HomeMy Public PortalAbout09.21.2021 city council meeting packet Posted 9/17/2021 Page 1 of 1
AGENDA FOR THE REGULAR MEETING
OF THE MEDINA CITY COUNCIL
Tuesday, September 21, 2021
7:00 P.M.
Medina City Hall
2052 County Road 24
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
IV. APPROVAL OF MINUTES
A. Minutes of the September 7, 2021 Work Session
B. Minutes of the September 7, 2021 Regular Council Meeting
V. CONSENT AGENDA
A. Appoint Jeremy Thorson to the Position of Public Works Maintenance Technician
B. Resolution Granting a Conditional Use Permit for Ground Mounted Solar Panels of 2,328 Square
Feet for the Property at 2832 Hamel Road
C. Approve Wetland Replacement Plan and Costs Related to Construction of Chippewa Road from
Mohawk Drive to Arrowhead Drive
D. Ordinance Establishing a Planned Unit Development District for Baker Park Townhomes and
Amending the Official Zoning Map
E. Resolution Authorizing Publication of Ordinance by Title and Summary
F. Resolution Granting PUD General Plan and Site Plan Review Approval for Baker Park
Townhomes
G. Approve Planned Unit Development Agreement by and between the City of Medina and Medina
Townhome Development LLC
VI. COMMENTS
A. From Citizens on Items Not on the Agenda
B. Park Commission
C. Planning Commission
VII. PRESENTATION
A. Resolution Recognizing Assistant City Administrator Jodi Gallup for Fifteen Years of Service to
the City of Medina
B. Resolution Recognizing Police Officer Andrew Scharf for Five Years of Service to the City of
Medina
VIII. NEW BUSINESS
A. Discussion on Ordinance Amending Chapter 3 of the City Code of Ordinances Pertaining to Third
Party Gift Card Procurement
B. Uptown Hamel Stormwater Analysis
C. Discussion on Meeting Options Due to the Ongoing Pandemic
IX. OLD BUSINESS
A. Stetler Enterprises LLC – 500 Hamel Road – Prairie Creek Preliminary Plat and Variance
1. Resolution Granting Preliminary Approval of the Prairie Creek Plat
2. Resolution Granting Variance Approval for Increased Maximum Setback for 500 Hamel
Road
X. CITY ADMINISTRATOR REPORT
XI. MAYOR & CITY COUNCIL REPORTS
XII. APPROVAL TO PAY BILLS
XIII. ADJOURN
Meeting Rules of Conduct to
Address the City Council:
Fill out & turn in comment
card
Give name and address
Indicate if representing a
group
Limit remarks to 3-5 minutes
MEMORANDUM
TO: Medina Mayor and City Council
FROM: Scott Johnson, City Administrator
DATE OF REPORT: September 16, 2021
DATE OF MEETING: September 21, 2021
SUBJECT: City Council Meeting Report
V. CONSENT AGENDA
A. Appoint Jeremy Thorson to the Position of Public Works Maintenance Technician –
Enclosed in your packet is a recommendation to hire Jeremy Thorson as the new Public
Works Maintenance Technician. Staff recommends approval.
See attached memo.
B. Resolution Granting a Conditional Use Permit for Ground Mounted Solar Panels of 2,328
Square Feet for the Property at 2832 Hamel Road – Staff was directed at the September
7, 2021, City Council meeting to bring forward the conditional use permit for ground
mounted solar panels at 2832 Hamel Road for approval. Staff recommends approval.
See attached resolution.
C. Approve Wetland Replacement Plan and Costs Related to Construction of Chippewa
Road from Mohawk Drive to Arrowhead Drive – Staff is requesting authorization to
execute the agreements necessary to extend closing dates for credits from wetland banks
1649 and 1664 to the end of 2021 and to authorize reservation fee payments of
$24,502.50 to Bank 1649 and $35,671.72 to Bank 1664. Staff recommends approval.
See attached memo.
D. Ordinance Establishing a Planned Unit Development District for Baker Park Townhomes
and Amending the Official Zoning Map – Staff was directed at the September 7, 2021,
City Council meeting to bring forward the planned unit development district for Baker
Park Townhomes and amend the official zoning map. Staff recommends approval.
See attached ordinance.
E. Resolution Authorizing Publication of Ordinance by Title and Summary – Staff
recommends approval.
See attached resolution.
F. Resolution Granting PUD General Plan and Site Plan Review Approval for Baker Park
Townhomes – Staff recommends approval.
See attached resolution.
2
G. Approve Planned Unit Development Agreement by and between the City of Medina and
Medina Townhome Development LLC – Staff recommends approval.
See attached agreement.
VII. PRESENTATION
A. Resolution Recognizing Assistant City Administrator Jodi Gallup for Fifteen Years of
Service to the City of Medina – Mayor Martin will read the resolution.
See attached resolution.
Recommended Motion: Motion to adopt resolution recognizing Assistant City
Administrator Jodi Gallup for fifteen years of service to the City of Medina
B. Resolution Recognizing Police Officer Andrew Scharf for Five Years of Service to the
City of Medina – Mayor Martin will read the resolution.
See attached resolution.
Recommended Motion: Motion to adopt resolution recognizing Police Officer Andrew
Scharf for five years of service to the City of Medina
VIII. NEW BUSINESS
A. Discussion on Ordinance Amending Chapter 3 of the City Code of Ordinances Pertaining to
Third Party Gift Card Procurement – Chief Nelson will provide a brief presentation on the
proposed ordinance. Staff is requesting City Council review and give feedback on the
proposed ordinance. No official action is requested at this time on this item.
See attached memo and draft ordinance.
B. Uptown Hamel Stormwater Analysis – In 2005-2006, the City constructed stormwater
improvements to benefit properties in the Uptown Hamel area with corresponding
assessments for the improvements. The improvements included construction of ponds in
Rainwater Park and Hamel Legion Park and storm sewer pipes to convey the stormwater
to these ponds. The intent of the improvements was to provide stormwater management
for future redevelopment projects across Uptown Hamel. In the meantime, stormwater
regulations from the state and watershed changed significantly. During recent
discussions of a potential development in Uptown Hamel, questions were raised related
to how projects would be credited for stormwater management based on the existing
stormwater improvements because of new regulations. Plus, additional stormwater
improvements have been constructed, and the pond within Hamel Legion Park has been
expanded and converted for stormwater reuse. Credits for these improvements have not
been formally calculated for the benefit of the broader Uptown Hamel area. Staff
recommends conducting an analysis on these subjects and to identify potential
3
opportunities to further improve stormwater management and consistency with updated
standards. WSB has provided the attached quote to perform the necessary analysis.
See attached report.
Potential Motion: Motion to authorize work described in the Scope of Services for the
Uptown Hamel Analysis in an amount not to exceed $25,500.
C. Discussion on Meeting Options Due to the Ongoing Pandemic – City Attorney Ron Batty
has provided the attached memo on possible meeting options for the City due to the
ongoing pandemic. Staff is requesting City Council review, discussion, and direction.
See attached memo.
IX. OLD BUSINESS
A. Stetler Enterprises LLC – 500 Hamel Road – Prairie Creek Preliminary Plat and Variance
– Staff was directed to move forward with the preliminary plat and variance for Prairie
Creek at the September 7th City Council meeting. This item has been included under Old
Business on the agenda to allow Council Member Cavanaugh the opportunity to recuse
himself from this item consistent with the September 7, 2021, City Council meeting.
See attached resolutions.
Recommended Motion #1: Motion to adopt resolution granting preliminary approval of
the Prairie Creek Plat
Recommended Motion #2: Motion to adopt resolution granting variance approval for
increased maximum setback for 500 Hamel Road
XII. APPROVAL TO PAY BILLS
Recommended Motion: Motion to approve the bills, EFT 006078E-006092E for $52,462.54
and order check numbers 051977-052047 for $358,629.23, and payroll EFT 0511301-0511330
for $57,273.46.
INFORMATION PACKET:
Planning Department Update
Police Department Update
Public Works Department Update
Claims List
Medina City Council Special Meeting Minutes 1
September 7, 2021
MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF
SEPTEMBER 7, 2020
The City Council of Medina, Minnesota met in special session on September 7, 2021 at
6:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN.
I. Call to Order
Members present: Martin, Albers, Reid, DesLauriers, Cavanaugh
Members absent:
Also present: City Administrator Scott Johnson, Public Works Director Steve
Scherer, Finance Director Erin Barnhart, Public Safety Director Jason Nelson, Assistant
City Administrator Jodi Gallup, and City Planning Director Dusty Finke
II. 2022 Budget Open House
Finance Director Erin Barnhart presented information on the 2022 General Fund Budget
and preliminary levy. Barnhart also provided information on the overall proposed
General Fund budget of $5,598,884, an increase of $516,500 from 2021. Barnhart
explained that the increase is comprised of a one-time budgeted increase for assessment
contracting services and a 3.5% employee cost of living increase. Also discussed 2022
insurance premiums, the flat tax levy of 22.492%, and the 6.8 % change in market value.
Finally, Barnhart discussed recent growth, outstanding debt, ongoing equipment needs,
reserve funds, and the addition of a new Administrative Assistant position.
The Mayor and Council directed staff to study future property needs for utilities, using
ARPA funds for water infrastructure, adding a place holder amount for park replacement
needs, and discussed timing/funding on future road projects in the draft CIP.
III. Adjournment
Martin closed the meeting at 6:51 p.m.
_________________________
Kathleen Martin, Mayor
Attest:
____________________________
Jodi M. Gallup, City Clerk
Medina City Council Meeting Minutes 1
September 7, 2021
DRAFT 1
2
MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 7, 2021 3
4
The City Council of Medina, Minnesota met in regular session on September 7, 2021 at 5
7:00 p.m. in the City Hall Chambers. Mayor Martin presided. 6
7
I. ROLL CALL 8
9
Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid. 10
11
Members absent: None. 12
13
Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi 14
Gallup, City Attorney Ron Batty, Finance Director Erin Barnhart, City Engineer Jim 15
Stremel, City Planning Director Dusty Finke, Public Works Director Steve Scherer, Chief 16
of Police Jason Nelson, and Planning Intern Colette Baumgartner. 17
18
II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 19
20
III. ADDITIONS TO THE AGENDA (7:00 p.m.) 21
The agenda was approved as presented. 22
23
IV. APPROVAL OF MINUTES (7:00 p.m.) 24
25
A. Approval of the August 17, 2021 Work Session City Council Meeting 26
Minutes 27
Moved by Albers, seconded by DesLauriers, to approve the August 17, 2021 work 28
session City Council meeting minutes as presented. Motion passed unanimously. 29
30
B. Approval of the August 17, 2021 Regular City Council Meeting Minutes 31
Moved by Albers, seconded by DesLauriers, to approve the August 17, 2021 regular City 32
Council meeting minutes as presented. Motion passed unanimously. 33
34
V. CONSENT AGENDA (7:01 p.m.) 35
36
A. Approve Contract for Fire Protection between the City of Maple Plain and 37
the City of Medina 38
B. Resolution No. 2021-54 Granting Extension of Time to Request Final Plat 39
Approval for Pioneer Trail Preserve, Amending Resolution No. 2021-39 40
Moved by Reid, seconded by Cavanaugh, to approve the consent agenda. Motion 41
passed unanimously. 42
43
VI. COMMENTS (7:02 p.m.) 44
45
A. Comments from Citizens on Items not on the Agenda 46
There were none. 47
48
B. Park Commission 49
Scherer stated that staff met with the Lakeshore Park Committee to discuss options that 50
they will bring to the next Park Commission meeting. 51
Medina City Council Meeting Minutes 2
September 7, 2021
1
C. Planning Commission 2
Finke reported that the Planning Commission is scheduled to meet the following week to 3
hold a public hearing to consider an amendment to the City’s sign ordinance specifically 4
related to dynamic signage. He stated that the Commission will also review a site plan 5
review for 1400 Hamel Road. 6
7
DesLauriers asked if the signage desired would be similar to the Medina Ballroom. 8
9
Finke provided clarification noting that the amendment would allow increased size for 10
dynamic displays. 11
12
VII. PRESENTATIONS 13
14
A. Resolution No. 2021-55 Recognizing City Administrator Scott Johnson for 15
Ten Years of Service to the City of Medina (7:04 p.m.) 16
Martin recognized the work of Johnson as City Administrator for the past ten years and 17
read aloud the draft resolution. 18
19
Moved by Albers, seconded by Reid, to Adopt Resolution No. 2021-55 Recognizing City 20
Administrator Scott Johnson for Ten Years of Service to the City of Medina. Motion 21
passed unanimously. 22
23
Martin presented the resolution to Johnson and thanked him for his dedicated service. 24
25
Johnson stated that it has been a great honor and privilege to work as the City 26
Administrator for Medina. He stated that he appreciates the leadership and vision of the 27
City Council and thanked them for the opportunity. He also stated Medina’s Staff and 28
consultants are excellent and do a fantastic job for the City. Everyone works together to 29
accomplish what is best for the community. 30
31
VIII. NEW BUSINESS 32
33
A. 2022 Preliminary Budget and Tax Levy (7:10 p.m.) 34
Martin noted that there was an open house prior to the regular meeting which included a 35
detailed presentation by Barnhart. She stated that the Council and staff have put much 36
work into the budget prior to tonight in order to prepare a draft budget. 37
38
Barnhart stated that the goal tonight is to certify the preliminary tax levy to send to 39
Hennepin County along with two other proposed resolutions related to the general fund 40
and debt services tax levies. She stated that the final levy resolution will be presented to 41
the Council on December 7, 2021. She reviewed the proposed 2022 budget, which is an 42
increase of $516,000. She noted that the majority of those increases are one-time 43
increases and provided additional explanation. She reviewed staffing changes, 44
employee compensation, and health insurance. She stated that Hennepin County 45
projects a 6.8 percent market value increase for Medina. She stated that the City 46
proposes a flat tax rate and therefore any change to property taxes would be related to 47
the market value change. She stated that the City uses its Capital Improvement Plan to 48
budget and plan for the needs of the City and highlighted the proposed projects for 2022 49
that have been included in the budget. 50
51
Medina City Council Meeting Minutes 3
September 7, 2021
Martin commented that the Council has studied, questioned, and received additional 1
information related to the budget on multiple occasions including the open house prior to 2
this meeting. She confirmed that there were no questions from the Council. 3
4
1. Resolution No. 2021-56 Approving Proposed Tax Levy for 2022 5
Moved by DesLauriers, seconded by Martin, to Adopt Resolution No. 2021-66 Approving 6
the 2022 Preliminary Tax Levy. Motion passed unanimously. 7
8
2. Resolution No. 2021-57 Approving Proposed General Fund Budget 9
for 2022 10
Moved by DesLauriers, seconded by Martin, to Adopt Resolution No. 2021-57 Approving 11
the 2022 Preliminary General Fund Budget. Motion passed unanimously. 12
13
3. Resolution No. 2021-58 Reducing Debt Service Tax Levies for 2022 14
Moved by DesLauriers, seconded by Martin, to Adopt Resolution No. 2021-58 Reducing 15
Debt Service Tax Levies for 2022. Motion passed unanimously. 16
17
4. Establish Public Discussion Date for Final 2022 Tax Levy and 18
Budget 19
Moved by DesLauriers, seconded by Martin, to Establish the 2022 Final Tax Levy and 20
Budget Discussion for December 7, 2021 at 7:00 p.m. Motion passed unanimously. 21
22
B. Stetler Enterprises LLC – 500 Hamel Road – Prairie Creek Preliminary Plat 23
and Variance (7:20 p.m.) 24
Cavanaugh recused himself from the discussion because of his interest in surrounding 25
properties. 26
27
Johnson stated that the applicant is requesting preliminary plat for 17 villa style 28
townhomes along with a variance from the maximum front yard setback from Hamel 29
Road. 30
31
Finke presented a request for a preliminary plat for 17 villa units on the property at 500 32
Hamel Road, which is 4.9 net acres. He stated that as discussed at the concept plan 33
review there is a stormwater pond on the property that serves mostly offsite areas and 34
was oversized to accommodate this development. He stated that because of that, the 35
Council decided that it would be reasonable to subtract some pond acreage from the 36
density calculation. 37
38
DesLauriers stated that he would like to see that applied consistently in the future, 39
should a similar situation present itself. 40
41
Finke stated that the property is guided, and zoned Uptown Hamel and the proposed 42
development did go through the concept plan review process earlier this summer. He 43
stated that generally the units on the south, facing Hamel Road, would have garages 44
facing the loop road in the center with the porches facing Hamel Road. He provided 45
additional details on the proposed site layout and noted that the looped road would be 46
standard width with parking allowed on one side of the street. He stated that the 47
garages for the homes on the north would also face the looped road. He explained how 48
the pond calculation was formed noting that 1.5 acres of the property is found within the 49
pond and the site only accounts for 20 percent of the pond storage, therefore 80 percent 50
of the pond area was removed from the site acreage for density purposes. He stated 51
Medina City Council Meeting Minutes 4
September 7, 2021
that the proposal falls on the low end of the density range for the Uptown Hamel zoning 1
district. He reviewed the setbacks within the zoning district noting that the Uptown 2
Hamel District has a maximum front setback of ten feet with the intent to pull buildings 3
closer to the road. He noted that this parcel has an easement from the Metropolitan 4
Council encumbering the first 30 feet, which is the reasoning behind the variance 5
request to push the front setback further from the road and out of the easement. He 6
stated that the variance criteria are found within the staff report and noted that the 7
Planning Commission supported the variance request as building is not allowed within 8
the easement. He noted that the Uptown Hamel zoning district requires a site plan 9
review and therefore staff recommends that be a part of the preliminary plat process. 10
11
Martin stated that she did not discern any issue with the variance request as she felt the 12
criteria had been met when the Council reviewed the concept plan. She confirmed that 13
there were no issues with the variance request from members of the Council. 14
15
DesLauriers stated that the Planning Commission minutes state that the developer 16
intends to sell the lots to a builder. He asked how the City would ensure the design is 17
maintained if there are multiple builders. 18
19
Finke stated that the general site layout provides the building envelopes. He stated that 20
related to site plan review, the most relevant item would be the architectural review of 21
the individual units. He stated that conceptual renderings were provided. He confirmed 22
that the developer is looking to market the lots to one builder, which would help with 23
consistency. He stated that there would be more information at the time of final plat, but 24
the City would look to establish specific design guides at the time of final plat. 25
26
Martin stated that the cottage craftsman type style in the concept elevations were 27
wonderful, along with the mix of materials and color schemes. She stated that staff did a 28
wonderful job calling out the components of the zoning code specific to this property. 29
She stated that she could imagine a contemporary or craftsman type home that would 30
also meet the design criteria. She stated that this is the first look into Hamel and the 31
desire for Hamel is to maintain a farm-based, rural character, and therefore the Council 32
should keep that in mind. She noted that standards could be crafted that implement that 33
vision through design guidelines and provided examples. 34
35
Albers agreed with many of the comments from Martin. He stated that there were not 36
specifications for what the look should be for this villa type product, therefore it would be 37
best to specify those details. He stated that he likes the examples provided but those 38
are only examples. He stated that he would prefer not to forgo the site plan review and 39
would prefer to hold that out until a builder is known, and the actual plans could be 40
provided. 41
42
Martin stated that this is a preliminary approval, and those additional details would be 43
specified prior to final plat approval. She stated that perhaps she would not call them 44
design guidelines but design requirements. She invited the applicant to address the 45
Council. 46
47
Fred Stetler, applicant, stated that they plan to partner with a single builder for the 48
project. He stated that in the concept review he heard the direction towards a craftsman 49
or modern farmhouse design, therefore that was the vision they followed. He stated that 50
they started working on a new design this past week and he would be happy to share 51
Medina City Council Meeting Minutes 5
September 7, 2021
and noted that variations on the elevations could be developed as well. He stated that 1
he is very excited and provided copies to the Council. He stated that they want to show 2
the City that they are very sensitive to their input and believe this would be a wonderful 3
and unique product in the market. 4
5
Martin commented that this captures the farmhouse type aesthetic she was looking for. 6
7
DesLauriers acknowledged that is what some members may desire but this area is next 8
to a commercial building and standard single-family ramblers. He stated that this design 9
would follow the comments some members of the Council provided and is a newer 10
design look that would follow the City Code. 11
12
Martin asked if the Council would be comfortable providing direction to staff and whether 13
the rendering matches the desires of the Council architecturally. 14
15
DesLauriers commented the Uptown Hamel zoning is very unique and challenging to 16
dictate criteria because of the mix of buildings that exist in that area. 17
18
Reid commented that this would make a good transition between the commercial 19
Uptown Hamel and the residential development. She stated that she does not worry 20
about consistency if there is only one builder. 21
22
Stetler stated that he has provided examples, and this is a transition property. He stated 23
that he would have the opportunity to work with staff between this time and final plat 24
review to present a detailed plan which would continue as site plan review. 25
26
Batty stated that perhaps information could be specified in an exhibit to the development 27
agreement. 28
29
Martin stated that the actions before the Council are the variance request and 30
preliminary plat. She stated the exhibit related to the development agreement could 31
include a requirement for design/architectural criteria specific to the discussion tonight 32
and City ordinance. She stated that would further be expressed in item 12 and provided 33
additional language that could be added to that statement. She also suggested that the 34
date be changed in item 12 to reflect the handouts provided tonight, September 7, 2021. 35
She provided additional language suggestions for item 13 related to the 36
design/architectural criteria. 37
38
Moved by Martin, seconded by Reid, to direct staff to prepare resolution approving the 39
variance and preliminary plat for Prairie Creek, subject to the terms and conditions noted 40
in the staff report with the amendments as described. 41
42
Further discussion: Finke referenced the widening of Hamel Road to facilitate on-street 43
parking. He stated that staff added condition four related to the widening of Hamel Road 44
for that purpose. 45
46
Albers asked the number of stalls that would be added. 47
48
Todd Olin, Landform, representing the applicant replied that there would be 14 spaces 49
provided, about 23 feet in length. 50
51
Medina City Council Meeting Minutes 6
September 7, 2021
Finke stated that the calculation for reimbursement by the City will be determined prior to 1
Final Plat. 2
3
DesLauriers asked if there is an estimate for that cost. 4
5
Olin estimated less than $25,000 stressing that is an estimate. He stated that cost 6
accounts for the pavement subbase, as the other costs (curb, gutter, stormwater, etc.) 7
would already be included in the original project cost. 8
9
DesLauriers stated that the project identified in the CIP and asked if that cost would be 10
the City’s portion. It was confirmed that $25,000 or less would be the City’s portion and 11
DesLauriers stated that he was comfortable with that cost. He asked for clarification on 12
the grading and drainage plan. 13
14
Finke provided details on the site and noted that fill would be needed on the eastern 15
portion of the site in order to drain to the pond. He suggested not including the not-to-16
exceed amount of $25,000 and noted that the final resolution can address the cost. 17
18
Albers referenced the buried debris on the site and asked how large the buried debris 19
field is on this site. 20
21
Finke stated that the developer did a thorough review on the site. 22
23
Stetler stated that there was extensive work done to gather that data before he 24
purchased the site and then did additional work with Braun. He stated that the debris is 25
a bullseye shape and covers about one third of the site. He noted that the smallest 26
section is about two or three feet of debris with the largest about eight feet of debris. He 27
stated that the road was designed and the construction method that will be used to 28
minimize impact. He stated that they continue to work with the MPCA. He provided 29
additional details on the soils composition and advised that helical piers will be used for 30
construction to minimize impact to the soils and debris. He stated that the majority of the 31
debris is concrete and rebar as it was a commercial building. He stated that the builder 32
he has been working with is comfortable with helical pier construction. 33
34
DesLauriers stated that perhaps the site benefited from the material the City excavated 35
when the pond was constructed. 36
37
Stremel stated that when the pond was constructed the City ran into a lot of concrete, 38
rebar, and some asbestos from the tile that was in the building. He noted that the City 39
provided its report to the applicant. 40
41
Finke stated the pond material was excavated for the City project to create the pond and 42
therefore the methods of avoidance the applicant will use were not available to the City. 43
44
Motion passed unanimously. (Cavanaugh abstained) 45
46
Cavanaugh rejoined the Council. 47
48
C. All Energy Solar/Steve Lerum – 2832 Hamel Road – Conditional Use Permit 49
(8:00 p.m.) 50
Medina City Council Meeting Minutes 7
September 7, 2021
Johnson stated that the applicant is requesting a Conditional Use Permit for a ground 1
mounted solar panel array for 112 panels at 2832 Hamel Road. 2
3
Baumgardner presented a Conditional Use Permit application from All Energy Solar for 4
the property at 2832 Hamel Road. She reviewed the surrounding adjacent uses, noting 5
that the subject property is 19 acres and located in the rural residential district. She 6
stated that the proposal would be located in the northwest area of the property adjacent 7
to the wetlands and would be two arrays totaling 112 panels. She reviewed the criteria 8
that must be considered and how they apply to the request. She stated that one public 9
comment was received in writing prior to the Planning Commission and reviewed the 10
concerns that were then addressed by the applicant and staff. She stated that the 11
Commission unanimously recommended approval of the CUP subject to the conditions 12
within the staff report. She stated that there was a condition added in response to the 13
written comments stating that the panels shall be nonreflective. 14
15
Cavanaugh stated that the presentation noted this would support 137 percent of the 16
annual power required for the household and asked if that is a limiting factor. 17
18
Baumgardner stated that she was unsure if additional panels would be desired by the 19
applicant. 20
21
Danielle DeMarre, All Energy Solar, stated that typically they recommend about 120 22
percent of the needed energy but additional was included to support the pool pump and 23
other elements. She stated that people do not typically want to generate more than 24
they can consume. 25
26
Cavanaugh asked if there would be benefit to creating a larger array. 27
28
DeMarre stated that typically a larger size is not recommended. 29
30
Cavanaugh commented that he is excited to see this type of project. 31
32
Albers asked if additional screening would help to address some of the concerns from 33
the written comment. 34
35
Martin commented that the Planning Commission added a condition that would ensure 36
the panels do not have a reflective nature to address the concern of the other resident. 37
She noted the distances the panels will be from adjacent property lines and stated that 38
she is fine with that distance. 39
40
DesLauriers noted that the property is large and asked what type of screening Albers 41
would recommend. 42
43
Albers suggested Black Hills Spruce or Arborvitaes. He was unsure if the adjacent 44
home would have a line of sight to the solar array. 45
46
Baumgardner stated that the neighboring property does have a line of sight to the array 47
but noted there are also elevation changes between the properties. She stated that if 48
there was additional screening, the neighboring property owner would still see the array 49
because the adjacent home is elevated on a hill. She stated that a comment was made 50
from a member of the Planning Commission that the array would only be visible from the 51
Medina City Council Meeting Minutes 8
September 7, 2021
third floor of the neighboring home but noted that comment was not confirmed by the 1
property owner or staff. 2
3
Reid commented that there will be minimal exposure to anyone else and she supports 4
alternative energy. 5
6
DesLauriers stated that while he does acknowledge the intent from Albers, it is a large 7
property, and he does not think it would impact the neighboring property. 8
9
Moved by DesLauriers, seconded by Cavanaugh, to direct staff to draft a resolution 10
approving the Conditional Use Permit based upon the findings and subject to the 11
conditions described in the staff report. 12
13
Further discussion: Albers stated that he will support the motion but believes additional 14
screening should be required. 15
16
DesLauriers confirmed that he would amend the motion to add additional screening if 17
necessary. 18
19
Martin stated that she would suggest the statement say screening provided if the array is 20
visible from the first floor of the neighboring home. 21
22
Baumgardner reviewed the typical screening recommendation. 23
24
Cavanaugh stated that the purpose of the solar panel is to capture the sun and if you 25
add landscaping that may shade the solar panels, that defeats the purpose. He stated 26
that the distance from the neighboring property is pretty far. He stated that his goal is to 27
make it easy for a homeowner to switch to alternative energy sources, not more difficult. 28
He stated that there are standards under the current ordinance. 29
30
Albers stated that one of those standards is screening, but that was discounted by the 31
Planning Commission because of the location on the property. 32
33
Batty commented that he would recommend that the Council not say “if necessary” in 34
the resolution as that would be difficult to determine. He stated that the Council needs to 35
determine when screening would be necessary in order to impose that or ask that the 36
applicant consider screening if it is simply a recommendation. 37
38
DesLauriers asked what additional screening would look like. 39
40
Albers stated that staff provided the requirement based on linear foot. 41
42
Martin noted that the site may already satisfy that requirement. 43
44
Baumgardner confirmed that the existing screening on the site meetings the 45
landscaping/screening requirement. 46
47
Albers asked if there is anything in the standard that states the screening would need to 48
be an approximate distance to the array. 49
50
Finke provided additional clarification on the screening requirement for solar arrays. 51
Medina City Council Meeting Minutes 9
September 7, 2021
1
Scherer stated that he lives across from an array and the placement of a few trees really 2
helped to provide screening. 3
4
Martin reviewed the language that could be used related to screening. 5
6
DesLauriers accepted the friendly amendment to the motion to add screening. 7
8
Motion passed unanimously. 9
10
D. Medina Townhome Development LLC – 1432 County Road 29 – PUD 11
General Plan and Site Plan Review (8:24 p.m.) 12
Finke stated that the Council reviewed this at a concept level earlier this year. The 13
subject site is guided for high density residential development which would require 12 to 14
14 units per acre. He stated that the PUD is requested to provide flexibility to underlying 15
zoning while better achieving the objectives of the City. He reviewed the adjacent 16
property uses. He noted that the proposal would include four buildings with a total of 23 17
units. He highlighted the other elements of the site including guest parking. He noted 18
that the proposal would have a density of 11 units per acre, which would be slightly 19
lower than the high-density range and noted that the Council seemed to support this 20
density in order to achieve the goal of rental townhomes. He stated that the underlying 21
zoning and requested flexibility is outlined in the staff report with the main variation being 22
the setback from the looped road. He stated that the applicant also proposes that two 23
units be reserved to provide affordable housing options within the community. He stated 24
that the architectural design proposed was included in the packet and exceeded the 25
underlying zoning requirements. He stated that there was discussion of the Planning 26
Commission to accommodate additional architectural details into the garage doors on 27
the internal portion of the site and the applicant has stated that they will add windows. 28
He stated that the proposal would preserve five trees along Baker Park but would 29
remove the remainder. He provided details on tree replacement that would be required 30
and stated that because the property is designated for high density and the trees are 31
spread around the site, staff determined that it would be difficult to preserve trees and 32
develop the site as high density. He stated that staff recommends replacement of 120 33
inches, which likely could not all be planted on the site and therefore a payment could 34
also be made into the City’s reforestation account. He provided details on the tot lot and 35
open space area proposed noting that the Planning Commission wanted to see 36
recreation opportunities for older children as well. He stated that there have been 37
conversations with the developer and other entities to discuss non-motorized pedestrian 38
opportunities and connections and provided a summary of those discussions. He stated 39
that ultimately the recommendation was to grade out the section where the trail 40
connection could go but not require construction of that trail. He reported that the 41
Planning Commission held a public hearing at its last meeting and one resident made 42
broad comments about the City and its changes to high density housing. He stated that 43
the Commission unanimously recommended approval of the request. 44
45
Reid referenced the tot lot which is shown in primary colors. She stated that in the past 46
the City requested more neutral/natural colors and she would like to see that in this 47
development as well. She stated that she has been following this project since inception 48
on the Planning Commission. She noted that along the way the developer has made 49
various changes in response to the comments from the City. She stated that it is a tight 50
site, but the City needs rental townhomes and therefore she supports this project. 51
Medina City Council Meeting Minutes 10
September 7, 2021
1
DesLauriers stated that the property owner has worked on this over the course of the 2
past three years and has done everything the City has asked them to do. 3
4
Albers agreed and commented that the developer has done great work. 5
6
Cavanaugh agreed that this is a great job on a challenging site. 7
8
Martin stated that she likes the vision of creating a rental townhome development for 9
families. She provided suggested language changes and additions to the proposed 10
conditions. 11
12
Moved by DesLauriers, seconded by Martin, to direct staff to prepare documents 13
granting approval of the PUD General Plan of Development adding language related to 14
the color of the play structure to a more natural color. Motion passed unanimously. 15
16
IX. CITY ADMINISTRATOR REPORT (8:42 p.m.) 17
Johnson reported that Celebration Day will be held on September 18th. He stated that 18
local, long-term, Reporter Sue Van Cleaf was let go from the Crow River News, noting 19
that she covered the City for years and will be missed. 20
21
Martin stated that the Council and staff appreciate her years of service and good 22
reporting. 23
24
DesLauriers asked if assistance is needed for Celebration Day. 25
26
Gallup stated that help with teardown would be appreciated. 27
28
Martin reviewed some suggestions for upcoming worksession discussions. 29
30
X. MAYOR & CITY COUNCIL REPORTS (8:44 p.m.) 31
Reid provided an update on progress she has made related to branding for Uptown 32
Hamel. 33
34
Albers noted that there is a sign for Hamel but nothing advertising the businesses. 35
36
Reid commented that the monument sign was done years and years ago and could most 37
likely be replaced as that would assist with branding once that process progresses. 38
39
XI. APPROVAL TO PAY THE BILLS (8:48 p.m.) 40
Moved by DesLauriers, seconded by Martin, to approve the bills, EFT 006051E-41
006077EE for $111,429.49, order check numbers 051919-051976 for $224,195.72, and 42
payroll EFT 0511236-0511300 for $110,927.62. Motion passed unanimously. 43
44
XII. CLOSED SESSION: POLICE UNION CONTRACT PURSUANT TO MINN. 45
STAT. 13D.03 46
Moved by Martin, seconded by Cavanaugh, to adjourn the meeting to closed session at 47
8:49 p.m. for the purposes of discussing the police union contract pursuant to Minn. Stat. 48
13D.03. Motion passed unanimously. 49
50
The meeting returned to open session at 9:05 p.m. 51
Medina City Council Meeting Minutes 11
September 7, 2021
1
XIII. ADJOURN 2
Moved by Cavanaugh, seconded by Albers, to adjourn the meeting at 9:06 p.m. Motion 3
passed unanimously. 4
5
6
__________________________________ 7
Kathleen Martin, Mayor 8
Attest: 9
10
____________________________________ 11
Jodi M. Gallup, City Clerk 12
MEMORANDUM
TO: Mayor and City Council
FROM: Jodi Gallup, Assistant City Administrator &
Steve Scherer, Public Works Director
DATE OF REPORT: September 14, 2021
DATE OF MEETING: September 20, 2021
SUBJECT: Public Works Maintenance Technician Appointment
General Background
At the July 6, 2021 regular meeting, the City Council authorized the recruitment to fill a
vacancy for a full-time Public Works Maintenance Technician position.
City staff received 12 applications seeking the full-time public works position. The top
three candidates were invited in for interviews on September 13th with Public Works
Director Steve Scherer, Public Works Foreman Derek Reinking, Administrative Assistant
Lisa DeMars, and Assistant City Administrator Jodi Gallup. Staff conducted reference
checks, employment verifications, and a background check on our top candidate, and we
feel that we have selected the best overall person for this position.
Appointee Background
Jeremy Thorson’s background includes 14 years of combined experience working as a
heavy equipment mechanic for Tristate Drilling and as a Fleet Technician with Xcel
Energy. He holds a Class A CDL driver license with tanker endorsement, MN DOT
inspector certification, along with various other vehicle certifications. It is our belief that
Jeremy will be a great addition to the City of Medina.
Recommendation
We recommend City Council approve the hiring of Jeremy Thorson to the position of
Public Works Maintenance Technician, effective October 11, 2021, contingent on
passing pre-employment drug screening, with a beginning hourly wage (non-exempt) of
$31.90/hr. and other benefits to be at the same rate as other non-union employees, in
accordance with the City Personnel Policies. A probationary period is recommended for
the position of 6-months, starting from the date of hire.
Agenda Item #5A
Resolution No. 2021-XX
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2021-XX
RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR GROUND MOUNTED SOLAR PANELS OF 2,328 SQUARE FEET FOR THE
PROPERTY AT 2832 HAMEL ROAD
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, All Energy Solar and Stephen T. Lerum (collectively, the “Applicants”)
include the owner of the property located at 2832 Hamel Rd (the “Property”), which is legally
described in Exhibit A, attached hereto; and
WHEREAS, the Applicants have requested a conditional use permit for construction of
an 112-panel ground mounted solar array with a footprint of approximately 2,328 square feet on
the Property; and
WHEREAS, Section 828.09 of the City Code states that the City may grant a conditional
use permit to allow for ground-mounted solar equipment with a footprint greater than 1,500
square feet and less than 4,000 square feet; and
WHEREAS, the Planning Commission held a public hearing and reviewed the requested
conditional use permit on August 10, 2021, heard testimony from the Applicants, City staff, and
interested parties, and recommended approval subject to certain conditions; and
WHEREAS, the City Council reviewed the request at the September 7, 2021 meeting,
reviewed the testimony and recommendation of the Planning Commission and took additional
testimony; and
WHEREAS, following such review, the City Council hereby finds that the proposed use
for ground mounted solar is consistent with the specific requirements for the conditional use as
described in Section 828.09 and 825.39 of the City Code, subject to the conditions noted in this
resolution.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby approves the conditional use permit for the ground mounted solar equipment noted above,
subject to the following terms and conditions:
1) The Applicants will install additional screening in areas directly in the line of site of the
neighboring property to the northwest. The screening shall be a minimum of one shrub
Agenda Item #5B
Resolution No. 2021-XX 2
per 10 linear feet or one tree per 30 linear feet and installed within the vicinity of the
array in accordance with a plan approved by city staff.
2) The solar equipment shall not exceed 15 feet in height.
3) The owner of the property shall be responsible to maintain the existing vegetation along
the property line to the north and west of the solar equipment and the new vegetation
noted in condition 1 as long as the solar equipment is installed on the Property.
4) The solar equipment shall be non-reflective in nature.
5) The equipment or device must be in compliance with all state and federal regulations
regarding co-generation of energy.
6) The Applicants shall provide an emergency response plan to the Police and
Fire Department for review.
7) The Applicants shall obtain all necessary permits for installation of the solar
equipment and shall meet all relevant requirements.
8) The Applicants shall pay to the City a fee in an amount sufficient to reimburse the City
for the cost of reviewing the zoning amendment, conditional use permit, and other
relevant documents.
Dated: _________, 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.
Resolution No. 2021-XX 3
EXHIBIT A
Legal Description of the Property
Chippewa Road – Arrowhead to Mohawk Page 1 of 2 September 21, 2021
Wetland Replacement City Council Meeting
MEMORANDUM
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director
DATE: September 16, 2021
MEETING: September 21, 2021 City Council
SUBJ: Chippewa Road – Arrowhead Drive to Mohawk Drive –
Wetland Replacement
Background
At the May 18, 2021 meeting, the City Council discussed the wetland replacement costs related
to construction of Chippewa Road from Mohawk Drive to Arrowhead Drive. During review of
the Weston Woods development, the developer indicated they would be responsible for the
construction of the roadway, and the City would complete permitting and be responsible for the
cost of wetland mitigation.
Construction of the roadway is projected to impact a total of 2.81 acres of the wetland. This
includes 0.37 acre of DNR regulated wetlands and 2.44 acres of adjacent wetlands regulated by
the Wetland Conservation Act.
The City has received approval from relevant agencies for the impacts, and the required
mitigation is to purchase credits from a wetland replacement bank at a 2:1 ratio.
The City Council directed staff to enter into agreements
to reserve credits from two wetland banks following
discussion at the May 18 meeting. The table to the right
describes the costs. This amount of Corps of
Engineering-eligible credits is sometimes difficult to find
in Hennepin County, and staff believed it was a good price.
To reserve the credits, Bank 1649 required a 10% down payment, which was paid. No money
has been paid to Bank 1664 to date. In the original agreement with both banks, the City was
required to close on the credits by the end of September. However, staff had not recommended
purchasing the credits until permitting was completed and the Weston Woods development
began to proceed.
Reservation Fees
Weston Woods has now submitted for Final Plat review. The two wetland banks
have agreed to extend the closing date to the end of the year with an additional
10% reservation fee for each. Staff recommends executing the amended
agreements and submitting the 10% reservation fee for each bank.
Bank ID County Acres Cost
1649 Hennepin 2.25 250,186.50
1664 Anoka 3.37 364,447.98
5.62 $614,634.48
Bank ID
10% Res
Fee
1649 $24,502.50
1664 $35,671.72
Agenda Item #5C
Chippewa Road – Arrowhead to Mohawk Page 2 of 2 September 21, 2021
Wetland Replacement City Council Meeting
Funding
The Road Fund currently has a balance of $727,310, and staff recommends paying the
reservation fees from the fund. The City has identified a number of large projects in the coming
years which exceed the amount in the Road Fund. However, these other projects can more
effectively utilize other revenue streams such as bonding, Municipal State Aid (MSA) funding,
and assessments. The fact that the Chippewa Road costs are limited to wetland replacement and
are in connection with a project being constructed by a developer make this a good candidate for
existing Road Funds.
In terms of funding the entire wetland mitigation cost, the current draft development agreement
for Weston Wood includes a provision that the developer agrees to pay $286,142 towards the
wetland mitigation cost. The City would reduce the developer’s water connection fees in a like
amount to account for the fact that the
developer is constructing a watermain loop
from Arrowhead Drive to Mohawk Drive along
with their development. If the development
did not construct the watermain connection, the
City has projected it as a cost to the Water Capital Fund. Staff would recommend that the
remaining amount be utilized from the Road Fund.
Recommended Actions
1) Move to authorize execution of agreements necessary to extend closing dates for credits
from wetland banks 1649 and 1664 to the end of 2021.
2) Move to authorize reservation fee payments of $24,502.50 to Bank 1649 and $35,671.72
to Bank 1664
Developer Contribution offset by
Water Connection Fee credits $286,142.00
Road Fund $328,492.48
Total $614,634.48
Ordinance No. ### 1
DATE
CITY OF MEDINA
ORDINANCE NO. ####
AN ORDINANCE ESTABLISHING A PLANNED UNIT DEVELOPMENT DISTRICT
FOR BAKER PARK TOWNHOMES
AND AMENDING THE OFFICIAL ZONING MAP
THE CITY COUNCIL OF MEDINA, MINNESOTA ORDAINS AS FOLLOWS:
Section 1. The City of Medina received a request to change the zoning classification of
the property legally described in Exhibit A (the “Property”) to Planned Unit Development.
Based on the written and oral record before the Planning Commission and City Council during
review of the request as well as all additional testimony submitted to the City, the City Council
has found that the proposed rezoning of the Property to Planned Unit Development is consistent
with the Comprehensive Plan and serves the purpose of the Planned Unit Development district.
Section 2. The Property is hereby rezoned to PUD, Planned Unit Development. The
location of the zoning amendment is depicted on the map in Exhibit B, attached hereto.
Section 3. The Baker Park Townhomes Planned Unit Development General Plan is
hereby approved.
A. All entitlements, including but not limited to, allowed uses, density, dimensional
standards, setbacks and development standards established within this PUD
District are hereby set forth by the Baker Park Townhomes General Plan dated
7/27/2021, which are incorporated herein by reference, except as may be modified
by this ordinance or Resolution 2021-##.
B. Any standards not specifically addressed by this Ordinance shall be subject to the
requirements set forth by the City of Medina Zoning Ordinance, including the
Residential-Multiple Family (“R4”) zoning district and other relevant standards.
Section 4. Allowed Uses. The allowed uses within the PUD District shall be as follows:
A. Permitted Use. Townhouse Dwellings are permitted as depicted on the PUD
General Plan.
B. Accessory Uses. The accessory uses shall be those described in the R4 zoning
district.
Section 5. Lot Standards. The standards of the R4 zoning district shall apply except as
explicitly described below.
A. Density of Development; Minimum and Maximum Net Area per Unit: The Property
shall permit 23 townhouse dwellings as depicted on the General Plan.
Agenda Item #5D
Ordinance No. ### 2
DATE
B. Street setbacks:
i. The minimum yard setback to the street right-of-way to the south shall be
20 feet. Covered porches with an area of no more than 50 square feet per
dwelling may encroach within this yard setback, but no more than five feet.
ii. The minimum yard setback to the County Road 29 right-of-way to the west
shall be as depicted on the General Plan (83-feet from municipal boundary).
C. Maximum impervious surface coverage: 65% after excluding area of stormwater
pond.
Section 6. Design and Development Standards. All standards not specified by this
ordinance are to be the same as found in the Medina Zoning Ordinance for the relevant
underlying zoning district. The following deviations from the underlying performance standards
are hereby in place for the Baker Park Townhomes Planned Unit Development:
A. Building Materials and Design shall be consistent with the General Plan of
Development.
B. Landscaping shall be consistent with the General Plan of Development
C. Exterior lighting on the north of the northern buildings shall be downcast and
shielded such that no more than 0.0 footcandles of light trespasses on the northern
property line.
D. The Owner(s) of the Property shall provide and maintain recreational amenities as
depicted on the General Plan, or similar amenities as updated in the future with
the approval of City staff.
Section 7. The City of Medina Zoning Administrator is hereby directed to place this
ordinance into effect and to make the appropriate changes to the official zoning map of the City of
Medina to reflect the change in zoning classifications as set forth above.
Section 8. A copy of this Ordinance and the updated map shall be kept on file at the
Medina City Hall.
Section 9. This Ordinance shall be effective upon its passage and publication.
Adopted by the Medina City Council this _____ day of ______, 2021.
CITY OF MEDINA
By:
Kathleen Martin, Mayor
Attest:
Ordinance No. ### 3
DATE
By:
Jodi M. Gallup, City Clerk
Published in the Crow River News on this day the ______ of ______, 2021.
Ordinance No. ### 4
DATE
EXHIBIT A
Legal Description of the Property
To Be Inserted
Ordinance No. ### 5
DATE
EXHIBIT B
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 a planned unit development district for “Baker Park Townhomes” and
amending the official zoning map; 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 five 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
a planned unit development district for “Baker Park Townhomes.” The ordinance rezones
property located at 1432 Baker Park Road (PID 3011823220004) to planned unit development
and establishes regulations for development of 23 townhome units.
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.
Agenda Item #5E
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 ________
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-##
DATE
Member ______ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2021-##
RESOLUTION GRANTING PUD GENERAL PLAN AND SITE PLAN REVIEW
APPROVAL FOR BAKER PARK TOWNHOMES
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Granite Investments, LLC (the “Owners”) own property located at 1432
County Road 29 (the “Property”), which is legally described in Exhibit A, attached hereto; and
WHEREAS, Medina Townhome Development LLC (the “Developer”) has requested
approval of a planned unit development general plan and a site plan review to develop the
Property into 23 rental townhomes; and
WHEREAS, on August 10, 2021, the Planning Commission held a duly noticed public
hearing, reviewed the information provided by the Developer and City staff, heard testimony from
interested parties, and recommended approval of the general plan and site plan review; and
WHEREAS, on September 7, 2021, the City Council reviewed the proposed general plan
and site plan review, considered the recommendation of the Planning Commission and heard
additional testimony; and
WHEREAS, the City Council finds that the proposed Planned Unit Development:
a. Provides for housing type which is currently relatively limited within the City;
b. Provides for higher standards of site and building design;
c. Effectuates the objectives of the Comprehensive Plan; and
d. Results in a more desirable environmental than might be possible through strict application
of zoning and subdivision regulations.
WHEREAS, subject to the fulfillment of the conditions noted below, the City Council
finds that the proposed site plan is consistent with the requirements of the zoning ordinance,
including the applicable development standards.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby grants approval of the PUD general plan and site plan review for Baker Park Townhomes,
subject to the following terms and conditions:
1) The Developer shall enter into a development agreement satisfactory to the City which
shall include the requirements described below as well as other relevant requirements of
City ordinance or policy.
Agenda Item #5F
Resolution No. 2021-## 2
DATE
2) The Developer shall install site improvements shown on the plans received by the City on
July 27, 2021, except as modified herein. The design of all improvements shall be
reviewed and approved by the City Engineer prior to commencing construction.
3) The design of the townhome buildings shall be as shown in the plans received by the City
on July 1, 2021, except as modified herein.
4) The Developer shall provide a letter of credit prior to any site construction in an amount
recommended by the City Engineer to ensure completion of the required improvements.
5) The Developer shall grant drainage and utility easements to the City over all utilities,
stormwater improvements, and drainageways in a form required by the City Attorney.
6) The Developer shall provide 120 inches of replacement trees. Replacement may consist
of any combination of on-site planting, credit for larger landscaping trees, and payment
of $100 per replacement inch to the City’s environmental fund for reforestation and
woodland management. The Developer shall also record a tree preservation declaration
against the Property in a form required by the City Attorney.
7) The site design shall meet the recommendations of Public Safety and Maple Plain Fire
with regard to emergency vehicle access and circulation.
8) A privacy fence shall be provided along the northern property line adjacent to the existing
single-family lot and said fence shall be subject to approval by City staff.
9) Exterior lights on northern facing patios shall be downcast to prevent light trespass from
property to the north.
10) The Developer shall update plans to increase the width of the public roadway as
recommended by the City Engineer.
11) The Developer shall agree that two of the units are reserved for rental at or below 80%
AMI, and such requirement shall be recorded against the Property in a form required by
the City Attorney.
12) The Developer shall update plans to extend the sidewalk connection along the new public
street to the south and to provide pedestrian ramps at Baker Park Road.
13) The Developer shall meet the City’s stormwater requirements and shall execute a
stormwater maintenance agreement, in a form approved by the City Attorney, which shall
be recorded against the Property.
14) The Developer shall update plans for recreational amenities to provide amenities for older
children and to ensure that equipment is of a natural color tone.
15) The Developer shall update the grading and stormwater plan to accommodate a future
trail along County Road 29 and shall grant a public easement to accommodate said trail
in a form required by the City Attorney.
16) The Developer shall grant additional public right-of-way along County Road 29 to
accommodate the request of Hennepin County.
17) No Lawn/landscaping irrigation system shall be connected to the municipal water supply
system unless approved by the City of Maple Plain.
18) The Developer shall update hydrant locations to reduce the amount of watermain under
proposed private improvements, subject to approval by the Fire Marshal and Maple Plain
Fire.
19) The Developer shall update plans to provide windows within garage doors.
20) The Developer shall address the comments of the City Engineer and shall be subject to
review and approval by Hennepin County, Minnehaha Creek Watershed District, and
other relevant agencies.
Resolution No. 2021-## 3
DATE
21) The Developer shall provide title documentation and abide by the recommendation of the
City Attorney with regard to title matters and recording instructions for all documents
required and to be recorded against the Property.
22) The Developer shall pay to the City a fee in an amount sufficient to reimburse the City
for the cost of reviewing the general plan, construction plans, and other relevant
documents, and for drafting and review of all agreements and instruments required
herein.
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 the Property
746473.v3
DRAFT 9-16-21
PLANNED UNIT DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF MEDINA
AND
MEDINA TOWNHOME DEVELOPMENT LLC
This document drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
Agenda Item #5G
i
746473.v3
TABLE OF CONTENTS
PAGE
1. Zoning; Adherence to General Plan .............................................................................................. 1
2. Right to Proceed ............................................................................................................................ 2
3. Plans; Improvements ..................................................................................................................... 2
4. Erosion Control ............................................................................................................................. 3
5. Site Grading; Haul Routes ............................................................................................................ 3
6. Construction of Improvements ..................................................................................................... 4
7. Public Street Improvements .......................................................................................................... 5
8. Sanitary Sewer and Water Improvements ..................................................................................... 5
9. Stormwater Improvements ............................................................................................................ 6
10. Landscaping Plan; Landscape Irrigation System; Tree Removal ................................................. 6
11. Street Lighting and Signs .............................................................................................................. 7
12. Trails and Sidewalks ..................................................................................................................... 7
13. Letter of Credit .............................................................................................................................. 7
14. City Trunk Connection Rates; SAC Fees ..................................................................................... 8
15. Responsibility for Costs; Escrow for Construction Inspection ..................................................... 8
16. Developer’s Default ...................................................................................................................... 9
17. Insurance ....................................................................................................................................... 9
18. No Building Permits Approved; Certificates of Occupancy ......................................................... 9
19. Clean up and Dust Control .......................................................................................................... 10
20. Compliance with Laws ............................................................................................................... 10
21. Agreement Runs with the Land .................................................................................................. 10
22. Indemnification ........................................................................................................................... 10
23. Assignment ................................................................................................................................. 10
24. Notices ........................................................................................................................................ 10
25. Severability ................................................................................................................................. 11
26. Non-waiver ................................................................................................................................. 11
27. Counterparts ................................................................................................................................ 11
SIGNATURES .......................................................................................................................................... 12-13
EXHIBIT A LEGAL DESCRIPTION OF PROPERTY
EXHIBIT B LIST OF PLAN DOCUMENTS
EXHIBIT C FORM OF RIGHT-OF-WAY EASEMENT
EXHIBIT D FORM OF DRAINAGE AND UTILITY EASEMENT
EXHIBIT E FORM OF STORMWATER MAINTENANCE AGREEMENT
EXHIBIT F FORM OF TREE PROTECTION DECLARATION
EXHIBIT G FORM OF TRAIL EASEMENT
EXHIBIT H IMPROVEMENT COST ESTIMATE
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This Planned Unit 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 Medina Townhome Development LLC,
a Minnesota limited liability company (the “Developer”).
WITNESSETH:
WHEREAS, the Developer is fee owner of the property located at 1432 County Road 29,
which is legally described in Exhibit A attached hereto (the “Property”); and
WHEREAS, the Developer previously submitted an application for approval to rezone the
Property to Planned Unit Development, for approval of a General Plan of Development, and for
approval of a site plan to accommodate a 23-unit rental townhome development within four structures
on the Property (the “Development”); and
WHEREAS, on September 21, 2021, the City conditionally rezoned the Property to Planned
Unit Development via Ordinance No. ____, and granted conditional approval of both the General
Plan of Development (the “General Plan”) and site plan via Resolution No. 2021-___; and
WHEREAS, the aforementioned ordinance and resolution related to the rezoning, the General
Plan, and the site plan shall be collectively referred to herein as the “City Approvals”; and
WHEREAS, the City Approvals are contingent upon the Developer entering into a planned
unit development agreement satisfactory to the City.
NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the
parties agree as follows:
1. Zoning; Adherence to General Plan. a) Subject to execution of this Agreement and
all other conditions contained in the City Approvals, the Property has been zoned Planned Unit
Development and may be developed with no more than 23 residential units. Although this represents
less density that what is contemplated under the City’s comprehensive plan, it was approved because
the City, based on the plans submitted by the Developer, determined that the development exceeds
other City zoning standards, as the comprehensive plan allows for up to -10% density flexibility under
said circumstances. Approval of said flexibility is strictly conditioned upon the Developer’s
compliance with all terms and conditions of the City Approvals and this Agreement.
b) Adherence to the City Approvals involves restrictions on the Developer’s ability to
use and develop the Property. The Developer has carefully reviewed the City’s planned unit
development ordinance and the terms and conditions of the City Approvals and understands the
limitations on the use and development of the Property that such regulations and approvals impose.
The Developer has knowingly and willingly agreed to be bound by such regulations and approvals
because it has concluded it is in its best interests to see the Property developed pursuant to such
regulations and approvals.
2. Right to Proceed. The Developer may not construct public or private improvements
or any buildings on the Property until all of the following conditions precedent have been satisfied:
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a) this Agreement has been executed by the Developer and the City;
b) the required Letter of Credit (as hereinafter defined) has been received by
the City from or on behalf of the Developer;
c) final engineering and construction plans in digital form regarding the
Improvements (as hereinafter defined) have been submitted by the
Developer and approved by the City engineer;
d) the Developer has reimbursed the City for all legal, engineering and
administrative expenses incurred to date by the City regarding the
Development and has deposited with the City the additional inspection
escrow required by this Agreement;
e) the Developer has executed a right-of-way easement substantially in the
form attached hereto as Exhibit C;
f) the Developer has executed a drainage and utility easement substantially in
the form attached hereto as Exhibit D;
g) the Developer has executed a stormwater maintenance agreement
substantially in the form attached hereto as Exhibit E;
h) the Developer has executed a tree preservation declaration substantially in
the form attached hereto as Exhibit F;
i) the Developer has executed a trail easement substantially in the form
attached hereto as Exhibit G;
j) the Developer has submitted and the City has approved the certified grading
plan;
k) all erosion control measures are in place;
l) the Developer has received all required permits from the Minnehaha Creek
Watershed District, the Minnesota Pollution Control Agency, the Minnesota
Department of Health, the Metropolitan Council, Hennepin County, and any
other entity having jurisdiction over the Development;
m) the Developer or the Developer’s engineer has initiated and attended a
preconstruction meeting with the City engineer and staff; and
n) the City has issued a notice that all conditions precedent have been satisfied
and that the Developer may proceed to construct the improvements
contemplated by this Agreement.
Notwithstanding the foregoing, the Developer may request written approval from the City to allow
the commencement of construction of certain specifically identified Improvements prior to the
satisfaction of condition 2(l), provided, however, that any decision regarding whether to grant such
written approval shall be left entirely to the discretion of City staff and consultants.
3. Plans; Improvements. a) The Developer agrees to construct the Development in
accordance with the terms and conditions of the City Approvals, which are hereby fully incorporated
by reference into this Agreement and made a part hereof, and to construct all required improvements
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 City Approvals 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
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provided in this Agreement. Notwithstanding the foregoing, City staff may approve minor changes
to the Plans.
b) In constructing the Development in accordance with the Plans, the Developer shall
make or install at its sole expense the following public and private improvements (collectively, the
“Improvements”):
1. site grading;
2. public street improvements;
3. parking lot and private driveway;
4. sanitary sewer;
5. municipal water distribution system;
6. stormwater facilities; and
7. landscaping and privacy fence.
c) All work performed by or on behalf of the Developer on or related to the
Development, including construction of the Improvements and the townhome structures and related
improvements, shall be restricted to the hours of 7:00 a.m. through 8:00 p.m., Monday through Friday
and 8:00 a.m. through 5:00 p.m. on Saturday.
4. Erosion Control. a) All construction regarding the 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 Improvements will
be allowed and no building permits will be issued within the Development 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.
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5. Site Grading; Haul Routes. a) In order to construct the Improvements and
otherwise prepare the land for development, it will be necessary for the Developer to grade the
Property. All site grading must be done in compliance with 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 Development 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 equipment, materials, and any fill material which must
be brought to or removed from the Property or adjacent areas while grading or during construction
of the Improvements or any buildings within the Development will be transported using the haul
route established by the City and will not be transported on any City street unless designated and
approved by the City in writing. The City designates the haul route as County Road 29 to either
Highway 12 or County Road 19.
6. Construction of Improvements. a) All Improvements shall be installed in
accordance with the Plans, the City Approvals, this Agreement, City ordinances, 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 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 Minnehaha Creek Watershed
District 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 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. All Improvements required
by this Agreement shall be completed by no later than December 31, 2022, 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 Improvement, or portion or element thereof, which shows signs of
failure, normal wear and tear excepted. A decision regarding whether an Improvement shows
signs of failure shall be made by the City in the reasonable exercise of its judgment. If the
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Developer fails to repair or replace a defective Improvement during the warranty period after prior
written notice to Developer and opportunity to cure as provided in section 20 of this Agreement,
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 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 against the Property in the amount of such required reimbursement, provided,
however, it does not exceed the amount required for the Letter of Credit. The Developer, on behalf
of itself and its successors and assigns, acknowledges the benefit to the Property of the repair or
replacement of the Improvements and hereby consents to such assessment and waives the right to
a hearing or notice of hearing or any appeal thereon under Minnesota Statutes, Chapter 429.
7. Public Street Improvements. a) The Developer agrees to construct a new public street
from County Road 29 to the point where it turns south off the Property, all in accordance with the
City’s street specifications and the Plans. The City’s street specifications 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) The street construction shall be completed by no later than the date for completion of
all Improvements, except that the final wear course of bituminous on the new street section shall not
be completed until after (i) a certificate of occupancy has been issued for all townhomes in the
Development; and (ii) one freeze-thaw cycle occurs following the completion of the initial street
improvements, i.e. everything except for final wear course. Notwithstanding the above, the City
reserves the right to require installation of the wear course on the street whenever, at its sole discretion,
it deems that to be in the public interest. The Developer shall also repair or replace any broken or
failing curbs and sidewalks at the time of installation of the final wear course of bituminous.
c) Following completion of the public street addressed in this section 7 and the inspection
thereof by the city engineer, the City agrees to accept said street for maintenance if it had been
constructed according to City specifications, including the Engineering Standards and the Plans.
Notwithstanding the foregoing, removal of snow and ice from said street shall remain the
responsibility of the Developer until the street is extended or otherwise utilized for access by one or
more additional parcels.
d) Hennepin County has reviewed the proposed Development and requested that the
Developer execute a right-of-way easement, in the general form attached hereto as Exhibit C, to
provide for additional public right-of-way along County Road 29. The Developer agrees to execute
said easement, which shall be recorded together with the other documents related to the Development.
8. Sanitary Sewer and Water Improvements. a) The Developer agrees to construct
sanitary sewer and water improvements to serve the Development. 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 portion of sanitary sewer within the public
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right-of-way along the south of the Development will be dedicated by the Developer to the City
as public improvements upon completion and acceptance by the City. The sanitary sewer
improvements north and east of manhole 2, as shown on the Plans, shall be privately owned and
maintained by the Developer. The water extensions within public right-of-way and extending
north through the driveway to the approximate location of the tot lot, as shown on the Plans, will
be dedicated by the Developer to the City as public improvements upon completion and acceptance
by the City. The Developer agrees to execute a drainage and utility easement, in the form attached
hereto as Exhibit D, so that the City has the authority to inspect and maintain all public
infrastructure in the future. Said easement shall also include perimeter easements and all other
drainage and utility easements deemed necessary pursuant to this Agreement or from the
standpoint of the city engineer.
9. Stormwater Improvements. 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 underground filtration
basin and related facilities, all as shown on the Plans, which shall be built to accommodate a future
trail along the western boundary of the Property. The stormwater facilities serving the Development
will remain private and will be maintained by the Developer at its sole expense. The City does not
intend to accept the stormwater facilities as public and does not intend to maintain them. In order to
meet the requirements of the 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 E. 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
the Property and will run 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 or
its successors and assigns 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 to
do so; and iv) if the City performs any work on the stormwater facilities after reasonable notice to
the Developer and the failure of the Developer to perform the work, the City intends to specially
assess the cost of such work against the Property.
10. Landscaping Plan; Landscape Irrigation Plan; Tree Removal. 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. The
Developer shall also construct a privacy fence along the Property’s northern boundary, as contained
in the Plans.
b) Any automatic water irrigation system utilized on the Property shall adhere to city of
Maple Plain requirements, as the public water provided to the Development will be from the city of
Maple Plain. The Developer will submit the plans for the irrigation system prior to any permit
being issued for any structures within the Development.
c) The Developer shall provide replacement of 120 inches of trees pursuant to the
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City’s tree preservation ordinance and the City Approvals. The Developer shall plant replacement
trees as shown in the Plans. In lieu of planting additional replacement trees, and prior to
commencing construction of the Improvements, the Developer may pay a fee of $_______ to the
City’s environmental fund for the purpose of reforestation and woodlands management. Any tree
removal on the Property beyond what is contained in the Plans is subject to additional replacement
or fees in accordance with the City’s tree preservation ordinance.
d) The Developer agrees to execute and record a tree preservation declaration by
separate instrument in the form attached hereto as Exhibit F. Additionally, during construction of
the Improvements and any structures on the Property, the Developer shall place signage on the
Property regarding the limitations on tree removal.
11. Street Lighting and Signs. The Developer agrees to install street lighting and street
signs in accordance with the Plans and 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. 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.
12. Trails and Sidewalks. All sidewalks shall be constructed by the Developer in
accordance with the Plans. The internal sidewalks, i.e. the sidewalks that are not along the new
public street, shall be privately owned and maintained by the Developer and the City shall have no
obligation to maintain, repair, or replace such sidewalks. Additionally, the Developer shall execute
a trail easement in the form attached hereto as Exhibit G to accommodate the future construction
of a north-south trail along the Property’s western boundary. The Developer agrees to grade the
Property to accommodate the future trail, and, accordingly, the Plans include said grading
components.
13. Letter of Credit. a) In order to ensure completion of the Improvements required
under this Agreement and satisfaction of all fees due to the City, the Developer agrees to deliver
to the City prior to the issuance of any City permits related to the Development, a letter of credit
(the “Letter of Credit”) in the amount of $_______________ which represents 150 percent of the
estimated cost of the Improvements as specified in the Plans. This amount represents the
maximum risk exposure for the City, with careful consideration of the Improvements that will
eventually be publicly owned, and is based on the anticipated sequence of construction and the
estimate of cost of each element of the Improvements rather than the aggregate cost of all required
Improvements. The Letter of Credit shall be delivered to the City prior to beginning any work on
the 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 H 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
Improvements and other specified work within the Development 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.
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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
street; expiration of the aforementioned two-year warranty period; 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 Development. 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 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.
14. 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 rates are typically adjusted annually. 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.
b) The Metropolitan Council also 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.
15. Responsibility for Costs; Escrow for Construction Inspection. a) The Developer
agrees to pay to the City an administrative fee in the amount necessary to reimburse the City for
its reasonable costs and expenses in reviewing the Development, 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
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relating to construction of the Improvements. Construction observation shall include inspection
of all the Improvements. In order to reimburse the City for the reasonable cost of inspection of the
Improvements, the Developer shall deposit an additional $______________ 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.
16. Developer’s Default. In the event of default by the Developer as to construction or
repair of any of the 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 Property to recover the costs thereof, provided, however, that it does not
exceed the total Letter of Credit amount specified in section 14. 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.
17. 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 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.
18. No Building Permits Approved; Certificates of Occupancy. a) Approvals granted
to date by the City regarding the Development do not include approval of a building permit for
any structure. 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 Development. 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.
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b) No building permit shall be issued for any structure within the Development until
all streets, except for the final wear course of bituminous, and all utilities have been completed.
c) No certificate of occupancy shall be issued for any structure unless prior thereto the
lot has been graded and all landscaping installed in accordance with the Plans, the driveway and
parking 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 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 Development resulting from construction work by the Developer,
its contractors, agents or assigns. 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 of the Development.
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
Development. This Agreement shall be construed according to the laws of Minnesota. Breach of the
terms of this Agreement by the Developer shall, among other remedies available to the City, be
grounds for denial of building permits on the Property.
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’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.
22. 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 Development. 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.
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.
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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: Medina Townhome Development LLC
7528 Zanzibar Lane North
Maple Grove, MN 55311
Attn: Shane LaFave
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.
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. 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.
*********************
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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
13
746473.v3
THE DEVELOPER:
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
This instrument was acknowledged before me on ________________ 2021, by
_________________, the _____________________ of Medina Townhome Development LLC, a
Minnesota limited liability company, on behalf of said entity.
____________________________________
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
746473.v3
EXHIBIT A TO
PLANNED UNIT DEVELOPMENT AGREEMENT
Legal Description of the Property
The Property is legally described as follows:
[to be inserted]
B-1
746473.v3
EXHIBIT B TO
PLANNED UNIT DEVELOPMENT AGREEMENT
List of Plan Documents
[to be inserted]
746473.v3 C-1
EXHIBIT C TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FORM OF
RIGHT-OF-WAY EASEMENT
[to be inserted]
D-1
746473.v3
EXHIBIT D TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FORM OF
DRAINAGE AND UTILITY EASEMENT
THIS INSTRUMENT is made by Medina Townhome Development 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 property located in Medina and legally described in Exhibit A
attached hereto (the “Property”).
B. Grantor desires to grant to the Grantee a drainage and utility easement, according to the terms
and conditions contained herein.
Terms of Easement
1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged
by Grantor, Grantor grants and conveys to the Grantee a permanent, non-exclusive easement for
drainage and utility purposes over, under and across the portion of the Property described in Exhibit
B attached hereto (the “Easement Area”). The Easement Area is depicted in Exhibit C attached hereto.
2. Scope of Easement The permanent, non-exclusive drainage and utility easement granted
herein includes the right of the Grantee, its contractors, agents, and employees to enter the premises
at all reasonable times for the purpose of locating, constructing, reconstructing, operating,
maintaining, inspecting, altering and repairing storm sewer, sanitary sewer and water facilities and
ground surface drainage ways in the described Easement Area. The easement granted herein also
includes the right to cut, trim, or remove from the Easement Area trees, shrubs, or other vegetation
that, 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 fee 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 that may have existed on, or that 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 Property
and be binding on the Grantor, its heirs and assigns.
D-2
746473.v3
STATE DEED TAX DUE HEREON: NONE
Dated this _____ day of __________, 2021.
MEDINA TOWNHOME DEVELOPMENT, LLC
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
This instrument was acknowledged before me on ________________ 2021, by
_________________, the _____________________ of Medina Townhome Development LLC, a
Minnesota limited liability company, on behalf of said entity.
____________________________________
Notary Public
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered (DTA)
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
D-A-1
746473.v3
EXHIBIT A
Legal Description of the Property
[to be inserted]
D-B-1
746473.v3
EXHIBIT B
Legal Description of the Easement Area
[to be inserted]
D-C-1
746473.v3
EXHIBIT C
Depiction of the Easement Area
[to be inserted]
E-1
746473.v3
EXHIBIT E TO
PLANNED UNIT 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 Medina Townhome Development 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 planned unit development agreement (the “PUD 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 an underground filtration basin 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 storm runoff, including terms and conditions for operation and maintenance of all
Stormwater Improvements, and requires such provisions to be set forth in an agreement to be
recorded against the Property; and
WHEREAS, the City and the Developer intend to comply with certain conditions,
including entering into a maintenance agreement regarding the Stormwater Improvements.
NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein
and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1. Maintenance of the Stormwater Improvements. The Developer, 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
E-2
746473.v3
records annually to the City. The cost of all inspections and maintenance shall be the obligation
of the Developer and its successors or assigns as the fee owner of the Property.
2. City’s Maintenance Rights. The City may inspect the Stormwater Improvements
at any time and 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
inspections. Additionally, 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.
E-3
746473.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: Medina Townhome Development LLC
7528 Zanzibar Lane North
Maple Grove, MN 55311
Attn: ____________________
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.
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.
8. Effective Date. This Agreement shall be binding and effective as of the date first
written above.
[signature pages to follow]
E-4
746473.v3
THE DEVELOPER:
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
This instrument was acknowledged before me on ________________ 2021, by
_________________, the _____________________ of Medina Townhome Development LLC, a
Minnesota limited liability company, on behalf of said entity.
____________________________________
Notary Public
E-5
746473.v3
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 instrument drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
E-A-1
746473.v3
EXHIBIT A TO
STORMWATER MAINTENANCE AGREEMENT
Legal Description of the Property
The Property is legally described as follows:
[to be inserted]
E-B-1
746473.v3
EXHIBIT B TO
STORMWATER MAINTENANCE AGREEMENT
Depiction of Location of Stormwater Improvements
[to be inserted]
E-C-1
746473.v3
EXHIBIT C TO
STORMWATER MAINTENANCE AGREEMENT
[to be inserted]
F-1
746473.v3
EXHIBIT F TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FORM OF TREE PRESERVATION DECLARATION
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (this
"Declaration") is made as of this ____ day of ____________, 2021, by Medina Townhome
Development LLC, a Minnesota limited liability company (the "Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property located in the city of Medina,
Hennepin County, Minnesota and legally described on Exhibit A attached hereto (the "Property");
and
WHEREAS, in order to facilitate the development of the Property, a significant number of
trees were removed from the Property in excess of what is otherwise allowed under local law; and
WHEREAS, the city of Medina, a Minnesota municipal corporation (the “City”), requires the
Property be protected from additional tree removal and that such provisions be set forth in a document
recorded in the real estate records.
NOW, THEREFORE, Declarant hereby declares the Property shall be transferred, held, sold,
conveyed, occupied and developed subject to the following covenants, conditions, and restrictions
which are hereby granted by Declarant and shall run with the land and be binding on all parties having
any right, title or interest in the Property or any part thereof, their successors and assigns, and shall
inure to the benefit of all owners thereof and the City.
1. Restrictions. Any tree removal that occurs on the Property shall be subject to the City’s tree
replacement requirements, or payment to the City of a fee in lieu thereof, both of which are
expressly provided in the City’s tree preservation ordinance, as may be amended from time
to time.
2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court
order shall in no way affect any other provisions, all of which shall remain in full force and
effect.
3. Duration. The covenants and restrictions of this Declaration shall run with and bind the land,
and shall inure to the benefit of and be enforceable by the City, the Declarant, or any owner
of any portion of the Property subject to this Declaration, or their heirs, successors and assigns,
for a term of 30 years after the date this Declaration is recorded, after which time the covenants
and restrictions shall be automatically renewed for successive periods of 10 years each unless
this Declaration is terminated in writing signed by all of the owners of any portion of the
Property and the City, and such termination is recorded.
F-2
746473.v3
4. Notices. All notices under this Declaration shall either be personally delivered or be sent
by United States certified or registered mail, postage prepaid, and addressed as follows:
a) as to Declarant: Medina Townhome Development LLC
7528 Zanzibar Lane North
Maple Grove, MN 55311
Attn: ____________________
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.
5. Amendment. This Declaration may be amended by an instrument signed by all owners of any
portion of the Property and the City. Each amendment must be recorded to be effective.
6. Interpretation. The interpretation and performance of this Declaration shall be governed by
the applicable laws of the State of Minnesota.
************************
F-3
746473.v3
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto
caused these presents to be executed as of the day and year first above written.
DECLARANT
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
This instrument was acknowledged before me on ________________ 2021, by
_________________, the _____________________ of Medina Townhome Development LLC, a
Minnesota limited liability company, on behalf of said entity.
____________________________________
Notary Public
This document drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
746473.v3 F-A-1
EXHIBIT A TO
TREE PROTECTION DECLARATION
The land to which this Declaration applies is legally described as follows:
[to be inserted]
G-1
746473.v3
EXHIBIT G TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FORM OF TRAIL EASEMENT
TRAIL EASEMENT
THIS INSTRUMENT is made by Medina Townhome Development 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
2. 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.
3. 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 public 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.
4. Warranty of Title. The Grantor warrants that it is the owner of the Property and has the
right, title and capacity to convey to the Grantee the easement herein.
5. Environmental Matters. The Grantee shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release of
any hazardous substances, pollutants, or contaminants which may have existed on, or which relate
to, the easement area or Property prior to the date of this instrument.
6. Binding Effect. The terms and conditions of this instrument shall run with the land and be
binding on the Grantor, its successors and assigns.
G-2
746473.v3
STATE DEED TAX DUE HEREON: NONE
Dated this _____ day of ______________, 2021.
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
This instrument was acknowledged before me on ________________ 2021, by
_________________, the _____________________ of Medina Townhome Development LLC, a
Minnesota limited liability company, on behalf of said entity.
____________________________________
Notary Public
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
746473.v3 G-A-1
EXHIBIT A TO
TRAIL EASEMENT
Legal Description of the Property
[to be inserted]
746473.v3 G-B-1
EXHIBIT B TO
TRAIL EASEMENT
Legal Description of Easement
[to be inserted]
746473.v3 G-C-1
EXHIBIT C TO
TRAIL EASEMENT
Depiction of Easement
[to be inserted]
H-1
746473.v3
EXHIBIT H TO
PLANNED UNIT DEVELOPMENT AGREEMENT
IMPROVEMENT COST ESTIMATE
[to be inserted]
Resolution No. 2021-XX
September 21, 2021
Member ______ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2021-XX
RECOGNIZING JODI GALLUP FOR FIFTEEN YEARS
OF SERVICE TO THE CITY OF MEDINA
WHEREAS, Jodi Gallup has been a valued full time City of Medina employee in the
Administration Department of the City since September 20, 2006; and
WHEREAS, Jodi has served as the Assistant City Administrator/City Clerk since January
1, 2016, and as Assistant to City Administrator/Deputy Clerk for 9 years, and has also served the
City as Office Assistant to Administration and Administration Intern; and
WHEREAS, Jodi serves as the City’s Election Coordinator and provided incredible
leadership during the 2020 election through creation of COVID-19 protocols to keep Medina voters
safe, recruiting and training elections staff during a pandemic, and processing a record number of
absentee ballots in the process; and
WHERESA, Jodi has been instrumental in her role to create policies during COVID-19 to
keep Medina staff protected and working with local businesses to access available funds or financial
relief during mandatory shutdowns; and
WHEREAS, Jodi has showed great leadership while working with staff to establish “core
values” as an organization through team building activities; and
WHEREAS, Jodi serves as the staff liaison to the Park Commission and has coordinated
the completion of various park and trail studies, park equipment purchases, land acquisitions, and
provided great ideas and leadership with the ongoing update to Hunter Lions Park and Lakeshore
Park Study; and
WHEREAS, Jodi serves as the City Recycling Coordinator and led the efforts in
implementing single-sort recycling and the ongoing efforts with the City-wide Blue Bag Organics
recycling program; and
WHEREAS, Jodi coordinates employee benefits; during her tenure at Medina, she has led
the staff through four changes in health insurance carriers and led the recent change to small group
coverage;
WHEREAS, Jodi serves as the Data Practices Responsible Authority and Compliance
Officer and Records Retention Officer, under which roles she updated the data practices polices and
headed the effort to implement Laserfiche Document Management Software at City Hall; and
Agenda Item # 7A
Resolution No. 2021-XX
September 21, 2021
2
WHEREAS, Jodi helps keep Medina citizens informed by authoring a monthly column in
Medina Living Magazine, maintaining the City Website and Facebook page, and compiling the bi-
monthly City newsletter; and
WHEREAS, Jodi has demonstrated great initiative by obtaining her Masters Degree in
Public Administration from Metropolitan State University under Medina’s Continuing Education
Program; and
WHEREAS, the City of Medina expresses sincere gratitude for Jodi’s dedication,
leadership, and continued service to the Medina community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Medina
acknowledges and thanks Jodi Gallup for fifteen years of service to the community.
Dated: September 21, 2021.
Kathleen Martin, Mayor
ATTEST:
Scott T. Johnson, City Administrator
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-
September 21, 2021
Member ________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2021-
RECOGNIZING POLICE OFFICER ANDREW SCHARF FOR FIVE YEARS
OF SERVICE TO THE CITY OF MEDINA
WHEREAS, Andrew Scharf has been a valued full time City of Medina employee in the
Police Department since August 16, 2017; and
WHEREAS, Andrew has served as a patrol officer for 5 years; and
WHEREAS, Andrew became the departments second ever Drug Recognition Evaluator
(DRE), finishing in the top 1 percent of his class; and
WHEREAS, Andrew is a Certified Field Training Officer (FTO); and
WHEREAS, Andrew is a two-time Mothers Against Drunk Driving (MADD) award
nominee and has led the entire department in traffic related contacts his entire five-year
career; and
WHEREAS, Andrew is currently enrolled at Metropolitan State University obtaining a
Master of Public Administration degree, anticipating completion in December 2022; and
WHEREAS, the City of Medina expresses sincere gratitude for Andrew’s continued service
to the Medina community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Medina
acknowledges and thanks Andrew Scharf for five years of service to the community.
Dated: September 21, 2021.
____________________________
Kathleen Martin, Mayor
ATTEST:
______________________________________
Jodi M. Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member ______
and upon vote being taken thereon, the following voted in favor thereof:
Agenda Item #7B
Resolution No. 2021-
September 21, 2021
2
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
TO: Medina City Council
FROM: Director Jason Nelson
DATE: September 16, 2021
RE: Gift Card Ordinance
Background Information
There has been a substantial increase in the fraudulent procurement of third-party gift cards at retail
establishments within the city of Medina. Third-party gift cards are oftentimes purchased by
individuals through the use of cloned or stolen financial transaction cards, counterfeit checks, or
through other fraudulent means.
Due to the complex nature of cases involving fraudulent third-party gift card procurement, local
law enforcement agencies have spent a significant amount of time and energy investigating these
cases. These investigations are particularly time-consuming and involve numerous victims,
resulting in a strain on the limited number of resources that are otherwise available to local law
enforcement.
Problem
The fraudulent procurement of third-party gift cards at retail establishments in the City of Medina
has become a widespread problem. There has been a substantial increase in the fraudulent
purchasing of third-party gift cards at retail establishments within the city. Third-party gift cards
are oftentimes purchased by individuals using cloned or stolen financial transaction cards,
counterfeit checks, or through other fraudulent means. These incidents affect numerous victims
and require considerable law enforcement resources to investigate.
Proposed Solution
Through collaboration with local businesses, the Medina Police Department would propose to
adopt an ordinance requiring retail establishments to verify identification at the point of sale to
deter criminal behavior. These would be a set of regulations or guidelines for employers to have
employees follow when selling a third-party gift card which is considered a reloadable or non-
reloadable prepaid card sold at retail establishments and used to make purchases via either
American Express, MasterCard, or Visa networks, for which the value is decreased upon each
purchase.
Agenda Item #8A
First, any person that sells third-party gift cards to an individual on behalf of a retail establishment,
including an agent, employee, or other representative of the retail establishment, shall require that
the individual purchasing the third-party gift card display proof of identification and shall verify
that said proof of identification matches the individual’s form of payment.
Second, it is unlawful for a retail establishment to allow the purchase of third-party gift cards at
self-checkout kiosks where customers themselves scan merchandise and pay without the assistance
of an employee of the retail establishment.
Finally, it would be the hope that as these ordinances gain momentum in other cities, I could then
show the need for it to become a statewide law enacted by the legislature so that criminals do not
just go to the cities who do not have this ordinance.
I have worked with the city attorney to create an ordinance that would cover all the points above
and I am asking for City Council permission to work towards implementation. Prior to doing so it
will require some communication with retail stores in Medina before adoption. In other words, I
think it is worth reaching out to stores in the city before this takes effect so that everyone
understands the requirements and there are no surprises. This will allow them time to inform/train
their staff about compliance. A copy of the draft ordinance is attached in the packet for your
review.
DRAFT 8/29/21
1
CITY OF MEDINA
ORDINANCE NO. ______
An Ordinance Amending Chapter 3 of the City Code of
Ordinances Pertaining to Third Party Gift Card Procurement
The city council of the city of Medina ordains as follows:
SECTION I: Medina city code chapter 3 is hereby amended by adding a new section 365,
entitled “Third Party Gift Card Procurement,” as follows:
365. THIRD PARTY GIFT CARD PROCUREMENT
Section 365.01. Purpose. The fraudulent procurement of third party gift cards at retail
establishments in the city has become a widespread problem. These incidents affect numerous
victims and require considerable law enforcement resources to investigate. By adopting these
provisions, the City Council desires to protect the health, safety, and welfare of all persons living
in the city, visiting the city, and operating businesses within the city by deterring the fraudulent
procurement of third party gift cards at retail establishments and conserving the limited amount of
time, energy, and resources available to local law enforcement agencies when investigating said
behavior.
Section 365.03. Findings. The City Council makes the following findings:
(a) There has been a substantial increase in the fraudulent procurement of third party
gift cards at retail establishments within the city. Third party gift cards are
oftentimes purchased by individuals through the use of cloned or stolen financial
transaction cards, counterfeit checks, or through other fraudulent means.
(b) Due to the complex nature of cases involving fraudulent third party gift card
procurement, local law enforcement agencies have exerted a significant amount of
time and energy into investigating these cases. These investigations are particularly
time-consuming and involve numerous victims, resulting in a strain on the limited
amount of resources that are otherwise available to local law enforcement.
(c) Requiring retail establishments to verify identification at the point of sale is an
effective way to deter criminal behavior.
(d) This section is adopted pursuant to Minnesota Statutes, section 412.221, subd. 32
and the city’s inherent regulatory authority. The provisions contained herein are
reasonably related to promoting the general welfare of the community and other
legitimate police-power objectives, both expressly identified herein and otherwise
implied.
Section 365.05. Definitions. For purposes of this section, the following definitions shall apply:
DRAFT 8/29/21
2
Subd. 1. “Financial transaction card” means any instrument or device, whether known as
a credit card, credit plate, charge plate, courtesy card, bank services card, banking card, check
guarantee card, debit card, electronic benefit system (EBS) card, electronic benefit transfer (EBT)
card, assistance transaction card, or by any other name, issued with or without fee by an issuer for
the use of the cardholder in obtaining credit, money, goods, services, public assistance benefits, or
anything else of value, and which includes the account or identification number or symbol of a
financial transaction card.
Subd. 2. “Third party gift card” means a reloadable or non-reloadable prepaid card sold
at retail establishments and used to make purchases via either the American Express, MasterCard,
or Visa networks, for which the value is decreased upon each purchase.
Subd. 3. “Retail establishment” means a physical place of business in which consumer
merchandise is sold to the general public.
Subd. 4. “Person” means an individual, partnership, limited partnership, limited liability
company, corporation, or other legal entity.
Subd. 5. “Proof of identification” means a driver's license, Minnesota identification card
number, or other identification document issued for identification purposes by any state, federal,
or foreign government if the document includes the person's photograph, full name, birth date, and
signature.
Subd. 6. “Sell” means to transfer to another in exchange for monetary consideration
through the use of a financial transaction card.
Section 365.07. Regulations.
Subd. 1. Identification Verification Required. Any person that sells a third party gift
card to an individual on behalf of a retail establishment, including an agent, employee, or other
representative of the retail establishment, shall require that the individual purchasing the third party
gift card display proof of identification and shall verify that said proof of identification matches
the individual’s form of payment.
Subd. 2. Self-Checkout. It is unlawful for a retail establishment to allow the purchase of
third party gift cards at self-checkout kiosks where customers themselves scan merchandise and
pay without the assistance of an employee of the retail establishment.
Section 365.09. Enforcement; Violations. In addition to any rights or remedies that are otherwise
available to the city in law or in equity, violations of this section shall be a misdemeanor subject
to the penalty provisions contained in Section 115 of the City Code.
SECTION II. This ordinance shall be effective upon its adoption and publication.
Adopted by the city council of the city of Medina this _____ day of ________, 2021.
DRAFT 8/29/21
3
____________________________
Kathleen Martin, Mayor
ATTEST:
____________________________
Jodi M. Gallup, City Clerk
Published in the Crow River News on the ___ day of _________, 2021.
Uptown Hamel Page 1 of 2 September 21, 2021
Stormwater Analysis City Council Meeting
MEMORANDUM
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director
DATE: September 16, 2021
MEETING: September 21, 2021 City Council
SUBJ: Uptown Hamel Stormwater Analysis
Background
In 2005-2006, the City constructed stormwater improvements to benefit properties in the Uptown
Hamel area. A portion of the costs of these improvements was assessed to properties in Uptown
Hamel.
The improvements included construction of ponds in Rainwater Park and Hamel Legion Park
and storm sewer pipes to convey the stormwater to these ponds.
The intent of the improvements was to provide stormwater management for future
redevelopment projects across Uptown Hamel. These ponds would allow for increases in
hardcover without each project needing to accommodate on-site stormwater improvements.
Limited development has occurred within Uptown Hamel since that time. In fact, staff has
calculated that hardcover in the area has decreased since 2006.
In the meantime, stormwater regulations from the state and watershed have changed
significantly. During recent discussions of a potential development in Uptown Hamel, questions
have been raised related to how projects would be credited for stormwater management based
upon the existing stormwater improvements because of new regulations.
In addition, additional stormwater improvements have been constructed, and the pond within
Hamel Legion Park has been expanded and converted for stormwater reuse. Credits for these
improvements have not been formally calculated for the benefit of the broader Uptown Hamel
area.
Staff recommends conducting an analysis on these subjects and to identify potential
opportunities to further improve stormwater management to improve consistency with updated
standards.
Scope of Services
WSB has submitted a Scope of Services and cost estimate for the analysis, which is attached for
reference. The estimated cost is $25,500.
Agenda Item #8B
Uptown Hamel Page 2 of 2 September 21, 2021
Stormwater Analysis City Council Meeting
Staff has identified $19,500 which are projected to
be available in the specific line items described to
the right. Staff is also projecting to be
underbudget within the overall budgets for
Planning and Public Works Departments by a
sufficient amount to cover the remaining amounts
by the end of the year.
Potential Action
Motion to authorize work described in the Scope of Services for the Uptown Hamel Analysis in
an amount not to exceed $25,500.
Attachment
Scope of Services
Line Item
Planning Engineering/Consulting/
Contractual 7,000
Stormwater Contractual 3,500
Public Works Engineering/Contractual 9,000
$19,500
G:\.Clients All\Medina\Proposals\2021 Uptown Hamel Stormwater Treatment Assessment\2021-08-31 Medina - 2021 Uptown Hamel Proposal.docx
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August 31, 2021
Mr. Dusty Finke
City of Medina
Planning Director
2052 County Rd 24
Medina, MN 55340
Re: Scope of Services for the Uptown Hamel Stormwater Management Analysis and Pond
Expansion
Dear Mr. Finke:
Attached for your review and approval is our proposed scope of services, fee, and schedule for
the Uptown Hamel Stormwater Management Analysis and Pond Expansion. The objective of the
analysis is to determine the water quality capacity of the existing pond in Rainwater Park
compared to permitted capacity (specifically Elm-3b sub watershed), evaluate expansion of the
Rainwater Park pond, and evaluate reuse and other BMP opportunities within Hamel-Legion
Park.
PROJECT SCOPE
Task 1 – Topographic Survey
Topographic survey of the two existing ponds in Rainwater Park and approximately 200’
perimeter around each pond. Includes survey of the inlets and outlets to the ponds. The task
also includes surveying the Hamel Legion Park pond that the City uses as a source for irrigation
reuse (near sledding hill).
Task 2 – Bathymetric Survey
Bathymetric survey of the two ponds in Rainwater Park and Hamel Legion Park pond so we can
determine existing wet volume.
Task 3 – Reuse Potential Hamel Legion Park Pond
Evaluate reuse expansion of Hamel-Legion Park pond and/or incorporation of filter bench and
other potential opportunities in the park area for treatment. It is assumed that the City will provide
information on the current extents of the park that are irrigated.
Task 4 – Rainwater Park Pond Evaluation
We will quantify water quality and rate control capacity of the existing ponds based on the survey
data above (two ponds in Rainwater Park, one pond in Hamel Legion Park). Compare to the
previously permitted capacity and impervious coverage. Existing impervious coverage provided
by City Staff. We will prepare a memo documenting this analysis.
Task 5 – Rainwater Park Pond Evaluation
Evaluate expansion of the existing pond footprint (Rainwater Park) to maximize the volume.
Assume existing paved trail parallel to Hamel Road remains in its current location. A grading plan
will be created to allow for staking of the new pond location; a full plan set for bidding purposes
will not be provided. It has been assumed that the extents of proposed grading will be less than
one acre (not requiring an NPDES permit/SWPPP).
Dusty Finke
August 31, 2021
Page 2
G:\.Clients All\Medina\Proposals\2021 Uptown Hamel Stormwater Treatment Assessment\2021-08-31 Medina - 2021 Uptown Hamel Proposal.docx
Task 6 – Meetings
We have included two meetings with City Staff to discuss the findings of the analysis.
Task 7 – Investigate existing “wetland”
Investigate the “wetland” noted on the original site plan west of the existing stormwater treatment
pond and determine whether this is a documented wetland or potential to be a stormwater
management pond. Complete a No Loss application for the wetland to “convert” this area to a
usable stormwater treatment basin.
Historic aerial photos and soils data indicate this basin was constructed in upland and would not
be subject to the Wetland Conservation Act. This task would involve development of the No Loss
application as well as Local Government Unit administration to notice the application to the TEP,
gather comments, and prepare a Notice of Decision.
SCHEDULE AND FEE
We propose to complete the above tasks for an hourly estimated cost of $25,500. Any additional
services requested which are beyond the scope of work can be provided and charged at the
hourly rates in effect for the individuals performing the work, after authorization by the City
Council.
Thank you for this opportunity to provide professional consulting services to Medina. If this
proposal is acceptable, please execute the signature block on the cover page and return as our
authorization to proceed. We can schedule the surveying and begin our work as soon as it is
executed.
If you are in agreement with this proposal, please sign where indicated below and return one
copy to me. Please do not hesitate to contact me at 612-437-5629 with any questions.
Sincerely,
WSB
Earth Evans, PE
Director of Water Resources
Attachment
ACCEPTED BY:
City of Medina
Name _________________________
Title _________________________
Date _________________________
1
ME230-1A-748347.v1
Kennedy Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis MN 55402-1299
(612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
Graven
C H A R T E R E D
MEMORANDUM
DATE: September 16, 2021
TO: Mayor and Members of the City Council
FROM: Ron Batty, City Attorney
Joseph L. Sathe, Assistant City Attorney
RE: Returning to Remote Meetings Under Minn. Stat. 13D.021
Minnesota Statutes, section 13D.021 allows a public meeting to be conducted by telephone or interactive
technology if an authorized individual (the presiding officer, chief legal counsel, or chief administrative
officer) determines that an in-person meeting is not practical or prudent because of one of the following
justifications: 1) health pandemic; 2) local emergency; or 3) statewide emergency.
When Mayor Martin made the determination in March, 2020 to go to remote meetings all three of the above
justifications were cited in her written declaration. Both the statewide and local emergencies related to
COVID-19 terminated on July 1, 2021. The local emergency was terminated in part because the city no
longer needed to utilize emergency powers and also relied on the increased availability of vaccines and the
reduction in the number and severity of cases. Mayor Martin, for similar reasons, rescinded the
determination to allow remote meetings on July 1, 2021.
To return to remote meetings under Minn. Stat. 13D.021 without a declared emergency, an authorized
individual may rely on the existence and impact of a “health pandemic.” The term “health pandemic” is not
defined in state law and therefore I previously advised that the better approach was to rely primarily on the
existence of a declared local or statewide emergency. However, the existence of a “health pandemic” alone
is a lawful justification to hold remote meetings and there seems little doubt that the pandemic remains with
us today. It is also a more conservative step than declaring an emergency when the only “power” needed is
the ability to meet remotely.
The decision/determination to allow the city council and other public bodies to meet remotely is made by
an authorized individual (generally, the mayor) and does not require action by the city council.
A declaration to allow remote meetings would rely on the spread of the Delta variant and the associated
increases in cases, deaths, and hospitalizations to justify that is it not practical or prudent to conduct in-
person meetings. The declaration would also have to determine whether, as was done previously, the
meetings should be fully remote because it is “unfeasible” to have at least one member of the body, chief
legal counsel, or chief administrative officer present at the regular meeting location or if a hybrid plan
would be put in place.
Offices in
Minneapolis
Saint Paul
St. Cloud
&
Agenda Item #8C
Resolution No. 2021-##
DATE
Member ________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2021-##
RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE
PRAIRIE CREEK PLAT
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, the Patricia R. Raskob Trust (the “Owner”) is the fee owner of property
located at 500 Hamel Road (the “Property”), which is legally described in Exhibit A, attached
hereto; and
WHEREAS, Stelter Enterprises, LLC (the “Developer”) has requested preliminary plat
approval to subdivide and develop the Property into seventeen lots for detached single-family
villas, tentative proposed to be called Prairie Creek; and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 10,
2021, reviewed the information provided by the Developer and City staff, heard testimony from
interested parties, and recommended approval of the preliminary plat; and
WHEREAS, the City Council reviewed the proposed preliminary plat and the Planning
Commission recommendation and heard additional testimony on September 7, 2021; and
WHEREAS, subject to the fulfillment of the conditions noted below, the City Council
makes the following findings of fact in regard to the preliminary plat based on the requirements of
the Subdivision Ordinance:
a. The proposed preliminary plat is not in conflict with the Comprehensive Plan and is not
premature for consideration.
b. The subdivision is appropriate for the physical conditions on the site including the
topography, storm water, natural resources, and soils.
c. 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 right-of-ways.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby grants preliminary plat approval for Prairie Creek, as depicted on the preliminary plat
bearing revision date of August 3, 2021 subject to the following terms and conditions:
Agenda Item #9A
Resolution No. 2021-## 2
DATE
1) The Developer 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.
Such agreement shall also address relevant requirements of the development agreement for
Raskobs Elm Creek Addition, which is recorded against the Property and anticipated
implementation of various requirements through a future agreement.
2) The Developer shall install all improvements shown on the plans dated 8/3/2021 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.
3) The plat shall provide drainage and utility easements over all stormwater improvements,
wetlands, and drainageways and along the perimeter of lots as recommended by the City
Engineer.
4) The Developer shall update plans to relocate the trail further north and as close to the edge
of the right-of-way as possible and shall update plans to include widening of Hamel Road
for on-street parking. The Developer shall be responsible for the cost of the trail, curb, and
storm sewer along the north of Hamel Road. The City shall be responsible for the cost of
the street base and paving.
5) Subject to the Developer entering into an agreement with the property owner allowing
disturbance upon the property to the east, a limited waiver is hereby granted for the
southeastern portion of the driveway to be located less than 2.5 feet from the eastern
property line to better align with Elm Creek Drive.
6) The Response Action Plan (RAP) and Contingency Construction Plan (CCP) shall be
subject to review and approval by the City and any other relevant agencies.
7) The Developer shall install “no parking” signs as recommended by the City Engineer and
Fire Marshal to allow adequate emergency vehicle circulation.
8) The Developer shall provide required floodplain storage as described in the development
agreement for Raskobs Elm Creek Addition.
9) The Developer shall submit architectural design requirements at the time of Final Plat
application. Such design shall abide by the requirements of the Uptown Hamel zoning
district and shall be consistent with the architectural design examples received by the City
on 9/7/2021.
10) The City Council will review the architectural design requirements submitted at the time of
Final Plat and may determine at such time whether the information submitted is sufficient to
satisfy the requirement for a site plan review of each building as described in Section 825.55
of City Code. If the City Council determines that the requirement for site plan review has
been satisfied, each building shall be subject to administrative review by City staff for
consistency with the site plan and architectural design requirements which accompanies the
plat, relevant requirements of City Code, and the conditions noted herein. If the City
Council determines that the requirement for site plan review has not been satisfied, approval
of a Site Plan Review shall be required pursuant to Section 825.55.
11) Subject to agreement with the City, the development shall utilize the stormwater pond to the
west for reuse for lawn irrigation if practical. If it is demonstrated that it is impractical to
utilize the pond for reuse, the homes within the subdivision shall be permitted to connect
lawn irrigation systems to the City water system, pursuant to Subd. 3(b)(ii) of Section
710.75.
Resolution No. 2021-## 3
DATE
12) The Developer shall meet the requirements of the wetland protection ordinance, including
provision of easements, planting of vegetation and installation of signage.
13) The Developer shall execute and record a private road agreement in a form and of substance
acceptable to the City Attorney related to access to and maintenance of the shared driveway.
14) The Developer shall submit a letter of credit in an amount of 150% of the cost of site
improvements to ensure completion.
15) The Developer shall pay a park dedication fee of $59,500 as cash-in-lieu of land dedication.
16) The Developer shall obtain all permits required by Elm Creek Watershed, the Department of
Health, the Pollution Control Agency, the Metropolitan Council and any other relevant
agencies.
17) The Developer shall provide title documentation at the time of final plat application and
abide by the recommendations of the City Attorney with regard to title matters and
recording instructions.
18) The final plat application 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.
19) The Developer 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.
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 the Property
Lot 1, Block 1, Raskobs Elm Creek Addition, Hennepin County, Minnesota
Resolution No. 2021-##
DATE
Member ________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2021-##
RESOLUTION GRANTING VARIANCE APPROVAL FOR
INCREASED MAXIMUM SETBACK FOR 500 HAMEL ROAD
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, the Patricia R. Raskob Trust (the “Owner”) is the fee owner of property
located at 500 Hamel Road, which is legally described as Lot 1, Block 1, Raskobs Elm Creek
Addition, Hennepin County, Minnesota (the “Property”); and
WHEREAS, Stelter Enterprises, LLC (the “Developer”) requested preliminary plat
approval to subdivide and develop the Property into seventeen lots for detached single-family
villas, tentatively proposed to be called Prairie Creek; and
WHEREAS, on September 21, 2021, the City Council adopted Resolution _____, granting
preliminary plat approval to the Developer for Prairie Creek; and
WHEREAS, the Uptown Hamel zoning district requires a maximum front setback of
10 feet from Hamel Road; and
WHEREAS, a drainage and utility easement approximately 30 feet in width is located
along the south of the Property which prevents the construction of buildings; and
WHEREAS, the Developer has requested approval of a variance to increase the maximum
front setback for homes on Lots 1-8, Block 1, Prairie Creek, Hennepin County, Minnesota from
10 feet to 30 feet; and
WHEREAS, the Planning Commission reviewed the requested variance on August 10,
2021, reviewed the information provided by the Developer and City staff, heard testimony from
interested parties, and recommended approval of the variance; and
WHEREAS, the City Council reviewed the proposed variance and the Planning
Commission recommendation and held a public hearing and heard additional testimony on
September 7, 2021; and
Resolution No. 2021-## 2
DATE
WHEREAS, subject to the fulfillment of the conditions noted below, the City Council
makes the following findings of fact in regard to the requested variance:
a. The Developer proposes to construct the homes as close as Hamel Road as permitted by
the existing easement, which is in harmony with the general purpose and intent of the
ordinance.
b. The variance is not inconsistent with the comprehensive plan.
c. The Developer has established that there are practical difficulties to comply with the
maximum front setback requirement because the existing easement prevents construction
as close to Hamel Road as required by the Uptown Hamel district.
d. The Developer proposes to use the property in a reasonable manner.
e. The requested variance is the minimum variance which would alleviate the practical
difficulty.
f. The variance does not confer upon the Developer any special privileges denied to the
owners of other lands, structures, or buildings in the district.
g. Easements this wide are unique to the Property within the Uptown Hamel District.
h. The plight was not created by the landowner because the sanitary sewer line was installed
prior to the maximum front setback requirement applying to the Property.
i. The variance will not alter the essential character of the locality.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby grants approval of a variance to increase the maximum front yard setback to Hamel
Road from 10 feet to 30 feet subject to the following terms and conditions:
1) Buildings shall be constructed as close to Hamel Road as practical.
2) The variance shall be valid for a period of five years. If a building permit is not issued and
work began prior to September 21, 2026, the variance shall be considered null, void, and of
no effect unless the City Council finds that the owners of neighboring properties will not be
adversely affected by the extension and grants an extension.
3) The Developer shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the variance and other relevant documents.
Resolution No. 2021-## 3
DATE
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.
Planning Department Update Page 1 of 2 September 21, 2021
City Council Meeting
MEMORANDUM
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director
DATE: September 16, 2021
SUBJ: Planning Department Updates – September 21, 2021 City Council Meeting
Land Use Application Review
A) Prairie Creek Preliminary Plat – 500 Hamel Road – Stetler Enterprises has requested
preliminary plat approval for a 17-unit villa development. The Planning Commission held a
public hearing at the August 10 meeting. The Commission recommended approval on a 4-1
vote. The Council reviewed at the September 7 meeting and directed staff to prepare a
resolution of approval, which will be presented on September 21.
B) Medina Townhomes – 1432 Baker Park Road (County Road 29) – Medina Townhome
Development LLC has requested a Planned Unit Development General Plan and Site Plan
Review for 23 rental townhomes on 2 acres north of Highway 12, east of Baker Park Road.
The Planning Commission held a public hearing on August 10 and unanimously
recommended approval. The Council reviewed at the September 7 meeting and directed
staff to prepare a resolution of approval, which will be presented on September 21.
C) 2832 Hamel Road – Solar Equipment CUP – All Energy Solar has requested a Conditional
Use Permit (CUP) for installation of a 112-panel ground mounted solar array with an area of
2,328 square feet. The Planning Commission held a public hearing on August 10 and
unanimously recommended approval. The Council reviewed at the September 7 meeting and
directed staff to prepare a resolution of approval, which will be presented on September 21.
D) BAPS Site Plan Review – 1400 Hamel Road – Bochasanwasi Shri Akshar Purushottam
Swaminarayan Sanstha (BAPS), Minneapolis, has requested Site Plan Review for
construction of a place of assembly. The Planning Commission reviewed at the September
14 meeting and recommended approval. The application is scheduled for City Council
review on October 5.
E) Sign Ordinance Amendment – Ditter Heating and Cooling has requested that the City
consider amending its Sign Ordinance to increase the allowed height and size of
freestanding signs within the Commercial-General zoning district adjacent to a state
highway – The Planning Commission held a public hearing at the September meeting.
Following discussion, the Commission tabled for additional information and discussion at
the October 12 meeting.
F) Caribou Cabin CUP and Site Plan Review – 3692 Pinto Drive – Woodbury REI LLC has
requested a Site Plan Review and CUP for a small retail building including a drive-through
at the southeast corner of Highway 55 and Pinto Drive. Staff is conducting preliminary
review and will schedule a public hearing if complete, potentially at the October 12
Planning Commission meeting.
G) Life-Style Auto Condo – South of Hwy 55, west of Pioneer – SH Ventures has requested
review of a PUD Concept Plan for development of 12 buildings with approximately 258,000
square feet of space for privately owned garage condos. Staff is conducting preliminary
review and will schedule a public hearing if complete, potentially at the October 12
Planning Commission meeting.
Planning Department Update Page 2 of 2 September 21, 2021
City Council Meeting
H) Weston Woods Final Plat – east of Mohawk Drive, north of Highway 55 – Mark Smith
(Mark of Excellence Homes) has requested Final Plat for development of 76 twinhomes, 42
single-family, and 33 townhomes on the Roy and Cavanaugh properties. Review is
underway and the application will be presented to the Council if complete, potentially at the
October 5 meeting.
I) Marsh Pointe Preserve Preliminary Plat – 4250-4292 Arrowhead Drive – BPS Properties
has requested Preliminary Plat approval for a 38-lot subdivision east of Arrowhead Drive
south of Bridgewater. The application is currently incomplete and will be scheduled for a
public hearing when complete.
J) Ditter Heating and Cooling Site Plan Review – 820 Tower Drive – Ditter Heating and
Cooling has requested a Site Plan Review for an approximately 5,000 square foot addition
to its building. The application is incomplete for review and will be scheduled for a hearing
when complete.
K) Deer Hill Preserve 5th Addition – Deer Hill Road, east of Homestead Tr. – Property
Resources Development Corporation has requested final plat approval for eight of the lots
within the Deer Hill Preserve development. City Council approved the final plat at the
August 17 meeting. Staff will work with the applicant to finalize conditions of approval
before executing the plat.
L) 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.
M) Adam’s Pest Control Site Plan Review, Pre Plat, Rezoning – Pioneer Trail Preserve –
These projects have been preliminarily approved and the City is awaiting final plat
application.
N) 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.
O) 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 – staff met with Corcoran staff and then Plymouth staff related to
coordinating construction of improvements proposed by Plymouth at Hackamore/CR101.
B) Stormwater Credit Trading Workshop – I attended a workshop with the MPCA, BWSR and
communities within the South Crow River subwatershed related to options to set up a
system to “trade” credits towards TMDL requirements.
C) Uptown Hamel Stormwater credits – Staff has been reviewing stormwater approvals for the
Uptown Hamel Stormwater Improvements. Staff will be requesting Council approval for additional
analysis at the 9/21 meeting.
D) Wolsfeld Lake Water Quality Grant – staff met with one property owner adjacent to Wolsfeld
Lake to see if there are opportunities to complete a project with the Water Quality grants received by
Minnehaha Creek and the City. Staff attempted to reach out to an adjacent owner where there may
be a better opportunity.
E) Chloride-Reduction Grant – Medina partnered with Fortin Consulting and the cities of Avon and
Altura to receive a grant to reduce salt usage by non-residential properties. I met with the group to
come up with a strategy to connect with non-residential property owners to analyze water softening
equipment and set up a cost-share program to optimize or upgrade softening equipment.
TO: Honorable Mayor and City Council
FROM: Jason Nelson, Director of Public Safety
DATE: September 16, 2021
RE: Department Updates
This past week you may have heard the Ramsey County Attorney has decided to change common
practice in prosecuting felonies that result from what they call low level traffic stops. Below is a
response from the Minnesota Chiefs of Police Association.
“Decision to no longer prosecute felonies from low level traffic stops. We are deeply concerned about
the Ramsey County Attorney's decision not to prosecute felony cases that result from traffic stops
involving lower-level offenses, such as equipment violations. Police chiefs across the State of
Minnesota are embracing the principles of fair and impartial policing. They are working very closely
with their communities to develop policy and practices that provide for safe, fair and appropriate
policing practices that are aimed at keeping their communities safe. The County Attorney’s
shortsighted decision forgets about the many victims of crimes that deserve justice and fails to take
into account the fact that violent crime and traffic fatalities will continue to rise if law enforcement is
forced to ignore these types of offenses. It also assumes that every officer that makes one of these
stops is doing so nefariously. That’s insulting and wrong. The County Attorney's decision flies in the
face of state lawmakers who are committed to crafting legislation that is in the best interest of public
safety. A county attorney, an elected official, should not have the authority or autonomy to decide how
laws should be enforced. Those decisions should be left up to local law enforcement and the citizens
they are sworn to protect and serve.”
While these changes have not been made in Hennepin County to-date, there is some concern that these
changes will be coming soon. Hennepin County Attorney Mike Freeman has asked to address
Hennepin Chiefs at our October meeting with policy changes. I will update you when I know more
and again, I am opposed to these changes and agree and support the statement put out by the
Minnesota Chiefs.
On September 9th the Minnesota Department of Public Safety Office of Justice Programs completed a
compliance inspection of our policies, procedures, and site inspection in reference to the handling of
juveniles. I am happy to indicate that we passed the inspection with zero violations. The agent had
mentioned some potentional language changes in a policy but after indicating to her that we are
switching over to Lexipol for our policy and procedures the agent commented that Lexipol is the
Cadillac of policies. The agent then withdrew any revisions that were requested.
Update on Lexipol Policies - Sergeant Boecker, Officers Hall and McKinley have worked very hard
preparing the policies. I have since reviewed all the policies and we are planning to go live with our
new policy and procedure manual as of October 1, 2021. I would like to first thank the council for
funding this and the officers for spending months of reviewing drafts and revisions in preparation to
move this forward. Having this in place is very important to me to ensure that we are current on all
State and Federal case law. It is nice to see that when case law is changed that updates are
immediately done within the new policy manual and that those updates are pushed out to the officers
via emails as well.
Patrol:
The following are updates of Patrol Officers between September 1, 2021 and September 15, 2021:
Officers issued 36 citations and 11 warnings for various traffic offenses, responded to 6 property
damage accidents, 10 welfare checks, 14 medicals, 4 suspicious calls, 11 traffic complaints, 14 assists
to other agencies, and 10 business/residential alarms.
On 09/02/2021 Officers and Loretto Fire Department were dispatched to a 1 ½ year old not breathing
after a fall in the 4600 block of Highway 55. Officer arrived shortly after Loretto Fire and found
parents performing CPR on the child who was blue and had no pulse. Care was taken over by first
responders and CPR was continued and breathing was assisted. After several minutes of CPR the
child slowly began breathing on his own and eventually started crying. The child was transported to
Children’s Hospital where he recovered and was discharged within a few days.
On 09/02/2021 Officers heard Plymouth PD had attempted to stop a vehicle that was reported all over
the road and the vehicle fled westbound on Highway 55 from County Road 9. Medina Officer located
the vehicle westbound on Highway 55 and turning southbound on Willow Drive. Officer observed the
vehicle swerving all over the road and driving on the wrong side of the road at times. Officer
attempted to force the vehicle off the road. The vehicle went into the ditch but the driver attempted to
flee. The suspect eventually backed into the squad car and was able to get back onto the roadway. A
pursuit was initiated, and the suspect vehicle lost control making a turn and went off the roadway
becoming disabled. The driver was found extremely impaired and needed assistance walking after
being taken out of the car. The driver claimed to have COVID and asthma. The driver was then
transported to the hospital. Plymouth PD did a blood warrant to determine what the driver was high
on.
On 09/04/2021 a vehicle was stopped for not having any license plates displayed. The driver was
found to have a cancelled driver’s license and was placed under arrest. The driver was booked and
released at the Medina Police Department.
On 09/05/2021 Officer was dispatched to a theft from auto report at the Medina Golf & Country Club.
Suspect entered a vehicle and stole cash and credit cards from a wallet left in the vehicle. The cards
were ultimately used at a Plymouth Target. Video surveillance was obtained, and the two suspects
appear to be same suspects that had conducted thefts several other times at the Medina Golf & Country
Club. Case forwarded to Investigations.
On 09/08/2021 Officer was dispatched to customer trouble on Lilium Trail. Officer learned that a
homeowner was unhappy about where a delivery person had delivered a pallet of materials and had
blocked the delivery person in to keep him from leaving. The officer moderated a solution, and the
delivery driver moved the pallet to a different area.
On 09/11/2021 Officer assisted Minnetonka Police on a pursuit that had ended in the area of Highway
12 and County Road 6 where the suspect lost control of the vehicle and rolled into a swampy area
adjacent to the highway. Medina Officers assisted with a perimeter while K9 attempted to locate the
driver. MN State Patrol helicopter responded from Duluth and within a few minutes located the
suspect hiding in the tall weeds near the swamp and directed officers to his location. The suspect was
taken into custody without incident.
On 09/11/2021 Officer stopped a vehicle on Highway 55 for weaving within the lane and accelerating
to 91 mph in the posted 55 mph zone. The driver showed signs of impairment and was ultimately
arrested for DWI. The suspect was found to have a previous felony conviction for DWI on his record
so the case will be forwarded to Hennepin County Attorney for an additional felony DWI charge.
On 09/12/2021 Officer took a phone call regarding a dog bite incident. Officer learned that an
Amazon delivery driver was possibly bit by a dog while making a delivery along Shawnee Woods
Road. Officer is working on verifying vaccinations for the dog.
On 09/13/2021 Officer was dispatched to a welfare check of a male sleeping in a vehicle behind the
strip mall off of County Road 101 and Clydesdale Trail. Officer made contact with the male who said
he had got into an argument with his mother and left to cool things off. No criminal activity was
suspected.
On 09/15/2021 Officer was dispatched to a report of a male unconscious in a vehicle in the 3000 block
of Wildflower Trail. Upon arrival Officer found the male conscious and was believed to have passed
out due to having sinus issues. North Ambulance arrived to evaluate the patient and cleared officers
from the scene. Unknown if the patient was transported.
Investigations:
Investigating a theft from motor vehicle from the Medina Country Club. Credit cards that were stolen
from the victim were used at a business to purchase Visa Gift Cards. The suspects involved are
believed to be responsible for numerous other thefts in the area. Investigation is on-going.
Interviewed a juvenile victim that’s involved with an on-going sexual assault investigation. The victim
did not disclose any physical assault but admitted to texting the suspect through all hours of the night.
The suspect is an adult and was in a position of authority. I am attempting to contact the suspect.
Investigation is on-going.
Received additional evidence from Hennepin County CSI in reference to a theft that occurred in
Medina in June of 2021. The evidence I received is a DNA match for a possible suspect. I am making
attempts to identify the suspect.
There are currently (15) cases assigned to investigations.
1
TO: Mayor Martin and Members of the City Council
FROM: Steve Scherer, Public Works Director
DATE: September 15, 2021
MEETING: September 21, 2021
SUBJECT: Public Works Update
STREETS
• The street projects are almost complete. Only the Highcrest / Oak Circle paving
work remains to be scheduled with our contractor.
• Pioneer Trail has been fog sealed over the seal coating which helps to bond and
extend the life of the seal coat. The fog seal also adds an aesthetic value to the
street.
• Striping is scheduled for the end of the month for Pioneer Trail and a portion of
Medina Road.
• Staff continues to work with Corcoran, Plymouth, Maple Grove, and Hennepin
County to coordinate the County Road 101 and Hackamore Road intersection
reconstruction effort.
WATER/SEWER/STORMWATER
• Greg Leuer returned to work on light duty this week. It is good to have our water
operator back.
• The Minnesota Department of Health (MDH) published a new health risk
advisory concerning manganese levels in drinking water. Greg and I are
compiling data for a presentation at the upcoming work session.
• Water usage is back to normal with the rains and cooler temperatures.
PARKS/TRAILS
• We are back to work at Hunter Park installing the storm water piping for the new
tennis/pickleball court. The next step is to sub cut the courts and install the tile
system. We will also be installing 1,750 cubic yards of sand over the tile.
• Public Works is working on seeding and backfilling to finalize our summer street
and trail projects.
PERSONNEL
• Enclosed in your packet is a recommendation to hire Jeremy Thorson as the new
Public Works Maintenance Technician.
MISCELLANEOUS
• We are in the final stages of Celebration Day preparations. We anticipate a good
turnout. Anne and Nicole have done a phenomenal job coordinating this event.
MEMORANDUM
ORDER CHECKS SEPTEMBER 7, 2021 – SEPTEMBER 21, 2021
51977 ALL AMERICAN TITLE CO., INC ................................................. $58.26
51978 EDINA REALTY ........................................................................... $41.49
51979 FOSTER, KYLE ......................................................................... $250.00
51980 HOWE, BRANDON/HOLLY ....................................................... $116.92
51981 KANUGNLA, HEMA SUNDARA ................................................. $100.00
51982 VOID .............................................................................................. $0.00 AMOUNT CORRECTION
51983 MAISER, PETER/LAURIE..................................................... $10,000.00
51984 MINNESOTA TITLE ESCROW ACCOUNT .................................. $37.87
51985 MORAM, HIMA BINDU .............................................................. $150.00
51986 RAINBOW PARTY ARTS ....................................................... $1,040.00
51987 ROTH, PAUL ............................................................................. $250.00
51988 SCHMIDT, MICHAEL/ANNE ........................................................ $54.43
51989 THAMMINENI, AVINASH ........................................................... $350.00
51990 THE TOONIES, LLC .................................................................. $625.00
51991 TRADEMARK TITLE SERVICE ................................................... $71.75
51992 UPPALA, PADMAJA .................................................................. $250.00
51993 WATERMARK TITLE AGENCY ................................................... $33.97
51994 WINSLOW, BARRY/SANDRA ..................................................... $19.39
51995 WOODCRAFT DESIGN BUILD INC...................................... $10,000.00
51996 ADVANCED DRAINAGE SYSTEMS ....................................... $3,144.63
51997 BEAUDRY OIL & PROPANE .................................................. $2,861.65
51998 BLUE CROSS BLUE SHIELD OF MN ................................... $36,666.29
51999 SARAH E BORCHERS ................................................................ $35.42
52000 BOYER FORD TRUCKS INC ..................................................... $102.20
52001 BOYER, BLAKE ........................................................................... $49.62
52002 BURSCHVILLE CONSTRUCTION INC ................................... $5,600.00
52003 CANADIAN PACIFIC RAILWAY............................................ $10,611.70
52004 CLENNON, CHRISTOPHER ........................................................ $35.42
52005 COMMERCIAL ASPHALT CO. ............................................... $2,053.44
52006 CORE & MAIN LP ........................................................................ $45.32
52007 DAHLBACK, CLAES/BRITA ......................................................... $35.42
52008 DESIGNING NATURE, INC. ...................................................... $418.50
52009 DESLAURIERS & SONS INC ................................................. $1,500.00
52010 ECM PUBLISHERS INC .............................................................. $63.32
52011 GLAD, CARSON .......................................................................... $35.24
52012 GOPHER STATE ONE CALL .................................................... $522.45
52013 HAMEL LUMBER INC ............................................................. $1,440.32
52014 HAMEL LIONS CLUB ............................................................. $1,475.00
52015 HAUGE, BRIAN/MAUREEN ......................................................... $49.64
52016 HENN COUNTY INFO TECH .................................................. $2,289.83
52017 HENN COUNTY SHERIFF........................................................... $43.02
52018 HENN CTY RECORDER/REGISTRAR ........................................ $20.00
52019 WILLIAM & CATHERINE HICKS .................................................. $35.42
52020 JACOBSON, NICOLE ................................................................ $291.34
52021 JEREDS LAWN CARE INC ................................................... $10,500.00
52022 JIMMY'S JOHNNYS INC ............................................................ $792.32
52023 JONAS, VICTOR/MICHELLE ....................................................... $35.42
52024 KIM D, JONG ............................................................................... $49.64
52025 KRONE, DANIEL ......................................................................... $39.23
52026 LAW ENFORCEMENT LABOR .................................................. $571.50
52027 LEAGUE OF MINNESOTA CITIES ......................................... $7,358.00
52028 LEXISNEXIS RISK DATA MGMT INC .......................................... $60.50
52029 LUSIAN, STEVEN R. ................................................................... $39.23
52030 LUTHER BROOKDALE CHRYSLER ......................................... $159.30
52031 CITY OF MAPLE PLAIN ......................................................... $5,799.75
52032 METROPOLITAN COUNCIL ................................................. $41,822.55
52033 METROPOLITAN COUNCIL ................................................. $33,322.64
52034 MN DEPT OF LABOR/INDUSTRY ............................................... $10.00
52035 NAPA OF CORCORAN INC ...................................................... $142.17
52036 NELSON ELECTRIC MOTOR REPAIR .................................. $1,602.50
52037 OFFICE DEPOT ........................................................................ $660.68
52038 CITY OF ORONO ................................................................. $10,036.00
52039 ROEHL ESTATE.......................................................................... $35.42
52040 SCHMOLL, ZACHARY/MEGAN ................................................... $35.42
52041 TALLEN & BAERTSCHI .......................................................... $3,641.20
52042 TEGRETE CORP ....................................................................... $530.00
52043 TIERNEY INC. ........................................................................... $449.00
52044 TIMESAVER OFFSITE .............................................................. $151.00
52045 WATCHGUARD INC ........................................................... $105,842.00 POLICE BODY CAMERAS
52046 WIESE, THOMAS/JANINE........................................................... $78.49
52047 WSB & ASSOCIATES ........................................................... $41,991.00 Total Checks $358,629.23
ELECTRONIC PAYMENTS SEPTEMBER 7, 2021 – SEPTEMBER 21, 2021
006078E PR PERA .............................................................................. $18,277.63
006079E PR FED/FICA ....................................................................... $17,171.20
006080E PR MN Deferred Comp ........................................................... $3,740.00
006081E PR STATE OF MINNESOTA .................................................. $4,091.44
006082E CITY OF MEDINA ........................................................................ $24.00
006083E FURTHER .............................................................................. $1,795.20
006084E MN CHILD SUPPORT PAYMENT ............................................. $235.50
006085E FURTHER ................................................................................. $144.59
006086E AFLAC ....................................................................................... $473.48
006087E CENTURYLINK.......................................................................... $258.57
006088E CULLIGAN-METRO ..................................................................... $34.40
006089E FP MAILING SOL POSTAGE BY PHON ................................. $1,000.00
006090E FRONTIER .................................................................................. $57.99
006091E PAYMENT SERVICE NETWORK INC .................................... $1,189.17
006092E XCEL ENERGY ...................................................................... $3,969.37
Total Electronic Checks $52,462.54
PAYROLL DIRECT DEPOSIT – SEPTEMBER 15, 2021
0511301 BILLMAN, JACKSON CARROLL .............................................. $743.34
0511302 COOK, JUSTIN W .................................................................... $256.81
0511303 ALTENDORF, JENNIFER L. ..................................................... $700.99
0511304 BARNHART, ERIN A. ............................................................ $2,492.82
0511305 BAUMGARDNER, COLETTE J ................................................. $123.29
0511306 BOECKER, KEVIN D. ............................................................ $2,876.81
0511307 CONVERSE, KEITH A. .......................................................... $2,310.54
0511308 DEMARS, LISA ...................................................................... $1,436.13
0511309 DION, DEBRA A. ................................................................... $2,009.14
0511310 ENDE, JOSEPH..................................................................... $2,336.85
0511311 FINKE, DUSTIN D. ................................................................ $2,649.78
0511312 GALLUP, JODI M. .................................................................. $2,148.72
0511313 GLEASON, JOHN M. ............................................................. $1,893.82
0511314 GREGORY, THOMAS ........................................................... $2,232.53
0511315 HALL, DAVID M. .................................................................... $2,424.09
0511316 HANSON, JUSTIN ................................................................. $2,682.56
0511317 JACOBSON, NICOLE ............................................................... $854.25
0511318 JESSEN, JEREMIAH S. ......................................................... $2,685.20
0511319 JOHNSON, SCOTT T. ........................................................... $2,093.01
0511320 KLAERS, ANNE M. ................................................................ $1,515.93
0511321 LEUER, GREGORY J. ........................................................... $1,868.43
0511322 MCGILL, CHRISTOPHER R. ................................................. $1,439.35
0511323 MCKINLEY, JOSHUA D ......................................................... $2,054.72
0511324 NELSON, JASON .................................................................. $4,622.71
0511325 REINKING, DEREK M ........................................................... $2,350.52
0511326 SCHARF, ANDREW .............................................................. $2,284.90
0511327 SCHERER, STEVEN T. ......................................................... $2,389.84
0511328 VINCK, JOHN J ..................................................................... $1,793.69
0511329 VOGEL, NICHOLE ................................................................. $1,008.08
0511330 BURSCH, JEFFREY ................................................................. $994.61
Total Payroll Direct Deposit $57,273.46