAL NOTES LOCATION MAP 0 SCALE IN FEET 1000 2000 OVERHEAD UTILITYOHL UNDERGROUND UTILITY 10/27/2020 ADD 1 - CITY COMMENTS EJR 49OF - TTK TTK JDF 08/12/2020 20-23860 1 TITLE SHEET GENERAL INFORMATION ---- ---- 1 1 CONSTRUCTION PLANS MEDINA MINNESOTA 7900 INTERNATIONAL DRIVE SUITE 550 MINNEAPOLIS, MN 55425 PHONE: 952.426.0699 BLOOMINGTON OFFICE TITLE SHEET GENERAL INFORMATION > SANITARY MANHOLE PHASE NO. SHEET INDEX 1 TITLE SHEET GENERAL INFORMATION 2 SITE PHASING PLAN 3 CONSTRUCTION NOTES 4-11 SITE DETAILS 12-14 UTILITY SCHEDULES 15 FINAL PLAT 16-18 SWPPP NOTES AND DETAILS 19 STORMWATER POLLUTION PREVENTION PLAN 20-21 EXISTING SITE REMOVAL PLAN 22-24 SITE UTILITY PLAN 25 HYDRANT COVERAGE & FIRE TRUCK PLAN 26-35 PLANNED STREET AND UTILITY CONSTRUCTION 36-38 STORM DRAIN DETAILS 39-42 GRADING PLAN 42 WETLAND BUFFER PLAN 43 SIGNAGE PLAN 44-49 LANDSCAPING PLAN 11/06/2020 ADD 2 - CITY COMMENTS JRS 12/11/2020 REVISED TO INCLUDE PHASE 2 JRS LIC. NO.DATE PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED JERREMY D. FOSS 02/26/2021 55871 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. LENNAR HOMES 08/12/2020 PHASE 1 GRADING PERMIT JRS MEADOWVIEW COMMONS 10/14/2020 REVISED PER CITY COMMENTS #1 JRS SUBDRAIN 02/26/2021 ADD 3 - PHASE 2 CITY COMMENTS JRS >> >>>> >> >> >> U U U U U BENCHMARK HYDRANT TNFH = 1006.16 >>> I I I I I I I I I I I I I W E T W E T WE T WET WET WET W E T WET WET WE T WE T WET W E T WE T WE T WE T W E T WET WET WET WE T WE T WE T WET WET WET WET W E T W E T W E T WE T MEANDER RD (CITY JURISDICTION) HW Y 5 5 > J U P E R T T R L F U T U R E T A M A R A C K D R . >> >> >> I I I I I I > > > > > > >> >> >> >> I I I I I I I I I I I I I >> 1234 1234 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1234 12341234 12345 123456 1 2 3 4 5 6 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 12345 1 2 3 4 5 1 2 3 12345 12345 1 2 3 4 5 1 2 3 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 6 14 12 9 4 578 1110 6 15 16 3 2 17 1 3 2 1 18 4 5 6 7 8 9 13 PHAS E 1 PHAS E 2 FIELD COURT J U B E R T D R I V E J U B E R T D R I V E - A J U B E R T D R I V E JUBERT D R I V E M I D D L E F I E L D R D - C M I D D L E F I E L D R D - A M I D D L E F I E L D R D - D M I D D L E F I E L D R D - B MIDDLEFIELD RD 23860 PHASE DATE REVISION SCHEDULE DESCRIPTION BY SHEET TITLE PROJECT WITHOUT PRIOR WRITTEN CONSENT. INC. AND MAY NOT BE USED, COPIED OR DUPLICATED THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, PROJECT NO. FILE NAME DESIGNED BY ORIGINAL ISSUE DATE DRAWN BY CLIENT PROJECT NO. REVIEWED BY 49OF 2 - 08/12/2020 20-23860 2 SITE PHASING PLAN ---- ---- 2 MEDINA MINNESOTA SITE PHASING PLAN 0 SCALE IN FEET 100 200 JRS JRS JDF LIC. NO.DATE PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED JERREMY D. FOSS 12/11/2020 55871 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. LENNAR HOMES 08/12/2020 PHASE 1 GRADING PERMIT JRS MEADOWVIEW COMMONS 10/14/2020 REVISED PER CITY COMMENTS #1 JRS SITE SUMMARY EXISTING ZONING:RR - RURAL RESIDENTIAL - URBAN RESERVE R3 - RESIDENTIAL MID DENSITY PROPOSED ZONING:R3 - RESIDENTIAL MID DENSITY GROSS AREA:1,134,410 SQ. FT / 26.04, AC. WETLAND AREA (ONSITE):219,368 SQ. FT / 5.04 AC. WETLAND IMPACTS:6,867 SQ. FT / 0.16 AC. WETLAND BUFFER AREA (ONSITE):56,629 SQ. FT / 1.30 AC. NET AREA:865,280 SQ. FT / 19.86 AC. PRIVATE ROAD EASEMENT:95,491 SQ. FT / 2.19 AC. PERVIOUS AREA:801,873 SQ. FT / 18.41 AC. IMPERVIOUS AREA:332,537 SQ. FT / 7.63 AC. NOTES: 1. NET AREA = GROSS AREA - (WETLAND AREA - WETLAND IMPACTS) -WETLAND BUFFER AREA 2. PERVIOUS AREA INCLUDES WETLAND, WETLAND BUFFER, DETENTION AND NON-PAVEMENT AREAS IN PRIVATE ROADWAY EASEMENT. PRODUCT TYPE TYPE PAD / UNIT SIZE UNIT QUANTITY CMS TOWNHOME 32 FT x 36.33 FT 125 TOTAL:125 DWELLING UNITS PER ACRE ALLOWED (DUA): 5-7 DUA 5 - 7 DUA PROVIDED: 125 / 19.86 AC 6.25 PARKING REQUIREMENTS REQUIRED:2 SPACES PER DWELLING 250 PROVIDED:250 GUEST REQUIRED:1 STALL PER 4 UNITS 125 / 4 = 31.25 32 GUEST PROVIDED:32 SETBACKS ZONING R3 PERIMETER 20' PRIVATE STREET 25' COLLECTOR OR ARTERIAL ROAD 40' BETWEEN BUILDINGS 30' 12/11/2020 REVISED TO INCLUDE PHASE 2 JRS >> >>>> >>>>>> >> >> >> >> >> >> >> >> EX CB T/C=996.33 INVERT N=991.30 12"RCP EX CB T/C=996.48 INVERT S=990.22 12"RCP INVERT E=989.75 21"RCP INVERT NW=989.63 18"RCP EX CB T/C=996.38 INVERT S=989.96 12"RCP INVERT N=989.74 15"RCP INVERT W=988.56 21"RCP INVERT E=988.48 24"RCP EX CB T/C=996.37 INVERT N=991.05 12"RCP EX CB T/C=996.33 INVERT S=991.32 12"RCP INVERT N=990.15 15"RCP INVERT W=987.83 24"RCP INVERT E=987.82 24"RCP EX CB T/C=996.43 INVERT N=992.27 12"RCP EX CB T/C=997.14 INVERT NW=991.29 12"RCP INVERT E=986.97 24"RCP INVERT W=986.92 24"RCP EX CB T/C=994.90 INVERT W=986.07 24"RCP INVERT E=986.00 24"RCP EX SAN MH R=995.78 INVERT S=976.56 INVERT NW=976.47 INVERT E=976.47 EX CB T/C=996.44 I=990.97 12"RCP U EX CB T/C=989.83 INVERT S=985.77 12"RCP INVERT W=985.22 24"RCP INVERT N=985.07 24"RCPEX CB T/C=989.94 INVERT N=986.06 12"RCP EX SAN MH R=984.92 INVERT W=975.16 INVERT E=975.16 I=985.10 EX DROP INTAKE R=996.14 I= >>>>> I I I I I I I I I I I I I I I I W E T WE T W E T WE T W E T WET WE T WET WE T W E T WE T WE T W E T W E T WET WET WET WET WET WET WE T WE T WE T WE T WE T W E T WET WET WE T W E T WE T W E T WE T W E T WE T WE T MEANDER RD (CITY JURISDICTION) > J U P E R T T R L EX CB T/C=996.44 INVERT NE=990.25 12"RCP INVERT SE=990.19 12"RCP INVERT W=986.68 24"RCP INVERT E=986.58 24"RCP F U T U R E T A M A R A C K D R . > > > > >> >> >> >> >> I I I I I I I I I I I I I I I I I >> 1234 1234 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1234 1234 1234 12345 123456 1 2 3 4 5 6 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 12345 1 2 3 4 5 1 2 3 12345 12345 1 2 3 4 5 1 2 3 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 6 WEST WET BASIN BOTTOM =977.00 NWL = 982.50 HWL=985.54 14 12 9 4 578 1110 6 15 16 3 2 17 1 3 2 1 18 4 5 6 7 8 9 13 EAST WET BASIN BOTTOM =978.00 NWL = 984.00 HWL=985.87 > > > > > > > > > > > > > > > > > > > > > > > >>>>>>> >> > > > > > > > > > > >> >> >> >> >> >> >> >> >> >> > > > > >> >> >> >> > > > > >> >> >> >> >> I I I I I I I I I I I I I I I I I IIIII I I I II III I I I >> > >> > >> > >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >> > >> > >> > > > > I I I I > > I I I I I I I I I I I I I II >> I I I I I S P - 3 ( 8 " ) S P - 9 ( 8 " ) P - 6 A ( 1 5 " ) P- 6 ( 1 8 " ) P-4 ( 2 4 " ) P-2 (24" ) P - 8 A ( 1 8 " ) P - 8 ( 1 8 " ) P - 7 ( 1 8 " ) P-11 ( 1 8 " ) P- 9 ( 2 4 " ) P- 1 6 A ( 2 4 " ) P-11A (18") P- 1 1 C ( 1 2 " ) P-15C (12") P- 1 5 B ( 1 5 " ) P-15 (18") P-14 ( 2 4 " ) P- 1 7 ( 2 4 " ) P- 2 2 ( 1 5 " ) P-21 (18")P-20 (24") P-2 B ( 1 2 " ) P-2A (12" ) 99 5 . 0 0 993. 5 0 994.75 994 . 4 0 99 4 . 7 5 99 5 . 2 5 999.00 998.00 998.00 999.00 1000.15 999.50 1 0 0 0 . 5 0 9 9 4 . 0 0 99 6 . 5 0 99 7 . 5 0 99 8 . 5 0 99 8 . 5 0 9 9 6 . 7 5 9 9 5 . 7 5 995.00 992.50 992.75 99 4 . 5 0 99 4 . 5 0 99 5 . 0 0 99 5 . 0 0 99 4 . 5 0 99 5 . 5 0 99 7 . 0 0 99 8 . 0 0 99 4 . 5 0 99 6 . 5 0 99 7 . 5 0 99 5 . 5 0 99 4 . 0 0 99 5 . 0 0 99 6 . 0 0 99 7 . 0 0 99 3 . 5 0 99 4 . 5 0 99 5 . 5 0 99 6 . 5 0 99 4 . 0 0 99 5 . 0 0 99 6 . 0 0 1000.50 99 5 . 7 5 995.00 994 . 5 0 99 3 . 5 0 99 3 . 5 0 P-8B (12" ) P-23 (30") P-24 (30") 8" WATERMAIN 8" W A T E R M A I N 8" W A T E R M A I N 8" WATER M A I N 1033 LF SUBSURFACE DRAINTILE (ALONG ENTIRE BACKYARD SWALE BETWEEN BASINS (SEE DETAIL) P-10 (24") HYD HYD HYD HYD LPLPLP LP LP HYD HYD HYD LP SP - 6 B ( 8 " ) 8" W A T E R M A I N SP - 1 4 ( 8 " ) SP - 1 3 ( 8 " ) SP - 1 0 ( 8 " ) P-18B (12") P - 1 8 A ( 1 2 " ) P-18 (18") P-19 (12") SP - 1 6 ( 8 " ) SP - 1 5 ( 8 " ) 8" W A T E R M A I N 8" W A T E R M A I N P-22A (12") P- 1 7 A ( 1 2 " ) EX 1 2 " W A T E R M A I N EX 12" WATERMAIN RETAININ G W A L L W / F E N C E ( S E E D E T A I L ) R E T A I N I N G W A L L W / F E N C E ( S E E D E T A I L ) HYD P- 1 3 ( 2 4 " ) P-11B ( 1 5 " ) TURF REINFORCEMENT MAT ALONG ENTIRE 50' OVERFLOW WEIR P-5 (18") P- 3 ( 2 4 " ) P-1 (24") TURF REINFORCEMENT MAT ALONG ENTIRE 50' OVERFLOW WEIR P-8D (1 2 " ) P-8C (12") REPLACE CASTING > I 4" SANITARY AND 1" WATER SERVICE (TYPICAL) 4" SANITARY AND 1" WATER SERVICE (TYPICAL) A-11C R=990.63 I=987.63 S-1 R=995.47 I=976.85 S-2 R=995.28 I=977.33 S-3 R=994.38 I=977.93 S-5 R=993.22 I=979.06 S-6 R=992.30 I=979.72 S-7 R=992.79 I=981.53 S-8 R=992.11 I=982.19 S-9 R=991.25 I=982.77 S-11 R=991.23 I=983.92 S-10 R=994.31 I=986.81 S-18 R=998.98 I=989.00 S-17 R=997.74 I=986.47 S-15 R=996.83 I=987.62 S-12 R=992.56 I=984.84 A-8B R=995.85 I=991.43 A-8A R=995.33 I=990.81 A-8 R=994.98 I=990.44 A-7 R=994.67 I=990.10 A-2A R=995.54 I=987.85 A-2 R=994.22 I=982.62 A-2B R=991.35 I=988.35 A-15C R=990.00 I=987.00 A-4 R=992.90 I=987.69 A-22 R=992.65 I=987.21 A-15B R=989.05 I=986.05 A-6 R=992.36 I=988.57 A-6A R=992.36 I=988.86 A-11 R=991.10 I=986.27 A-14 R=990.40 I=985.16 A-15 R=990.40 I=985.41 A-21 R=992.54 I=986.78 A-11A R=990.00 I=986.59 A-10 R=991.27 I=985.84 A-20 R=992.54 I=986.48 A-17 R=992.13 I=985.91 A-16A R=990.53 I=984.81 FES-1A I=984.00 (RIPRAP) FES-16 I=982.50 (RIPRAP) FES-24 I=982.00 (RIPRAP) A-24 R=986.50 I=982.25 FES-23 I=982.00 (RIPRAP) A-23 R=986.50 I=979.10 A-9 R=991.27 I=985.59 S-6A R=995.19 I=984.25 S-6B R=998.05 I=987.88 S-14 R=993.44 I=985.81 S-13 R=995.89 I=988.28 A-18 R=991.32 I=986.70 A-18A R=991.32 I=987.51 A-18B R=991.43 I=987.83 A-19 R=991.21 I=987.00 S-16 R=994.37 I=985.54 A-22A R=992.30 I=987.79 A-17A R=991.40 I=988.40 A-12 R=989.36 I=984.49 FES-12 I=982.50 (RIPRAP) FES-9 I=982.50 (RIPRAP) A-11B R=990.00 I=987.03 S-4 R=993.69 I=978.55 A-5 R=991.36 I=988.16 A-3 R=993.57 I=987.14 A-1 R=994.20 I=985.99 A-8D R=995.80 I=992.80 A-8C R=995.65 I=992.27 EX 12" VALVE SP-12 (8")SP-11 (8") SP-8 ( 8 " ) SP-7A (8") SP- 6 ( 8 " ) SP - 4 ( 8 " ) SP-17 (8 " ) SP-18 (8") 8" WATE R M A I N 8" WAT E R M A I N P-23A (30") FES-23A I=979.00 FES-25 I=997.28 FES-25A I=997.10 P-25 (10") MIDDLEFIELD RD M I D D L E F I E L D R D - C M I D D L E F I E L D R D - D M I D D L E F I E L D R D - B M I D D L E F I E L D R D - A J U B E R T D R I V E J U B E R T D R I V E - A JUBERT D R I V E FIELD COUR T J U B E R T D R I V E SUBSURFACE DRAINTILE ALONG ENTIRE BACKYARD SWALE BETWEEN BASINS (SEE DETAIL) A-6B R=992.67 I=989.17 P-6B (1 2 " ) C.O. R= 983.20 I= 981.40 C.O. R= 985.10 I= 983.35 C.O. R= 986.25 I= 984.50 C.O. R= 986.25 I= 984.50 SUBDRAIN DAYLIGHT I= 982.00 SUBDRAIN DAYLIGHT I= 977.50 A-26 R=991.25 I=987.00P-26 (12") FES-26 I=986.50 (RIPRAP) A-28 R=992.15 I=986.50 FES-28 I=986.00 (RIPRAP) P-28 (12") A-29 R=991.00 I=986.25 P-29 (12") FES-29 I=982.50 (RIPRAP) A-27 R=990.75 I=986.25 P-27 (12") FES-27 I=985.00 (RIPRAP)A-27 STORM RUN PART OF PHASE 1 P-24A (30") FES-24A I=980.50 HYD SALVAGE & RELOCATE TEMPORARY HYDRANT (PHASE 2)5''x 8'-0'' HYDRANT BREAK=1000.78 6" GV & BOX 12"x6" TEE 12 " W A T E R M A I N ( C 9 0 0 ) 8'' GV & BOX 12 " W A T E R M A I N ( C 9 0 0 ) STUB 12" WATERMAIN TO PROPERTY LINE AND PLUG 23860 UTILITY DATE REVISION SCHEDULE DESCRIPTION BY SHEET TITLE PROJECT WITHOUT PRIOR WRITTEN CONSENT. INC. AND MAY NOT BE USED, COPIED OR DUPLICATED THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, PROJECT NO. FILE NAME DESIGNED BY ORIGINAL ISSUE DATE DRAWN BY CLIENT PROJECT NO. REVIEWED BY 49OF 22 - 08/12/2020 20-23860 22 SITE UTILITY PLAN (OVERALL) ---- ---- 22 MEDINA MINNESOTA SITE UTILITY PLAN (OVERALL) 0 SCALE IN FEET 60 120 JRS JRS JDF LIC. NO.DATE PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED JERREMY D. FOSS 12/11/2020 55871 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. LENNAR HOMES 08/12/2020 PHASE 1 GRADING PERMIT JRS MEADOWVIEW COMMONS 10/14/2020 REVISED PER CITY COMMENTS #1 JRS UTILITY LEGEND EXISTING PROPOSED STORM DRAIN SANITARY SEWER SANITARY SEWER FORCEMAIN WATER MAIN HYDRANT VALVE >>>> >> <II <II I I FUTURE TAMARACK DR. DESIGN BY OTHERS GENERAL UTILITY NOTES: ·MINIMUM 4' DEPTH SANITARY SEWER SERVICE AT BUILDING. ·MINIMUM 7.5' DEPTH WATERMAIN AND WATER SERVICE ·MINIMUM 24" VERTICAL SEPARATION OR 18" SEPARATION WITH 4" INULATION WHEN CROSSING SANITARY, STORM OR SERVICES. ·VERIFY ALL UTILITY AS-BUILT ELEVATIONS. CITY OF MEDINA NOT RESPONSIBLE FOR ANY DISCREPANCIES. ·FOLLOW CITY OF MEDINA STANDARDS AND SPECIFICATIONS FOR ALL WATERMAIN AND SANITARY SEWER TESTING. COPIES OF ALL TEST RESULTS SHALL BE SUBMITTED TO CITY , OWNER, AND THE ENGINEER OF RECORD. ·THE CITY, OR AGENTS OF THE CITY, ARE NOT RESPONSIBLE FOR ERRORS AND OMISSIONS ON THE SUBMITTED PLANS. THE OWNER AND ENGINEER OF RECORD ARE RESPONSIBLE FOR CHANGES OR MODIFICATIONS REQUIRED DURING CONSTRUCTION TO MEET THE CITY'S STANDARDS. ·ALL SANITARY SEWER LESS THAN 7' IN DEPTH SHALL HAVE INSULATION INSTALLED FOR FROST PROTECTION 10/27/2020 ADD 1 - CITY COMMENTS EJS 11/06/2020 ADD 2 - CITY COMMENTS JRS LP = LIGHT POLE 12/11/2020 REVISED TO INCLUDE PHASE 2 JRS BUILDING ELEVATIONS LISTED = GARAGE FLOOR ELEVATION AT DRIVEWAY FUTURE TAMARCK DRIVE IMPROVEMETNS (BY OTHERS) FUTURE MEANDER RD IMPROVEMETNS (BY OTHERS) > > > > > > >> >> I I I I I I I I I I I I I I I I I I >> 1234 1234 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1234 1234 1234 12345 123456 1 2 3 4 5 6 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 12345 1 2 3 4 5 1 2 3 12345 12345 1 2 3 4 5 1 2 3 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 6 WEST WET BASIN BOTTOM =977.00 NWL = 982.50 HWL=985.54 14 12 9 4 578 1110 6 15 16 3 2 17 1 3 2 1 18 4 5 6 7 8 9 13 EAST WET BASIN BOTTOM =978.00 NWL = 984.00 HWL=985.87 >> >>>> >>>>>> >> >> >> >> >> >> >> >> U >>>>> I I I I I I I I I I I I I I WET W E T WE T W E T WE T W E T WET WE T WET WE T W E T WE T WE T W E T W E T WET WET WET WET WET WET WE T WE T WE T WE T WE T WET W E T WET WET WE T W E T WE T W E T WE T W E T WE T WE T MEANDER RD (CITY JURISDICTION) JU P E R T F U T U R E T A M A R A C K D R . >> > > > > >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> CALCULATED ZONE A FLOODPLAIN >> - 4 . 5 % - 5 . 9 % - 7 . 7 % - 6 . 9 % - 6 . 0 % -5.0 %-4.6 % -5.2 % -6.5 % -4.7% -6.3% -4.6% -6.9% -5.4% -6.7% -8.1% -6.1% -4.6% -5.8% -4.7% -5.0% -4.3% -6.1% -5.4%-6.8% -8.1% -6.3% -7.0% -7.7%-5.3% -5.8% -7.5% -6.1%-6.1% -7.8% -5.9% -6.7%-6.9%-8.0% -5.8% -4.1% 2.0%-2.2% -4.3% -4.3% -8.0% -7 . 1 % -7 . 5 % -8 . 4 % -8 . 8 % -6 . 1 % -6 . 3 % -7 . 6 % -8 . 1 % -4 . 4 % -5 . 0 % -4 . 1 % -3 . 7 % -4.0% -5.7% -7.5% -8.9% -5.7% -6.2% -5.1% -6.8% -5.6% -6.6% -4.6% - 4 . 9 % - 6 . 6 % - 7 . 0 % - 7 . 4 % - 4 . 7 % - 4 . 1 % - 4 . 5 % - 6 . 2 % - 7 . 3 % - 7 . 4 % - 6 . 7 % - 5 . 7 % - 5 . 7 % - 4 . 3 % - 4 . 6 % - 5 . 7 % - 6 . 1 % - 7 . 3 % - 7 . 4 % - 8 . 9 % -3.8% -6.2% -3.6% -5.7% -4.2% - 5 . 7 % - 4 . 3 % - 5 . 4 % - 4 . 8 % - 4 . 7 % - 7 . 1 % - 7 . 0 % - 6 . 5 % - 5 . 4 % -6.1% -7.1% -8.4% -4.3% -5.1% -5.7% -4.7% -7.0% -8.0% -4.5% -4.4% -5. 5 % -6. 8 % -6. 4 % -6. 0 % -4. 0 % -4.7 % -4.2 % -5.7 % -5.7 % -8.1 % RET A I N I N G W A L L W / F E N C E ( S E E D E T A I L ) RETAININ G W A L L W / F E N C E ( S E E D E T A I L ) RET A I N I N G W A L L W / F E N C E ( S E E D E T A I L ) MATCH INTO EXISTING GRADE AT PROPERTY LINE 9 9 6 99 5 99 4 996997 99 6 997 997 991 9 9 3 994 992 991 992 993 993 985 982 985 990989 991 983 985986 985 991 992 993 994 1000 99 5 99 4 99 3 992 996 994 992 99 7 99 6 99 5 99 7 9 9 6 995 997 995 998 999 1000 997 998 1000 9 9 8 999 999 1 0 0 0 1000 99 7 997 9 9 8 997 997 997 997 99 5 9 9 5 9 9 4 980985981982983984 990 98 5 98 5 9 8 0 9 7 8 9 7 9 9 8 1 9 8 2 9 8 3 9 8 5 9 8 4 9 8 6 9 9 0 994 9 9 3 99 2 9 9 1 9 9 3 988 98 7 98 5 985 981 990 986987 CALCULATED ZONE A FLOODPLAIN PHASE 1 PHASE 2 PH A S E 1 PH A S E 2 98 0 980 9 8 5 98 5 99 0 9 9 0 99 5 10 0 0 97 6 97 6 9 7 7 977 97 7 97 8 978 97 9 97 9 98 1 981 98 2 982 98 3 983 984 984 98 4 9 8 4 9 8 6 98 6 9 8 7 9 8 7 98 8 98 8 98 9 9 8 9 991 9 9 1 992 9 9 2 99 3 99 4 99 6 997 998 99 9 985990 99 5 1000 98 698 7 9 8 8 9 8 999 1 992 99 3 99 4 996 996 996 99 7 997 997 997 997 99 7 9 9 7 9 9 8 999 985 990 995 100 0 984 986 987 988 989 991 992 993 994 996 997 998 999 980 985 990 995 1000 981 982 983 984 986 987 988 989 991 992 993 994 996 997 997 997 998 999 MIDDLEFIELD RD M I D D L E F I E L D R D - C M I D D L E F I E L D R D - D M I D D L E F I E L D R D - B M I D D L E F I E L D R D - A J U B E R T D R I V E J U B E R T D R - A JUBERT D R I V E FIELD COUR T J U B E R T D R I V E 99 5 . 0 0 993 . 5 0 994.75 994 . 4 0 99 4 . 7 5 99 5 . 2 5 999.00 998.00 998.00 999.00 1000.15 999.50 1 0 0 0 . 5 0 9 9 4 . 0 0 99 6 . 5 0 99 7 . 5 0 99 8 . 5 0 99 8 . 5 0 9 9 6 . 7 5 9 9 5 . 7 5 995.00 992.50 992.75 99 4 . 5 0 99 4 . 5 0 99 5 . 0 0 99 5 . 0 0 99 4 . 5 0 99 5 . 5 0 99 7 . 0 0 99 8 . 0 0 99 4 . 5 0 99 6 . 5 0 99 7 . 5 0 99 5 . 5 0 99 4 . 0 0 99 5 . 0 0 99 6 . 0 0 99 7 . 0 0 99 3 . 5 0 99 4 . 5 0 99 5 . 5 0 99 6 . 5 0 99 4 . 0 0 99 5 . 0 0 99 6 . 0 0 1000.50 99 5 . 7 5 995.00 994. 5 0 99 3 . 5 0 99 3 . 5 0 -5 . 3 % 98 6 98 7 98 8 98 9 99 0 989 987 985 984 990 9 8 9 9 8 8 9 8 7 9 8 6 98 5 98 4 984 9 8 4 986985 986985 -2. 1 % -2 . 5 % -2 . 0 % - 4 . 5 % -2 . 4 % -2 . 3 % -2 . 1 % -2 . 1 % - 2 . 0 % - 2 . 1 % - 2 . 1 % -3. 1 % -2.0% -1.8% -2.1% -2.2%-2.7% -2.6% -2.1% - 2 . 0 % -2.0% -2 . 0 % -2.9 % -2 . 0 % -2.1% -2 . 2 % - 2 . 6 % -2. 0 % -2 . 0 % -2 . 0 % -2.0% -2.8% -2 . 0 % - 2 . 9 % -2. 0 % -2.0% 983 982 981 982 983 984 9 8 3 98 2 -2.1 % PH A S E 2 R E T A I N I N G W A L L W / F E N C E ( S E E D E T A I L ) -2.0%-2.0%-2.0% -2.1% >> 23860 GRADE DATE REVISION SCHEDULE DESCRIPTION BY SHEET TITLE PROJECT WITHOUT PRIOR WRITTEN CONSENT. INC. AND MAY NOT BE USED, COPIED OR DUPLICATED THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, PROJECT NO. FILE NAME DESIGNED BY ORIGINAL ISSUE DATE DRAWN BY CLIENT PROJECT NO. REVIEWED BY 49OF 39 - 08/12/2020 20-23860 39 OVERALL GRADING PLAN ---- ---- 39 MEDINA MINNESOTA OVERALL GRADING PLAN 0 SCALE IN FEET 60 120 JRS JRS JDF LIC. NO.DATE PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED JERREMY D. FOSS 12/11/2020 55871 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. LENNAR HOMES 08/12/2020 PHASE 1 GRADING PERMIT JRS MEADOWVIEW COMMONS 10/14/2020 REVISED PER CITY COMMENTS #1 JRS FUTURE TAMARACK DR. DESIGN BY OTHERS WETLAND LEGEND WETLAND BUFFER COMPENSATORY WETLAND STORAGE GRADING VOLUME = 396 CY PROPOSED FLOODPLAIN LOCATION APPROXIMATE FLOODPLAIN GRADING EXTENTS 10/27/2020 ADD 1 - CITY COMMENTS EJS 11/06/2020 ADD 2 - CITY COMMENTS JRS 12/11/2020 REVISED TO INCLUDE PHASE 2 JRS BUILDING ELEVATIONS LISTED = GARAGE FLOOR ELEVATION AT DRIVEWAY FUTURE TAMARACK DRIVE IMPROVEMENTS (BY OTHERS) FUTURE MEANDER RD IMPROVEMENTS (BY OTHERS) 2/19/2021 ADD 3 - CITY COMMENTS PHASE 2 EJS >> >>>> >>>>>> >> >> >> >> >> >> >> >> U >>>>> I I I I I I I I I I I I I I I I I WE T W E T WE T W E T WET WE T WET WE T W E T WE T WE T W E T W E T WET WET WET WET WET WET WE T WE T WE T WE T WE T WET W E T WET WET WE T W E T WE T WE T WE T W E T WE T WE T MEANDER RD (CITY JURISDICTION) > J U P E R T T R L F U T U R E T A M A R A C K D R . W E T WET WET WE T W E T WE T > > >> >> I I I I I I I I I I I I I I I I >> 1234 1234 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1234 12341234 12345 123456 1 2 3 4 5 6 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 12345 1 2 3 4 5 1 2 3 12345 12345 1 2 3 4 5 1 2 3 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 6 WEST WET BASIN BOTTOM =977.00 NWL = 982.50 HWL=985.54 14 12 9 4 578 1110 6 15 16 3 2 17 1 3 2 1 18 4 5 6 7 8 9 13 EAST WET BASIN BOTTOM =978.00 NWL = 984.00 HWL=985.87 35' W E T L A N D BUFF E R 25' WE T L A N D BUFFE R WB WB WB WB WB WB WB WB WB WB WB WB WB WB WB WB WB WB WB WB WB WB WB WB WB WB WB WB WB WB WBWB MIDDLEFIELD RD M I D D L E F I E L D R D - C M I D D L E F I E L D R D - D M I D D L E F I E L D R D - B M I D D L E F I E L D R D - A J U B E R T D R I V E J U B E R T D R - A JUBERT D R I V E FIELD COUR T J U B E R T D R I V E 23860 WETLAND DATE REVISION SCHEDULE DESCRIPTION BY SHEET TITLE PROJECT WITHOUT PRIOR WRITTEN CONSENT. INC. AND MAY NOT BE USED, COPIED OR DUPLICATED THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, PROJECT NO. FILE NAME DESIGNED BY ORIGINAL ISSUE DATE DRAWN BY CLIENT PROJECT NO. REVIEWED BY 49OF 42 - 08/12/2020 20-23860 42 WETLAND BUFFER PLAN ---- ---- 42 MEDINA MINNESOTA WETLAND BUFFER PLAN 0 SCALE IN FEET 60 120 JRS JRS JDF LIC. NO.DATE PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED JERREMY D. FOSS 12/11/2020 55871 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. LENNAR HOMES 08/12/2020 PHASE 1 GRADING PERMIT JRS MEADOWVIEW COMMONS 10/14/2020 REVISED PER CITY COMMENTS #1 JRS WETLAND LEGEND WETLAND IMPACT AREA (6,867 SF / 0.16 AC) REQUIRED AVERAGE WETLAND BUFFER (83,195 SF / 1.91 AC) POTENTIAL EXCESS WETLAND BUFFER AREA (1,543 SF / 0.035 AC) AVERAGE BUFFER AREA NOT IN COMPLIANCE (657 SF / 0.015 AC) WETLAND BUFFER WETLAND BUFFER SIGN (TO BE PLACED AT PROPERTY LINE OR BUFFER EDGE WETLAND 3 IMPACT 2,350 SF WETLAND 1 IMPACT 4,354 SF WETLAND 2 IMPACT 163 SF ADDITIONAL WETLAND BUFFER: 993 SF ADDITIONAL WETLAND BUFFER: 551 SF CALCULATED ZONE A FLOODPLAIN ELEV = 982.26 WB 12/11/2020 REVISED TO INCLUDE PHASE 2 JRS >> >>>> >>>>>> >> >> >> >> >> >> >> >> U >>>>> I I I I I I I I I I I I I I I I I WE T W E T W E T WE T WET WE T W E T WE T WE T W E T W E T WET WET WET WET WET WET WE T WE T WE T WE T WE T WET W E T WET WET WE T W E T WE T W E T WE T W E T WE T WE T MEANDER RD (CITY JURISDICTION) > J U P E R T T R L F U T U R E T A M A R A C K D R . > > >> >> I I I I I I I I I I I I I I I >> 1234 1234 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1234 1234 1234 12345 123456 1 2 3 4 5 6 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 12345 1 2 3 4 5 1 2 3 12345 12345 1 2 3 4 5 1 2 3 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 6 14 12 9 4 578 1110 6 15 16 3 2 17 1 3 2 1 18 4 5 6 7 8 9 13 PROPOSED FUTURE MEANDER RD TURNLANE IMPROVEMENTS PHAS E 1 PHAS E 2 MIDDLEFIELD RD M I D D L E F I E L D R D - C J U B E R T D R J U B E R T D R - A JUBERT D R FIELD COUR T J U B E R T D R M I D D L E F I E L D R D - A M I D D L E F I E L D R D - D M I D D L E F I E L D R D - B 23860 SIGNAGE DATE REVISION SCHEDULE DESCRIPTION BY SHEET TITLE PROJECT WITHOUT PRIOR WRITTEN CONSENT. INC. AND MAY NOT BE USED, COPIED OR DUPLICATED THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, PROJECT NO. FILE NAME DESIGNED BY ORIGINAL ISSUE DATE DRAWN BY CLIENT PROJECT NO. REVIEWED BY 49OF 44 - 08/12/2020 20-23860 44 SIGNAGE & STRIPING PLAN ---- ---- 44 MEDINA MINNESOTA SIGNAGE & STRIPING PLAN 0 SCALE IN FEET 60 120 JRS JRS JDF LIC. NO.DATE PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED JERREMY D. FOSS 12/11/2020 55871 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. LENNAR HOMES 08/12/2020 PHASE 1 GRADING PERMIT JRS MEADOWVIEW COMMONS 10/14/2020 REVISED PER CITY COMMENTS #1 JRS SIGN LEGEND SIGN DESCRIPTION SIZE QUANTITY R1-1 (STOP SIGN)30"x30"4 R3-8FL (NO PARKING FIRE LANE)12"x18"32 STREET SIGN CITY OF MEDINA STANDARDS 4 R3-8FL (NO PARKING FIRE LANE) SPACED APPROXIMATELY EVERY 225 FT ALL SIGNS TO BE INSTALLED PER MnDOT STANDARD SIGNAGE PLANS STREET SIGNS PER CITY OF MEDINA STANDARDS R3-8FL R3-8FL R3-8FL R3-8FL R3-8FL R3-8FL R3-8FL R3-8FL R3-8FL R3-8FL R3-8FL R3-8FL R3-8FL R3-8FL R3-8FL R3-8FLR3-8FL 24" WIDE SOLID WHITE STOP BAR 24" WIDE SOLID WHITE STOP BAR STREET SIGN STREET SIGN STREET SIGN STREET SIGN R3-8FL 12/11/2020 REVISED TO INCLUDE PHASE 2 JRS FUTURE TAMARACK DRIVE IMPROVEMENTS (BY OTHERS) FUTURE MEANDER RD IMPROVEMENTS (BY OTHERS) >>>>>>>> >> I I I I I WE T WE T W E T WE T W E T WE T WET W E T WE T WE T W E T WE T WET WET W E T W E T WE T W E T WE T WE T MEANDER RD (CITY JURISDICTION) F U T U R E T A M A R A C K D R . >> >> >> >> >> >> >> >> I I I I I I I I I I I I I I I I I I >>>> WEST WET BASIN BOTTOM =977.00 NWL = 982.50 HWL=985.54 14 12 9 4 578 1110 6 15 16 3 13 > > > > > > > >>>>>>> > > > > > > > > > > > > (14) TI (13) TI (3) TI (3) TI (3) TI (3) TI 23860 LAND DATE REVISION SCHEDULE DESCRIPTION BY SHEET TITLE PROJECT WITHOUT PRIOR WRITTEN CONSENT. INC. AND MAY NOT BE USED, COPIED OR DUPLICATED THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, PROJECT NO. FILE NAME DESIGNED BY ORIGINAL ISSUE DATE DRAWN BY CLIENT PROJECT NO. REVIEWED BY 49OF 48 - 08/12/2020 20-23860 48 LANDSCAPE PLAN (WEST) ---- ---- 48 MEDINA MINNESOTA LANDSCAPE PLAN (WEST) 0 SCALE IN FEET 50 100 AET DPP DPP TREES COMMON / BOTANICAL NAME AM Green Mountain Sugar Maple Acer saccharum `Green Mountain` TM AP Emerald Lustre Maple Acer platanoides `Pond` TM AS Red Sunset Maple Acer rubrum `Red Sunset` GI Imperial Honeylocust Gleditsia triacanthos inermis `Impcole` TM QB Swamp White Oak Quercus bicolor TM Sentry Linden Tilia americana `McKSentry` UV American Elm Ulmus americana `Valley Forge` EVERGREEN TREE COMMON / BOTANICAL NAME AB Balsam Fir Abies balsamea PA Norway Spruce Picea abies PB Black Hills Spruce Picea glauca densata PW White Pine Pinus strobus TT Techny Arborvitae Thuja occidentalis `Techny` ORNAMENTAL TREE COMMON / BOTANICAL NAME MS Pink Spires Crab Apple Malus x `Pink Spires` MS2 Snowdrift Crab Apple Malus x `Snowdrift` SR Japanese Tree Lilac Syringa reticulata DECIDUOUS SHRUBS COMMON / BOTANICAL NAME FF Northern Sun Forsythia Forsythia x `Northern Sun` RG Gro-Low Fragrant Sumac Rhus aromatica `Gro-Low` SA Common White Lilac Syringa vulgaris `Alba` SV Common Lilac Syringa vulgaris VA American Cranberrybush Viburnum trilobum EVERGREEN SHRUBS COMMON / BOTANICAL NAME TI Green Giant Arborvitae Thuja x `Green Giant` PLANT SCHEDULE LIC. NO.DATE PROFESSIONAL LANDSCAPE ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED DANYELLE P. PIERQUET 4912112/11/2020 LENNAR HOMES MEADOW VIEW MASTER PLAN 12/11/2020 REVISED TO INCLUDE PHASE 2 JRS 02/26/2021 ADD 3 - PHASE 2 CITY COMMENTS DPP 23860 LAND DATE REVISION SCHEDULE DESCRIPTION BY SHEET TITLE PROJECT WITHOUT PRIOR WRITTEN CONSENT. INC. AND MAY NOT BE USED, COPIED OR DUPLICATED THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, PROJECT NO. FILE NAME DESIGNED BY ORIGINAL ISSUE DATE DRAWN BY CLIENT PROJECT NO. REVIEWED BY 49OF 49 - 08/12/2020 20-23860 49 LANDSCAPE NOTES & DETAILS ---- ---- 49 MEDINA MINNESOTA LANDSCAPE NOTES & DETAILS AET DPP DPP 1.COORDINATE LOCATION OF ALL UTILITIES (LINES, DUCTS, CONDUITS, SLEEVES, FOOTINGS, ETC.) WITH LOCATIONS OF PROPOSED LANDSCAPE ELEMENTS (FENCE, FOOTINGS, TREE ROOTBALLS, ETC.). CONTRACTOR SHALL REPORT ANY DISCREPANCIES TO OWNER'S REPRESENTATIVE PRIOR TO CONTINUING WORK. 2.SAVE AND PROTECT ALL EXISTING TREES NOT NOTED TO BE REMOVED. 3.REMOVE ALL CONSTRUCTION DEBRIS AND MATERIALS INJURIOUS TO PLANT GROWTH FROM PLANTING PITS AND BEDS PRIOR TO BACKFILLING WITH PLANTING MIX. 4.REFER TO PLANTING AND SITE DETAILS FOR AMENDED SOIL DEPTH IN PLANTING BEDS AND SURROUNDING TREES. PLANTING MIXTURE PLACED PER MNDOT SPEC 2571. 4.LAWN AREAS SHALL HAVE 6" MINIMUM DEPTH OF TOPSOIL. TOPSOIL SHALL BE COMPACTED TO 85% MAXIMUM DENSITY AT OPTIMUM MOISTURE CONTENT. 5.FIELD STAKE PLANTINGS ACCORDING TO PLAN. OWNER'S REPRESENTATIVE SHALL APPROVE ALL PLANT LOCATIONS PRIOR TO INSTALLATION. OWNER RESERVES THE RIGHT TO REVISE PLANTING LAYOUT AT TIME OF INSTALLATION. ADJUST SPACING OF PLANT MATERIALS AROUND ADJACENT UTILITY STRUCTURES. 6.ALL PLANT MATERIALS SHALL BE TRUE TO THEIR SCIENTIFIC NAME AND SIZE AS INDICATED IN THE PLANT SCHEDULE. 7.IF DISCREPANCIES EXIST BETWEEN THE NUMBER OF PLANTS DRAWN ON THE PLANTING PLAN AND THE NUMBER OF PLANTS IN THE SCHEDULE, THE PLANTING PLAN SHALL GOVERN. 8.OWNER RESERVES THE RIGHT TO REVISE QUANTITIES TO SUIT BUDGET LIMITATIONS. CONTRACTOR'S UNIT BID PRICES SHALL PREVAIL FOR ANY CHANGES IN QUANTITIES. 9.ANY PROPOSED SUBSTITUTIONS OF PLANT SPECIES SHALL BE MADE WITH PLANTS OF EQUIVALENT OVERALL FORM, HEIGHT, BRANCHING HABIT, FLOWER, LEAF, COLOR, FRUIT AND CULTURE, AND ONLY AFTER WRITTEN APPROVAL OF THE OWNER'S REPRESENTATIVE AND OWNER. 10.ALL PLANT MATERIALS MUST CONFORM TO AMERICAN STANDARDS FOR NURSERY STOCK (A.N.S.I.), LATEST EDITION PUBLISHED BY THE AMERICAN ASSOCIATION OF NURSERYMEN, WASHINGTON D.C. LARGER SIZED PLANT MATERIALS OF THE SPECIES LISTED MAY BE USED IF THE STOCK CONFORMS TO A.N.S.I. 11.ALL PLANT MATERIAL SHALL BE GUARANTEED TO BE IN A LIVE AND HEALTHY GROWING CONDITION FOR TWO FULL GROWING SEASONS (TWO YEARS) AFTER FINAL PROJECT ACCEPTANCE OR SHALL BE REPLACED BY THE CONTRACTOR FREE OF CHARGE WITH THE SAME GRADE AND SPECIES. 12.ALL TREES SHALL HAVE A STRONG CENTRAL LEADER. ANY TREES DEEMED NOT TO HAVE A STRONG CENTRAL LEADER SHALL BE REJECTED. 13.CONTRACTOR IS RESPONSIBLE FOR ALL DAMAGE DUE TO OPERATIONS. ANY AREAS THAT ARE DISTURBED SHALL BE RESTORED TO ITS ORIGINAL CONDITION AT NO ADDITIONAL COST TO THE OWNER. 14.PROVIDE SHREDDED HARDWOOD MULCH WITHOUT WEED BARRIER TO A 4-FOOT DIAMETER AROUND ALL TREES AND INDIVIDUAL SHRUBS. SHRUBS IN MASSES SHALL BE MULCH IN A BED WITH A SPADE EDGE. 15.INDICATED QUANTITIES ARE ESTIMATES AND SHOULD BE CONFIRMED BY THE CONTRACTOR/BIDDER. GENERAL PLANTING NOTES DECIDUOUS TREE PLANTING DETAIL SCALE: 1" = 1'-0" TOP OF ROOTBALL TO BE SET ABOVE GRADE 3" CUT AND REMOVE AT MINIMUM THE TOP HALF OF WIRE BASKETS, BURLAP AND/OR TWINE AND REMOVE FROM THE PLANTING PIT. AVOID CUTTING OR SCARING ROOTS. ANY ROOTS THAT ARE SCARED OR BROKEN DURING PLANTING SHOULD BE CUT CLEAN AT 90 DEGREES BACKFILL PLANTING PIT PER TREE PLANTING SPECIFICATIONS WHEN PROVIDED, OR WITH NATIVE SOIL-EXCEPT WHEN IN HEAVY CLAY, MIX AMENDED TOPSOIL FROM A LOCAL SOURCE WITH NATIVE SOIL EXCAVATE PLANTING PIT TO A DEPTH EQUAL TO THE DEPTH OF THE ROOTBALL MINUS 3" AND A MINIMUM TWICE THE DIAMETER OF THE ROOTBALL PLACE ROOTBALL ON UNDISTURBED SOIL AND ENSURE TRUNK OF TREES IS PLUMB 3"LAYER OF SHREDDED HARDWOOD MULCH MOUNDED AT EDGE TO FORM A SHALLOW SAUCER - DO NOT PLACE MULCH DIRECTLY ON TREE TRUNK, LEAVE A MIN. 3" RING AROUND CROWN ROOTBALL DIA 2X ROOTBALL DIA DEPTH OF ROOTBALL NEVER CUT PRIMARY LEADER PRUNE ALL BROKEN, DAMAGED, OR RUBBING LIMBS AND BRANCHES IMMEDIATELY AFTER PLANTING - ALL PRUNING CUTS CLEAN AT 90 DEGREES *NOTE: DO NOT STAKE TREES UNLESS INDICATED. FINISH GRADE TIE NYLON STRAPPING AROUND TRUNK AS SHOWN 1/2" WIDE NYLON STRAPPING - COLOR TO BE APPROVED BY LANDSCAPE ARCHITECT ORANGE CAUTION MARKERS #4 REBAR, 18" LONG - DRIVE TOP STAKE BELOW GRADE STAKING DIAGRAM CONIFER / EVERGREEN TREE PLANTING DETAIL SCALE: 1" = 1'-0" TIE NYLON STRAP AROUND TRUNK AS SHOWN CUT AND REMOVE AT MINIMUM THE TOP HALF OF WIRE BASKETS, BURLAP AND/OR TWINE AND REMOVE FROM THE PLANTING PIT. AVOID CUTTING OR SCARING ROOTS. ANY ROOTS THAT ARE SCARED OR BROKEN DURING PLANTING SHOULD BE CUT CLEAN AT 90 DEGREES BACKFILL PLANTING PIT PER TREE PLANTING SPECIFICATIONS WHEN PROVIDED, OR WITH NATIVE SOIL-EXCEPT WHEN IN HEAVY CLAY, MIX AMENDED TOPSOIL FROM A LOCAL SOURCE WITH NATIVE SOIL EXCAVATE PLANTING PIT TO A DEPTH EQUAL TO THE DEPTH OF THE ROOTBALL MINUS 3" AND A MINIMUM TWICE THE DIAMETER OF THE ROOTBALL 3" LAYER OF SHREDDED HARDWOOD MULCH MOUNDED AT EDGE TO FORM A SHALLOW SAUCER - DO NOT PLACE MULCH DIRECTLY ON TREE TRUNK, LEAVE A MIN. 3" RING AROUND CROWN ROOTBALL DIA 1.5 X ROOTBALL DIA DEPTH OF ROOTBALL NEVER CUT PRIMARY LEADER PRUNE ALL BROKEN, DAMAGED, OR RUBBING LIMBS AND BRANCHES IMMEDIATELY AFTER PLANTING - ALL PRUNING CUTS CLEAN AT 90 DEGREES TREES 8'+TREES 6'-8' TOP OF ROOTBALL TO BE SET ABOVE GRADE 3" 1/2" WIDE NYLON STRAPPING - COLOR TO BE APPROVED BY LANDSCAPE ARCHITECT *NOTE: DO NOT STAKE TREES UNLESS INDICATED. STAKING DIAGRAM, NO STAKING TREES UNDER 6' CITY LANDSCAPE REQUIREMENTS DESIGN IS BASED ON R3 ZONING STANDARDS. OVERSTORY TREES - 99 REQUIRED / 99 PROVIDED ORNAMENTAL TREES - 49 REQUIRED / 49 PROVIDED SHRUBS - 148 REQUIRED / 148 PROVIDED REPLACEMENT INCHES OF TREES - 52.2 REQUIRED / 54 PROVIDED LIC. NO.DATE PROFESSIONAL LANDSCAPE ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED DANYELLE P. PIERQUET 4912112/11/2020 LENNAR HOMES MEADOW VIEW MASTER PLAN SHRUB PLANTING DETAIL SCALE: 1" = 1'-0" 3" LAYER OF MULCH, PER PLANS & NOTES BACKFILL PLANTING PIT PER SHRUB PLANTING SPECIFICATIONS WHEN PROVIDED, OR WITH NATIVE SOIL-EXCEPT WHEN IN HEAVY CLAY, MIX AMENDED TOPSOIL FROM A LOCAL SOURCE WITH NATIVE SOIL EXCAVATE PLANTING PIT TO A DEPTH EQUAL TO THE DEPTH OF THE ROOTBALL / CONTAINER MINUS 3" AND A MINIMUM TWICE THE DIAMETER OF THE ROOTBALL / CONTAINER - TILL ALL PLANTING BEDS TO A MINIMUM DEPTH OF 6" THROUGHT PLACE ROOTBALL ON UNDISTURBED SOIL AND ENSURE PLANT IS PLUMB ALL PLANTS TO BE INSTALLED SO THAT THE TOP OF THE CROWN OF THE PLANT IS SLIGHTLY ABOVE FINISH GRADE 3" ROOTBALL DIA 2X ROOTBALL DIA DEPTH OF ROOTBALL FINISH GRADE CUT AND REMOVE AT MINIMUM THE TOP HALF OF WIRE BASKETS, BURLAP AND/OR TWINE, OR ENTIRE CONTAINER, AND REMOVE FROM THE PLANTING PIT, SCARIFY ROOTS FOR ALL CONTAINERIZED PLANTS 5 GALLONS FOR SMALLER CONTAINER DIA 2X CONTAINER DIA SEEDING ESTABLISHMENT & MAINTENANCE 1.ESTABLISH AND MAINTAIN SITE SEEDING PER MNDOT SEEDING MANUAL 2014, AS OUTLINED BELOW, OR PER THE MOST CURRENT VERSION AS UPDATED IN THE FUTURE. 2.ESTABLISHMENT AND MAINTENANCE FOR 25-131: 2.1.YEAR 1: PROVIDE WATER IF NECESSARY TO AID ESTABLISHMENT. AFTER TURF GRASSES REACH A HEIGHT OF 6-INCHES, INITIALLY MOW TO A HEIGHT OF 2 TO 3 INCHES. 2.2.LONG-TERM: FERTILIZE AND WATER AS NEEDED. MOW A MINIMUM OF ONCE EVERY TWO WEEKS. 3.FOR 34-271, 35-641, AND 33-261: 3.1.ESTABLISHMENT (SPRING SEEDING): 1) PREPARE SITE - LATE APRIL - MAY. 2) SEED - MAY 1 – JUNE 1. 3.1.1.MAINTENANCE: 1) MOW (6-8 INCHES) – EVERY 30 DAYS AFTER PLANTING UNTIL SEPTEMBER 30. 2) WEED CONTROL - MOWING SHOULD HELP CONTROL ANNUAL WEEDS. SPOT SPRAY THISTLES ETC. 3.2.ESTABLISHMENT (FALL SEEDING): 1) PREPARE SITE - LATE AUGUST - EARLY SEPTEMBER. 2) SEED - LATE SEPTEMBER TO FREEZE-UP. 3.2.1.MAINTENANCE (FOLLOWING SEASON): 1) MOW (6-8 INCHES) – ONCE IN MAY, JUNE AND JULY. 2) WEED CONTROL - MOWING SHOULD KEEP ANNUAL WEEDS DOWN. SPOT SPRAY THISTLES ETC. 3.3.EVALUATION: 1) COVER CROP GROWING WITHIN 2 WEEKS OF PLANTING (EXCEPT DORMANT PLANTINGS). 2) SEEDLINGS SPACED 1-6 INCHES APART IN DRILL ROWS. 3) NATIVE GRASS SEEDLINGS MAY ONLY BE 4-6 INCHES TALL. 4)IF THERE IS A FLUSH OF GROWTH FROM FOXTAIL ETC., MOW AS NECESSARY. 3.4.YEAR 2 3.4.1.MAINTENANCE: 1) MOW (6-8 INCHES) ONE TIME BETWEEN JUNE 1 - AUGUST 15 BEFORE WEEDS SET SEED. 2) WEED CONTROL - MOWING SHOULD KEEP ANNUAL WEEDS DOWN. SPOT SPRAY THISTLES ETC. 3) SOME SITES MAY NOT REQUIRE MUCH MAINTENANCE THE SECOND YEAR. 3.4.2.EVALUATION: 1) COVER CROP WILL BE GONE UNLESS WINTER WHEAT WAS USED IN A FALL PLANTING. 2) GRASSES FORMING CLUMPS 1-6 INCHES APART IN DRILL ROWS, BUT STILL SHORT. 3) SOME FLOWERS SHOULD BE BLOOMING (BLACK-EYED SUSANS, BERGAMOT ETC.). 4) IF THERE IS A FLUSH OF GROWTH FROM FOXTAIL ETC., MOW SITE. 3.5.YEAR 3 3.5.1.MAINTENANCE: 1) MOW ONLY IF NECESSARY. 2) WEED CONTROL - SPOT SPRAY THISTLES, ETC. 4) SITES USUALLY DO NOT REQUIRE MUCH MAINTENANCE THE THIRD YEAR. 3.5.2.EVALUATION: 1) PLANTING SHOULD BEGIN LOOKING LIKE A PRAIRIE - TALL GRASSES, FLOWERS ETC. 3.6.LONG-TERM MAINTENANCE: 1) WEED CONTROL - SPOT SPRAY THISTLES ETC. 2) BURNING (3-5 YEAR ROTATION) ALTERNATE SPRING AND FALL IF POSSIBLE. 3)HAYING (3-5 YEAR ROTATION) LATE SUMMER OR EARLY FALL. ALTERNATE WITH BURNING (MAY SUBSTITUTE FOR BURNING). 4) BURNING TWO YEARS IN A ROW WILL REALLY “CLEAN UP” ROUGH-LOOKING SITES. TREES QTY COMMON / BOTANICAL NAME SIZE ROOT AM 3 Green Mountain Sugar Maple 2" CAL B & B Acer saccharum `Green Mountain` TM AP 8 Emerald Lustre Maple 2" CAL B & B Acer platanoides `Pond` TM AS 13 Red Sunset Maple 2" CAL B & B Acer rubrum `Red Sunset` GI 21 Imperial Honeylocust 2" CAL B & B Gleditsia triacanthos inermis `Impcole` TM QB 3 Swamp White Oak 2" CAL B & B Quercus bicolor TM 28 Sentry Linden 2" CAL B & B Tilia americana `McKSentry` UV 14 American Elm 2" CAL B & B Ulmus americana `Valley Forge` EVERGREEN TREE QTY COMMON / BOTANICAL NAME SIZE ROOT AB 11 Balsam Fir 6` HT MIN B & B Abies balsamea PA 12 Norway Spruce 6` HT MIN B & B Picea abies PB 2 Black Hills Spruce 6` HT MIN B & B Picea glauca densata PW 6 White Pine 6` HT MIN B & B Pinus strobus TT 5 Techny Arborvitae 6` HT MIN B & B Thuja occidentalis `Techny` ORNAMENTAL TREE QTY COMMON / BOTANICAL NAME SIZE ROOT MS 14 Pink Spires Crab Apple 1.5" CAL B & B Malus x `Pink Spires` MS2 8 Snowdrift Crab Apple 1.5" CAL B & B Malus x `Snowdrift` SR 27 Japanese Tree Lilac 1.5" CAL B & B Syringa reticulata DECIDUOUS SHRUBS QTY COMMON / BOTANICAL NAME SIZE ROOT SPACING FF 24 Northern Sun Forsythia 3 GAL CONT 120" o.c. Forsythia x `Northern Sun` SA 20 Common White Lilac 3 GAL CONT 120" o.c. Syringa vulgaris `Alba` SV 35 Common Lilac 3 GAL CONT 120" o.c. Syringa vulgaris VA 17 American Cranberrybush 3 GAL CONT 120" o.c. Viburnum trilobum EVERGREEN SHRUBS QTY COMMON / BOTANICAL NAME SIZE ROOT SPACING TI 51 Green Giant Arborvitae 3 GAL CONT 48" o.c. Thuja x `Green Giant` PLANT SCHEDULE 12/11/2020 REVISED TO INCLUDE PHASE 2 JRS TURF RESTORATION QTY COMMON / BOTANICAL NAME SIZE 24,134 sf MnDOT 34-271 Wet Meadow South & West Native Seed SEED 39,787 sf MnDOT 35-641 Mesic Prairie Southeast Native Seed SEED 139,043 sf MnDOT 33-261 Stormwater South & West Native Seed SEED 27,767 sf MnDOT 34-261 Riparian South & West Native Seed SEED 621,242 sf MnDOT 25-131 Low Maintenance Turf Turf Seed SEED PLANT SCHEDULE 02/26/2021 ADD 3 - PHASE 2 CITY COMMENTS DPP 123 123456 98 0123 4 5 I I I I I I I I I I I TAMARACK DRIVE 99 5 100 0 99 3 994 99 6 9 9 7 9 9 8 9 9 9 100 1 9 9 5 1000 99 6 997 9 9 8 99 9 1 0 0 1 1002 100 0 996 99 7 998 999 100 1 1 0 0 0 996 996 99 7 997 998 9 9 8 9 9 9 995 993 994 996 975 980 985 990 995 1000 1005 1010 1015 975 980 985 990 995 1000 1005 1010 1015 0+25 10 0 1 . 5 10 0 1 . 4 6 0+50 10 0 1 . 3 10 0 1 . 3 2 0+75 10 0 1 . 5 10 0 1 . 5 2 1+00 10 0 1 . 5 10 0 1 . 4 9 1+25 10 0 1 . 2 10 0 1 . 1 8 1+50 10 0 0 . 9 10 0 0 . 8 8 1+75 10 0 0 . 3 10 0 0 . 2 6 2+00 10 0 0 . 8 10 0 0 . 8 1 2+25 10 0 0 . 3 10 0 0 . 3 0 2+50 99 9 . 5 99 9 . 4 6 2+75 99 8 . 6 99 8 . 6 2 3+00 99 7 . 8 99 7 . 7 8 3+25 99 7 . 0 99 7 . 0 4 3+50 99 6 . 1 99 6 . 1 1 3+75 99 5 . 9 99 5 . 9 4 4+00 99 5 . 7 99 5 . 7 5 4+25 99 5 . 3 99 5 . 2 6 4+50 99 4 . 8 99 4 . 8 1 4+75 99 4 . 6 99 4 . 6 1 5+00 99 4 . 7 99 4 . 7 4 17.0' @ -2.00% 100.0' @ -1.00% 99.8' @ -2.27% 3+ 2 3 . 7 0 99 6 . 8 6 99 5 . 9 8 3+ 7 3 . 7 0 PVI STA = 1+98.88 PVI ELEV = 999.68' L = 50.0' K = 39.51 A.D. = 1.27% PVI STA = 3+48.70 PVI ELEV = 996.29 L = 50.0' K = 48.74 A.D. = 1.03% 1+ 7 3 . 8 8 99 9 . 9 3 99 9 . 1 2 2+ 2 3 . 8 8 ST A = 0 + 5 6 . 9 EL E V = 1 0 0 1 . 2 7 ST A = 0 + 7 3 . 9 EL E V = 1 0 0 0 . 9 3 MI D D L E F I E L D R D 9 9 8 . 3 9 2 + 5 6 99 5 . 4 2 4+ 1 9 ME A N D E R R D . 23860 7-STREET DATE REVISION SCHEDULE DESCRIPTION BY SHEET TITLE PROJECT WITHOUT PRIOR WRITTEN CONSENT. INC. AND MAY NOT BE USED, COPIED OR DUPLICATED THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, PROJECT NO. FILE NAME DESIGNED BY ORIGINAL ISSUE DATE DRAWN BY CLIENT PROJECT NO. REVIEWED BY 0 SCALE IN FEET 20 40 ---- ---- 9 9 PLANNED STREET CONSTRUCTION (TAMARACK DRIVE INTERM) 20-23860 03/18/2021 - 9 PLANNED STREET CONSTRUCTION (TAMARACK DRIVE INTERM) OF -- MNMEDINA JRS JRS JDF LIC. NO.DATE PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED JERREMY D. FOSS 03/18/2021 55871 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. TAMARACK DRIVE 2021 INTERM STREET LENNAR HOMES 20 ' 6. 8 3 ' ROW 3' EA S E M E N T BITUMINOUS CURB EXISTING PROPERTY EX I S T I N G R O W FUTURE TAMARACK DRIVE 19 . 3 3 ' Planning Department Update Page 1 of 2 March 16, 2021 City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: March 11, 2021 SUBJ: Planning Department Updates – March 16, 2021 City Council Meeting Land Use Application Review A) Holy Name Lake Estates Final Plat – north of County Road 24, northwest of Holy Name Lake - JD Dossier Holdings LLC has requested final plat approval for a six-lot rural subdivision on 90 acres. The City granted preliminary approval of the subdivision on December 1, 2020. Review is underway, and the City Council will review at the March 16 meeting. B) Meadowview Commons 2nd Addition Final Plat – south of Meander Rd, west of Jubert Tr – US Home Corporation (Lennar) has requested final plat approval for development of the remaining 83 townhome lots in the project. The initial 42 townhome lots were approved in November 2020. Review is underway, and the City Council will review at the March 16 meeting. C) Townhome PUD Concept Plan – 1432 County Road 29 – Medina Townhome Development LLC has requested review of a Planned Unit Development (PUD) Concept Plan for development of 24 townhomes east of Baker Park Road, north of Highway 12. The Planning Commission held a public hearing at the February 9 Planning Commission meeting and the Council reviewed on February 16. The applicant has made some adjustments and is seeking additional Council comments on March 16. D) Reserve of Medina 3rd Addn Final plat – south of Hackamore Road, east of CR116 – Pulte Homes has requested final plat approval for the final 31 lots in the Reserve of Medina. Review is underway, and the City Council will review when complete, potentially at the April 6 or April 20 meeting E) Ditterswind Final Plat – 2032-2052 Holy Name Drive – Tom and Jim Ditter have requested final plat approval of a 5-lot subdivision. The City granted preliminary plat approval during the fall of 2020. Staff is conducting preliminary review and will present to the City Council when complete, potentially at the April 6 or April 20 meeting. F) Pioneer Trail Preserve – 2325 Pioneer Tr. – James and Melissa Korin have requested a 3- lot subdivision of a 40-acre parcel. The applicant has indicated that they intend to change the lot alignment originally submitted, so staff will await updated documents and schedule a public hearing when complete, potentially at the April 13 meeting. G) M/I Homes Comprehensive Plan Amendment – 1400 Hamel Road – M/I Home has requested a Comprehensive Plan Amendment to change the future land use from Business to Medium Density Residential and submitted a concept plan review for a potential development of 78 townhomes. The applicant has not completed the application, and a public hearing will be scheduled when complete, potentially at the May 11 meeting. H) Krinke Accessory Structure CUP – 2905 Willowood Farm Road – Lothar and Mona Krinke have requested a conditional use permit for construction of a 12,600 square foot indoor riding arena addition to an existing barn. The Council adopted a resolution of approval at the February 16 meeting. Staff will work with the applicant on the conditions of approval prior to construction. Planning Department Update Page 2 of 2 March 16, 2021 City Council Meeting I) Piper Lot Combination – 1745 Hunter Drive – Cynthia and Addison Piper have requested a combination of two adjacent parcels into a single lot. The City Council approved at the February 2 meeting. Documents have been recorded and the project will be closed. J) Weston Woods Preliminary Plat and PUD General Plan – east of Mohawk Drive, north of Highway 55 – Mark Smith (Mark of Excellence Homes) has requested a Preliminary Plat and PUD General Plan for development of 76 twinhomes, 42 single-family, and 33 townhomes on the Roy and Cavanaugh properties. The City Council adopted documents of approval at the January 5 meeting. Staff is coordinating permitting for construction of Chippewa Road and will await final plat application. K) Cates Ranch Comp Plan Amendment and Rezoning – 2575 and 2590 Cates Ranch Drive – Robert Atkinson has requested a change of the future land use from Future Development Area to Business, a staging plan amendment to 2020, and a rezoning to Business Park. The application is incomplete for review, and the City has requested additional materials. L) Adam’s Pest Control Site Plan Review, Pre Plat, Rezoning – These projects have been preliminarily approved and the City is awaiting final plat application. M) Johnson ADU CUP, 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. N) Hamel Haven subdivision – These subdivisions have received final approval. Staff is working with the applicants on the conditions of approval before the plat is recorded. Other Projects A) Hackamore Road – WSB prepared the LRIP grant application which has been submitted to MnDOT. B) Arrowhead Drive/Highway 55 improvement project – WSB has submitted the layout for review by MnDOT. Staff coordinated the layout with WSB and OSI. C) Diamond Lake Regional Trail – Staff has been considering how to proceed with consideration of the Diamond Lake Regional Trail north of Hamel Road following the direction of the Park Commission and City Council at the March 2 meeting. D) Internet/Broadband Options – staff has met with and provided information for internet providers for the providers to consider expanding service to areas within the City. E) Chippewa Road permitting – Staff is putting together the permit application for the wetland impacts for Chippewa Road. As discussed during review of the Weston Woods project, the City will be responsible for obtaining permits and ultimately for costs for mitigation if the project is constructed by the developer. TO: Mayor and City Council FROM: Jason Nelson, Director of Public Safety, DATE: March 11, 2021 RE: Department Updates This past two weeks has brought warm weather. It has been a welcome site and it is nice to see the citizens out and about with a smile on their faces. We all continue to be healthy at the police department and have gone through our first and second rounds of vaccinations for those that chose to do so. We continue to take COVID precautions at the office and while responding to calls. On March 8, the trial of Derek Chauvin began in Minneapolis. As you are all aware, we have been pre-planning for this event for the past year. As of this time there have not been many incidents related to this and we continue to monitor this on a daily/hourly basis. This past weekend I had a first as a new Chief. That was a call from Sergeant Boecker advising me that one of my officers had been injured during a traffic stop and foot pursuit while taking a non- compliant male into custody. The officer was in the back of an ambulance and was heading to North Memorial. I responded to North Memorial and found the officer to be in good spirits and alright. After spending several hours in the emergency room, the officer was released and was back to work two days later with no medical issues. I am thankful to report that the officer is fine and there will be no long-term issues. For the past six months or so we have been working towards a body and squad camera solution. I am happy to report that we will be bringing something forward to the council at the end of April for your review, public comment, and final approval to purchase squad and body cameras. This is something that will add to the transparency and accountability that the public is asking for, not just in our community but throughout the United States. Patrol: Patrol updates 02/12/2021 through 03/10/2021 The following are updates of Patrol Officers between February 12, 2021 and March 10, 2021. Officers issued 65 citations for various traffic offenses, 103 warnings, responded to 2 property damage accidents, 1 vehicle vs. Deer accident, 19 medicals, 8 suspicious activity calls, 29 assists to other agencies, 8 welfare checks, 10 miscellaneous motorist assists. MEMORANDUM On 02/12/2021 a resident in the 1500 block of Hunter Drive reported someone applied for unemployment benefits in his name. Our agency has taken several similar reports over the past year. On 02/13/2021 an officer was called to Target to take a theft report. A juvenile employee of the store had been caught stealing by Target Asset Protection. The juvenile was issued a citation for theft and released to their parent. On 02/15/2021 officer was dispatched to 2900 block of Ardmore Avenue on a report of one unconscious. Upon arrival by the officer, Loretto Fire Department was already tending to the patient who was believed to be having a diabetic issue. The patient came to and refused transport. On 02/19/2021 officer was dispatched to a theft that had just occurred at Target. Officer located the suspect in the parking lot of nearby Holiday and placed the suspect under arrest. The stolen merchandise was recovered. The suspect was believed to have stolen from the store in the past. Charges are pending. On 02/18/2021 a CSO was dispatched to a hit dog in the area of Highway 55 and Willow Drive. A dog was found injured on the shoulder of the highway. The dog was transported to Corcoran Pet Hospital to check for an identification chip. No chip was located. A picture of the dog was placed on the department Facebook page. Another officer recognized the dog as belonging to a residence that he had been before. The dog owner was contacted and advised of the location of the dog. Unfortunately, the dog was euthanized due to its injuries. On 02/23/2021 an officer responded to Caribou Coffee to take a theft report. A customer had left a bag behind by accident and when she returned to pick it up found property missing from within the bag. An employee later admitted to taking some wireless ear pods from the bag. The employee will be charged with theft through the Medina Prosecuting Attorney’s Office. On 02/24/2021 an officer responded to a report of an appliance fire at McDonalds. Upon arrival it was found a deep fryer had been on fire, but the fire had been put out. Hamel Fire responded and assisted with smoke extraction from the business. On 02/25/2021 an officer responded to Woodridge Church to take a theft report. A trailer had been stolen off the property between 02/23 and 02/24. The trailer contained miscellaneous property. On 03/03/2021 officers were dispatched to a reported suicide attempt in the 200 block of Mallard Lane in Loretto. An adult male had cut both wrists and was found unresponsive on the floor in the kitchen by his parents. By the time officers arrived the wounds were no longer bleeding, and the male was somewhat responsive. The male was transported to the hospital by North Ambulance. On 03/04/2021 Officers began enforcement of weight restrictions on the posted streets in Medina. On 03/05/2021 an officer conducted a traffic stop of a vehicle in the 100 block of Medina Road for an equipment violation. The driver became uncooperative with the officer and attempted to flee from the vehicle on foot. A physical altercation took place where the suspect attempted to punch the officer and the officer attempted to use a Taser on the subject which was unsuccessful. The suspect then fled north through a backyard, swamp, and wooded area with the officer in pursuit. Multiple other agencies responded to assist, and a perimeter was set up. The suspect was eventually caught near a residence along Tamarack Drive and was taken into custody. The suspect complained of back pain claiming to have rods in his back and was transported to the hospital for evaluation. The officer involved in the incident was also transported to the hospital due to having trouble breathing after the foot pursuit. The officer was cleared at the hospital after examination. The suspect faces multiple charges from the incident. On 03/09/2021 an officer responded to the ballfields in Corcoran to assist Corcoran Police with a report of a suicidal female who was in possession with a loaded handgun. Upon arrival in the area officers were able to make contact with the female who agreed to cooperate and turned herself over to officers. A loaded handgun was recovered from the female’s vehicle. The female was transported to the hospital by ambulance for evaluation. Investigations: Investigating a theft of a trailer from a church. The trailer also contained numerous items, including a snowblower and fire pits. The trailer was entered as stolen into a national data base. The investigation is ongoing. Received a report from Hennepin County Child Protection regarding a possible assault involving two minor children. All children and parents involved were interviewed. At this time, there will be no criminal charges and the children will be receiving counseling services. Investigating a case of fraud. The victim thought they were communicating through email with their neighbor. The suspect requested the victim provide them with $400 worth of iTunes gift cards. After the victim provided the suspect those gift cards, they realized it was a scam. I sent an administrative subpoena to Google to obtain more information. Participated in a CornerHouse interview for a victim involved with a sexual assault that occurred in Colorado. After the interview, I updated the investigator handling the case in Colorado on the results from the interview. I later forwarded my report to the police agency handling the investigation in Colorado. There are currently (9) cases assigned to investigations. MEMORANDUM TO: Mayor and City Council FROM: Steve Scherer, Public Works Director DATE: March 10, 2021 MEETING: March 16, 2021 SUBJECT: Public Works Update STREETS • The streets are in their most vulnerable condition and seasonal weight postings are in effect. As always, we will work very closely with the Police to make sure our roads are protected. Most of the large contractors have been notified and all the information is posted on the city website to answer questions. • Derek Reinking and I will be assessing the condition of all the streets in the upcoming months to develop an updated pavement maintenance plan for the next few years. • Street material bids are out, results will be presented to Council at the April 6th meeting. • Pavement corings have been ordered for Tower Drive West and Shire Drive, both commercial streets, so we can evaluate the current street sections and begin feasibility planning for their repair. I am concerned because of the heavy truck traffic and the lack of information on these streets. I am equally as concerned about parking and the runoff from Tower Drive into the Elm Creek. We always look to improve water quality when an opportunity presents itself. Both streets are in the CIP for an overlay this season. WATER/SEWER/STORMWATER • Public works is devoting time to clean and inspect all of the water valves in town. This is not only a good maintenance practice, but also educates our staff on where all the infrastructure is located. Especially important as we bring new personnel on board. • Hydrant flushing was done in the Independence Beach area this past week. This system has a lot of iron in the water, with no treatment, so the monthly flushing schedule keeps things relatively problem free. • I am looking into options for cleaning our filter media at the water treatment plant, which is a new process with the potential to save the city some money. PARKS/TRAILS • Spring weather is here, and I expect the parks will be in full swing within a month or less. Spring cleanup and fertilization will be done as soon as conditions allow. • I am working with The Enclave HOA and a local Boy Scout Troop to coordinate the reforestation project in Harriet’s Woods. After consulting foresters for species recommendations, several varieties of trees are scheduled for delivery in April. Tree growth rate will be monitored to determine which species will do best in our area. This data will be valuable for future reforestation projects. Residents are already showing a tremendous amount of interest, as are the Boy Scouts. This project is quickly evolving into a fantastic public outreach and conservation opportunity. • I have engaged WSB to do survey work on the Hunter Park project to make sure drainage is addressed for the additions and removal of park infrastructure. Page 2 of 2 MISCELLANEOUS • Newly hired Public Works Maintenance Technician Nick Zumbusch will start on Monday, March 22nd. We are confident Nick will “hit the ground running” and look forward to having him on board. • On March 8th we received notification from Hennepin County that Public Works personnel are eligible to set up Covid-19 vaccination appointments! ORDER CHECKS MARCH 2, 2021 – MARCH 16, 2021 051336 HENN COUNTY ENVIRONMENT & ENER ................................ $255.00 051337 HOLIDAY FLEET ......................................................................... $45.50 051338 ADAM'S PEST CONTROL INC .................................................... $89.84 051339 ASPEN MILLS INC ...................................................................... $59.95 051340 BALU, GALLA ............................................................................ $148.03 051341 BEAUDRY OIL & PROPANE .................................................. $2,873.78 051342 BLUE CROSS BLUE SHIELD OF MN ................................... $34,442.77 051343 BURDAS TOWING .................................................................... $208.00 051344 CANVAS SOLUTIONS, INC ....................................................... $530.00 051345 ECM PUBLISHERS INC ............................................................ $308.69 051346 GOPHER STATE ONE CALL ...................................................... $68.65 051347 GRAINGER................................................................................ $292.72 051348 H & H SPORTS SHOP, INC. ................................................... $1,200.00 051349 HAMEL LUMBER INC ................................................................ $385.55 051350 HAMEL LIONS CLUB ................................................................ $544.27 051351 HENN COUNTY INFO TECH .................................................. $2,414.93 051352 HENN COUNTY PUBLIC WORKS ............................................. $255.00 051353 HENN CTY RECORDER/REGISTRAR ........................................ $52.50 051354 HOTSY EQUIPMENT OF MN INC ............................................. $460.87 051355 MATTHEW E HUNZ .................................................................. $270.00 051356 KD & COMPANY RECYCLING INC ........................................... $587.93 051357 LAW ENFORCEMENT LABOR .................................................. $508.00 051358 LENDSERVE TITLE .................................................................... $22.05 051359 LEXISNEXIS RISK DATA MGMT INC .......................................... $41.00 051360 MACKIN, JAMES ......................................................................... $18.27 051361 CITY OF MAPLE PLAIN ............................................................ $841.69 051362 METROPOLITAN COUNCIL ................................................. $24,601.50 051363 METROPOLITAN COUNCIL ................................................. $33,322.64 051364 MN SAFETY COUNCIL INC ...................................................... $565.00 051365 MOTLEY AUTO SERVICE LLC .............................................. $1,023.00 051366 NAPA OF CORCORAN INC ...................................................... $154.22 051367 NORTHWEST ASSOC CONSULTANTS ................................... $468.00 051368 CITY OF ORONO ................................................................... $1,174.36 051369 RAILROAD MANAGEMENT CO.LLC ......................................... $284.85 051370 RANDY'S SANITATION INC ........................................................ $20.00 051371 RUSSELL SECURITY RESOURCE INC .................................... $534.00 051372 SHALLBETTER, ERIK & TIFFANY ............................................ $149.76 051373 SITEONE LANDSCAPE SUPPLY LLC ........................................ $80.62 051374 STREICHER'S ............................................................................. $42.00 051375 SUMMIT COMPANIES ........................................................... $2,113.00 051376 SUN LIFE FINANCIAL ............................................................ $1,450.22 051377 TALLEN & BAERTSCHI .......................................................... $2,064.98 051378 TIMESAVER OFFSITE .............................................................. $609.88 051379 WESTERN ELECTRIC ........................................................... $3,330.00 Total Checks $118,913.02 ELECTRONIC PAYMENTS MARCH 2, 2021 – MARCH 16, 2021 005850E MN CHILD SUPPORT PAYMENT ............................................. $725.00 005851E PR PERA .............................................................................. $16,989.13 005852E PR FED/FICA ....................................................................... $16,995.26 005853E PR MN Deferred Comp ........................................................... $1,890.00 005854E PR STATE OF MINNESOTA .................................................. $3,754.58 005855E CITY OF MEDINA ........................................................................ $21.00 005856E FURTHER .............................................................................. $1,715.20 005857E CIPHER LABORATORIES INC. .............................................. $4,753.00 005858E FP MAILING SOL POSTAGE BY PHON ................................. $1,000.00 005859E FRONTIER .................................................................................. $57.63 005860E FARMERS STATE BANK OF HAMEL ....................................... $150.00 005861E VALVOLINE FLEET SERVICES .................................................. $71.95 005862E XCEL ENERGY ...................................................................... $6,408.37 005863E MEDIACOM OF MN LLC ........................................................... $845.79 005864E FURTHER ................................................................................. $642.05 005865E CENTURYLINK.......................................................................... $250.49 Total Electronic Checks $56,269.45 PAYROLL DIRECT DEPOSIT – MARCH 3, 2021 0510861 BILLMAN, JACKSON CARROLL .............................................. $524.88 0510862 JOHNSON, PATRICK M. .......................................................... $634.33 0510863 ALBERS, TODD M. ................................................................... $230.87 0510864 ALTENDORF, JENNIFER L. .................................................. $1,671.94 0510865 BARNHART, ERIN A. ............................................................ $2,505.32 0510866 BOECKER, KEVIN D. ............................................................ $2,755.11 0510867 CAVANAUGH, JOSEPH ........................................................... $230.87 0510868 CONVERSE, KEITH A. .......................................................... $2,258.56 0510869 DEMARS, LISA ...................................................................... $1,421.34 0510870 DESLAURIES, DEAN ............................................................... $230.87 0510871 DION, DEBRA A. ................................................................... $1,990.75 0510872 ENDE, JOSEPH..................................................................... $2,046.04 0510873 FINKE, DUSTIN D. ................................................................ $2,623.23 0510874 GALLUP, JODI M. .................................................................. $2,206.96 0510875 GLEASON, JOHN M. ............................................................. $1,930.10 0510876 GREGORY, THOMAS ........................................................... $2,096.19 0510877 HALL, DAVID M. .................................................................... $2,196.65 0510878 HANSON, JUSTIN ................................................................. $2,497.63 0510879 JACOBSON, NICOLE ............................................................... $914.03 0510880 JESSEN, JEREMIAH S. ......................................................... $2,361.93 0510881 JOHNSON, SCOTT T. ........................................................... $2,316.39 0510882 KLAERS, ANNE M. ................................................................ $1,485.11 0510883 LEUER, GREGORY J. ........................................................... $2,220.81 0510884 MARTIN, KATHLEEN M ........................................................... $327.07 0510885 MCGILL, CHRISTOPHER R. ................................................. $1,540.77 0510886 MCKINLEY, JOSHUA D ......................................................... $2,035.75 0510887 NELSON, JASON .................................................................. $2,598.37 0510888 REID, ROBIN ............................................................................ $230.87 0510889 REINKING, DEREK M ........................................................... $2,491.16 0510890 SCHARF, ANDREW .............................................................. $1,709.43 0510891 SCHERER, STEVEN T. ......................................................... $2,479.94 0510892 VOGEL, NICHOLE ................................................................. $1,026.97 Total Payroll Direct Deposit $53,790.24