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
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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.
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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
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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
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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
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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
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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:
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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
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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
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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.
**************************
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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T
O
DRIVE
xxxx
xx
xx
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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
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W
1
1
2
.
0
0
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0
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1
2
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0
2
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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
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1
9
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4
2
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4
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84.7
1
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0
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E
18
7
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2
1
S89°59'54"E
82.53
N
2
6
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0
9
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5
6
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W
1
5
8
.
0
4
S74°25'
3
2
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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
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123456
12345
1
2
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4
5
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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
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67
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12
13
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40.00 32.00 32.00 40.00
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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
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2
5
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W
1
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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
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2
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S89°31'35"E 132.88
21.55 59.33 24.00 28.00
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S89°40'28"E 194.66
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S89°31'35"E 92.71
N89°31'35"W 92.71
N0
0
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2
8
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2
5
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S89°31'35"E 152.32
N89°31'35"W 152.32
N0
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2
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8
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S89°31'35"E 250.44
N89°31'35"W 248.94
S0
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70.38
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8
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S89°40'28"E 83.33
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59.33
S
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40.00 N71°18
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32.92
S71°36
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50.82
16.66
34.16
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°
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59.33
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59.33
59.33
59.33
59.33
59.33
59.33
59.33
59.33
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59.33
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1
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3
2
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1
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59.33
59.33
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59.33
59.33
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N90°00'00"E
59.33
N0
0
°
0
0
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0
0
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2
1
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18OUTLOT A
OUTLOT A
OUTLOT C
OUTLOT
C
OUTLOT B
OUTLOT
D
N74°25'
3
2
"
E
2
0
8
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0
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0
°
2
8
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2
5
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59
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3
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59
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153.24
136.63
Δ =1 0 °2 6 '0 5 "
L =3 0 .4 1
Δ=50°58'12"
L=148.56
Δ
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Δ =9 0 °0 8'53"
L =19.15
R =1 2.17
Δ
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0'00 "
L
=
1
9.12
R
=
1
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Δ=9 0 °0 0'00"
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Δ =9 0°00'00"
L =1 9.12
R =1 2.17
11.36
OUTLOT
E
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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
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HAMEL
R
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A
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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
>>>
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(CITY JURISDICTION)
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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=
>>>>>
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T
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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
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.
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1
2
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4
1
2
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1234 1234
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1
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1
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1
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1
2
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4
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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
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I
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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
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6
.
5
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7
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5
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8
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5
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9
6
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7
5
9
9
5
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7
5
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992.50
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4
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4
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5
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5
.
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4
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5
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7
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4
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6
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7
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4
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5
.
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6
.
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7
.
0
0
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3
.
5
0
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4
.
5
0
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5
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5
0
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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)
>
>
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>
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I
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>>
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
>>
>>>>
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>>
>>
>>
>>
>>
>>
>>
>>
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>>>>>
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I
I
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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
.
>>
>
>
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>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
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%
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-5.4%-6.8%
-8.1%
-6.3%
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-5.8%
-7.5%
-6.1%-6.1%
-7.8%
-5.9%
-6.7%-6.9%-8.0%
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2.0%-2.2%
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8
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0
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0
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A
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W
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E
(
S
E
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D
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T
A
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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
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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
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0
9
9
0
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5
10
0
0
97
6
97
6
9
7
7
977
97
7
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8
978
97
9
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9
98
1
981
98
2
982
98
3
983
984
984
98
4
9
8
4
9
8
6
98
6
9
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7
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8
7
98
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9
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9
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9
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1
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2
99
3
99
4
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6
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9
985990
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5
1000
98
698
7
9
8
8
9
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3
99
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7
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7
9
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MIDDLEFIELD RD
M
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2
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1
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1
%
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-
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.
0
%
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0
%
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0
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2
%
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2
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0
%
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.
0
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0
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PH
A
S
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2
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A
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-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
>>>>>
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I
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WE
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WET
WE
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W
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T
WE
T
WE
T
W
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WE
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WE
T
MEANDER RD
(CITY JURISDICTION)
>
J
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E
R
T
T
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.
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WET
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>>
I
I
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>>
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
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WB
WB
WB
WB
WB
WB
WB
WB
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WB
WB
WB
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WB
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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
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R
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-
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M
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D
D
L
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L
D
R
D
-
B
M
I
D
D
L
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F
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D
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-
A
J
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B
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J
U
B
E
R
T
D
R
-
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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
>>
>>>>
>>>>>>
>>
>>
>>
>>
>>
>>
>>
>>
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>>>>>
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WET
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E
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WE
T
WE
T
MEANDER RD
(CITY JURISDICTION)
>
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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
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3
4
5
12345
1
2
3
4
5
1
2
3
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1
2
3
4
5
1
2
3
1
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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
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B
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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)
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WEST WET BASIN
BOTTOM =977.00
NWL = 982.50
HWL=985.54
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(14) TI (13) TI
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(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
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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%
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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
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6.
8
3
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ROW
3'
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T
BITUMINOUS CURB
EXISTING PROPERTY
EX
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FUTURE TAMARACK DRIVE
19
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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