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HomeMy Public PortalAbout10.05.2021 Complete City Council Meeting Packet Posted 9/30/2021 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, October 5, 2021 7:00 P.M. Meeting to be held telephonically/virtually pursuant Minn. Stat. Sec. 13D.021 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the September 21, 2021 Work Session B. Minutes of the September 21, 2021 Regular Council Meeting V. CONSENT AGENDA A. Resolution Approving the Agreement between the City of Medina and Law Enforcement Labor Services, Inc. Representing the Local #36 Bargaining Unit for the Calendar Years 2022-2023 B. Resolution Accepting Donation from American Legion C. Resolution Accepting Donations for Medina Celebration Day 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 Public Works Water Operator Greg Leuer for Fifteen Years of Service to the City of Medina VIII. NEW BUSINESS A. BAPS Minneapolis LLC – 1400 Hamel Road – Site Plan Review for Approximately 46,000 square foot Building including Assembly, Classrooms and Ancillary Spaces IX. OLD BUSINESS A. Discussion on Meeting Options Due to the Ongoing Pandemic X. CITY ADMINISTRATOR REPORT XI. MAYOR & CITY COUNCIL REPORTS XII. APPROVAL TO PAY BILLS XIII. CLOSED SESSION: City Administrator Annual Performance Review, Pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(a) XIV. ADJOURN Telephonic/Virtual Meeting Call-in Instructions Join via Microsoft Teams to view presentations at this link: https://medinamn.us/council/ For audio only: Dial 1-612-517-3122 Enter Conference ID: 553 950 794# MEMORANDUM TO: Medina Mayor and City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: September 30, 2021 DATE OF MEETING: October 5, 2021 SUBJECT: City Council Meeting Report Telephonic/Virtual Meeting Call-in Instructions Join via Microsoft Teams to view presentations at this link: https://medinamn.us/council/ For audio only: Dial 1-612-517-3122; Enter Conference ID: 553 950 794# V. CONSENT AGENDA A. Resolution Approving the Agreement between the City of Medina and Law Enforcement Labor Services, Inc. Representing the Local #36 Bargaining Unit for the Calendar Years 2022-2023 – The union has agreed to ratify the agreement with the terms proposed by the City Council at the September 7th Closed Session meeting. Staff recommends approval. See attached resolution, agreement, and red-lined agreement. B. Resolution Accepting Donation from American Legion – The American Legion has donated $2,121.62 to purchase a picnic table in Roy Nelson’s memory. Staff recommends approval. See attached memo and resolution. C. Resolution Accepting Donations for Medina Celebration Day – Staff recommends approval of the resolution accepting donations for Medina Celebration Day. See attached resolution. 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 Public Works Water Operator Greg Leuer for Fifteen Years of Service to the City of Medina – Mayor Martin will read the resolution. See attached resolution.  2 Recommended Motion: Motion to adopt resolution recognizing Public Works Water Operator Greg Leuer for fifteen years of service to the City of Medina VIII. NEW BUSINESS A. BAPS Minneapolis LLC – 1400 Hamel Road – Site Plan Review for Approximately 46,000 square foot Building including Assembly, Classrooms and Ancillary Spaces – Bochasanwasi Shri Akshar Purushottam Swaminarayan Sanstha (BAPS) Minneapolis has requested approval of a Site Plan Review for construction of an approximately 46,000 square foot building at 1400 Hamel Road. The subject property is located north of Hamel Road and east of Arrowhead Drive. The Planning Commission reviewed the application at their September 14th meeting and recommended approval of the Site Plan Review subject to the conditions noted in the staff report. See attached report. Potential Motion: Move to direct staff to prepare a resolution granting approval of the site plan review subject to the conditions noted in the staff report. IX. OLD BUSINESS A. Discussion on Meeting Options Due to the Ongoing Pandemic – Council requested this item stay on the agenda to continue to evaluate the pandemic to determine when Council should return to in-person meetings. See attached memo. XII. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 006093E-006108E for $55,420.44 and order check numbers 052048-052087 for $124,701.51, and payroll EFT 0511331-0511361 for $58,659.97. XIII. CLOSED SESSION: City Administrator Annual Performance Review, Pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(a) See attached closed session packet. INFORMATION PACKET:  Planning Department Update  Police Department Update  Public Works Department Update  Claims List  Medina City Council Special Meeting Minutes 1 September 21, 2021 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF SEPTEMBER 21, 2021 The City Council of Medina, Minnesota met in special session on September 21, 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, Finance Director Erin Barnhart, Public Safety Director Jason Nelson, and Planning Director Dusty Finke II. Discuss Future Water Treatment Expansion Staff presented information on the future water treatment plant expansion that is estimated at $1.4 Million. Staff also provided information on the high levels of manganese found in Well #5 of the Hamel Water System, Medina Morningside, and Independence Beach drinking water. The treatment plant expansion would be used to treat manganese and other contaminants to keep the drinking water safe. Water softeners have proven to help remove manganese and may be a viable option for Independence Beach and Medina Morningside, where treatment is not available. Staff was requesting Council direction to solicit a quote from WSB to do a feasibility report and cost estimate for the expansion of the water treatment plant and media replacement. Brian Noma from the Minnesota Department of Health was also present at the meeting. Mr. Noma informed Council that the new manganese levels are not being enforced at this time but could be enforced in the future. There are currently no state or federal funds available to address manganese levels in drinking water. Also, he informed Council that pre-mixed formulas for babies include manganese. Some manganese is needed to stay healthy, and the level of manganese needs to be kept at a healthy level when mixing bottled water or tap water with infant formula. Finally, he discussed how treatment devices and reverse osmosis systems are available to homeowners to remove manganese from drinking water. Plus, Mr. Noma explained that an oxidation process is used to remove manganese from drinking water. Staff informed the City Council about ARPA funds that could be used to improve and address drinking water issues, including the water treatment plant expansion. Bonding would be recommended due to the funding needs for other water infrastructure projects and paying other current bonded debt. Finance Director Erin Barnhart reviewed possible options for ARPA funds to address eligible drinking water issues in Medina. The Mayor and Council directed staff to solicit a quote from WSB to do a feasibility report and cost estimate for the expansion of the water treatment plant and media replacement. Medina City Council Special Meeting Minutes 2 September 21, 2021 III. Special Assessment Policy Summary Finance Director Erin Barnhart presented information on the assessment policy, the percentage split for projects, and the benefit requirement under Chapter 429. The Mayor and Council asked questions regarding the percentage splits under the assessment policy, commented on the number of smaller, public roads on dead ends or cul-de-sacs, and discussed the splits for larger collector road projects on busy streets. Staff was directed by the City Council to bring this topic back for further review at a future work session with Public Works Director Steve Scherer present at the meeting. III. Adjournment Martin closed the meeting at 6:59 p.m. _________________________ Kathleen Martin, Mayor Attest: ____________________________ Jodi M. Gallup, City Clerk Medina City Council Meeting Minutes 1 September 21, 2021 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 21, 2021 3 4 The City Council of Medina, Minnesota met in regular session on September 21, 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, City Attorney Ron Batty, Finance 14 Director Erin Barnhart, City Engineer Jim Stremel, City Planning Director Dusty Finke, 15 and Chief of Police Jason Nelson. 16 17 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 18 19 III. ADDITIONS TO THE AGENDA (7:00 p.m.) 20 Johnson noted that staff is requesting to table Item 7A as Gallup was not able to attend 21 tonight. 22 23 The agenda was approved as presented. 24 25 IV. APPROVAL OF MINUTES (7:00 p.m.) 26 27 A. Approval of the September 7, 2021 Work Session City Council Meeting 28 Minutes 29 Moved by Reid, seconded by Cavanaugh, to approve the September 7, 2021 work 30 session City Council meeting minutes as presented. Motion passed unanimously. 31 32 B. Approval of the September 7, 2021 Regular City Council Meeting Minutes 33 Martin noted that prior to the meeting Johnson distributed proposed changes submitted 34 by herself and Cavanaugh. 35 36 Moved by Cavanaugh, seconded by Reid, to approve the September 7, 2021 regular 37 City Council meeting minutes as amended. Motion passed unanimously. 38 39 V. CONSENT AGENDA (7:02 p.m.) 40 41 A. Appoint Jeremy Thorson to the Position of Public Works Maintenance 42 Technician 43 B. Resolution No. 2021-59 Granting a Conditional Use Permit for Ground 44 Mounted Solar Panels of 2,328 Square Feet for the Property at 2832 Hamel 45 Road 46 C. Approve Wetland Replacement Plan and Costs Related to Construction of 47 Chippewa Road from Mohawk Drive to Arrowhead Drive 48 D. Ordinance No. 675 Establishing a Planned Unit Development District for 49 Baker Park Townhomes and Amending the Official Zoning Map 50 Medina City Council Meeting Minutes 2 September 21, 2021 E. Resolution No. 2021-60 Authorizing Publication of Ordinance No. 675 by 1 Title and Summary 2 F. Resolution No. 2021-61 Granting PUD General Plan and Site Plan Review 3 Approval for Baker Park Townhomes 4 G. Approve Planned Unit Development Agreement by and between the City of 5 Medina and Medina Townhome Development LLC 6 Martin commented that she read through the document for Item G and commended 7 Batty for his excellent work in drafting documents. 8 9 Batty commented that was not his document, but that of Dave Anderson. 10 11 Moved by Martin, seconded by DesLauriers, to approve the consent agenda. Motion 12 passed unanimously. 13 14 VI. COMMENTS (7:04 p.m.) 15 16 A. Comments from Citizens on Items not on the Agenda 17 There were none. 18 19 B. Park Commission 20 Finke reported that the Park Commission discussed the Marsh Point subdivision related 21 to parks and trails and recommended trail connections and a maintenance access for 22 public works. He stated that the Lakeshore Park Plan was also discussed, noting that 23 the Commission reviewed three possible layouts and endorsed a hybrid of the ideas 24 which will be presented to the Council. 25 26 C. Planning Commission 27 Planning Commissioner Grajczyk reported that the Commission met the previous week 28 to hold a public hearing to consider an ordinance amendment related to signs. He 29 explained that the applicant would like the ability to place a larger digital sign at Hwy 55 30 and CR 116. He summarized the discussion of the Commission noting that the request 31 was tabled with direction for staff to bring back additional information. He stated that the 32 Commission also completed a review of a request from BAPS Hindu Community Center 33 and received input from adjacent property owners. 34 35 VII. PRESENTATIONS 36 37 A. Resolution Recognizing Assistant City Administrator Jodi Gallup for 15 38 Years of Service to the City of Medina (7:10 p.m.) 39 Moved by Cavanaugh, seconded by DesLauriers, to table Resolution Recognizing 40 Assistant City Administrator Jodi Gallup for 15 Years of Service to the City of Medina. 41 Motion passed unanimously. 42 43 B. Resolution No. 2021-62 Recognizing Police Officer Andrew Scharf for Five 44 Years of Service to the City of Medina (7:10 p.m.) 45 Martin read aloud the draft resolution recognizing Police Officer Andrew Scharf for five 46 years of service to the City of Medina. 47 48 Moved by DesLauriers, seconded by Albers, to adopt Resolution No. 2021-62 49 Recognizing Police Officer Andrew Scharf for Five Years of Service to the City of 50 Medina. 51 Medina City Council Meeting Minutes 3 September 21, 2021 1 Further discussion: Nelson stated that Scharf is a perfect example of how the CSO 2 program can be used to evaluate candidates and promote them when an opening 3 presents itself. He commented that Scharf is a rising star in the organization. He noted 4 that it is nice to have young Officers that continue to educate themselves. He reviewed 5 some of the programs that Scharf is involved in on behalf of the department. 6 7 Martin presented Scharf with the resolution recognizing his five years of service to the 8 City of Medina. 9 10 VIII. NEW BUSINESS 11 12 A. Discussion on Ordinance Amending Chapter 3 of the City Code of 13 Ordinances Pertaining to Third Party Gift Card Procurement (7:15 p.m.) 14 Nelson stated that staff has been discussing this for over one year. He explained that he 15 would like to create an ordinance similar to that of the City of Shakopee. He stated that 16 initially there was pushback from the Shakopee ordinance but after gathering the data 17 and working with the big box companies they came to the solution of targeting Visa, 18 Mastercard, and American Express gift cards rather than gift cards for individual 19 retailers. He explained the ordinance has thwarted criminal activity in that city and 20 reduced theft. He stated that if there are enough cities on board, the initial goal could 21 possibly be reached which would be to go to the legislature. He stated that once per 22 week the department receives a call about theft from vehicles or mailboxes and related 23 stolen credit card activity. He stated that he has spoken with the lead asset protection 24 representative at Target. He noted that the Police Department only receives reports 25 when the victim files a report. He stated that the Target employee stated that they have 26 instances each day noting that one day there was $1,700 and the next $1,000. He 27 stated that this type of ordinance would allow him to work with the retailer on training 28 with the goal of thwarting criminal activity. He stated that he has spoken with other 29 Police Chiefs that stated if Medina passes this ordinance, they will also look at a similar 30 ordinance. He provided background information on recent auto thefts, noting that the 31 stolen credit cards are then used to purchase gift cards at Target. He asked the Council 32 to support this action and noted that he would then work with legal counsel to complete 33 drafting an ordinance. 34 35 Martin stated that she has some grammatic suggestions but nothing substantiative. 36 37 DesLauriers applauded Nelson for bringing this forward and taking the initiative. He 38 noted that in subdivision five, perhaps a passport could be added as a form of 39 identification. 40 41 Reid stated that she recalls reading police reports and seeing these repeated instances. 42 She noted that this is an easy crime to commit and commended Nelson for putting the 43 time in to tackle this problem. 44 45 Albers agreed that card fraud is a significant problem in the financial world. He asked for 46 clarification on when the gift card comes into play, whether it is stolen to begin with and 47 being used to purchase goods or whether it is the purchase of the gift cards. 48 49 Martin commented that it is the use of a stolen credit card to purchase a gift card. 50 51 Medina City Council Meeting Minutes 4 September 21, 2021 Albers asked if it would help to have gift cards placed behind the counter for purchase, 1 like cigarettes. 2 3 Nelson stated that he has considered that and would speak with retailers about that. He 4 agreed that it is helpful to make it less convenient to purchase gift cards with stolen 5 credit cards. He noted that certain medications require a purchaser to show 6 identification and that could be helpful as well. He stated that he would work with 7 retailers to find the best practice. 8 9 Albers stated that each payment terminal is programable and perhaps that is how the 10 self-checkout terminals are updated. 11 12 Nelson stated that he would work with the Police Chief in Shakopee as that city has 13 already worked with Target in their community. He noted that Police Chief is willing to 14 assist with training in Medina as well. 15 16 Martin thanked Nelson for his leadership. She confirmed the consensus of the Council 17 to support Nelson continuing to work on this matter. 18 19 VII. PRESENTATIONS (Continued) 20 21 B. Resolution No. 2021-62 Recognizing Police Officer Andrew Scharf for Five 22 Years of Service to the City of Medina (7:30 p.m.) 23 It was noted that although a motion was made, a vote was not taken. 24 25 Moved by DesLauriers, seconded by Albers, to adopt Resolution No. 2021-62 26 Recognizing Police Officer Andrew Scharf for Five Years of Service to the City of 27 Medina. Motion passed unanimously. 28 29 VIII. NEW BUSINESS (Continued) 30 31 B. Uptown Hamel Stormwater Analysis (7:31 p.m.) 32 Johnson provided background information on previous stormwater updates in Uptown 33 Hamel noting that since the time of the installation of those improvements, stormwater 34 requirements have changed. He stated that clarification is needed on the credits 35 available within the regional stormwater pond. 36 37 Finke explained that this would involve technical compliance and whether this meets the 38 requirements of the watershed and the City’s MS4 requirements, as the improvements 39 were designed under older regulations. He noted that it could also identify additional 40 improvements that could be made to gain compliance if needed. He stated that this 41 process would collect that background information and identify opportunities without 42 going further into the design process. He stated that information would then be reviewed 43 to determine if any of those opportunities should be explored. 44 45 Stremel confirmed that the analysis would be the main focus, to review the existing 46 system and identify opportunities. 47 48 Martin commented that this type of proactive activity has been helpful for Medina, and 49 she appreciates this type of forethought. 50 51 Medina City Council Meeting Minutes 5 September 21, 2021 Moved by Cavanaugh, seconded by Martin, to authorize work described in the Scope of 1 Services for the Uptown Hamel Analysis in an amount not to exceed $14,693. Motion 2 passed unanimously. 3 4 C. Discussion on Meeting Options Due to the Ongoing Pandemic (7:36 p.m.) 5 Martin stated that Batty has provided a memorandum and possible order for 6 consideration. 7 8 Johnson stated that Batty has drafted a memorandum updating the Council on what 9 would be necessary to return to remote meetings under Minnesota Statute. He noted 10 that Batty has also drafted an order related to remote meetings. 11 12 Martin commented that Johnson, Martin, or Batty have the ability to implement the order 13 when there is a pandemic. She noted that the number of cases is back on the rise and 14 there are a lot of members in the room that have children or grandchildren that have 15 returned to school who are not vaccinated. She noted that one Council person received 16 infection after vaccination and members of Commissions have had similar experiences. 17 She believed that it might be a good move to be proactive going into the fall season and 18 holidays. She commented that while the preference is to meet in person, it may make 19 sense to retreat back to virtual meetings through the end of the year. 20 21 DesLauriers asked how many cities have gone back to an emergency declaration. 22 23 Batty stated that out of the seven cities he represents, one city has returned to virtual 24 meetings, and he is aware of one watershed that has gone back as well. He noted that 25 a number of cities have remained virtual and did not return to in-person meetings. He 26 noted that the one city he represents that has returned to virtual meetings has a smaller 27 City Hall and did not feel they had adequate space to safely conduct meetings. 28 29 Cavanaugh commented that the Delta variant is pretty contagious. He stated that he 30 has been vaccinated for some time and that did not stop him from getting it. He stated 31 that if the virus continues to spread it will keep kids from attending school in-person. 32 33 Albers stated that he would be supportive of returning to virtual meetings. 34 35 Reid stated that she will support that if that is the consensus of the Council. 36 37 DesLauriers asked how virtual meetings would impact staff. 38 39 Johnson stated that staff would return to using the Teams platform as they did 40 previously. 41 42 DesLauriers asked how the public perceives virtual meetings. 43 44 Johnson noted that some people prefer that format as they can participate virtually and 45 do not need to be present at City Hall. 46 47 Finke stated that Medina has been cautious about camera use because of bandwidth 48 and internet issues. He stated that there is a way to provide audio through telephone 49 and then cameras can be turned on as well and if there is an issue with lag, audio would 50 not be impacted. 51 Medina City Council Meeting Minutes 6 September 21, 2021 1 Batty stated that under this portion of the statute there is not the issue that came forward 2 in the past related to being in a disclosed public place. He noted that people would be 3 able to attend from home without disclosing their location. 4 5 Cavanaugh stated that he understands the perception of not being in the room but 6 believed there are factors to support this. 7 8 Martin noted that if there is one action item that could have a lot of public input, it would 9 make sense to have virtual participation to ensure the room is not filled. 10 11 DesLauriers stated that he supports the move to virtual participation. He recognized that 12 it is difficult to wear the mask during long meetings. 13 14 Albers stated that his employer is in a holding pattern through the end of the year and 15 continues to operate virtually. He commented that while it is nice to be in person with 16 people, there is still a concern with COVID even though many people are vaccinated. 17 18 Reid confirmed that she would support the action as well. 19 20 Martin suggested that this item remain on the agenda moving forward to keep touching 21 base. 22 23 IX. OLD BUSINESS 24 25 A. Stetler Enterprises LLC – 500 Hamel Road – Prairie Creek Preliminary Plat 26 and Variance (7:49 p.m.) 27 Johnson stated that staff was directed to move forward with Preliminary Plat and the 28 variance at the September 7th meeting and this was placed on the agenda rather than 29 the Consent Agenda in order to allow Cavanaugh the opportunity to recuse himself as 30 he has done previously. 31 32 Cavanaugh recused himself. 33 34 1. Resolution No. 2021-63 Granting Preliminary Approval of the Prairie 35 Creek Plat 36 Moved by DesLauriers, seconded by Albers, to adopt Resolution No. 2021-63 Granting 37 Preliminary Approval of the Prairie Creek Plat. Motion passed unanimously. 38 (Cavanaugh abstained) 39 40 2. Resolution No. 2021-64 Granting Variance Approval for Increased 41 Maximum Setback for 500 Hamel Road 42 Moved by DesLauriers, seconded by Reid, to adopt Resolution No. 2021-64 Granting 43 Variance Approval for Increased Maximum Setback for 500 Hamel Road. Motion 44 passed unanimously. (Cavanaugh abstained) 45 46 Cavanaugh rejoined the Council. 47 48 X. CITY ADMINISTRATOR REPORT (7:51 p.m.) 49 Johnson thanked Nicole Jacobson and all the other staff members for their fantastic 50 work with the Celebration Day event. He stated that the Police Union reviewed the 51 Medina City Council Meeting Minutes 7 September 21, 2021 proposed agreement from the City and approved that agreement. He noted that it will 1 come back on the October 5th Consent Agenda for Council approval. 2 3 XI. MAYOR & CITY COUNCIL REPORTS (7:52 p.m.) 4 Reid provided an update on her recent work with the Uptown Hamel business owners 5 related to marketing and branding. 6 7 DesLauriers commended staff for a well-done Celebration Day event. He noted that the 8 new play areas attracted many children. 9 10 XII. APPROVAL TO PAY THE BILLS (7:54 p.m.) 11 Moved by DesLauriers, seconded by Cavanaugh, to approve the bills, EFT 006078E-12 006092E for $52,462.54, order check numbers 051977-052047 for $358,629.23, and 13 payroll EFT 0511301-0511330 for $57,273.46. Motion passed unanimously. 14 15 XIII. ADJOURN 16 Moved by Cavanaugh, seconded by DesLauriers, to adjourn the meeting at 7:55 p.m. 17 Motion passed unanimously. 18 19 20 __________________________________ 21 Kathleen Martin, Mayor 22 Attest: 23 24 ____________________________________ 25 Jodi M. Gallup, City Clerk 26 Resolution No. 2021-## October 5, 2021 Member _________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2021- RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF MEDINA AND LAW ENFORCEMENT LABOR SERVICES, INC. REPRESENTING THE LOCAL #36 BARGAINING UNIT FOR THE CALENDAR YEARS 2022-2023 WHEREAS, representatives of Law Enforcement Labor Services, Inc. representing the Local #36 bargaining unit of the City of Medina have negotiated a two-year labor agreement, hereinafter called the Agreement, for the term January 1, 2022 through December 31, 2023; and WHEREAS, the Agreement is attached as Exhibit A to this resolution; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota that the City Council approves and ratifies the Agreement and that the Mayor and the City Administrator are authorized and directed to execute the original contracts. Dated: October 5, 2021. Kathleen Martin, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member __________ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Agenda Item #5A LABOR AGREEMENT BETWEEN LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL #36) AND THE CITY OF MEDINA JANUARY 1, 2022 THROUGH DECEMBER 31, 2023 2 TABLE OF CONTENTS ARTICLE 1. PURPOSE OF AGREEMENT ..........................................................................................................................3 ARTICLE 2. RECOGNITION ................................................................................................................................................3 ARTICLE 3. DEFINITIONS ..................................................................................................................................................3 ARTICLE 4. EMPLOYER SECURITY .................................................................................................................................4 ARTICLE 5. EMPLOYER AUTHORITY .............................................................................................................................4 ARTICLE 6. UNION SECURITY ..........................................................................................................................................4 ARTICLE 7. GRIEVANCE PROCEDURE ...........................................................................................................................5 ARTICLE 8. SAVINGS CLAUSE .........................................................................................................................................7 ARTICLE 9. SENIORITY ......................................................................................................................................................7 ARTICLE 10. DISCIPLINE ...................................................................................................................................................8 ARTICLE 11. WORK SCHEDULE .......................................................................................................................................8 ARTICLE 12. HOLIDAY LEAVE .........................................................................................................................................9 ARTICLE 13. VACATION .................................................................................................................................................. 10 ARTICLE 14. SICK LEAVE ................................................................................................................................................ 11 ARTICLE 15. INJURY-ON-DUTY LEAVE ....................................................................................................................... 13 ARTICLE 16. DISABILITY LEAVE ................................................................................................................................... 14 ARTICLE 17. FUNERAL LEAVE ....................................................................................................................................... 14 ARTICLE 18. INSURANCE ................................................................................................................................................ 15 ARTICLE 19. HEALTH CLUB MEMBERSHIP ................................................................................................................. 15 ARTICLE 20. UNIFORMS .................................................................................................................................................. 16 ARTICLE 21. WAGES ......................................................................................................................................................... 16 ARTICLE 22. OVERTIME .................................................................................................................................................. 16 ARTICLE 23. COURT TIME ............................................................................................................................................... 17 ARTICLE 24. STANDBY .................................................................................................................................................... 17 ARTICLE 25. CALL BACK TIME ...................................................................................................................................... 17 ARTICLE 26. COMPENSATORY TIME ............................................................................................................................ 17 ARTICLE 27. P.O.S.T. LICENSE FEE AND TRAINING .................................................................................................. 18 ARTICLE 28. EDUCATION REIMBURSEMENT ............................................................................................................. 18 ARTICLE 29. RESIGNATION ............................................................................................................................................ 18 ARTICLE 30. PART-TIME EMPLOYEES ......................................................................................................................... 18 ARTICLE 31. WAIVER ....................................................................................................................................................... 18 ARTICLE 32. DURATION .................................................................................................................................................. 19 APPENDIX A - WAGES ...................................................................................................................................................... 20 3 ARTICLE 1. PURPOSE OF AGREEMENT 1.1 This AGREEMENT is entered into between the CITY OF MEDINA, hereinafter called the EMPLOYER, and LAW ENFORCEMENT LABOR SERVICES, INC. (Local #36), hereinafter called LELS. It is the intent and purpose of this AGREEMENT to: 1.1.1. Establish procedures for the resolution of disputes concerning this AGREEMENT's interpretation and/or application; and 1.1.2. Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE 2. RECOGNITION 2.1 The EMPLOYER recognizes LELS as the exclusive representative for the following appropriate unit: All sworn law enforcement officers of the City of Medina Police Department whose employment service qualifies them as "public employees" under Minn. Statute. § 179A.03, subd. 14, excluding confidential, supervisory, and all other employees, but excluding any sworn law enforcement officers who are not members of LELS. 2.2 In the event the EMPLOYER and LELS are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue will be submitted to the Bureau of Mediation Services for determination. ARTICLE 3. DEFINITIONS 3.1 LELS: Law Enforcement Labor Services, Inc. (Local #36). 3.2 LELS MEMBER: A member of Law Enforcement Labor Services, Inc. (Local #36). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The CITY OF MEDINA POLICE DEPARTMENT. 3.5 EMPLOYER: The CITY OF MEDINA. 3.6 CHIEF: The CHIEF OF POLICE of the MEDINA POLICE DEPARTMENT. 3.7 LELS OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Inc., (Local #36). 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess 4 of the EMPLOYEE's scheduled shift. 3.9 REST BREAKS: Periods during the scheduled shift during which the EMPLOYEE remains on continual duty and is responsible for assigned duties. 3.10 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the EMPLOYEE remains on continual duty and is responsible for assigned duties. 3.11 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.12 PROBATIONARY PERIOD: A period of one (1) year from the date of employment or promotion. 3.13 "WILL": The use of the word "will" in this agreement has the same meaning and legal interpretation as the word "shall". ARTICLE 4. EMPLOYER SECURITY 4.1 LELS agrees that during the life of this AGREEMENT, LELS will not cause, encourage, participate in or support any strike, slow-down, or other interruption of or interference with the normal function of the EMPLOYER. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, equipment and uniforms; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT will remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE 6. UNION SECURITY 6.1 The EMPLOYER will deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly LELS dues. Such monies will be remitted as directed by LELS. 6.2 LELS agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result 5 of any action taken or not taken by the EMPLOYER under the provisions of 6.1. 6.3 LELS may designate EMPLOYEES from the bargaining unit to act as a Steward and an alternate and will inform the EMPLOYER in writing of such choice and changes in the position of Steward and/or alternate. 6.4 The EMPLOYER will make space available on the EMPLOYER bulletin board for posting LELS notice(s) and announcements. ARTICLE 7. GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION REPRESENTATIVE. The EMPLOYER will recognize representatives designated by LELS as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. LELS will notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated as provided by 6.3 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE. The processing of grievances is limited by the job duties and responsibilities of the EMPLOYEES and will therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and LELS representative will be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the LELS Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 PROCEDURE. Grievances, as defined by Article 7.1, will be resolved in conformance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT will, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Chief. The Chief will discuss and give an answer to such Step 1 grievance in writing within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 will be placed in writing by the EMPLOYEE or LELS setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly 6 violated, the remedy requested, and will be appealed to Step 2 within ten (10) calendar days after the Chief’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by LELS within ten (10) calendar days will be considered waived. Step 2. If appealed, the written grievance will be presented to and discussed with the Chief by LELS. A copy of the written grievance will also be mailed by LELS to the Employer's City Administrator. The Chief will give LELS the EMPLOYER's Step 2 answer in writing within ten (10) calendar days after receipt of such step 2 grievance, and will be appealed to Step 3 within ten (10) calendar days after receipt of the Chief’s final answer in Step 2. A grievance not resolved in Step 2 and not appealed to Step 3 within ten (10) calendar days of receipt of the Chief’s final answer in Step 2 will be considered waived. Step 3. If appealed from Step 2, the written grievance will be presented by LELS and discussed with the Medina City Council. The Medina City Council will give LELS the EMPLOYER's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following receipt of the Medina City Council's final answer in Step 3. Any grievance not appealed in writing to Step 3A by LELS within ten (10) calendar days of receipt of the Medina City Council’s final answer in Step 3 will be considered waived. Step 3A. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves time lines for Step 4 of the grievance procedure and either party may, within ten (10) calendar days after completion of such mediation, submit the grievance to arbitration pursuant to Step 4 below. Step 4. A grievance unresolved in Step 3 or Step 3A and appealed to Step 4 by LELS will be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator will be made in accordance with the "Rules Governing the Arbitration of Grievances," as established by the Bureau of Mediation Services. 7.5 ARBITRATOR'S AUTHORITY. 7.5.1 The arbitrator will have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator will consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and LELS, and will have no authority to make a decision on any issue not so submitted. The arbitrator will be without power to make decisions contrary to, or inconsistent with, or modifying, or varying in any way the 7 application of laws, rules, or regulations having the force and effect of law. The decision will be binding on both the EMPLOYER and LELS and will be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. 7.5.2 The arbitrator's decision will be submitted to the parties in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. 7.5.3 The fees and expenses of the arbitrator's services and proceedings will be borne equally by the EMPLOYER and LELS provided that each party will be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made provided the requesting party pays for the record and provide a copy of the record to the other party without cost. If both parties desire a verbatim record of the proceedings, the cost will be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set forth in Article 7 above, it will be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof it will be considered settled on the basis of the EMPLOYER's last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, LELS may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and LELS in each step. ARTICLE 8. SAVINGS CLAUSE 8.1 This AGREEMENT is subject to applicable Federal and State Law. In the event any provision of this AGREEMENT will be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions will be voided. All other provisions of this AGREEMENT will continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 9. SENIORITY 9.1 Seniority will be determined by the EMPLOYEE's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be determined by the CHIEF on the basis of time in grade and time within specific classifications. 9.2 All newly-hired, re-hired, and promoted EMPLOYEES will serve a twelve 12 month 8 probationary period. During the probationary period, a newly-hired or re-hired EMPLOYEE may be discharged, with or without cause, at the sole discretion of the EMPLOYER. During the probationary period, a promoted or reassigned EMPLOYEE may, at the EMPLOYEE's discretion, seek reinstatement to their previous position. The EMPLOYER may, during the probationary period, place a promoted or reassigned EMPLOYEE in their previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Written notification of lay-off will be by mail (certified/return-receipt requested) or personal delivery no less than two (2) calendar weeks before lay-off is to take effect. EMPLOYEES will have the right to be recalled in the reverse order of lay-off for two consecutive years after lay-off (meaning that the EMPLOYEE with the most seniority will be recalled first). An EMPLOYEE on layoff will have an opportunity to return to work within two years of the time of the lay-off before any new employee is hired. EMPLOYEES on lay-off notified by mail (certified/return-receipt requested) or personal delivery to return to work or given an opportunity to return to work must return within two (2) calendar weeks after notification and if the EMPLOYEE does not return to work, the EMPLOYEE will forfeit all recall rights, unless otherwise agreed to by the parties under the circumstances. EMPLOYEES must be licensed or eligible to be licensed at the time of recall or forfeit any and all rights to return to work. The EMPLOYER will provide an updated list of available classes to laid-off EMPLOYEES upon request. 9.4 Seniority will be the determining criterion for promotion and transfer when all job-related qualifications of EMPLOYEES are equal. ARTICLE 10. DISCIPLINE 10.1 The EMPLOYER will discipline non-probationary EMPLOYEES for just cause only. Discipline will be in one or more of the following forms: a. Oral Reprimand; or b. Written Reprimand; or c. Suspension; or d. Demotion; or e. Discharge. 10.2 Suspensions, demotions, and discharges will be in written form and grievances involving such discipline will be initiated in Step 3 of the grievance procedure. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an EMPLOYEE's personnel file will be read and acknowledged by signature of the EMPLOYEE. EMPLOYEES and LELS will receive a copy of such reprimands and/or notices. 10.4 EMPLOYEES may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 9 ARTICLE 11. WORK SCHEDULE 11.1 The normal work year will be two-thousand eighty (2,080) hours to be accounted for by each EMPLOYEE through: a. Hours worked on assigned shifts; b. Holidays (as defined in Section 12.1 below); c. Training assigned by the EMPLOYER; d. Authorized leave time. 11.2 Nothing contained in this or any other Article will be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign EMPLOYEES. ARTICLE 12. HOLIDAY LEAVE 12.1 Full-time EMPLOYEES will receive ninety-six (96) hours compensatory holiday hours in the normal work year. Holidays include: New Year's Day Columbus Day Martin Luther King Day Veterans Day Presidents' Day Thanksgiving Memorial Day Friday after Thanksgiving Independence Day Christmas Labor Day One (1) personal holiday 12.2 EMPLOYEES will take holiday time at their request, upon mutual consent of the EMPLOYEE and the EMPLOYER; which consent shall not be unreasonably withheld. 12.3 Compensatory time under Article 12 will be governed by the compensatory time provisions of this Agreement. See Article 26. 12.4 If EMPLOYEES work any of the following eleven (11) holidays at the direction of the EMPLOYER, they will be paid at one and one-half (l ½ ) times their normal rate of pay for those hours worked: New Year's Day Columbus Day Martin Luther King Day Veterans Day Presidents' Day Thanksgiving Memorial Day Friday after Thanksgiving Independence Day Christmas Labor Day 12.5 Overtime hours worked on any of the Holidays listed in 12.4, will be paid at two times the EMPLOYEE’s normal rate of pay. 10 ARTICLE 13. VACATION 13.1 Full-time EMPLOYEES will accrue vacation at the following rate for years of completed continuous service: 13.2 Vacation time may be used at any time after accrual during the year in which the vacation time was earned and at any time before the end of the following calendar year. An EMPLOYEE may carry over up to one hundred twenty (120) hours of earned and unused vacation time to the next calendar year. The maximum vacation hours in an EMPLOYEE’s bank at any given time cannot exceed the total of the carryover amount plus the EMPLOYEE’s current annual vacation time leave accrual. Pay will not be granted in lieu of vacation. Any accrued, unused vacation not eligible for carry over will be lost. 13.3 EMPLOYEES will accrue vacation during the probationary period, but will not be eligible to use accrued vacation until completion of six (6) months of the probationary period. 13.4 EMPLOYEES may take vacation only with specific scheduled permission of the EMPLOYER. 13.5 Vacation period(s) requested for any part of a calendar year will be awarded on the basis of seniority until March 31st of each year. The CHIEF, or assigned designee, will be responsible for scheduling vacations. 13.6 Vacation will be calculated on the basis of actual length of time of the assigned shift. EMPLOYEES using accrued vacation or sick leave will be considered working for the purpose of accumulating additional vacation leave. 13.7 EMPLOYEES voluntarily leaving the service of the EMPLOYER will be compensated for vacation leave accrued and unused. 13.8 The estate of an EMPLOYEE who dies while employed by the EMPLOYER will be compensated for vacation leave accrued and unused. Years of Completed Continuous Service Vacation Days Per Year Vacation Hours Per Year Vacation Hours Per Two Week Pay Period 0 < 5 years 10 days 80 hours 3.08 hours 5 < 10 years 15 days 120 hours 4.62 hours 10 < 11 years 16 days 128 hours 4.92 hours 11 < 12 years 17 days 136 hours 5.23 hours 12 < 13 years 18 days 144 hours 5.54 hours 13 < 14 years 19 days 152 hours 5.85 hours 14 < 20 years 20 days 160 hours 6.15 hours 20+ years 25 days 200 hours 7.70 hours 11 ARTICLE 14. SICK LEAVE 14.1 A full-time EMPLOYEE hired prior to January 1, 2012 will earn sick leave at the rate of eight (8) hours per calendar month worked fulltime, until the EMPLOYEE has accumulated seven hundred twenty (720) hours maximum accumulation. Amounts accumulated in excess of seven-hundred twenty (720) hours may be accrued for purposes of payment as specified in Article 14.6. 14.2 Sick leave will be used only when the EMPLOYEE is unable to work during his/her scheduled worktimes under any of the following conditions below: a. When the EMPLOYEE is unable to perform work duties due to the EMPLOYEE’s own illness or disability (including pregnancy). b. For medical, dental or other care provider appointments. c. When the EMPLOYEE has been exposed to a contagious disease of such a nature that his/her presence at the work place could endanger the health of others. d. To care for the EMPLOYEE’s injured or ill children, including, stepchildren, adopted or foster children, adult child, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, for such reasonable periods as the employee’s attendance may be necessary. e. To take children, or other family members to a medical, dental, or other care provider appointment. f. The EMPLOYEE may use up to 160 hours of sick leave in a calendar year for absences due to an illness of or injury to the employee’s adult child, spouse, domestic partner, domestic partner, sibling, parent, grandparent, stepparent, parent-in-laws (mothers-in-law and fathers-in-law) and grandchildren (includes step-grandchildren, biological, adopted or foster grandchildren). g. The EMPLOYEE is authorized to use sick leave as safety leave for reasonable absences for the EMPLOYEE or the EMPLOYEE’s relatives (employee’s adult child, spouse, sibling, parent, mother-in-law, father-in- law, grandchild, grandparent, or stepparent) who are providing or receiving assistance because they, or a relative, is a victim of sexual assault, domestic abuse, or stalking. Safety leave for those listed, other than the EMPLOYEE and the EMPLOYEE’s child, is limited to 160 hours in a calendar year. 14.3 To be eligible for paid sick leave, an EMPLOYEE will notify the Department two (2) hours prior to the starting time of the scheduled shift. Such notice may be waived by the Chief of the EMPLOYEE could not reasonably be expected to comply due to the circumstances of illness or injury. If the EMPLOYEE is absent three (3) consecutive working days or longer, or if the EMPLOYER has reasonable cause to believe that sick leave benefits are not available under this provision, the Chief may request and the EMPLOYEE must provide the statement of a doctor to verify that there is a condition, illness, injury, or circumstance for which benefits are available under this contract which prevents the EMPLOYEE from working. 12 14.4 An EMPLOYEE voluntarily leaving employment, after giving the EMPLOYER proper written notice of termination of employment, who has been employed for four (4) or more years of continuous full-time police service with the EMPLOYER, will be paid for one third (1/3) of his/her accumulated sick leave hours at his/her base rate of pay. 14.5 An EMPLOYEE hired prior to January 1, 2012 voluntarily leaving employment with 20 or more years of service with the EMPLOYER, after giving the EMPLOYER proper written notice of termination of employment will have the following options in regard to accrued sick leave below the seven hundred twenty (720) hour cap: A. Receive payment from the EMPLOYER for one half (½) of all accrued and unused sick leave at his/her base rate of pay; or B. Place an amount equal to any accrued sick leave into the retirement health insurance fund as outlined in Article 14.6. EMPLOYEES choosing to participate in the retirement health insurance program, without exigent circumstances, must provide the EMPLOYER with (90) days advance notice of termination to receive this benefit. 14.6 An EMPLOYEE hired prior to January 1, 2012 may accumulate seven hundred twenty (720) hours of sick leave. For sick leave accumulated in excess of seven hundred twenty (720) hours, the EMPLOYEE will have the following options: A. Bank the hours in a fund established by the EMPLOYER for the purpose of retirement health insurance premiums. All hours placed into the fund will be credited at 100%, and converted to a monetary value by using the EMPLOYEE’s base rate of pay for the year of retirement; or B. Receive payment from the EMPLOYER of the accrued hours at one third (1/3) his/her base rate of pay at the end of the calendar year. 14.7 EMPLOYEES beginning employment with the Medina Police Department after January 1, 2012 will earn sick leave at the rate of eight (8) hours per calendar month worked fulltime and shall not bank sick leave over nine hundred sixty (960) hours. An EMPLOYEE leaving voluntarily, with four or more years of service with the city after giving the City fourteen (14) calendar days advance written notice of termination of employment will be paid one third (1/3) at his/her base rate of pay for his/her accumulated and unused sick leave hours. An EMPLOYEE leaving employment voluntarily with twenty (20) or more years of service with the City will have one of the two following options in regard to accrued sick leave: A. After giving the City at least fourteen (14) calendar days’ advance written notice of termination of employment, receive payment from the City for 50% of accrued 13 and unused sick leave at the EMPLOYEE’s base rate of pay at the time of termination; or B. After giving the City at least fourteen (14) calendar days’ advance written notice of termination of employment, place an amount equal to 50% of accrued and unused sick leave at the EMPLOYEE’s base rate of pay at the time of termination into a fund established by the EMPLOYER for the purpose of retirement health insurance premiums. ARTICLE 15. INJURY-ON-DUTY LEAVE 15.1 An EMPLOYEE who is unable to work due to a job-related injury or sickness and who qualifies for Workers' Compensation will be eligible for INJURY-ON-DUTY LEAVE. The EMPLOYER will compensate the EMPLOYEE's full normal salary for the initial waiting period set forth in Minn. Stat. § 176.121. Such compensation by the EMPLOYER will not be deducted from any of the EMPLOYEE's accumulated benefits. In the event Worker's Compensation subsequently provides payment for this waiting period, such payment will be reimbursed to the EMPLOYER in order to avoid double payment to the EMPLOYEE. 15.2 In addition to the provisions Set forth in Article 15.1, an EMPLOYEE found eligible for INJURY-ON-DUTY LEAVE will receive supplementary payments from the EMPLOYER equal to the difference between the total amount of all other EMPLOYER injury related benefits (i.e., Worker's Compensation, pension disability benefits) and the EMPLOYEE's normal net rate of pay (i.e., pension disability benefits) and the EMPLOYEE's normal net rate of pay (i.e., after subtraction of Federal and State tax withholding and retirement contributions) for a maximum of ninety (90) consecutive calendar days. Such supplementary payments will not be charged against the EMPLOYEE's accrued sick leave. Thereafter, an EMPLOYEE may elect to be paid such supplementary payments (as defined above) for a benefit not to exceed the EMPLOYEE's maximum hours of accrued vacation and sick leave. 15.3 INJURY-ON-DUTY LEAVE will extend for a maximum of ninety (90) consecutive calendar days following the date of Worker's Compensation eligibility, plus the period of any accrued vacation and sick leave during which the EMPLOYEE elects to be paid supplementary payments as provided in Article 15.2. The EMPLOYER may require the injured EMPLOYEE to be examined by a physician selected by the EMPLOYER in order to determine whether the EMPLOYEE is able to return to work pursuant to the provisions of Article 15.4. 15.4 An EMPLOYEE who elects to supplement INJURY-ON-DUTY payments with accrued sick and vacation leave will continue to accrue benefits until sick and vacation leave are exhausted. Once sick and vacation leave are exhausted, or if the EMPLOYEE has elected not to supplement payments under this Article with accrued sick and vacation leave, no benefits will accrue to an EMPLOYEE when on INJURY-ON-DUTY LEAVE except that the EMPLOYER will continue to contribute to the medical insurance premiums of the EMPLOYEE to the same extent as if the EMPLOYEE was not on INJURY-ON- 14 DUTY LEAVE. ARTICLE 16. DISABILITY LEAVE 16.1 Disability is defined as the inability of an EMPLOYEE to perform substantially all the duties of his/her position. An EMPLOYEE will be entitled to a leave of absence without pay for up to one year if s/he is disabled as a result of a non-work related injury, illness, or disability. The EMPLOYEE must request leave in advance, except in an emergency. The leave will be granted by the EMPLOYER, upon recommendation of the Police Chief. Where leave of absence without pay is granted for disability of any nature, an EMPLOYEE's accrued, unused sick leave must be exhausted prior to requesting and being granted the period of leave of absence. The EMPLOYER may require the opinion of the EMPLOYEE's doctor that the EMPLOYEE is disabled, and may require the EMPLOYEE to be examined by a doctor selected by the EMPLOYER in order to verify the disability. At the end of the leave of absence period, the EMPLOYEE, if able to return to work, will be reinstated to h/h original job, status, and pay, without loss of seniority. The EMPLOYER may require medical certification stating that the EMPLOYEE is to be examined by a doctor selected by the EMPLOYER in order to verify that the EMPLOYEE is fully able to return to work. No benefits will accrue to any EMPLOYEE when on disability leave of absence without pay, except that the City will Continue to contribute to the medical insurance premiums of the EMPLOYEE to the same extent as if the EMPLOYEE was not on disability leave. ARTICLE 17. FUNERAL LEAVE 17.1 Paid funeral leave will be granted, if requested, to all full-time employees for a maximum of five (5) days for death of an employee's spouse, child, father, or mother, and for three (3) days for the death of a brother, sister, grandparent, grandchild, current spouse's mother or father, grandparents of current spouse, siblings of current spouse, spouses of employee siblings, son-in-law, daughter-in-law, step-parent, step-children, step- grandparents, step-grandchildren, step-sister, step-brother, niece, nephew, aunt, uncle, or legal guardian. 17.2 Additional days of funeral leave may be requested to and approved by the City Administrator, taken as needed and charged to accrued sick leave. If sick time is not available, the time may be taken from accrued vacation leave, or as unpaid time, all of which must be approved by the City Administrator. 17.3 Full-time employees may also request up to two (2) days of accrued sick leave for the death of non-immediate related family members (related by blood or marriage) or death of a non-related person. If sick leave is not available, the time may be taken from accrued vacation leave or as unpaid time, all of which must be approved by the City Administrator. 17.4 Notwithstanding the use of time above, full-time and part-time EMPLOYEES may 15 request to use accrued vacation time as funeral leave, which must be approved by the City Administrator. ARTICLE 18. INSURANCE 18.1 The EMPLOYER will contribute 100% of the health insurance premium for full-time employees electing single coverage on any plan. The EMPLOYER will contribute 100% of the health insurance premium up to $1,753.00 per month for family coverage premiums for full-time EMPLOYEES. Any premium in excess of $1,753.00 per month will be split, with the EMPLOYEE paying 50% of the excess until the EMPLOYEE has paid 25% of the total monthly premium for family coverage. Once the EMPLOYEE’S contribution to the family coverage insurance premium reaches the 25 percent level, future premium increases or decreases will be shared between the EMPLOYEE/EMPLOYER at the rate of a 25/75 split. The EMPLOYER will contribute $3,000 toward the EMPLOYEE’S HRA or HSA account. The EMPLOYER will contribute 100% of the premium for full-time employees electing single dental coverage. The EMPLOYER will contribute no less than $122.95 per month for full-time EMPLOYEES selecting family dental coverage. 18.2 The EMPLOYER will provide a life insurance policy for each full-time EMPLOYEE with coverage of $50,000. The full cost of the premium will be paid by the EMPLOYER. 18.3 An EMPLOYEE will have the option to convert accrued sick time to pay the premium for Long Term Disability. The tax on the premium will continue to be taken from the EMPLOYEE's paycheck in order to satisfy the IRS requirements. 18.4 In the event the health insurance provisions of this Agreement fail at any time to meet the requirements of applicable law and its related regulations or cause the EMPLOYER to be subject to a penalty, fine or additional tax liability, LELS and the EMPLOYER will meet promptly to negotiate alternative provisions in good faith. ARTICLE 19. HEALTH CLUB MEMBERSHIP 19.1 An EMPLOYEE will receive up to twenty-five ($25.00) per month toward a health club membership, which will be reimbursed at the end of the year. 16 ARTICLE 20. UNIFORMS 20. 1 The EMPLOYER will provide full-time EMPLOYEES with an annual uniform and safety equipment allowance pursuant to the department policies in the amount of nine hundred dollars ($900). 20.2 The uniform allowance will be paid on a voucher system. The investigator(s) and the drug taskforce member will have the choice to take their uniform allowance in a form of a check at the beginning of the year. This will be a taxed item to comply with the IRS regulations. 20.3 EMPLOYEES may utilize up to one hundred dollars ($100.00) of their clothing allowance per year for the purpose of dry cleaning the EMPLOYER-authorized work uniform. ARTICLE 21. WAGES 21.1 EMPLOYEES will be paid in accordance with the wage schedule attached to this AGREEMENT entitled: APPENDIX “A”. APPENDIX “A” will be considered part of this AGREEMENT. In 2022 and 2023 EMPLOYEES will receive a 3.5% COLA increase on January 1st as reflected in the wage schedule in APPENDIX A. If other City employees’ COLA wages are increased more than the percentages shown above in each respective year, APPENDIX A will be increased by the same percentage. ARTICLE 22. OVERTIME 22. 1 EMPLOYEES specifically directed by the EMPLOYER to work in excess of the EMPLOYEE's scheduled shift will be paid at a rate of one and one half (1 ½) times the EMPLOYEE's base rate of pay. 22.2 EMPLOYEES, who at the direction of the EMPLOYER, are scheduled to work more than 2,080 hours in a calendar year will be paid at a rate of one and one-half (1 ½ ) times the EMPLOYEE's base rate of pay. 22.3 EMPLOYEES may switch shifts with other EMPLOYEES with prior approval of the Chief. Shift switching does not qualify an EMPLOYEE for overtime. 22.4 Overtime will be distributed as equally as practicable. 22.5 Overtime refused by EMPLOYEES will be for record purposes under Article 22.4 considered as unpaid overtime worked. 22.6 For the purpose of computing overtime compensation, overtime hours worked will not be pyramided, compounded, or paid twice for the same hours worked. 17 22.7 Overtime will be calculated to the nearest fifteen (15) minutes. 22.8 EMPLOYEES have the obligation to work overtime or call-backs if requested by the EMPLOYER unless unusual circumstances prevent the EMPLOYEE from so working. ARTICLE 23. COURT TIME 23.1 EMPLOYEES who are required to appear in Court during their scheduled off-duty time will receive a minimum of three (3) hour's pay at one and one-half (1 ½) times the EMPLOYEE’s base pay rate. An extension or early report to a regularly-scheduled shift for Court appearance does not qualify the EMPLOYEE for the three (3) hours minimum. ARTICLE 24. STANDBY 24. 1 EMPLOYEES required by the EMPLOYER to standby will be paid for such standby time at the rate of one (1) hour' s pay for each hour on standby. ARTICLE 25. CALL BACK TIME 25. 1 EMPLOYEES who are called to duty during their scheduled off-duty time will receive a minimum of two (2) hour's pay at one and one-half (1 ½) times the EMPLOYEE's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the EMPLOYEE for the two (2) hour's minimum. ARTICLE 26. COMPENSATORY TIME 26.1 In lieu of payment for overtime, holiday leave, call back, court time, or standby time, and with the prior approval of the Chief, EMPLOYEES may elect to take compensatory time, at the applicable rate. 26.2 Compensatory time earned must be taken by the EMPLOYEE as soon as practicable. EMPLOYEES will request compensatory time off and the EMPLOYER will permit EMPLOYEES to use such time off within a reasonable period after the EMPLOYEE makes the request provided such use does not unduly disrupt the operations of the Police Department. Requests for compensatory time off will only be denied when to grant the request would impose an unreasonable burden on the Police Department's ability to provide services of acceptable quality and quantity for the public during the time requested without the use of the EMPLOYEE's services. 26.3 EMPLOYEES who accumulate more than eighty (80) hours of compensatory time in the “bank” of compensatory time will be paid in cash for any time in excess of eighty (80) hours. 18 ARTICLE 27. P.O.S.T. LICENSE FEE AND TRAINING 27.1 The EMPLOYER shall afford paid time for employees to obtain the Police Officer Standards Training (P.O.S.T.) annually. The EMPLOYER shall pay for training each year, including license fees, tuition, and meals. Meals will be paid up to fifteen dollars ($15.00) for a single training day and up to thirty-five dollars ($35.00) a day if required to stay overnight. ARTICLE 28. EDUCATION REIMBURSEMENT 28.1 The EMPLOYER shall pay EMPLOYEE reimbursement of approved continued education per the City’s Personnel Policies Section 5.80 Continuing Education Program. ARTICLE 29. RESIGNATION 29.1 Any EMPLOYEE wishing to leave municipal service in good standing will file with the supervisor, at least fourteen (14) days before leaving, a written resignation stating the effective date of the resignation. Failure to comply with this procedure may be considered cause for denying terminal leave benefits. Unauthorized absence from work for a period of three (3) consecutive working days may be considered by the supervisor as a resignation without such benefits. ARTICLE 30. PART-TIME EMPLOYEES 30.1 Part-time EMPLOYEES will receive the same benefits as other part-time City EMPLOYEES as set forth in the City's Personnel Policy. Part-time EMPLOYEES are not eligible for one and one-half (1 ½) times normal pay for holidays worked as set forth in Article 12.4. 30.2 Part-time EMPLOYEES will be compensated at wage rates set forth for part-time EMPLOYEES in the Appendix "A." attached to this AGREEMENT. ARTICLE 31. WAIVER 31.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment to the extent inconsistent with the provision of this AGREEMENT, are hereby superseded. 31.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and LELS each voluntarily and unqualifiedly waives the right to meet and negotiate regarding 19 any and all terms and conditions of employment referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 32. DURATION 32.1 This AGREEMENT will be effective as of January 1, 2022, and will remain in full force and effect until the 31st day of December, 2023. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT indicated below. FOR THE CITY OF MEDINA: LAW ENFORCEMENT LABOR SERVICES, INC. ______________________________ ______________________________ DATE: _______________________ DATE: _______________________ ______________________________ ______________________________ DATE: ________________________ DATE: _______________________ 20 APPENDIX A Al. WAGES EFFECTIVE 1-1-2022 HOURLY RATE: STEP 1 - Start $30.92 STEP 2 - After 1 Year of Continuous Service $34.30 STEP 3 - After 2 Years of Continuous Service $37.65 STEP 4 - After 3 Years of Continuous Service $41.07 EFFECTIVE 1-1-2023 HOURLY RATE: STEP 1 - Start $32.00 STEP 2 - After 1 Year of Continuous Service $35.50 STEP 3 - After 2 Years of Continuous Service $38.97 STEP 4 - After 3 Years of Continuous Service $42.51 A2. Part-time EMPLOYEES will be compensated at a wage rate equal to or greater than Step 1 above. A3. Nothing in Appendix "A" will constrain the EMPLOYER from hiring an EMPLOYEE at any step in the wage schedule. A4. The EMPLOYER will pay Investigators/Drug Task Force Officers an additional two hundred and fifty ($250.00) per month (or give eight hours of compensatory time for every week on call) for officers assigned to these positions. A5. The EMPLOYER will reimburse all full-time EMPLOYEES for travel and meals in accordance with the City’s Travel Policy Section 99.20. A6. The EMPLOYER will pay a designated Field Training Officer (FTO) at a rate of $1.50 per hour in addition to the FTO’s base wage for hours worked as an FTO. LABOR AGREEMENT BETWEEN LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL #36) AND THE CITY OF MEDINA JANUARY 1, 20221 THROUGH DECEMBER 31, 20231 2 TABLE OF CONTENTS ARTICLE 1. PURPOSE OF AGREEMENT ..........................................................................................................................3 ARTICLE 2. RECOGNITION ................................................................................................................................................3 ARTICLE 3. DEFINITIONS ..................................................................................................................................................3 ARTICLE 4. EMPLOYER SECURITY .................................................................................................................................4 ARTICLE 5. EMPLOYER AUTHORITY .............................................................................................................................4 ARTICLE 6. UNION SECURITY ..........................................................................................................................................4 ARTICLE 7. GRIEVANCE PROCEDURE ...........................................................................................................................5 ARTICLE 8. SAVINGS CLAUSE .........................................................................................................................................7 ARTICLE 9. SENIORITY ......................................................................................................................................................7 ARTICLE 10. DISCIPLINE ...................................................................................................................................................8 ARTICLE 11. WORK SCHEDULE .......................................................................................................................................8 ARTICLE 12. HOLIDAY LEAVE .........................................................................................................................................9 ARTICLE 13. VACATION .................................................................................................................................................. 10 ARTICLE 14. SICK LEAVE ................................................................................................................................................ 11 ARTICLE 15. INJURY-ON-DUTY LEAVE ....................................................................................................................... 13 ARTICLE 16. DISABILITY LEAVE ................................................................................................................................... 14 ARTICLE 17. FUNERAL LEAVE ....................................................................................................................................... 14 ARTICLE 18. INSURANCE ................................................................................................................................................ 15 ARTICLE 19. HEALTH CLUB MEMBERSHIP ................................................................................................................. 15 ARTICLE 20. UNIFORMS .................................................................................................................................................. 16 ARTICLE 21. WAGES ......................................................................................................................................................... 16 ARTICLE 22. OVERTIME .................................................................................................................................................. 16 ARTICLE 23. COURT TIME ............................................................................................................................................... 17 ARTICLE 24. STANDBY .................................................................................................................................................... 17 ARTICLE 25. CALL BACK TIME ...................................................................................................................................... 17 ARTICLE 26. COMPENSATORY TIME ............................................................................................................................ 17 ARTICLE 27. P.O.S.T. LICENSE FEE AND TRAINING .................................................................................................. 18 ARTICLE 28. EDUCATION REIMBURSEMENT ............................................................................................................. 18 ARTICLE 29. RESIGNATION ............................................................................................................................................ 18 ARTICLE 30. PART-TIME EMPLOYEES ......................................................................................................................... 18 ARTICLE 31. WAIVER ....................................................................................................................................................... 18 ARTICLE 32. DURATION .................................................................................................................................................. 19 APPENDIX A - WAGES ...................................................................................................................................................... 20 3 ARTICLE 1. PURPOSE OF AGREEMENT 1.1 This AGREEMENT is entered into between the CITY OF MEDINA, hereinafter called the EMPLOYER, and LAW ENFORCEMENT LABOR SERVICES, INC. (Local #36), hereinafter called LELS. It is the intent and purpose of this AGREEMENT to: 1.1.1. Establish procedures for the resolution of disputes concerning this AGREEMENT's interpretation and/or application; and 1.1.2. Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE 2. RECOGNITION 2.1 The EMPLOYER recognizes LELS as the exclusive representative for the following appropriate unit: All sworn law enforcement officers of the City of Medina Police Department whose employment service qualifies them as "public employees" under Minn. Statute. § 179A.03, subd. 14, excluding confidential, supervisory, and all other employees, but excluding any sworn law enforcement officers who are not members of LELS. 2.2 In the event the EMPLOYER and LELS are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue will be submitted to the Bureau of Mediation Services for determination. ARTICLE 3. DEFINITIONS 3.1 LELS: Law Enforcement Labor Services, Inc. (Local #36). 3.2 LELS MEMBER: A member of Law Enforcement Labor Services, Inc. (Local #36). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The CITY OF MEDINA POLICE DEPARTMENT. 3.5 EMPLOYER: The CITY OF MEDINA. 3.6 CHIEF: The CHIEF OF POLICE of the MEDINA POLICE DEPARTMENT. 3.7 LELS OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Inc., (Local #36). 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess 4 of the EMPLOYEE's scheduled shift. 3.9 REST BREAKS: Periods during the scheduled shift during which the EMPLOYEE remains on continual duty and is responsible for assigned duties. 3.10 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the EMPLOYEE remains on continual duty and is responsible for assigned duties. 3.11 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.12 PROBATIONARY PERIOD: A period of one (1) year from the date of employment or promotion. 3.13 "WILL": The use of the word "will" in this agreement has the same meaning and legal interpretation as the word "shall". ARTICLE 4. EMPLOYER SECURITY 4.1 LELS agrees that during the life of this AGREEMENT, LELS will not cause, encourage, participate in or support any strike, slow-down, or other interruption of or interference with the normal function of the EMPLOYER. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, equipment and uniforms; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT will remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE 6. UNION SECURITY 6.1 The EMPLOYER will deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly LELS dues. Such monies will be remitted as directed by LELS. 6.2 LELS agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result 5 of any action taken or not taken by the EMPLOYER under the provisions of 6.1. 6.3 LELS may designate EMPLOYEES from the bargaining unit to act as a Steward and an alternate and will inform the EMPLOYER in writing of such choice and changes in the position of Steward and/or alternate. 6.4 The EMPLOYER will make space available on the EMPLOYER bulletin board for posting LELS notice(s) and announcements. ARTICLE 7. GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION REPRESENTATIVE. The EMPLOYER will recognize representatives designated by LELS as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. LELS will notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated as provided by 6.3 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE. The processing of grievances is limited by the job duties and responsibilities of the EMPLOYEES and will therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and LELS representative will be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the LELS Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 PROCEDURE. Grievances, as defined by Article 7.1, will be resolved in conformance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT will, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Chief. The Chief will discuss and give an answer to such Step 1 grievance in writing within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 will be placed in writing by the EMPLOYEE or LELS setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly 6 violated, the remedy requested, and will be appealed to Step 2 within ten (10) calendar days after the Chief’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by LELS within ten (10) calendar days will be considered waived. Step 2. If appealed, the written grievance will be presented to and discussed with the Chief by LELS. A copy of the written grievance will also be mailed by LELS to the Employer's City Administrator. The Chief will give LELS the EMPLOYER's Step 2 answer in writing within ten (10) calendar days after receipt of such step 2 grievance, and will be appealed to Step 3 within ten (10) calendar days after receipt of the Chief’s final answer in Step 2. A grievance not resolved in Step 2 and not appealed to Step 3 within ten (10) calendar days of receipt of the Chief’s final answer in Step 2 will be considered waived. Step 3. If appealed from Step 2, the written grievance will be presented by LELS and discussed with the Medina City Council. The Medina City Council will give LELS the EMPLOYER's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following receipt of the Medina City Council's final answer in Step 3. Any grievance not appealed in writing to Step 3A by LELS within ten (10) calendar days of receipt of the Medina City Council’s final answer in Step 3 will be considered waived. Step 3A. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves time lines for Step 4 of the grievance procedure and either party may, within ten (10) calendar days after completion of such mediation, submit the grievance to arbitration pursuant to Step 4 below. Step 4. A grievance unresolved in Step 3 or Step 3A and appealed to Step 4 by LELS will be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator will be made in accordance with the "Rules Governing the Arbitration of Grievances," as established by the Bureau of Mediation Services. 7.5 ARBITRATOR'S AUTHORITY. 7.5.1 The arbitrator will have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator will consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and LELS, and will have no authority to make a decision on any issue not so submitted. The arbitrator will be without power to make decisions contrary to, or inconsistent with, or modifying, or varying in any way the 7 application of laws, rules, or regulations having the force and effect of law. The decision will be binding on both the EMPLOYER and LELS and will be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. 7.5.2 The arbitrator's decision will be submitted to the parties in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. 7.5.3 The fees and expenses of the arbitrator's services and proceedings will be borne equally by the EMPLOYER and LELS provided that each party will be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made provided the requesting party pays for the record and provide a copy of the record to the other party without cost. If both parties desire a verbatim record of the proceedings, the cost will be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set forth in Article 7 above, it will be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof it will be considered settled on the basis of the EMPLOYER's last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, LELS may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and LELS in each step. ARTICLE 8. SAVINGS CLAUSE 8.1 This AGREEMENT is subject to applicable Federal and State Law. In the event any provision of this AGREEMENT will be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions will be voided. All other provisions of this AGREEMENT will continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 9. SENIORITY 9.1 Seniority will be determined by the EMPLOYEE's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be determined by the CHIEF on the basis of time in grade and time within specific classifications. 9.2 All newly-hired, re-hired, and promoted EMPLOYEES will serve a twelve 12 month 8 probationary period. During the probationary period, a newly-hired or re-hired EMPLOYEE may be discharged, with or without cause, at the sole discretion of the EMPLOYER. During the probationary period, a promoted or reassigned EMPLOYEE may, at the EMPLOYEE's discretion, seek reinstatement to their previous position. The EMPLOYER may, during the probationary period, place a promoted or reassigned EMPLOYEE in their previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Written notification of lay-off will be by mail (certified/return-receipt requested) or personal delivery no less than two (2) calendar weeks before lay-off is to take effect. EMPLOYEES will have the right to be recalled in the reverse order of lay-off for two consecutive years after lay-off (meaning that the EMPLOYEE with the most seniority will be recalled first). An EMPLOYEE on layoff will have an opportunity to return to work within two years of the time of the lay-off before any new employee is hired. EMPLOYEES on lay-off notified by mail (certified/return-receipt requested) or personal delivery to return to work or given an opportunity to return to work must return within two (2) calendar weeks after notification and if the EMPLOYEE does not return to work, the EMPLOYEE will forfeit all recall rights, unless otherwise agreed to by the parties under the circumstances. EMPLOYEES must be licensed or eligible to be licensed at the time of recall or forfeit any and all rights to return to work. The EMPLOYER will provide an updated list of available classes to laid-off EMPLOYEES upon request. 9.4 Seniority will be the determining criterion for promotion and transfer when all job-related qualifications of EMPLOYEES are equal. ARTICLE 10. DISCIPLINE 10.1 The EMPLOYER will discipline non-probationary EMPLOYEES for just cause only. Discipline will be in one or more of the following forms: a. Oral Reprimand; or b. Written Reprimand; or c. Suspension; or d. Demotion; or e. Discharge. 10.2 Suspensions, demotions, and discharges will be in written form and grievances involving such discipline will be initiated in Step 3 of the grievance procedure. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an EMPLOYEE's personnel file will be read and acknowledged by signature of the EMPLOYEE. EMPLOYEES and LELS will receive a copy of such reprimands and/or notices. 10.4 EMPLOYEES may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 9 ARTICLE 11. WORK SCHEDULE 11.1 The normal work year will be two-thousand eighty (2,080) hours to be accounted for by each EMPLOYEE through: a. Hours worked on assigned shifts; b. Holidays (as defined in Section 12.1 below); c. Training assigned by the EMPLOYER; d. Authorized leave time. 11.2 Nothing contained in this or any other Article will be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign EMPLOYEES. ARTICLE 12. HOLIDAY LEAVE 12.1 Full-time EMPLOYEES will receive ninety-six (96) hours compensatory holiday hours in the normal work year. Holidays include: New Year's Day Columbus Day Martin Luther King Day Veterans Day Presidents' Day Thanksgiving Memorial Day Friday after Thanksgiving Independence Day Christmas Labor Day One (1) personal holiday 12.2 EMPLOYEES will take holiday time at their request, upon mutual consent of the EMPLOYEE and the EMPLOYER; which consent shall not be unreasonably withheld. 12.3 Compensatory time under Article 12 will be governed by the compensatory time provisions of this Agreement. See Article 26. 12.4 If EMPLOYEES work any of the following eleven (11) holidays at the direction of the EMPLOYER, they will be paid at one and one-half (l ½ ) times their normal rate of pay for those hours worked: New Year's Day Columbus Day Martin Luther King Day Veterans Day Presidents' Day Thanksgiving Memorial Day Friday after Thanksgiving Independence Day Christmas Labor Day 12.5 Overtime hours worked on any of the Holidays listed in 12.4, will be paid at two times the EMPLOYEE’s normal rate of pay. 10 ARTICLE 13. VACATION 13.1 Full-time EMPLOYEES will accrue vacation at the following rate for years of completed continuous service: 13.2 Vacation time may be used at any time after accrual during the year in which the vacation time was earned and at any time before the end of the following calendar year. An EMPLOYEE may carry over up to one hundred twenty (120) hours of earned and unused vacation time to the next calendar year. The maximum vacation hours in an EMPLOYEE’s bank at any given time cannot exceed the total of the carryover amount plus the EMPLOYEE’s current annual vacation time leave accrual. Pay will not be granted in lieu of vacation. Any accrued, unused vacation not eligible for carry over will be lost. 13.3 EMPLOYEES will accrue vacation during the probationary period, but will not be eligible to use accrued vacation until completion of six (6) months of the probationary period. 13.4 EMPLOYEES may take vacation only with specific scheduled permission of the EMPLOYER. 13.5 Vacation period(s) requested for any part of a calendar year will be awarded on the basis of seniority until March 31st of each year. The CHIEF, or assigned designee, will be responsible for scheduling vacations. 13.6 Vacation will be calculated on the basis of actual length of time of the assigned shift. EMPLOYEES using accrued vacation or sick leave will be considered working for the purpose of accumulating additional vacation leave. 13.7 EMPLOYEES voluntarily leaving the service of the EMPLOYER will be compensated for vacation leave accrued and unused. 13.8 The estate of an EMPLOYEE who dies while employed by the EMPLOYER will be compensated for vacation leave accrued and unused. Years of Completed Continuous Service Vacation Days Per Year Vacation Hours Per Year Vacation Hours Per Two Week Pay Period 0 < 5 years 10 days 80 hours 3.08 hours 5 < 10 years 15 days 120 hours 4.62 hours 10 < 11 years 16 days 128 hours 4.92 hours 11 < 12 years 17 days 136 hours 5.23 hours 12 < 13 years 18 days 144 hours 5.54 hours 13 < 14 years 19 days 152 hours 5.85 hours 14 < 20 years 20 days 160 hours 6.15 hours 20+ years 25 days 200 hours 7.70 hours 11 ARTICLE 14. SICK LEAVE 14.1 A full-time EMPLOYEE hired prior to January 1, 2012 will earn sick leave at the rate of eight (8) hours per calendar month worked fulltime, until the EMPLOYEE has accumulated seven hundred twenty (720) hours maximum accumulation. Amounts accumulated in excess of seven-hundred twenty (720) hours may be accrued for purposes of payment as specified in Article 14.6. 14.2 Sick leave will be used only when the EMPLOYEE is unable to work during his/her scheduled worktimes under any of the following conditions below: a. When the EMPLOYEE is unable to perform work duties due to the EMPLOYEE’s own illness or disability (including pregnancy). b. For medical, dental or other care provider appointments. c. When the EMPLOYEE has been exposed to a contagious disease of such a nature that his/her presence at the work place could endanger the health of others. d. To care for the EMPLOYEE’s injured or ill children, including, stepchildren, adopted or foster children, adult child, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, for such reasonable periods as the employee’s attendance may be necessary. e. To take children, or other family members to a medical, dental, or other care provider appointment. f. The EMPLOYEE may use up to 160 hours of sick leave in a calendar year for absences due to an illness of or injury to the employee’s adult child, spouse, domestic partner, domestic partner, sibling, parent, grandparent, stepparent, parent-in-laws (mothers-in-law and fathers-in-law) and grandchildren (includes step-grandchildren, biological, adopted or foster grandchildren). g. The EMPLOYEE is authorized to use sick leave as safety leave for reasonable absences for the EMPLOYEE or the EMPLOYEE’s relatives (employee’s adult child, spouse, sibling, parent, mother-in-law, father-in- law, grandchild, grandparent, or stepparent) who are providing or receiving assistance because they, or a relative, is a victim of sexual assault, domestic abuse, or stalking. Safety leave for those listed, other than the EMPLOYEE and the EMPLOYEE’s child, is limited to 160 hours in a calendar year. 14.3 To be eligible for paid sick leave, an EMPLOYEE will notify the Department two (2) hours prior to the starting time of the scheduled shift. Such notice may be waived by the Chief of the EMPLOYEE could not reasonably be expected to comply due to the circumstances of illness or injury. If the EMPLOYEE is absent three (3) consecutive working days or longer, or if the EMPLOYER has reasonable cause to believe that sick leave benefits are not available under this provision, the Chief may request and the EMPLOYEE must provide the statement of a doctor to verify that there is a condition, illness, injury, or circumstance for which benefits are available under this contract which prevents the EMPLOYEE from working. 12 14.4 An EMPLOYEE voluntarily leaving employment, after giving the EMPLOYER proper written notice of termination of employment, who has been employed for four (4) or more years of continuous full-time police service with the EMPLOYER, will be paid for one third (1/3) of his/her accumulated sick leave hours at his/her base rate of pay. 14.5 An EMPLOYEE hired prior to January 1, 2012 voluntarily leaving employment with 20 or more years of service with the EMPLOYER, after giving the EMPLOYER proper written notice of termination of employment will have the following options in regard to accrued sick leave below the seven hundred twenty (720) hour cap: A. Receive payment from the EMPLOYER for one half (½) of all accrued and unused sick leave at his/her base rate of pay; or B. Place an amount equal to any accrued sick leave into the retirement health insurance fund as outlined in Article 14.6. EMPLOYEES choosing to participate in the retirement health insurance program, without exigent circumstances, must provide the EMPLOYER with (90) days advance notice of termination to receive this benefit. 14.6 An EMPLOYEE hired prior to January 1, 2012 may accumulate seven hundred twenty (720) hours of sick leave. For sick leave accumulated in excess of seven hundred twenty (720) hours, the EMPLOYEE will have the following options: A. Bank the hours in a fund established by the EMPLOYER for the purpose of retirement health insurance premiums. All hours placed into the fund will be credited at 100%, and converted to a monetary value by using the EMPLOYEE’s base rate of pay for the year of retirement; or B. Receive payment from the EMPLOYER of the accrued hours at one third (1/3) his/her base rate of pay at the end of the calendar year. 14.7 EMPLOYEES beginning employment with the Medina Police Department after January 1, 2012 will earn sick leave at the rate of eight (8) hours per calendar month worked fulltime and shall not bank sick leave over nine hundred sixty (960) hours. An EMPLOYEE leaving voluntarily, with four or more years of service with the city after giving the City fourteen (14) calendar days advance written notice of termination of employment will be paid one third (1/3) at his/her base rate of pay for his/her accumulated and unused sick leave hours. An EMPLOYEE leaving employment voluntarily with twenty (20) or more years of service with the City will have one of the two following options in regard to accrued sick leave: A. After giving the City at least fourteen (14) calendar days’ advance written notice of termination of employment, receive payment from the City for 50% of accrued 13 and unused sick leave at the EMPLOYEE’s base rate of pay at the time of termination; or B. After giving the City at least fourteen (14) calendar days’ advance written notice of termination of employment, place an amount equal to 50% of accrued and unused sick leave at the EMPLOYEE’s base rate of pay at the time of termination into a fund established by the EMPLOYER for the purpose of retirement health insurance premiums. ARTICLE 15. INJURY-ON-DUTY LEAVE 15.1 An EMPLOYEE who is unable to work due to a job-related injury or sickness and who qualifies for Workers' Compensation will be eligible for INJURY-ON-DUTY LEAVE. The EMPLOYER will compensate the EMPLOYEE's full normal salary for the initial waiting period set forth in Minn. Stat. § 176.121. Such compensation by the EMPLOYER will not be deducted from any of the EMPLOYEE's accumulated benefits. In the event Worker's Compensation subsequently provides payment for this waiting period, such payment will be reimbursed to the EMPLOYER in order to avoid double payment to the EMPLOYEE. 15.2 In addition to the provisions Set forth in Article 15.1, an EMPLOYEE found eligible for INJURY-ON-DUTY LEAVE will receive supplementary payments from the EMPLOYER equal to the difference between the total amount of all other EMPLOYER injury related benefits (i.e., Worker's Compensation, pension disability benefits) and the EMPLOYEE's normal net rate of pay (i.e., pension disability benefits) and the EMPLOYEE's normal net rate of pay (i.e., after subtraction of Federal and State tax withholding and retirement contributions) for a maximum of ninety (90) consecutive calendar days. Such supplementary payments will not be charged against the EMPLOYEE's accrued sick leave. Thereafter, an EMPLOYEE may elect to be paid such supplementary payments (as defined above) for a benefit not to exceed the EMPLOYEE's maximum hours of accrued vacation and sick leave. 15.3 INJURY-ON-DUTY LEAVE will extend for a maximum of ninety (90) consecutive calendar days following the date of Worker's Compensation eligibility, plus the period of any accrued vacation and sick leave during which the EMPLOYEE elects to be paid supplementary payments as provided in Article 15.2. The EMPLOYER may require the injured EMPLOYEE to be examined by a physician selected by the EMPLOYER in order to determine whether the EMPLOYEE is able to return to work pursuant to the provisions of Article 15.4. 15.4 An EMPLOYEE who elects to supplement INJURY-ON-DUTY payments with accrued sick and vacation leave will continue to accrue benefits until sick and vacation leave are exhausted. Once sick and vacation leave are exhausted, or if the EMPLOYEE has elected not to supplement payments under this Article with accrued sick and vacation leave, no benefits will accrue to an EMPLOYEE when on INJURY-ON-DUTY LEAVE except that the EMPLOYER will continue to contribute to the medical insurance premiums of the EMPLOYEE to the same extent as if the EMPLOYEE was not on INJURY-ON- 14 DUTY LEAVE. ARTICLE 16. DISABILITY LEAVE 16.1 Disability is defined as the inability of an EMPLOYEE to perform substantially all the duties of his/her position. An EMPLOYEE will be entitled to a leave of absence without pay for up to one year if s/he is disabled as a result of a non-work related injury, illness, or disability. The EMPLOYEE must request leave in advance, except in an emergency. The leave will be granted by the EMPLOYER, upon recommendation of the Police Chief. Where leave of absence without pay is granted for disability of any nature, an EMPLOYEE's accrued, unused sick leave must be exhausted prior to requesting and being granted the period of leave of absence. The EMPLOYER may require the opinion of the EMPLOYEE's doctor that the EMPLOYEE is disabled, and may require the EMPLOYEE to be examined by a doctor selected by the EMPLOYER in order to verify the disability. At the end of the leave of absence period, the EMPLOYEE, if able to return to work, will be reinstated to h/h original job, status, and pay, without loss of seniority. The EMPLOYER may require medical certification stating that the EMPLOYEE is to be examined by a doctor selected by the EMPLOYER in order to verify that the EMPLOYEE is fully able to return to work. No benefits will accrue to any EMPLOYEE when on disability leave of absence without pay, except that the City will Continue to contribute to the medical insurance premiums of the EMPLOYEE to the same extent as if the EMPLOYEE was not on disability leave. ARTICLE 17. FUNERAL LEAVE 17.1 Paid funeral leave will be granted, if requested, to all full-time employees for a maximum of five (5) days for death of an employee's spouse, child, father, or mother, and for three (3) days for the death of a brother, sister, grandparent, grandchild, current spouse's mother or father, grandparents of current spouse, siblings of current spouse, spouses of employee siblings, son-in-law, daughter-in-law, step-parent, step-children, step- grandparents, step-grandchildren, step-sister, step-brother, niece, nephew, aunt, uncle, or legal guardian. 17.2 Additional days of funeral leave may be requested to and approved by the City Administrator, taken as needed and charged to accrued sick leave. If sick time is not available, the time may be taken from accrued vacation leave, or as unpaid time, all of which must be approved by the City Administrator. 17.3 Full-time employees may also request up to two (2) days of accrued sick leave for the death of non-immediate related family members (related by blood or marriage) or death of a non-related person. If sick leave is not available, the time may be taken from accrued vacation leave or as unpaid time, all of which must be approved by the City Administrator. 17.4 Notwithstanding the use of time above, full-time and part-time EMPLOYEES may 15 request to use accrued vacation time as funeral leave, which must be approved by the City Administrator. ARTICLE 18. INSURANCE 18.1 The EMPLOYER will contribute 100% of the health insurance premium for full-time employees electing single coverage on any plan. The EMPLOYER will contribute 100% of the health insurance premium up to $1,753.00 per month for family coverage premiums for full-time EMPLOYEES. Any premium in excess of $1,753.00 per month will be split, with the EMPLOYEE paying 50% of the excess until the EMPLOYEE has paid 25% of the total monthly premium for family coverage. Once the EMPLOYEE’S contribution to the family coverage insurance premium reaches the 25 percent level, future premium increases or decreases will be shared between the EMPLOYEE/EMPLOYER at the rate of a 25/75 split. The EMPLOYER will contribute $3,000 toward the EMPLOYEE’S HRA or HSA account. The EMPLOYER will contribute 100% of the premium for full-time employees electing single dental coverage. The EMPLOYER will contribute no less than $122.95 per month for full-time EMPLOYEES selecting family dental coverage. 18.2 The EMPLOYER will provide a life insurance policy for each full-time EMPLOYEE with coverage of $50,000. The full cost of the premium will be paid by the EMPLOYER. 18.3 An EMPLOYEE will have the option to convert accrued sick time to pay the premium for Long Term Disability. The tax on the premium will continue to be taken from the EMPLOYEE's paycheck in order to satisfy the IRS requirements. 18.4 In the event the health insurance provisions of this Agreement fail at any time to meet the requirements of applicable law and its related regulations or cause the EMPLOYER to be subject to a penalty, fine or additional tax liability, LELS and the EMPLOYER will meet promptly to negotiate alternative provisions in good faith. ARTICLE 19. HEALTH CLUB MEMBERSHIP 19.1 An EMPLOYEE will receive up to twenty-five ($25.00) per month toward a health club membership, which will be reimbursed at the end of the year. 16 ARTICLE 20. UNIFORMS 20. 1 The EMPLOYER will provide full-time EMPLOYEES with an annual uniform and safety equipment allowance pursuant to the department policies in the amount of nine hundred dollars ($900). 20.2 The uniform allowance will be paid on a voucher system. The investigator(s) and the drug taskforce member will have the choice to take their uniform allowance in a form of a check at the beginning of the year. This will be a taxed item to comply with the IRS regulations. 20.3 EMPLOYEES may utilize up to one hundred dollars ($100.00) of their clothing allowance per year for the purpose of dry cleaning the EMPLOYER-authorized work uniform. ARTICLE 21. WAGES 21.1 EMPLOYEES will be paid in accordance with the wage schedule attached to this AGREEMENT entitled: APPENDIX “A”. APPENDIX “A” will be considered part of this AGREEMENT. In 2022 and 20231 EMPLOYEES will receive a 3.51% COLA increase on January 1st and a 1% COLA increase on July 1st as reflected in the wage schedule in APPENDIX A. If other City employees’ COLA wages are increased more than the percentages shown above in each respective year, APPENDIX A will be increased by the same percentage. ARTICLE 22. OVERTIME 22. 1 EMPLOYEES specifically directed by the EMPLOYER to work in excess of the EMPLOYEE's scheduled shift will be paid at a rate of one and one half (1 ½) times the EMPLOYEE's base rate of pay. 22.2 EMPLOYEES, who at the direction of the EMPLOYER, are scheduled to work more than 2,080 hours in a calendar year will be paid at a rate of one and one-half (1 ½ ) times the EMPLOYEE's base rate of pay. 22.3 EMPLOYEES may switch shifts with other EMPLOYEES with prior approval of the Chief. Shift switching does not qualify an EMPLOYEE for overtime. 22.4 Overtime will be distributed as equally as practicable. 22.5 Overtime refused by EMPLOYEES will be for record purposes under Article 22.4 considered as unpaid overtime worked. 22.6 For the purpose of computing overtime compensation, overtime hours worked will not be pyramided, compounded, or paid twice for the same hours worked. 17 22.7 Overtime will be calculated to the nearest fifteen (15) minutes. 22.8 EMPLOYEES have the obligation to work overtime or call-backs if requested by the EMPLOYER unless unusual circumstances prevent the EMPLOYEE from so working. ARTICLE 23. COURT TIME 23.1 EMPLOYEES who are required to appear in Court during their scheduled off-duty time will receive a minimum of three (3) hour's pay at one and one-half (1 ½) times the EMPLOYEE’s base pay rate. An extension or early report to a regularly-scheduled shift for Court appearance does not qualify the EMPLOYEE for the three (3) hours minimum. ARTICLE 24. STANDBY 24. 1 EMPLOYEES required by the EMPLOYER to standby will be paid for such standby time at the rate of one (1) hour' s pay for each hour on standby. ARTICLE 25. CALL BACK TIME 25. 1 EMPLOYEES who are called to duty during their scheduled off-duty time will receive a minimum of two (2) hour's pay at one and one-half (1 ½) times the EMPLOYEE's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the EMPLOYEE for the two (2) hour's minimum. ARTICLE 26. COMPENSATORY TIME 26.1 In lieu of payment for overtime, holiday leave, call back, court time, or standby time, and with the prior approval of the Chief, EMPLOYEES may elect to take compensatory time, at the applicable rate. 26.2 Compensatory time earned must be taken by the EMPLOYEE as soon as practicable. EMPLOYEES will request compensatory time off and the EMPLOYER will permit EMPLOYEES to use such time off within a reasonable period after the EMPLOYEE makes the request provided such use does not unduly disrupt the operations of the Police Department. Requests for compensatory time off will only be denied when to grant the request would impose an unreasonable burden on the Police Department's ability to provide services of acceptable quality and quantity for the public during the time requested without the use of the EMPLOYEE's services. 26.3 EMPLOYEES who accumulate more than eighty (80) hours of compensatory time in the “bank” of compensatory time will be paid in cash for any time in excess of eighty (80) hours. 18 ARTICLE 27. P.O.S.T. LICENSE FEE AND TRAINING 27.1 The EMPLOYER shall afford paid time for employees to obtain the Police Officer Standards Training (P.O.S.T.) annually. The EMPLOYER shall pay for training each year, including license fees, tuition, and meals. Meals will be paid up to fifteen dollars ($15.00) for a single training day and up to thirty-five dollars ($35.00) a day if required to stay overnight. ARTICLE 28. EDUCATION REIMBURSEMENT 28.1 The EMPLOYER shall pay EMPLOYEE reimbursement of approved continued education per the City’s Personnel Policies Section 5.80 Continuing Education Program. ARTICLE 29. RESIGNATION 29.1 Any EMPLOYEE wishing to leave municipal service in good standing will file with the supervisor, at least fourteen (14) days before leaving, a written resignation stating the effective date of the resignation. Failure to comply with this procedure may be considered cause for denying terminal leave benefits. Unauthorized absence from work for a period of three (3) consecutive working days may be considered by the supervisor as a resignation without such benefits. ARTICLE 30. PART-TIME EMPLOYEES 30.1 Part-time EMPLOYEES will receive the same benefits as other part-time City EMPLOYEES as set forth in the City's Personnel Policy. Part-time EMPLOYEES are not eligible for one and one-half (1 ½) times normal pay for holidays worked as set forth in Article 12.4. 30.2 Part-time EMPLOYEES will be compensated at wage rates set forth for part-time EMPLOYEES in the Appendix "A." attached to this AGREEMENT. ARTICLE 31. WAIVER 31.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment to the extent inconsistent with the provision of this AGREEMENT, are hereby superseded. 31.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and 19 LELS each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 32. DURATION 32.1 This AGREEMENT will be effective as of January 1, 20221, and will remain in full force and effect until the 31st day of December, 20231. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT indicated below. FOR THE CITY OF MEDINA: LAW ENFORCEMENT LABOR SERVICES, INC. ______________________________ ______________________________ DATE: _______________________ DATE: _______________________ ______________________________ ______________________________ DATE: ________________________ DATE: _______________________ 20 APPENDIX A Al. WAGES EFFECTIVE 1-1-20221 HOURLY RATE: STEP 1 - Start $30.9229.57 STEP 2 - After 1 Year of Continuous Service $34.3032.81 STEP 3 - After 2 Years of Continuous Service $37.6536.02 STEP 4 - After 3 Years of Continuous Service $41.0739.29 EFFECTIVE 17-1-20231 HOURLY RATE: STEP 1 - Start $32.0029.87 STEP 2 - After 1 Year of Continuous Service $35.5033.14 STEP 3 - After 2 Years of Continuous Service $38.9736.38 STEP 4 - After 3 Years of Continuous Service $42.5139.68 A2. Part-time EMPLOYEES will be compensated at a wage rate equal to or greater than Step 1 above. A3. Nothing in Appendix "A" will constrain the EMPLOYER from hiring an EMPLOYEE at any step in the wage schedule. A4. The EMPLOYER will pay Investigators/Drug Task Force Officers an additional two hundred and fifty ($250.00) per month (or give eight hours of compensatory time for every week on call) for officers assigned to these positions. A5. The EMPLOYER will reimburse all full-time EMPLOYEES for travel and meals in accordance with the City’s Travel Policy Section 99.20. A6. The EMPLOYER will pay a designated Field Training Officer (FTO) at a rate of $1.50 per hour in addition to the FTO’s base wage for hours worked as an FTO. 1 TO: Mayor Martin and Members of the City Council FROM: Steve Scherer, Public Works Director DATE: September 23, 2021 MEETING: October 5, 2021 SUBJECT: American Legion Donation The American Legion Post No. 394 is donating $2,121.62 to furnish a picnic table in memory of Roy Nelson. The donation includes funds to cover the cost of a plaque inlay with an inscription as follows: In memory of a man whose life touched so many Roy Nelson (1935 – 2021) Recommendation Accept the donation of $2,121.62 to procure the picnic table and plaque; direct staff to respond with a thank you letter to the American Legion Post No. 394. MEMORANDUM Agenda Item #5B Resolution No. 2021- October 5, 2021 Member ______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2021-_____ RESOLUTION ACCEPTING DONATION FROM AMERICAN LEGION WHEREAS, American Legion has generously offered to donate a check in the amount of $2121.62 (the “Donation”) to the city of Medina (the “City”); and WHEREAS, the Donation will be dedicated to Parks and Recreation for procurement of a picnic table; and WHEREAS, the City wishes to accept the Donation and express its gratitude to American Legion for their generosity. NOW, THEREFORE, BE IT RESOLVED, by the city council of the city of Medina, Minnesota, that the City accepts the Donation and thanks American Legion. Dated: October 5, 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 ____ 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. Agenda Item # Resolution No. 2021- October 5, 2021 Member ____ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2021- RESOLUTION ACCEPTING DONATIONS FOR MEDINA CELEBRATION DAY WHEREAS, The donors listed on Exhibit A (the “Donors”) have generously offered to donate money, as well as other resources, listed on Exhibit A (the “Donation”) to the City of Medina (the “City”); and WHEREAS, the Donation will be dedicated to the City’s Community Event Fund to pay for the annual Celebration Day activities; and WHEREAS, the City wishes to accept the Donation and express its gratitude to the Donors for their generosity. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota that the City accepts the Donation and thanks the Donors. Dated: October 5, 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: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Agenda Item #5C Resolution No. 2021- 2 October 5, 2021 Exhibit A Donations & Volunteers Business/Individual Donation Adam's Pest Control $100 AutoMotorPlex $2,000 Burromax Products $100 Dan Schroeder - State Farm Insurance $100 DMJ Asphalt $250 Dojo Karate Medina $350 Farmers State Bank of Hamel $500 Flagship Technologies $200 Fortin Chiropractic Clinic $100 Fortin Consulting, Inc (Carolyn Dindorf) $100 Garland Wellness $100 Gregor Farm & Greenhouse $250 Hamel American Legion $100 Hamel Fire Department participant Hamel Lions Club participant Hamel Post Office $100 Hennepin County Environment & Energy participant Highway 55 Rental participant Hometowne Pizza - food vendor participant Inn Kahoots - R.M.T. Inc $500 John Day Company $100 J Cook Aerial Photography participant Kalla Lily Salon and Spa (Bula Two, Inc.) $100 KD & Company Recycling Inc. $250 Loretto Fire Department participant Maple Crest Landscape $250 Marianne Houlihan - State Farm Insurance $500 Medina Entertainment Center (Medina Recreations, Inc) $200 Medina-Hamel School of Music $500 Northstar Search & Rescue - they bring table/chair participant Partners In Prevention participant Peg's Countryside Café & Catering participant Police Department Reserves participant Public Works Department participant Scherer Pumpkin Patch pumpkins School of Rock (Plymouth) $100 SharePoint Credit Union $100 Target Medina - not on audit / gift card donation $100 Three Rivers Park District participant Vesuvio's participant Wayzata HS Y.E.S. Club participant Wayzata Youth Hockey Assoc. (hosts bingo) participant TOTAL $7,050 Resolution No. 2021-XX October 5, 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 October 5, 2021 2 WHEREAS, Jodi helps keep Medina citizens informed by authoring a monthly column in Local Ties 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: October 5, 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- October 5, 2021 Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2021- RECOGNIZING PUBLIC WORKS WATER OPERATOR GREG LEUER FOR FIFTEEN YEARS OF SERVICE TO THE CITY OF MEDINA WHEREAS, Greg Leuer has been a valued fulltime City of Medina employee in the Public Works Department since October 1, 2006; and WHEREAS, Greg has been serving as the Water Supply System Operator for fourteen years, and conducts Fluoride, Chlorine, Iron, and Manganese Level Testing, and performs the monitoring and reporting, and has fulfilled the requirements for certification with a Class C License, and WHEREAS, Greg has served as the Wastewater Collection System Operator for fourteen years, and has fulfilled the requirements for certification with a Class SD License; and WHEREAS, Greg has served on the Safety Committee for the City for the past thirteen years as the safety liaison and training coordinator for the Public Works Department; and WHEREAS, Greg was instrumental in the startup of the Water Treatment Plant and actively participated in the planning and completion of the upgrade of controls, the Independence Beach Well House, and the startup of Well #7 and Well #8, and has been directly involved with the Well #8 and Pumphouse #3 improvements; and WHEREAS, Greg frequently interacts with the public and promotes great confidence in his ability to deliver safe drinking water to the community, as well as responding to emergency call-outs, and represents the City of Medina in a professional manner, and WHEREAS, Greg is a dependable and dedicated team player who is versed in all aspects of Public Works, is an all-around great employee, and always represents the City of Medina in a professional manner, and WHEREAS, the City of Medina expresses sincere gratitude for Greg’s dedication and continued service to the Medina community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Medina acknowledges and thanks Greg Leuer for fifteen years of service to the community. Agenda Item # 7B Resolution No. 2021- October 5, 2021 2 Dated: October 5, 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: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. BAPS Minneapolis Page 1 of 8 October 5, 2021 Site Plan Review City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: September 30, 2021 MEETING: October 5, 2021 Planning Commission SUBJ: BAPS Minneapolis LLC – 1400 Hamel Drive – Site Plan Review Summary of Request Bochasanwasi Shri Akshar Purushottam Swaminarayan Sanstha (BAPS) Minneapolis has requested approval of a Site Plan Review for construction of an approximately 46,000 square foot building at 1400 Hamel Road. The subject property is located north of Hamel Road and east of Arrowhead Drive. The subject site is approximately 20 acres in size, with approximately half containing wetlands. The site is guided for Business development and zoned Business Park (BP). An existing home and barn are located on the site and the upland areas of the site are pasture. An aerial of the subject site and surrounding lands can be found below: Agenda Item #8A BAPS Minneapolis Page 2 of 8 October 5, 2021 Site Plan Review City Council Meeting Property south of Hamel Road is zoned Rural Residential and have homes on rural lots. The AutoMotorPlex facility and a storage building owned by Loram are located to the west. The property north of the subject site is guided for Business development and currently farmed. A large wetland is located east of the site, and property to the east is guided Mixed Residential and owned by Wayzata Schools. Proposed Use Religious institutions are a permitted use within the BP zoning district. Staff has received concerns related to the tax-exempt status of such uses. Federal law provides that cities may not treat religious uses any less favorably than comparable non-religious uses irrespective of tax- exempt status and it is not relevant for the sake of land use review. Site Layout The proposed construction appears to meet the dimensional standards of the BP zoning district. Following is a summary comparing the proposed construction to standards of the district: BP District Requirement Proposed Minimum Front Yard Setback 50 feet Minimum Rear/Side Yard Setback 30 feet 30 feet (west) Setback from Residential 100 feet 410 feet (east) 1000 feet (south) Minimum Parking Setbacks Front Yard 35 feet 560 feet Rear and Side Yard 20 feet 20 feet (north) 20 feet (west) Residential (east) 100 feet 310 (east) 630 (south) Maximum Hardcover 70% 19% Building Height (sprinkled) 35 feet 35 feet Building Height The maximum building height within the BP zoning district is 35 feet. The proposed roof on the higher portion of the building is 34 feet. There is a four-foot-tall architectural parapet above the roof which also provides screening for roof top equipment. The tallest aspect of the proposed building are the three spires in the southern portion of the building. The tips of these spires are 50 feet above grade. The roof on which these spires are located is only 20 feet high. The applicant proposes to calculate the height these spires similar to a pitched roof, which is calculated at the midpoint between the peak and the eave. Based upon this interpretation, the midpoint of the spires would be 35 feet (midpoint between 50-foot peak and 20-foot roof). For the sake comparison, a building with an eave at 20 feet above grade and a roof pitch of 5.5/12 could approach a peak height of 50 feet. BAPS Minneapolis Page 3 of 8 October 5, 2021 Site Plan Review City Council Meeting Building Materials and Design The BP zoning district requires the following architectural standards. The Planning Commission and Council can discuss whether the proposed building is consistent with the standards or recommend conditions if necessary. Materials The BP district requires: “All exterior building materials shall be durable and meet the following standards: (a) A minimum of 20 percent of the building exterior shall be brick, natural stone, stucco (not Exterior Insulation and Finish System or similar product), copper, or glass. (b) A maximum of 80 percent may be decorative concrete, split face (rock face) decorative block, and/or decorative pre-cast concrete panels. Decorative concrete shall be color impregnated in earth tones (rather than painted) and shall be patterned to create a high quality terrazzo, brick, stucco, or travertine appearance. (c) A maximum of 20 percent may be wood, metal (excluding copper) or fiber cement lap siding or Exterior Insulation and Finish System or similar product, if used as accent materials which are integrated into the overall building design.” The building is proposed to include the exterior materials to the right: Staff recommends a condition that the concrete is “color impregnated in earth tones (rather than painted) and shall be patterned to create a high quality terrazzo, brick, stucco, or travertine appearance.” Modulation The business districts require: “Buildings shall be designed to avoid long, monotonous building walls. Modulation may include varying building height, building setback, or building materials/design. Generally, a particular building elevation shall include a minimum of one element of modulation per 100 feet of horizontal length, or portion thereof. Alternative architectural or site elements and designs may also be approved by the city which achieve the purpose of reducing the visual impact of long building walls.” The north and south façades are approximately 160 feet in length, requiring 2 aspects of modulation. The west and east façades are approximately 340 feet in length, requiring 4 aspects of modulation. The proposed architectural plans appear to exceed these minimum requirements with horizonal and vertical modulation, plus there is additional material differentiation across the facades. Fenestration and Transparency The business districts require: “Building elevations which face a public street shall include generous window coverage. Alternative architectural elements may be approved by the city when windows are not practical.” The southern façade of the structure includes approximately 16% window coverage and various other architectural elements. Materials Proposed Required Glass, stone, brick, stucco 71% Minimum 20% Concrete 22% Maximum 80% Metal 7% Maximum 20% BAPS Minneapolis Page 4 of 8 October 5, 2021 Site Plan Review City Council Meeting Multi-sided Architecture The business districts require: “Any rear or side building elevation which faces a public street or a residential zoning district shall include design and architectural elements of a quality generally associated with a front façade. The elevation(s) shall be compatible with the front building elevation.” The south and east facades face residential zoning districts, although the structure is more than 1000 feet from where any structures could be located. The eastern façade is designed as the “front” elevation and the Planning Commission and City Council can discuss whether the southern façade meets the expectation for multi-sided architecture. Stormwater/Grading The applicant proposes three filtration basins for stormwater management. The City Engineer has reviewed and provided comments to address. The project will also be subject to Elm Creek Watershed review and approval. The site slopes generally from the northwest to the wetland to the east. The applicant proposes to flatten the area of the building and parking and add a retaining wall along the east side of the driveway. However, the drainage patterns of the site mimic existing by having three filtration basins along the east of the site. Wetlands and Floodplains A large wetland occupies the east of the property, and a smaller wetland is in the southwest of the site, with a narrow strip of land between the two wetlands. The applicant proposes 846 square feet of impacts to the wetlands to allow access between the two wetlands to the north of the site. The impacts meet the de minimis exemption within the Wetland Conservation Act. The wetland requires buffers with a minimum average width to the right. The wetland protection ordinance allows reductions in buffer width to 75% of the minimum width if an applicant implements practices which are superior to strict adherence. The applicant proposes an approximately 100 foot long portion of the buffer to the east of the building at 15’ in width (75% of the minimum). The applicant proposes to exceed the total area of required buffer throughout the site to provide the superior protection as required. Staff recommends that a minimum of 2x area of larger buffer is provided for the reduced area (approximately an additional 500 square feet). FEMA floodplain maps identify a large “Zone A” floodplain within the large wetland basin to the east. No impacts are proposed near the floodplain area, and all improvements are proposed more than 10 feet above the elevation of the wetland. Transportation Peak traffic is projected on Sunday mornings for services. Traffic for remaining days will be fairly limited. The application was routed to Hennepin County Transportation for review since Hamel Road is a County Road. Hennepin County and the City’s Transportation Engineer have reviewed and determined that projected traffic would not necessitate improvements or turn lanes Wetland Mange. Class. Average Buffer Minimum Buffer East Manage 1 30 feet 20 feet West Mange 2 25 feet 20 feet BAPS Minneapolis Page 5 of 8 October 5, 2021 Site Plan Review City Council Meeting on Hamel Road. Hamel Road is comparatively low volume roadway and the peak traffic and turns generated by the use occur off peak. Staff recommends a condition that the applicant provide traffic control if requested by the City for larger events. The access to Hamel Road is proposed across from the shared driveway of 1405/1495 Hamel Road. The applicant proposes a sidewalk connection from Hamel Road to the building. The City has identified a future trail along Hamel Road and the City Council approved of the route for the Diamond Lake Regional Trail in this location as well. The applicant has indicated that they would amend their grading plan to make future construction of the trail as easy as possible. Staff has inquired if the applicant would be willing to provide trail easements and potential construct a portion of the trail in connection with construction on the site. The applicant may address this construction at the Planning Commission meeting. Parking The applicant proposes 227 parking spaces. For religious institutions and other places of assembly, the City’s parking ordinance requires 1 space per 4 seats. This would be equivalent to 908 seats. The main assembly place has less seating than this, but if all spaces such as classrooms and dining are calculated, seating capacity would exceed 900. The applicant has indicated that these other spaces are ancillary, and most will not be used to their maximum concurrently. Historically, the peak attendance has been 250 persons, which only occurs a few times per year. There is additional area in the southern portion of the site for additional parking if necessary. Staff believes it is reasonable to not require excessive parking to be constructed. Staff recommends a condition that states no improvements can be constructed in this area unless the City determines that existing parking is sufficient. Lighting The City’s lighting ordinance requires light trespass to be no more than 0.2 FC at property lines post curfew. The initial lighting plans exceeded these amounts in some locations, but the applicant has submitted updated plans to meet the requirements. Tree Preservation No wooded areas are located on the property, although there are historically planted tree lines in the vicinity of the house, and volunteer trees (predominantly box elder) in the area of the barn. Trees in the remaining site are sparse. The total number of significant trees is approximately 100. The applicant proposes to remove 8 trees for construction of access and the parking lot. The applicant also proposes to remove 21 trees adjacent to the house and barn to allow demolition of the existing structures. BAPS Minneapolis Page 6 of 8 October 5, 2021 Site Plan Review City Council Meeting The tree preservation ordinance would permit 10% of the trees on the site to be removed without replacement for initial site development and 10% in connection with “other activities” on the site beyond initial development. If full replacement were to be required, approximately 80 inches of replacement trees would be required. The tree preservation ordinance exempts the removal of “pioneering Tree species such as box elder when needed to manage other ecosystems and where removal will not cause erosion or damage to riparian areas.” Staff believes it is reasonable to not require the replacement in this case. Landscaping The business district includes the following landscape requirements: • Building Setting - At least 12 feet of landscaped area shall be provided adjacent to all buildings except for walks, plaza space and approved loading docks. Walks within this landscaped area shall be limited to where practically necessary to serve access points of buildings Landscaping appears to be 12 feet or greater in width, except in the area east of the building in the loading/unloading area. Staff believes it is reasonable to have reduced landscape area in this location as “access points/plaza.” • Minimum Planting Requirement Required Proposed Overstory trees 1 per 50’ site perimeter 82 trees 94 trees Ornamental trees 1 per 100’ site perimeter 41 trees 41 trees Shrubs 1 per 30’ site perimeter 137 shrubs 276 shrubs Staff recommends that additional landscaping be provided west of the proposed building. • Parking lot landscaping – minimum of 8% of parking lot area The interior of the parking lot includes approximately 8% landscaping area. • Landscaping islands every 20 spaces, wider separations for cells of 120 spaces Plans appear to provide required landscaping islands and separation. • Buffering. Landscaping is required to have an opacity of 50% adjacent to residential zoning districts. According to the City’s bufferyard requirements, this would require approximately 2400 “planting points” to the south and east of the structure. South of the structure meets this requirement. An additional 400 points are required to the east. Utilities, Mechanical Equipment, and Trash and Recycling Facilities The business districts require: All utilities shall be placed underground. To the extent possible, all utility equipment, meters and transformers shall be placed either inside of the building or within an outside mechanical court formed by walls. If not located within the building, these items shall be fully screened from view from adjacent property and streets through the use of opaque landscaping or walls constructed of materials which are compatible with the building. BAPS Minneapolis Page 7 of 8 October 5, 2021 Site Plan Review City Council Meeting The plans do not identify transformers, generators, or HVAC location. Staff recommends a condition that these locations be identified and screening measures provided. All trash and material to be recycled are required to be stored within the principal building, within an accessory structure, or within an enclosed outdoor area adjacent to the principal structure. The applicant proposes an accessory structure in the southwestern corner of the northern parking lot for this purpose. Review Criteria The City has a relatively low level of discretion when reviewing the Site Plan Review. The purpose of a Site Plan Review is to review compliance with relevant land use regulations. If the proposed construction meets the requirements, it should be approved. The City can apply conditions as necessary to ensure compliance with City requirements and to protect the public health, safety and welfare. Planning Commission Recommendation The Planning Commission reviewed the application at the September 14 meeting. An excerpt from the meeting minutes is attached for reference. Three property owners spoke during the review. The developer of the AutoMotorPlex to the west requested that the applicant consider various changes to reduce potential impacts to their development site, including: adjusting building location, fencing, additional landscaping and reducing the height of the spires. The applicant indicated that they would update landscaping plan and that there would be fencing adjacent to the playground, but that they would prefer not to put a fence along the entire property line. The applicant also indicated that they had reviewed multiple locations to locate the building and that this location provided the largest area to accommodate the building and parking. Staff has identified several changes necessary to meet City requirements but believes it should be relatively straight-forward for the applicant to do so. The Planning Commission recommended approval of the Site Plan Review subject to the following conditions: 1. The Applicant shall enter into a development agreement with the City, which shall include the conditions described below as well as other requirements by City ordinance or policy. 2. The Applicant shall install all improvements shown on the plans dated _____________, except as may be modified herein. The design of all improvements shall be reviewed and approved by the City Engineer prior to commencing construction. 3. The Applicant shall submit a letter of credit in an amount of 150% of the site improvements in order to ensure completion. 4. The Applicant shall grant drainage and utility easements over all utilities, stormwater improvements, wetlands, drainageways and other locations recommended by the City Engineer. 5. The Applicant shall abide by the requirements of the wetland protection ordinance, including installation of vegetative buffers, recordation of easements, and installation of signage. Plans shall be updated to provide additional buffer area to provide for superior protection to account for the reduced buffer width to the east of the building. BAPS Minneapolis Page 8 of 8 October 5, 2021 Site Plan Review City Council Meeting 6. The Applicant shall submit specifications confirming that proposed concrete panels are color impregnated in earth tones (rather than painted) and shall be patterned to create a high quality terrazzo, brick, stucco, or travertine appearance. 7. Lighting shall comply with the City’s lighting ordinance, limiting light trespass to 0.2 FC after light ordinance curfew and requiring all lighting to be downcast. 8. Wetland impacts shall be limited to those identified in the Wetland Conservation Act Exemption approved on September 20, 2021. 9. Plans shall be updated to provide grading for future trail along Hamel Road. 10. The Applicant shall update landscaping plan to provide additional 400 planting points of landscaping to provide 0.5 opacity east of the structure. 11. The Applicant shall identify transformer, generator, HVAC locations and provide screening measures for review and approval. 12. The Applicant shall provide traffic control as requested by the City for larger events. 13. All comments from the Elm Creek Watershed District shall be addressed. 14. All comments from the City Engineer shall be addressed. 15. All comments from the Fire Chief shall be addressed. 16. The site plan review approval shall be effective for one year and thereafter shall be considered null and void. 17. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the preliminary plat, site plan review, and related documents. Potential Action If the Council finds that, subject to the condition noted, the proposed construction meets relevant standards, the following action would be appropriate: Move to direct staff to prepare a resolution granting approval of the site plan review subject to the conditions noted in the staff report. Attachments 1. List of Documents 2. Excerpt from draft 9/14/2021 Planning Commission minutes 3. Engineering comments dated 8/26/2021 4. Comment received 5. Narrative 6. Plans 9/30/2021 Project: LR-21-300– BAPS Site Plan Review The following documents are all part of the official record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant Document Received Document Date Pages Electronic Paper Copy? Notes Application 8/13/2021 8/13/2021 3 Yes Yes Deposit 8/13/2021 8/11/2021 1 Yes Yes $5000 Narrative 8/12/2021 8/12/2021 3 Yes Yes Narrative-updated 8/20/2021 8/20/2021 3 Yes Yes Plans 8/12/2021 8/12/2021 23 Yes Yes Plans-Updated 8/20/2021 8/20/2021 23 Yes Yes Plans-Updated 9/1/2021 9/1/2021 23 Yes Yes 6 sheets updated Plans-Updated 9/29/2021 9/28/2021 28 Yes No Trash Enclosure Plans 9/1/2021 9/1/2021 1 Yes Yes Applicant Response to Comments 9/1/2021 9/1/2021 4 Yes Yes Applicant Response to Comments 9/29/2021 9/28/2021 10 Yes Yes Applicant Response to Elm Creek 9/29/2021 9/28/2021 3 Yes Yes Stormwater Management Report 8/12/2021 8/12/2021 185 Yes Yes Stormwater Management Report 8/20/2021 8/20/2021 140 Yes Yes Stormwater Management Report 9/29/2021 9/28/2021 119 Yes No <OVER> 9/30/2021 Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Engineer Comments 8/26/2021 5 Y 6 pages w/ traffic comments Legal Comments 8/27/2021 1 Y Building Official 9/7/2021 1 Y Preliminary Comments 8/26/2021 3 Y 8 pages w/ attach Elm Creek 9/3/2021 5 Y Hennepin County 8/17/2021 1 Y Planning Commission Report 9/9/2021 8 Y 30 pages w/ attach City Council Report 9/30/2021 8 Y Public Comments Document Date Electronic Notes Unsigned letter NA Y Silikowski Email 9/14/2021 Y DeCaster 9/14/2021 Y Comments withdrawn; misunderstood location Planning Commission Minutes 9/14/2021 Y Medina Planning Commission Excerpt from Draft 09/14/2021 Minutes 1 BAPS Minneapolis – 1400 Hamel Road – Site Plan Review for Approximately 46,000 SF Building Including Assembly, Classrooms and Ancillary Spaces – PID 1111823230003 (No public hearing – review only) Finke reported that the subject site is located at 1400 Hamel Road and is approximately 20 acres in size, although about half of the site is wetland. He stated that the purpose of site plan review is review a request against appropriate zoning regulations. He reviewed the zoning of the property and adjacent property uses. He stated that the proposed use is permitted within the zoning district. He stated that the tax-exempt status of the use is not an appropriate topic of discussion of land use. He displayed the site plan noting that construction is proposed along the northern portion of the property and identified the proposed parking and access locations. He provided the draft elevations of the building and reviewed the proposed building materials. He stated that the construction as proposed would meet the requirements of the zoning district. He reviewed details related to stormwater management and stated that the proposed wetland impacts may meet the de minimis requirements under the Wetland Conservation Act (WCA) and therefore would not need to be mitigated for. He explained that the applicant would use the average method for wetland buffering and provided additional details. He stated that the City Engineer and Hennepin County reviewed the plans and did not recommend transportation improvements as the peak usage of the proposed use would be different than the peak use of Hamel Road. He stated that 250 parking stalls are shown on the plan, but 25 parking spaces would be lost with the increased landscaping required. He provided additional details on the parking calculation. He stated that staff believes that the proposed parking would be sufficient, and that the applicant could provide a proof of parking agreement in the case that additional parking is needed. He provided details on the proposed landscaping increases suggested by staff. He provided details on tree preservation and noted that staff supports a waiver of replacement as there are a number of boxelders on the site and per code boxelders support a waiver. He stated that a lighting plan would be required to ensure the lighting would not trespass onto adjacent properties. He noted that staff recommends approval subject to the conditions noted in the staff report. He stated that while this is not a public hearing, staff would recommend that the Commission accept public comments as that follows the City’s typical practice. Galzki asked if there would be other steps in the process which would dictate public input. Finke stated that for formal public hearings, this would be the place for public hearing. He noted that the City Council also entertains comments from the public at its meetings, regardless of whether the matter is a public hearing. Asit Waghani, President of local Chapter of BAPS, provided background information on the spiritual society which believes in developing individuals in every aspect of their life. He stated that they also have a social arm which is a global charity that focuses on volunteers that dedicate a portion of their lives in dedication of others. He stated that they have been located in Brooklyn Center since 2003 and highlighted some of the events they have hosted that benefit other organizations and causes. He stated that they also participate in other events that benefit the community and look forward to doing the same in Medina. Piper stated that she spent quite a bit of time today looking at the organization and its locations around the world. She stated that she visited the Brooklyn Center site but there was no one at the site. She commented that site is small and asked if that operation would continue or whether the new site would take the place of that location. Waghani replied that their plan would be to eventually relocate to the new building in Medina. Medina Planning Commission Excerpt from Draft 09/14/2021 Minutes 2 Piper asked the annual budget to run the organization in Minnesota annually, noting there appear to be three locations in the state. Waghani replied that they only have one location at this time. He stated that he does not have the exact budget numbers but estimated $300,000 to $400,000 per year in terms of expenses and operations. Piper asked if fencing had been considered on the side of the Autoplex because of the proximity. Waghani replied that he would defer that question to the project manager. Piper stated that there is a second-floor residence and asked if anyone would be permanently living in the building. Waghani replied that a priest would be onsite 24 hours per day to offer assistance. Nielsen stated that Piper expressed concern that the building in Brooklyn Center is rather rundown and not well kept. She asked if there is a reason for that. Waghani replied that they comply with all city codes and do their best to keep the site clean and tidy. He stated that he would be happy to provide a tour of the inside of the building. Grajczyk stated that the staff report mentioned off-peak traffic times and asked if there are certain days and times when traffic would most likely occur. Waghani replied that there would be traffic on Sunday afternoons. He stated that once per year they host a large festival where traffic would come and go throughout the day. Nielsen stated that she does not have a concern with traffic as anyone coming to this site would use Highway 55 and then use roads that can support the traffic and would not be coming through downtown Hamel. Pete Moreau, Civil Engineer representing the applicant, stated that the building is designed with the maximum building height and to meet the setbacks. He stated that the building is roughly five feet lower than the Motorplex and noted that they would be happy to enhance landscaping or add a fence on the west. Nielsen asked if the building could be shifted to the east. Moreau stated that the wetland buffer comes into play on that side. Piper referenced a letter received tonight which suggested turning the building to go across the property, rather than using the length of the property, and asked if that has been entertained. Moreau stated that they looked at multiple design options and the proposed design does the best to minimize impacts to the wetland. Nielsen asked the highest peak on the building. Moreau replied that the second floor is designed to be 34 feet and the spires would reach 36 feet. Piper believed that the spires would be much higher. Medina Planning Commission Excerpt from Draft 09/14/2021 Minutes 3 Moreau commented that there are two sets of dimensions shown on the plan. Galzki provided additional clarity on the calculations for height. He asked the elevation difference between the top of the spire and the top of the roof. Finke provided the clarification on height. Bruno Silikowski, 3600 Arrowhead Drive, stated that he is the owner of the AutoMotorPlex. He stated that he wants to be a good neighbor but also wants the applicant to be a good neighbor. He stated that his parcel is 20 acres in size and reviewed the taxes generated by the property, noting that his site does not use City schools and rarely uses City services. He stated that he is worried that if this development is not done right, it would impact his ability to be successful. He stated that based on the plan this would be 60 feet from his building. He stated that his business is an event driven facility and holds events on a monthly basis. He stated that they have received tremendous feedback from the City that has been positive. He stated that his concern would be that the church may not be happy with that noise generated from events. He wanted to ensure that the applicant would accept his use just as he would accept theirs. He stated that he considered purchasing the subject site himself. He highlighted another area on the subject site that could house the building in a better manner in his opinion and asked if the applicant has considered that location. He stated that would be much more upland, therefore less impact to the wetlands, and would provide more privacy to both parties. He stated that this would be a very different look than anything else in the community and therefore screening may be helpful to reduce impact to the neighboring properties. He stated that the report mentions youth activities and noted that his site is a magnet for children, therefore he would recommend having a fence to separate the sites and prevent children from spilling over the property line. He stated that he was confused with the height of the spires mentioned as he believed that typically those protrude up to 50 feet into the air which would be difficult to screen. He stated that a fence and tall landscaping would help a lot in ensuring the uses could coexist. He understood the average used for height but comments that seems to be cheating the system and seems odd in the spirit of the neighborhood. Keith Vogler, 1222 Hamel Road, asked if churches or temples need to be in business parks. Finke replied that business park is one of various zoning districts that allow for religious institutions. He reviewed the other zoning districts that allow that use. Vogler asked how the size of this proposed temple would relate to any of the other religious uses in the area. Finke replied that it would be almost the same size as Woodridge Church and much smaller than Holy Name as that also has a school. He stated that Saint Anne’s is probably about one third of the size. There were no additional public speakers. Galzki stated that there are obviously other aspects playing into this case other than land use. He stated that in terms of a site plan review and the zoning, the only concern that he would have is related to the building height with the spires. He stated that everything else seems to meet the requirements of zoning. He stated that he also did not see landscaping between the two properties to provide screening. He understood the adjacent land uses and how this fits in proximity to the adjacent site. He stated that he does not agree with using the method of average height, because when you look overall you do not see the average height but the highest point. He stated that the spires would exceed the maximum height in Medina Planning Commission Excerpt from Draft 09/14/2021 Minutes 4 multiple areas. He stated that he was unsure if there was an ability to reduce that height. He stated that he does not like the proximity to the other property but recognized that this meets the setback. Nielsen asked if there is an option to reduce the height of the spires. Moreau clarified that there were two sets of dimensions within the drawings. He noted that the total height of the occupied spaces is 34 feet. The parapet is four feet, and the spires would have additional height. He believed that BAPS would be open to reducing the height of the spires if that is a sticking point. He stated that originally there was a utility easement for a looped watermain but through discussions with WSB it has been determined that separate water lines could be run and therefore additional trees could be planted in that easement area. He stated that they did look at the concept mentioned by the neighboring property owner but that could not accommodate the needed parking. He stated that their intentions down the line to include a phase two development of the area south of the wetland. Grajczyk stated that currently the buildings at the MotorPlex, the end of the buildings would be nearest to the layout of the building and asked if there is concrete drive aisle or parking area on the side of the building. Silikowski replied that there is not a drive aisle and advised that the building would be setback 30 feet from the property line. He stated that there is greenspace between the building and property line. Finke commented that the most northeastern building of the MotorPlex sits 30 feet from the property line which would be adjacent to the proposed parking area. He noted that there is a looped road that goes along the property, about 25 feet from the property line, around the pond. Piper asked for clarity on the location of phase two and whether that would include housing. Moreau noted that phase has only been high level concept discussion and the use would be to be determined. Finke explained that height under the zoning code is measured by the average grade around the building. He stated that for a flat roof the measurement is to the roof, or for a peaked roof the measurement would be to midpoint between the peak and the eve. He noted that a few of the MotorPlex buildings have peaks between 35 and 40 feet, where the average would fall under 35 feet. He stated that the architectural elements on the commercial MotorPlex building are higher in height and similar to the height of the spires as proposed. Silikowki inquired whether the City could require the applicant to show a plan for portions of the site which not proposed to be constructed at this time. Finke stated that any use would have to meet the requirements of code and the City could not require plans for a conceptual and unknown future use. He stated that the caveat to not making some plan would be the proof of parking area that would be set aside to ensure additional parking could be constructed if the demand requires that. Galzki stated that goes back to what has been said about being a good neighbor and finding something agreeable to all parties. He believed it in the best interest of the applicant to look at alternate options. He stated that it would go a long way to showing the ability to be cooperative and respond to feedback. He stated that it would at least be good to see the other option and see if that is a feasible and reasonable design. Medina Planning Commission Excerpt from Draft 09/14/2021 Minutes 5 Finke stated that there are implications to moving things as there is rural residential property south of Hamel Road. He stated that there is a specific property owner with interest and perhaps the other properties that could be impacted did not provide input because they were further from the notification distance but would be impacted if the plan changes. Galzki stated that he would still like to go through the exercise to see if the building could fit in that location. Nielsen stated that she struggles as they have seen this before, where the first person to build gets to do what they want, and then additional things are desired for future builders. She stated that she is fine with the request but believes it would be nice to have more of a barrier to keep children from the MotorPlex site. She suggested a fence with plants growing on it. Rhem agreed and stated that he would support the request with the additional fencing and landscaping. Nielsen asked if the number of options the applicant reviewed before presenting this option. Moreau noted that he is unsure but advised that this was option H. He confirmed that a number of different options were considered in order to ensure sufficient access could be provided and minimize impacts on the wetlands. Finke commented that there would be other viable locations for access but that could result in the access being on the far east side in order to have sufficient spacing from other intersections. Grajczyk stated that he appreciated the feedback and noted that this would be another large building in that area. He stated that it would be great to see more landscaping or separation between the two sites to create a stronger barrier between the sites. He stated that it would be better on all levels if the elevations were matched, or close to, those of the existing elevations. Nielsen agreed. Moreau provided additional input on the spacing, wetland buffer, and access location. He stated that perhaps additional flexibility could be provided to the wetland buffer to provide additional space. Finke stated that 15 feet could also be reduced from the building width if they are playing with numbers. Grajczyk asked if the applicant has considered making the building longer rather than wider, shifting some uses to provide more spacing. Nielsen asked how the square footage of this proposal compares to Brooklyn Center. It was noted that this would be almost triple the size. Finke noted that the gymnasium adds a large amount of square footage. McKenzie Mendez, Facility Manager of Loram, echoed the concerns with landscaping and fencing. She stated that Loram owns the property to the west and the property south of this site. She stated that fencing would be necessary as they are a manufacturing plant and the property to the south has heavy equipment that would attract small children. She supported fencing along the west side of the property and additional landscaping along the south. Medina Planning Commission Excerpt from Draft 09/14/2021 Minutes 6 Nielsen stated that it would be ideal for the applicant to consider more of the comments from the neighbor. She stated that the Commission also expressed a desire for a fence, increased screening, and a possible reduction to the height of the spires. Motion by Galzki, seconded by Grajczyk, to recommend approval of the Site Plan subject to the conditions within the staff report with the caveat of taking into consideration the comments made tonight. Motion carries 4-0 (Piper abstained). (Absent: Popp and Sedabres) K:\018775-000\Admin\Docs\2021-08-20 Submittal\_2021-08-26 BAPS Temple Concept Plan - WSB Comments.docx 7 0 1 X E N I A A V E N U E S | S U I T E 3 0 0 | M I N N E A P O L I S , M N | 5 5 4 1 6 | 7 6 3 . 5 4 1 . 4 8 0 0 | W S B E N G . C O M August 26, 2021 Mr. Dusty Finke City Planning Director City of Medina 2052 County Road 24 Medina, MN 55340-9790 Re: BAPS Hindu Temple Site Plan Review – Engineering Plan Review City Project No. LR-21-300 WSB Project No. 018775-000 Dear Mr. Finke: WSB staff have reviewed the BAPS Hindu Temple site plan submittal dated August 19, 2021. The plans propose to construct one building and 250 total parking spaces spread out between two parking areas. The proposed project will generate approximately 3.81 acres of new impervious on the existing 20-acre site located at 1400 Hamel Road. The documents were reviewed for general conformance with the City of Medina’s general engineering standards and Stormwater Design Manual. We have the following comments with regards to engineering and stormwater management matters. General 1. Comments on the landscaping plans will be provided under separate cover by City Staff. 2. The City Fire Marshall will provide pertinent comments under separate cover. 3. Provide an easement for a future regional trail along Hamel Road; see additional comments from City Planner. 4. Any work within Hennepin County right of way will require a permit, add a note to the plan to this affect. The applicant shall also meet the requirements of the County’s plat review committee. Existing Conditions & Demolition Plans (C2.0,1 C2.02) 5. Note existing FES invert to the northeast of the site. 6. Impact to the adjacent site is proposed for a watermain looping connection. Show the infrastructure removals/impacts with this work. 7. Show any proposed removals/impacts to Hamel Road. Site Plan (C3.01) 8. Provide a turning movement exhibit to show that a fire truck can access all building structures and required turn around space as required by the Fire Marshall. 9. Note dimension of proposed sidewalk. Add a 5’ boulevard between the back of curb and sidewalk along the southerly access driveway. City of Medina – BAPS Hindu Temple Plan Review – Engineering Review August 26, 2021 Page 2 K:\018775-000\Admin\Docs\2021-08-20 Submittal\_2021-08-26 BAPS Temple Concept Plan - WSB Comments.docx Grading Plan & Notes (C4.01, C4.02) 10. Retaining walls greater than 4’ in height will required certified engineering drawings/plans form a registered structural engineer. A safety fence/guardrail will be required at the top of the wall. Provide soil borings/geotechnical analysis for the area where the wall is proposed. 11. There appears to be a low point in the parking lot near the southeast corner of the building where collection/conveyance is not being provided. Review and update plans accordingly. 12. Confirm inlet capacity for catch basins at the low point for the south entrance driveway. 13. Label more of the proposed contours near the northerly and westerly property lines. 14. Maintain all surface grades within the minimum of 2% and maximum 33% slopes. Vegetated swale grades shall also be a minimum of 2.0%. 15. Locations where an EOF, Rain Guardian, or other concentrated discharge points over vegetated areas will require a permanent stabilization method such as rip-rap or permanent turf reinforcement matting. 16. At EOF locations for all basins, show the grading/contours in those areas to facilitate the overflow conveyance. 17. Incorporate/accommodate EOF locations located along the westerly property line from the AutoMotorPlex site. Erosion Control & SWPPP Plans (C5.01. C5.02, C5.03) 18. An NPDES permit will need to be obtained for this project and SWPPP must be developed in accordance with the MN Construction Stormwater Permit. 19. Provide redundant perimeter control around the wetland areas. Silt fence should be double layered to a 3 foot minimum separation and 5 foot maximum separation. 20. Erosion control blanket is required for slopes 4:1 or greater. 21. A full review of erosion/sediment control will be conducted with the final plat submittal. Show hatching on plan where this will be required. Utility Plan (C6.01) 22. Based on the current design, it appears the applicant will be required to apply for a permit from DLI, provide copies to the City. 23. Hydrant locations shall be reviewed and approved of by the City Fire Marshal; typically, a maximum of 250’ influence radius (approximately 500’ spacing) is required around building (hose length). 24. The watermain connections to the building shall be reviewed and approved by the City Fire Marshall. Show the location of the PIV on the plan. 25. On the final construction plans add the following notes: o The City will not be responsible for any additional costs incurred associated with variations in the utility asbuilt plans, elevations, or locations. o Watermain shall have a minimum of 7.5’ of cover. City of Medina – BAPS Hindu Temple Plan Review – Engineering Review August 26, 2021 Page 3 K:\018775-000\Admin\Docs\2021-08-20 Submittal\_2021-08-26 BAPS Temple Concept Plan - WSB Comments.docx o The City will require televising for sanitary sewer pipe installations prior to accepting a warranty for the utility systems; provide report and video files to the City for review. 26. Any public sanitary sewer and watermain shall be encompassed by drainage and utility easements where located outside of public road right of way. Drainage and utility easements will need to allow for a 1:1 trench from the invert of the utility with a minimum of 20’ centered on the utility. 27. Consideration of future watermain looping needs and stubs for future phases or other adjacent developments will be required. o The watermain looping connection proposed parallel to the westerly property line will not likely provide a significant increase in fire flow or capacity for the system. Instead, consider eliminating this mainline and extend the hydrant at the southerly building location directly into the existing main within the AutoMotorPlex site to the west. Further south, maintain the proposed connection within the AutoMotorPlex site shown on the plans but extend easterly/southerly across the wetland to allow for a future connection with potential development of the southerly parcel and/or a future extension/connection to Hamel Road. o With any connection into the adjacent property; provide documentation that the site owner (AutoMotorPlex) has approved access and disturbance to their site for this connection. 28. The City requires that domestic and fire services are separate taps from the main. line is extended from the exterior mainline and a curb stop installed. A separate curb stop is required for the domestic service and gate valve (PIV) for the fire line. 29. Where proposed watermian is being connected at the existing main, a valve will be required. At the end of the watermain extension to the northeast, add a temporary hydrant to the end for flushing. 30. Provide dimension notes from watermain to parallel sewer mains (storm and sanitary sewer); the minimum horizontal separate between mains is 10 feet. Where watermain crosses any storm sewer or sanitary sewer, add a note at each location to the effect of “Maintain 18-inch Separation, 4” Rigid Insulation”. If offsets are required where conflicts with normal watermain pipe placement occur, add appropriate details to the plans. 31. The sewer is shown to angle into the site for the proposed connection to the building. The City will require that the sewer is extended further east; set MH 01 so that it will be perpendicular to the connection into the building. The grade along the northerly property line shall be kept at minimum grade. 32. The existing sanitary manhole will need a new infi-shield installed, note as such on the plan. Add an note for all sewer manholes to add a “flex seal” or approved equal as a sealant to the interior chimney section. 33. The City does not allow service lines to be connected directly into manholes; connect the 4” service line to the proposed mainline along the northerly property line. 34. Label the pipe material/strength designation for sewer mains (i.e. SDR 35, SDR 26, etc.) and class of RCP for storm sewer. 35. Within filtration areas, extend cleanouts to the base of the slope, note rim/invert elevations. 36. Add rip-rap quantities and class notes at each flared end section and pond overflows (if applicable). City of Medina – BAPS Hindu Temple Plan Review – Engineering Review August 26, 2021 Page 4 K:\018775-000\Admin\Docs\2021-08-20 Submittal\_2021-08-26 BAPS Temple Concept Plan - WSB Comments.docx 37. On the final plans, note the sizes of the proposed storm sewer structures. Construction Details Plans (C9.01, C9.02, C9.03) 38. Utilize City of Medina standard details where applicable. 39. The pavement design/typical section shall be designed to meet the City’s standard, at minimum. The final pavement section shall be designed by a registered geotechnical engineer for the specific soil conditions found on the site and may need to include a thicker aggregate section and/or a sand section. The pavement section for the primary fire truck access route shall meet a 9-ton design. 40. A full review of standard details will be conducted with the final plat submittal. Traffic & Access 41. A review of the traffic and access implications with the proposed improvements will be provided with future submittals. Stormwater 42. The development will need to meet the appropriate watershed standards for Elm Creek Water Management Commission and the applicant shall submit for the required permits and provide copies to the City when approved. 43. The developer will need to submit a Stormwater Management Plan and modeling consistent with City’s Stormwater Design Manual. 44. The development will need to meet the City’s volume control requirement to capture and retain onsite 1.1” of runoff from the net new impervious surface. By satisfying the volume requirement the water quality requirement is considered met. Follow the City’s Stormwater Design Manual for alternative credits towards the volume requirement if infiltration is not feasible. o Refer to Medina’s Stormwater Design Manual for alternatives to infiltration and the credit given to each practice.  Filtration is credited at 50%  Currently plans are showing filtration of 25,795 cf. At 50% credit for filtration 30,438 cf will be required to be treated in the basins to meet requirements. 45. Provide unobstructed maintenance access to all ponding facilities. 46. Refer to the City’s construction detail RG-02 for filtration basins with drain tile. 47. Clearly label on the plans and include in the legend all locations that the proposed Rain Guardian Foxhole will be installed. Provide information on Operation and Maintenance specifications for future maintenance. 48. Provide information on the size, type, and slope of the proposed drain tile under the basins. 49. With final design, provide storm sewer calculations using the rational method, sizing storm sewer for the 10-yr 24-hr Atlas 14 rainfall. Provide drainage area map for storm sewer sizing and calculations City of Medina – BAPS Hindu Temple Plan Review – Engineering Review August 26, 2021 Page 5 K:\018775-000\Admin\Docs\2021-08-20 Submittal\_2021-08-26 BAPS Temple Concept Plan - WSB Comments.docx 50. Provide pretreatment for the direct storm sewer outfalls to the NURP/filtration basins in the form of 4 foot sumps per City standards 51. Maintain all surface grades within the minimum of 2% and maximum 33% slopes. Vegetated swale grades shall be 2.0% or more. If steeper slopes are being proposed along filtration basins provide information for stabilization methods to prevent erosion and ensure stabilization of soils. Wetlands 52. The concept plan shows a roadway crossing between Wetland 1 and Wetland 2. Final design should incorporate a culvert connection to maintain hydrology between these two wetlands. Complete. 53. The project proposes 722 sf of impact for the driveway crossing. The applicant has submitted a WCA application to the city and it is currently under review. The project may also require a Section 404 permit from US Army Corps of Engineers. 54. Upland buffers and buffer setbacks will be required for the project. Wetland 1 is classified as a Manage 1 based on the City’s functional classification of wetlands and requires an average 30-foot buffer (minimum 20 feet). The planned buffer shown is an average of 25 feet and minimum of 10 feet, which does not meet the City’s ordinance. Wetland 2 is classified as a Manage 2 and requires a 25-foot average buffer (minimum 20-feet). The planned average buffer shown meets the City’s ordinance. The minimum buffer (10 feet) does not meet the ordinance. The City, or agents of the City, are not responsible for errors and omissions on the submitted plans. The owner, developer, and engineer of record are fully responsible for changes or modifications required during construction to meet the City’s standards. We would be happy to discuss this review in more detail. Please contact me at 763-287-8532 if you have any questions or if you would like to set up a time to meet. Sincerely, WSB Jim Stremel, P.E. City Engineer Traffic & Access  1. Hennepin County has jurisdiction for review and approval of access to Hamel Road. The applicant has indicated that they have met with the County and after review by the County a Traffic Study will not be required and no turn lanes would be required on Hamel Road at this time with the proposed improvements. 2. Review of the anticipated traffic generation from the proposed improvement found that based on ITE rates for a church with 480 seats the site would generate, 211 average weekday trips, 10 average weekday AM Peak trips, 20 average weekday PM peak trips and 260 peak Sunday trips. The site is proposed to have 250 parking spaces which is adequate for the anticipated peak Sunday traffic generation. 3. The guiding warrant for a 40 MPH roadway with 1,500 ADT has a threshold for right and left turns of 20 vph and 25 vph respectively. Assuming an ADT on Hamel Road of 1150 vpd, the calculated peak hour right and left turns from Hamel are 11 vph and left turns 9 vph respectively. The proposed church use would not trigger the need for turn lanes on Hamel Road. Further review with a fully developed site that includes the remaining lots to the south as a business use would exceed the guiding warrants and turn lanes on Hamel Road highly recommended.   4. Should traffic safety or operations at the site driveway become an issue during peak events, the BAPS Temple will be responsible for providing temporary traffic control during the events.   SOUND THE ALARM! - 09-08-2021 - Some Hindus are now wanting to build a big temple in this area. However, be it known that God Almighty does not want false religion in our community. And as some of the people who live and/or work in this community, neither do we. Note: God does not want any kind of false religion anywhere, for that matter! There is a property on Hamel Road that is for sale. This property is, and has been, a small horse farm that is a little under twenty acres in size. It is located about 1.7 miles west of downtown Hamel, at 1400 Hamel Road. This property currently has a house, a horse barn, and a riding arena on it, and has been owned for many years by a lady named Leslie Borg. Her land sits not far from the corner of Hamel Road and Arrowhead Drive. And as of now, the Hindus would like to buy this property, and then build their big temple on it. The people who are wanting to build this heathen temple are from the BAPS Shri Swaminarayan Mandir Hindu Temple, currently located at 2300 Freeway Boulevard, Brooklyn Center, MN, 55430. Hindu gods are false gods. The real God instructs us, "Thou shalt have no other gods before me." Exodus 20:3. Also, Exodus 23:13, Judges 10:13, 2Chronicles 13:9, and Jeremiah 25:6 & 44:5. Should we be a mixed-up mess of spiritually -confused people, who do whatever seems to be right in our own eyes? Or should we be "one nation, under God," that is, the entire group of worldwide Christians who should be under the One true God (who was -and -is known as the Lord Jesus Christ). He, Jesus, "... was manifest in the flesh..." 1Timothy 3:16, and, "...God was in Christ, reconciling the world unto himself..." 2Corinthians 5:19. There is a relationship between the amount of sin* that goes on in a community, and the amount of grievous judgements that God will later allow to afflict it. (*Sin is activity that is contrary to the law of God, as is clearly defined in the holy Bible.) Just because Minneapolis, St Paul, Brooklyn Center, Brooklyn Park, Robbinsdale, and other cities in the metropolitan area have opened their doors and allowed unseemly things to establish footholds into their communities, does not mean that we who live and/or work in this Hamel/Medina area need to do likewise. .Crooked churches (such as those who claim to be Christian, but are not) are also a large part of the problem. God teaches us to not allow abortion clinics, pornography, strip clubs, prostitution, LGBT culture, fortune tellers, tattoo parlors, "haunted houses," etc., to have free rein in our land. The amount of wrath that the Lord stores up will continue to accumulate, until it reaches a certain tipping point. Subsequently, God may then allow punishing judgments to proceed that can devastate a community. Do we want anarchy, riots, fires, looting, highway shutdowns, etc., similar to what has already started to happen in Minneapolis and Brooklyn Center, to also take place in our community? Read Deuteronomy 31:17,18 and Psalms 9:17. And yet, there is still hope, if folks will repent. Take a look at Jeremiah 18:8 and 26:23. Opposing a false religion is not a cultural prejudice. Nor is it a racial prejudice. God has made all nations to spring forth from one blood - see Acts 17:26. All people are descendants of one blood, first through Adam and Eve, and later on through Noah and his family. But God is unwaveringly set against sin, and we need to be that way, also. Certain politicians, judges, etc. think that they have the authority to redefine sin, and other religions have their book or books that they consider to be holy, but all such man-made devices are not holy. Thankfully, however, political and business leaders, along with their appointees, and false religions, do not have the last word. "Thou shalt make no covenant with them, nor with their gods." See Exodus 23:32. God is still God, and sin is still sin - and we better make sure that we are on the Lord's side. Do your due diligence, and let the real God of the Bible direct you. Hindu gods will not bring prosperity, and such temples do not impress the real God. In fact, it will do just the opposite. Let us head off this trouble before it gets here, and keep the BAPS Hindu temple out of Hamel/Medina. You may want to look into the website at https ://medinamn.us/contact-us/staff-directory/, and consider what you should do. Spread this news around. Be polite, but make a strong stand for Jesus and righteousness. 1 Dusty Finke From:Bruno Silikowski <bsilikowski@automotorplex.com> Sent:Tuesday, September 14, 2021 5:20 PM To:Dusty Finke Subject:Can you print in color for the meeting - Borg Property application Medina Planning Commission    The AutoMotorPlex is a 20 acre (similar size to Borg) property with a tax base, once completed, that will exceed $55M  that doesn’t use schools or city services                ‐Risk of slowing or needing to reduce/discount the value to be able sell is real if the security (fencing) and tall  (35’) landscaping screening isn’t in place   by the incoming party                ‐AutoMotorPlex was required to do the same for the west facing property owner  The AutoMotorPlex does many regular events throughout the good weather season mostly on weekends that does  feature music and crowd sounds                 ‐Car shows                ‐Charity events                ‐Member events  Suggestions:                ‐Option to place the building on the upland portion of the property along Hamel Rd and satisfy both parties                 ‐The building is fine and certainly meets zoning but the spires are very tall (50+ feet) in relation to the 35’ height  limitation. The interpretation of avg   height is being manipulated                        AutoMotorPlex North America 2 3600 Arrowhead Dr. Medina, MN 55340 Visit us at: www.automotorplex.com   The information in this email should not be construed as investment, financial, legal, accounting, tax or other advice.  Prospective purchasers should consult their  own investment, financial, legal, accounting, tax and other counsel and advisors concerning the implications of the purchase of a unit at Medina MotorPlex.        Project Narrative for Site Plan Review Request for BAPS Hindu Temple Location: 1400 Hamel Road Medina, MN 55340 Applicant: BAPS Minneapolis LLC General Description of Request: The BAPS Temple is a premier new construction opportunity seeking to relocate this community center to Medina. Through the attached application, BAPS is requesting site plan approval for construction of one building of worship that would include a temple (mandir), dining hall, gymnasium, and one permanent residency space for the temple’s priest. The 2-story facility, of approximately 46,000 total square feet, will support the above uses and provide a great addition to the community. The property is zoned Business Park (BP) and the temple is a permitted use as confirmed during the project introduction meeting with City Planning staff on 07-13-2021. The project will consist of demolishing the existing farmhouse and barn structures, construction of the new temple building, two supporting parking lots, stormwater basins, and related utility service connections. The proposed building incorporates high quality design and a mix of Class-I Architectural materials including a large span of glass façade overlooking the wetland on the front/east side of the building. The two wetlands onsite have approved delineations from 12-22-2020 and total approximately 7.6-acres of the 19.6-acre parcel. The larger east wetland is proposed to be protected in its entirety with the site layout purposefully designed to adhere to the 10-foot minimum buffer and 25-foot average buffer design standards for protection of the wetland. There is a pinch point between the two wetlands that we’re seeking a very minor impact to the smaller west wetland which is necessary to access the development. The impact proposed is less than 1,000 square feet thereby qualifying under the “de minimis” limit of not requiring any wetland mitigation. Attached please find the supporting documentation including the preliminary site plan package with architectural floor plans and elevations. Company: The BAPS Swaminarayan Sanstha is a spiritual, volunteer-driven organization dedicated to improving society through individual growth by fostering the ideals of faith, unity, and selfless service. BAPS Hindu Temple Project Narrative Revised August 20, 2021 Page 2 Locally, we have been serving the community in the twin cities since 2003 through various activities that include Annual Walkathons, Blood donation drives, health fairs and lectures, adopt a street cleaning, etc. Hours of Operation: Mon-Sat.: 7 am to noon, 4 pm to 8 pm, Sun.: 7 am to 8 pm Landscaping & Screening: Landscape screening between the proposed parking lot and adjacent businesses will meet City minimum requirements. A variety of coniferous, deciduous, and ornamental trees will be provided throughout the site. Trees will be a hardy mix of native species and will be provided within interior parking islands to minimize the heat island effect. Shrubs and trees will wrap parking areas and create an aesthetically pleasing presentation. Signage: One monument sign is proposed at the entrance off Hamel Road to guide visitors to the temple. Lighting: Lighting will be LED on poles with concrete bases. Lighting will be in conformance with City Code. All lighting will be shielded as necessary to avoid any overlap to adjacent properties and programmable to reduce lighting during non-business hours. Traffic Impacts: There will be minor impacts to traffic flow on Hamel Road from this development. 250 total parking spaces are proposed (combined total from both parking lots). For times of peak usage, Sundays, Currently, BAPS experiences 200-250 visitors typically at their Brooklyn Center location. Otherwise from a traffic perspective, counts are very low throughout the week, and we only expect 2-3 festivals per year that would have attendance comparable to Sunday peaks. The team met and reviewed the site plan with Hennepin County on 7-22-2021 and county staff agreed the project scale and scope did not warrant a traffic study or addition of a turn lane to Hamel Road at this time. A single access is currently proposed and is located directly across the existing driveway on the opposite side of Hamel as desired by the County. We respectfully request City support for the enclosed application by BAPS Minneapolis LLC for Site Plan Review for the 1400 Hamel Road parcel depicted on the attached site plans. We look forward to reviewing this application with the City in the weeks ahead. Sincerely, Asit Waghani BAPS Minneapolis LLC Pete Moreau Sambatek, Inc. Enclosures: • Attachment A – Project Data (proposed floor plan uses and estimated water & sanitary sewer usage) • Site Plans, Floor Plans, & Colored Elevations • Stormwater Management Report PROPOSED FLOOR AREA : GROUND FLOOR : 13890 SQ.FT. SECOND FLOOR : 32200 SQ.FT. TOTAL FLOOR AREA : 46090 SQ.FT. PRAYER HALL : 8000 SQ.FT. PREIST RESIDENCE : 4440 SQ.FT. ASSEMBLY HALL : 7820 SQ.FT. GYM/ DININIG HALL : 4580 SQ.FT. KITCHEN : 3000 SQ.FT. CLASSROOMS : 9450 SQ.FT. LOBBY SERVICES & 8800 SQ.FT CIRCULATION : TOTAL : 46090 SQ.FT. FLOOR AREA CALCULATIONS PROPOSED OCCUPANTS SEATING : 480 STAFF AND VOLUNTERS : 20 TOTAL OCCUPANTS : 500 SECTION 828.151 OFF STREET PARKING STANDARDS : PARKING REQUIRED : 500 seats/4 125 PARKING PROVIDED : 250 PARKING CALCULATIONS PROJECT DATA : WATER : 75 GPM WASTE WATER : 10,720 GPD ESTIMATED WATER AND SEWER USAGE : 4 5 ATTACHMENT A - PROJECT DATA PROPOSED FLOOR AREA : GROUND FLOOR : 43780 SQ.FT SECOND FLOOR : 2200 SQ.FT. TOTAL FLOOR AREA : 45980 SQ.FT. PRAYER HALL : 6600 SQ.FT. PREIST RESIDENCE : 4440 SQ.FT. ASSEMBLY HALL : 8560 SQ.FT. GYM/ DININIG HALL : 5042 SQ.FT. KITCHEN : 1200 SQ.FT. CLASSROOMS : 8580 SQ.FT. LOBBY SERVICES & 11558 SQ.FT CIRCULATION : TOTAL : 45980 SQ.FT. FLOOR AREA CALCULATIONS PROPOSED OCCUPANTS SEATING : 480 STAFF AND VOLUNTERS : 20 TOTAL OCCUPANTS : 500 SECTION 828.151 OFF STREET PARKING STANDARDS : PARKING REQUIRED : 500 seats/4 125 PARKING PROVIDED : 250 PARKING CALCULATIONS PROJECT DATA : WATER : 75 GPM WASTE WATER : 10,720 GPD ESTIMATED WATER AND SEWER USAGE : Sep 28, 2021 - 5:07pm - User:mlarson L:\PROJECTS\50157\CAD\Civil\Sheets\50157-C1-TITLE.dwg C1.01 TITLE SHEET Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client BAPS MINNEAPOLIS LLC 2300 FREEWAY BLVD BROOKLYN CENTER, MN 55430 BAPS HINDU TEMPLE MEDINA, MN 1400 HAMEL ROAD MLL JMW PSM PRELIMINARY 08/12/2021 50157 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 08/12/202153735 Pete S. Moreau NOT F O R C O N S T R U C T I O N 8/19/21 MLL SITE PLAN REVIEW 9/1/21 MLL CITY COMMENT RESPONSE 9/28/21 MLL CITY/ECWMC COMMENT RESPONSE DEVELOPER/OWNER BAPS MINNEAPOLIS LLC 2300 FREEWAY BLVD BROOKLYN CENTER, MN 55430 TEL 952-457-9500 MC.MINNEAPOLIS@USA.BAPS.ORG CONTACT: ASIT WAGHANI ARCHITECT BHARAT PATEL ARCHITECT, INC 5057 NORTHERN LIGHTS DR GREENACRES FL, 33463 561-306-6573 BPATEL@BRPARCH.COM CONTACT: BHARAT PATEL CIVIL ENGINEER SAMBATEK 12800 WHITEWATER DRIVE, SUITE 300 MINNETONKA, MN 55343 TEL 763-476-6010 PMOREAU@SAMBATEK.COM CONTACT: PETE MOREAU LANDSCAPE ARCHITECT SAMBATEK 12800 WHITEWATER DRIVE, SUITE 300 MINNETONKA, MN 55343 TEL 763-476-6010 JWORKMAN@SAMBATEK.COM CONTACT: JOHNNIE WORKMAN SURVEYOR SAMBATEK 12800 WHITEWATER DRIVE, SUITE 300 MINNETONKA, MN 55343 TEL 763-476-6010 EWITHROW@SAMBATEK.COM CONTACT: ERIC WITHROW SHEET INDEX SHEET DESCRIPTION C1.01 TITLE SHEET 1 OF 1 ALTA-NSPS LAND TITLE SURVEY C2.01 EXISTING CONDITIONS C2.02 EXISTING CONDITIONS (350' OVERLAP) C2.03 DEMOLITION PLAN C3.01 SITE PLAN C4.01 GRADING PLAN C4.02 GRADING NOTES C5.01 PHASE I EROSION CONTROL PLAN C5.02 PHASE II EROSION CONTROL PLAN C5.03 EROSION CONTROL NOTES & DETAILS C6.01 UTILITY PLAN C9.01 DETAILS C9.02 DETAILS C9.03 DETAILS C9.04 DETAILS L1.01 TREE PRESERVATION PLAN L1.02 LANDSCAPE PLAN L1.03 LANDSCAPE SHRUB PLAN L1.04 LANDSCAPE DETAILS AND NOTES EXHIBIT A TRUCK TURN EXHIBIT EXHIBIT B PHOTOMETRIC PLAN A-201 FIRST FLOOR PLAN A-202 SECOND FLOOR PLAN A-301 ELEVATIONS A-302 ELEVATIONS for Preliminary Site Development Plans BAPS Hindu Temple BAPS Minneapolis LLC Medina, Minnesota Presented by: NO SCALE VICINITY MAP SITE CONSULTANT CONTACT LIST: N.T.S. CITY OF MEDINA SPECIFICATIONS (CURRENT) CITY ENGINEER'S ASSOCIATION OF MINNESOTA STANDARD SPECIFICATIONS (2013) MNDOT STANDARD SPECIFICATIONS FOR CONSTRUCTION (2018 EDITION) GOVERNING SPECIFICATIONS HAMEL R O A D 55 AR R O W H E A D D R 116 HACKAMORE RD 101 A-202 SECOND FLOOR PLAN A-301 ELEVATIONS A-302 ELEVATIONS 203 SITE DETAILS (TRASH ENCLOSURE) 1.SUBJECT PROPERTIES ADDRESS IS 1400 HAMEL ROAD, ITS PROPERTY IDENTIFICATION NUMBER IS 11-118-23-23-0003. 2.THE GROSS AREA OF THE SUBJECT PROPERTY IS 20.11 ACRES OR 875,873 SQUARE FEET. THE AREA AFFECTED BY RIGHT OF WAY EASEMENTS FOR THE CITY OF MEDINA AND HENNEPIN COUNTY IS 0.49 ACRES OR 21,226 SQUARE FEET. THE AREA OF THE REMAINDER IS 19.62 ACRES OR 854,647 SQUARE FEET. 3.THE SUBJECT PROPERTY IS ZONED BP - BUSINESS PARK, PER CITY OF MEDINA ONLINE ZONING MAP ACCESSED 07/30/2021. 4.THE BUILDING(S) AND EXTERIOR DIMENSIONS OF THE OUTSIDE WALL AT GROUND LEVEL ARE SHOWN ON THE SURVEY. IT MAY NOT BE THE FOUNDATION WALL. Parcel 1: The East 602 feet of the West Half of the Southwest Quarter of Section 11, Township 118, Range 23, lying North of the center line of Hamel Road Parcel 2: The East 602 feet of the part of the Southwest Quarter of the Northwest Quarter of Section 11, Township 118, Range 23, lying South of a line drawn Easterly parallel with the North line of said Southwest Quarter of the Northwest Quarter, from a point on the West line of said Southwest Quarter of the Northwest Quarter distant 528 feet Southerly from the Northwest corner of said Southwest Quarter of the Northwest Quarter of Section 11, Township 118, Range 23 Hennepin County, Minnesota Torrens Property 1.The bearing system is based on the Hennepin County coordinate system, NAD83 (1986 Adjust), with an assumed bearing of N 0° 18' 53" W for the West line of NW 1 4 , Section 11 , Township 118 , Range 23. 2.FIELD WORK WAS COMPLETED ON 07/29/2021. 1. THE VERTICAL DATUM IS BASED ON NAVD88. BENCHMARK #1 MNDOT 2722 X ELEV.=995.36 BENCHMARK #2 MNDOT 2722 AC ELEV.=992.10 DESCRIPTION PROPERTY SUMMARY BENCHMARKS SURVEY NOTES Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client BAPS MINNEAPOLIS, LLC 2300 FREEWAY BLVD, BROOKLYN CENTER, MN 55430 BAPS MANDIR IN MEDINA MEDINA, MINNESOTA 1400 HAMEL ROAD DJT 1/1 08/04/21 50157 OVERHEAD ELECTRICAL WIRE LIGHT UNDERGROUND ELECTRIC GUY ANCHOR UTILITY POLE UNDERGROUND TELEPHONE UNDERGROUND GAS WOOD FENCE BUILDING LINE CONCRETE CURB BITUMINOUS SURFACE CONCRETE SURFACE WET LAND SIGN FEMA FLOOD ZONE LINE TREE LINE FOUND MONUMENT FOUND CAST IRON MONUMENT EASEMENT LINE SETBACK LINE RESTRICTED ACCESS FOUND RIGHT-OF-WAY MONUMENT SET MONUMENT MARKED LS 47092 SECTION LINE UNDERLYING / ADJACENT LOT TIE LINE BOUNDARY LINE DEED DISTANCE(100.00) CONIFEROUS TREE TRANSFORMER BUILDING CANOPY GAS METER ELECTRIC MANHOLE ELECTRIC METER TELEPHONE PEDESTAL CABLE TV BOX GATE VALVE / HYDRANT SANITARY MANHOLE CLEAN OUT CULVERT SPOT ELEVATION CONTOUR RIGHT-OF-WAY LINE WIRE FENCE DECIDUOUS TREE NORTH SCALE IN FEET VICINITY MAP LEGEND PI N T O D R SITE TA M A R A C K D R AR R O W H E A D D R SOO L I N E R R 55 118 200100 Registration No.Date: I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed LAND SURVEYOR under the laws of the State of Minnesota. If applicable, contact us for a wet signed copy of this survey which is available upon request at Sambatek's, Minnetonka, MN office. 08/04/2147092 Jason J. Howard Sep 28, 2021 - 5:07pm - User:mlarson L:\PROJECTS\50157\CAD\Survey\Sheets\50157 -EXCON.dwg C2.02 EXISTING CONDITIONS (350' OVERLAP) – 1 0 ' T R A I L A N D D & U E A S E M E N T 20 ' D & U E A S E M E N T 20' D&U EASEMENT RELOCATE EXISTING SIGN REMOVE EXISTING BUILDINGS REMOVE EXISTING DRIVEWAYS REMOVE EXISTING FENCING (TYP)AREAS OF TEMPORARY WETLAND IMPACT FOR FENCE REMOVAL CONTRACTOR TO COORDINATE RELOCATION OF EXISTING UTILITIES REMOVE WELL PER LOCAL AUTHORITY STANDARDS 20' 20' CURB AND PAVEMENT REMOVAL FOR WATERMAIN CONNECTION. SEE SHEET C6.01 SAWCUT EDGE OF HAMEL ROAD BITUMINOUS PAVEMENT FOR PROPOSED DRIVEWAY ACCESS CONNECTION. SEE SITE PLAN C3.01 80' 198' SCALE IN FEET 0 12060 NORTH Sep 28, 2021 - 5:08pm - User:mlarson L:\PROJECTS\50157\CAD\Civil\Sheets\50157-C2-DEMO.dwg C2.03 DEMOLITION PLAN Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client BAPS MINNEAPOLIS LLC 2300 FREEWAY BLVD BROOKLYN CENTER, MN 55430 BAPS HINDU TEMPLE MEDINA, MN 1400 HAMEL ROAD MLL JMW PSM PRELIMINARY 08/12/2021 50157 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 08/12/202153735 Pete S. Moreau NOT F O R C O N S T R U C T I O N 8/19/21 MLL SITE PLAN REVIEW 9/1/21 MLL CITY COMMENT RESPONSE 9/28/21 MLL CITY/ECWMC COMMENT RESPONSE THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL D. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. LEGEND DEMOLITION NOTES UNDERGROUND GAS STONE RETAINING WALL CHAIN LINK FENCE WOOD FENCE IRON FENCE WIRE FENCE UNDERGROUND ELECTRIC UNDERGROUND CABLE TV UNDERGROUND TELEPHONE OVERHEAD ELECTRIC SANITARY SEWER FORCE MAIN WATERMAIN DRAIN TILE STORM SEWER LIGHT HYDRANT GAS METER SPRINKLER HEAD SPRINKLER VALVE GUARD RAIL HANDRAIL EDGE OF TREES TREES / SHRUBS CONCRETE GUARD POLES SIGNS CONCRETE CURB BITUMINOUS CURB BUILDING REMOVE EXISTING CHAIN LINK FENCE REMOVE EXISTING UTILITY REMOVE EXISTING REMOVE EXISTING TREE REMOVE EXISTING BUILDING REMOVE EXISTING CONCRETE PAVEMENT REMOVE EXISTING BITUMINOUS PAVEMENT SAW CUT EXIST BITUMINOUS PAVEMENT REMOVE EXIST CONCRETE CURB REMOVE EXISTING UTILITY LINE EXISTING REMOVE EXISTING LIGHT FIXTURE REMOVE EXISTING GRAVEL DRIVE REMOVE EXISTING LANDSCAPING 1.DEMOLITION NOTES ARE NOT COMPREHENSIVE. CONTRACTOR SHALL VISIT THE SITE PRIOR TO CONSTRUCTION TO OBTAIN A CLEAR UNDERSTANDING OF THE INTENDED SCOPE OF WORK. 2.THE DESIGN SHOWN IS BASED ON ENGINEER'S UNDERSTANDING OF EXISTING CONDITIONS. THE EXISTING CONDITIONS SHOWN ON THIS PLAN ARE BASED UPON ALTA AND TOPOGRAPHIC MAPPING PREPARED BY SAMBATEK DATED 08/09/2021. IF CONTRACTOR DOES NOT ACCEPT EXISTING TOPOGRAPHY AS SHOWN ON THE PLANS WITHOUT EXCEPTION, CONTRACTOR SHALL HAVE MADE, AT OWN EXPENSE, A TOPOGRAPHIC SURVEY BY A REGISTERED LAND SURVEYOR AND SUBMIT IT TO THE OWNER FOR REVIEW. 3.THE CONTRACTOR IS RESPONSIBLE FOR DEMOLITION, REMOVAL, AND DISPOSING IN A LOCATION APPROVED BY ALL GOVERNING AUTHORITIES AND IN ACCORDANCE WITH APPLICABLE CODES, OF ALL STRUCTURES, PADS, WALLS, FLUMES, FOUNDATIONS, PARKING, DRIVES, DRAINAGE STRUCTURES, UTILITIES, ETC., SUCH THAT THE IMPROVEMENTS SHOWN ON THE PLANS CAN BE CONSTRUCTED. ALL FACILITIES TO BE REMOVED SHALL BE UNDERCUT TO SUITABLE MATERIAL AND BROUGHT TO GRADE WITH SUITABLE COMPACTED FILL MATERIAL PER THE GEOTECHNICAL REPORT AND/OR GEOTECHNICAL ENGINEER. 4.CLEARING AND GRUBBING: CONTRACTOR IS RESPONSIBLE FOR REMOVING ALL DEBRIS FROM THE SITE AND DISPOSING THE DEBRIS IN A LAWFUL MANNER. CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL PERMITS REQUIRED FOR DEMOLITION AND DISPOSAL. [DELETE IF NOT APPLICABLE] 5.CONTRACTOR IS RESPONSIBLE FOR THE DISCONNECTION OF UTILITY SERVICES TO EXISTING BUILDINGS PRIOR TO DEMOLITION OF THE BUILDINGS. [DELETE IF NOT APPLICABLE] 6.CONTRACTOR IS SPECIFICALLY CAUTIONED THAT LOCATIONS OF EXISTING UTILITIES SHOWN ON THIS PLAN HAVE BEEN DETERMINED FROM INFORMATION AVAILABLE. ENGINEER ASSUMES NO RESPONSIBILITY FOR THE UTILITY MAPPING ACCURACY. PRIOR TO START OF ANY DEMOLITION ACTIVITY, THE CONTRACTOR SHALL NOTIFY UTILITY COMPANIES 48 HOURS PRIOR TO ANY EXCAVATION FOR ON-SITE LOCATIONS OF EXISTING UTILITIES. THE LOCATIONS OF UTILITIES SHALL BE OBTAINED BY THE CONTRACTOR BY CALLING MINNESOTA GOPHER STATE ONE CALL AT 800-252-1166 OR 651-454-0002. 7.THE MAPPING LOCATION OF ALL EXISTING SEWERS, PIPING, AND UTILITIES SHOWN ARE NOT TO BE INTERPRETED AS THE EXACT LOCATION, OR AS THE ONLY OBSTACLES THAT MAY OCCUR ON THE SITE. VERIFY EXISTING CONDITIONS AND PROCEED WITH CAUTION AROUND ANY ANTICIPATED FEATURES. GIVE NOTICE TO ALL UTILITY COMPANIES REGARDING DESTRUCTION AND REMOVAL OF ALL SERVICE LINES AND CAP ALL LINES BEFORE PROCEEDING WITH WORK. UTILITIES DETERMINED TO BE ABANDONED SHALL BE REMOVED IF UNDER THE BUILDING INCLUDING 10' BEYOND FOUNDATIONS. 8.CONTRACTOR SHALL COORDINATE WITH RESPECTIVE UTILITY COMPANIES PRIOR TO REMOVAL AND/OR RELOCATION OF UTILITIES. CONTRACTOR SHALL COORDINATE WITH UTILITY COMPANIES CONCERNING PORTIONS OF WORK WHICH MAY BE PERFORMED BY THE UTILITY COMPANIES' FORCES AND ANY FEES WHICH ARE TO BE PAID TO UTILITY COMPANIES FOR SERVICES. CONTRACTOR IS RESPONSIBLE FOR PAYING ALL FEES AND CHARGES. 9.ELECTRICAL, TELEPHONE, CABLE, WATER, FIBER OPTIC CABLE AND/OR GAS LINES NEEDING TO BE REMOVED OR RELOCATED SHALL BE COORDINATED WITH THE AFFECTED UTILITY COMPANY. ADEQUATE TIME SHALL BE PROVIDED FOR RELOCATION AND CLOSE COORDINATION WITH THE UTILITY COMPANY IS NECESSARY TO PROVIDE A SMOOTH TRANSITION IN UTILITY SERVICE. CONTRACTOR SHALL PAY CLOSE ATTENTION TO EXISTING UTILITIES WITHIN THE ROAD RIGHT OF WAY DURING CONSTRUCTION. 10.CONTRACTOR MUST PROTECT THE PUBLIC AT ALL TIMES WITH FENCING, BARRICADES, ENCLOSURES, ETC., TO THE BEST PRACTICES. 11.CONTINUOUS ACCESS SHALL BE MAINTAINED FOR THE SURROUNDING PROPERTIES AT ALL TIMES DURING DEMOLITION OF THE EXISTING FACILITIES. 12.PRIOR TO DEMOLITION OCCURRING, ALL EROSION CONTROL DEVICES ARE TO BE INSTALLED AND APPROVED BY THE LOCAL AUTHORITY. 13.CONTRACTOR SHALL LIMIT SAW-CUT & PAVEMENT REMOVAL TO ONLY THOSE AREAS WHERE IT IS REQUIRED AS SHOWN ON THESE CONSTRUCTION PLANS BUT IF ANY DAMAGE IS INCURRED ON ANY OF THE SURROUNDING PAVEMENT, ETC. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ITS REMOVAL AND REPAIR. 14.CONTRACTOR TO PROTECT EXISTING FEATURES WHICH ARE TO REMAIN. DAMAGE TO ANY EXISTING CONDITIONS TO REMAIN WILL BE REPLACED AT CONTRACTOR'S EXPENSE. 15.ABANDON OR REMOVE ALL SANITARY, WATER AND STORM SERVICES PER CITY STANDARDS. COORDINATE ALL WORK WITH CITY. ALL STREET RESTORATION SHALL BE COMPLETED IN COMPLIANCE WITH LOCAL STANDARDS. 16.CONTRACTOR SHALL PREPARE AND SUBMIT TO THE GOVERNING AUTHORITY A TRAFFIC AND/OR PEDESTRIAN TRAFFIC PLAN PER CITY/COUNTY/STATE STANDARDS TO BE APPROVED BY THE LOCAL GOVERNING AUTHORITY. 5 0 ' B L D G S E T B A C K 3 5 ' P R K G S E T B A C K F B B B 3 J A AA A A L M N N N N NN N RELOCATE EXISTING SIGN O 17 2 . 3 ' 172.4' ATYP TYP O 24' 9' TYP 9' TY P 30 ' 195.8' 20' TO BC 24' F F F TYP TYP I EAST WETLAND MANAGE 2 WEST WETLAND MANAGE 1 H A M E L R O A D PROPOSED BUILDING GROUND FLOOR: 43,780 SF SECOND FLOOR: 2,200 SF TOTAL: 45,980 SF FFE=1000.00 2F - EAST POND HWL100: 995.68 WQE : 994.50 BOT: 993.00 NO PARKING NO PARKING NO PARKING NO PARKING 1 0 ' T R A I L A N D D & U E A S E M E N T 20 ' D & U E A S E M E N T 20' D&U EASEMENT 3F - WEST POND HWL100: 996.75 WQE: 996.50 BOT: 995.00 1F - NORTH POND HWL100: 996.48 WQE: 994.50 BOT: 993.00 24 ' 6. 7 ' 8. 4 ' 5. 7 ' 15 . 7 ' 21.6' 10' 6 ' 5 ' SAWCUT BITUMINOUS MEET & MATCH EXISTING PAVEMENT 3' CURB TRANSITION 19.8'6 6 . 7 ' 8 0 ' SAWCUT BITUMINOUS MEET & MATCH EXISTING PAVEMENT MATCH EXISTING CURB & GUTTER P252815 3 Q O R 30' AVERAGE WETLAND BUFFER WETLAND EDGE 20' MINIMUM WETLAND BUFFER 30' AVERAGE WETLAND BUFFER WETLAND EDGE 20' MINIMUM WETLAND BUFFER PROPOSED AVERAGE WETLAND BUFFER (SEE WETLAND SUMMARY TABLE THIS SHEET) WETLAND IMPACT AREA 846 SF PROPOSED WETLAND BUFFER 25' AVERAGE WETLAND BUFFER WETLAND EDGE 20' MINIMUM WETLAND BUFFER EXTENTS OF 15' ALTERNATE MINIMUM BUFFER PROPOSED AVERAGE WETLAND BUFFER (SEE WETLAND SUMMARY TABLE THIS SHEET) 20' PARKING SETBACK 30' BUILDING SETBACK 20 26 22 10 13 13 13 7 137 9 30' BUILDING SETBACK 20' BUILDING SETBACK 1 0 ' 1 0 ' 1 0 ' 1 0 ' 2 4 ' N 19 ' 24 ' 19 ' 19 ' 24 ' 19 ' BJ 19'24'19'19'24'19' I 7' 12 ' 22 ' 30 ' B U I L D I N G S E T B A C K 20 ' P A R K I N G S E T B A C K SCALE IN FEET 0 12060 NORTH Sep 28, 2021 - 5:08pm - User:mlarson L:\PROJECTS\50157\CAD\Civil\Sheets\50157-C3-SITE.dwg C3.01 SITE PLAN Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client BAPS MINNEAPOLIS LLC 2300 FREEWAY BLVD BROOKLYN CENTER, MN 55430 BAPS HINDU TEMPLE MEDINA, MN 1400 HAMEL ROAD MLL JMW PSM PRELIMINARY 08/12/2021 50157 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 08/12/202153735 Pete S. Moreau NOT F O R C O N S T R U C T I O N 8/19/21 MLL SITE PLAN REVIEW 9/1/21 MLL CITY COMMENT RESPONSE 9/28/21 MLL CITY/ECWMC COMMENT RESPONSE 1.ALL DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT. 2.ALL DIMENSIONS SHOWN ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 3.CONTRACTOR SHALL REVIEW PAVEMENT GRADIENT AND CONSTRUCT “GUTTER OUT” WHERE WATER DRAINS AWAY FROM CURB. ALL OTHER AREAS SHALL BE CONSTRUCTED AS “GUTTER IN” CURB. COORDINATE WITH GRADING CONTRACTOR. 4.ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT. 5.ALL PARKING STALLS TO BE 9' IN WIDTH AND 18' IN LENGTH UNLESS OTHERWISE INDICATED. 6.CONTRACTOR SHALL REFER TO ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS OF EXIT PORCHES, RAMPS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDING UTILITY ENTRANCE LOCATIONS. 7.SEE ARCHITECTURAL PLANS FOR PYLON SIGN DETAILS 8.LIGHT STANDARD LOCATIONS ARE FOR REFERENCE ONLY, SITE LIGHTING PLAN IS DESIGN BUILD BY CONTRACTOR. CONTRACTOR SHALL CONFIRM LIGHT STANDARD LOCATION WITH LIGHTING VENDOR. OR SEE ARCHITECTURAL PLANS FOR LIGHT POLE FOUNDATION DETAIL AND FOR EXACT LOCATIONS OF LIGHT POLE. 9.REFER TO FINAL PLAT FOR LOT BOUNDARIES, LOT NUMBERS, LOT AREAS, AND LOT DIMENSIONS. 10.ALL GRADIENTS ON SIDEWALKS ALONG THE ADA ROUTE HAVE BEEN DESIGNED WITH A MAXIMUM LONGITUDINAL SLOPE OF 4.5%, AND A MAXIMUM CROSS SLOPE OF 1.5%. THIS IS LESS THAN THE ADA CODE MAXIMUM LONGITUDINAL SLOPE OF 5% (1:20), EXCEPT AT CURB RAMPS (1:12), AND A MAXIMUM CROSS SLOPE OF 2.00% (1:50). THE MAXIMUM DESIGN SLOPE IN ANY DIRECTION ON AN ADA PARKING STALL OR ACCESS AISLE IS 1.5%, LESS THAN THE ADA CODE MAXIMUM SLOPE IN ANY DIRECTION ON AN ADA PARKING STALL OR ACCESS AISLE OF 2.00% (1:50). THE CONTRACTOR SHALL REVIEW AND VERIFY THE GRADIENT IN THE FIELD ALONG THE ADA ROUTES PRIOR TO PLACING CONCRETE OR BITUMINOUS PAVEMENT. THE CONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY IF THERE IS A DISCREPANCY BETWEEN THE GRADIENT IN THE FIELD VERSUS THE DESIGN GRADIENT AND COORDINATE WITH GRADING CONTRACTOR. 11."NO PARKING" SIGNS SHALL BE PLACED ALONG ALL DRIVEWAYS AS REQUIRED BY CITY. 12.STREET NAMES ARE SUBJECT TO APPROVAL BY THE CITY. 13.ANY WORK WITHIN HENNEPIN COUNTY REQUIRES A HENNEPIN COUNTY PERMIT. CONTRACTOR SHALL OBTAIN APPLICABLE COUNTY PERMITS AND DOCUMENT RECEIPT TO CITY OF MEDINA. CIVIL 3D MODEL LIMITATIONS SAMBATEK'S DELIVERABLE AND GOVERNING DOCUMENTS FOR CONSTRUCTION SHALL BE A HARD COPY AND/OR PDF PLAN SHEETS. IF A CIVIL 3D MODEL IS GENERATED IN THE PROCESS OF PREPARING THE PLAN SHEETS, IT IS AS A DESIGN TOOL ONLY AND NOT AS A SEPARATE DELIVERABLE. AT THE OWNER'S REQUEST, WE WILL RELEASE OUR CIVIL 3D MODEL FOR THE CONTRACTOR'S USE. HOWEVER, ITS USE IS AT THE CONTRACTOR'S RISK AND SHALL NOT BE USED FOR STAKING OF CURB, SIDEWALK, OR OTHER HARD SURFACE IMPROVEMENTS. IF A CIVIL 3D MODEL FOR STAKING HARD SURFACE IMPROVEMENTS IS REQUIRED, WE CAN PROVIDE A SUPPLEMENTAL AGREEMENT FOR REFINEMENT AND PREPARATION OF THE CIVIL 3D MODEL. LEGEND EASEMENT CURB & GUTTER BUILDING RETAINING WALL SAWCUT LINE NUMBER OF PARKING STALLS PER ROW SIGN PIPE BOLLARD STANDARD DUTY ASPHALT PAVING HEAVY DUTY ASPHALT PAVING CONCRETE PAVING PROPERTY LIMIT EXISTINGPROPOSED KEY NOTE DEVELOPMENT SUMMARY DEVELOPMENT NOTES KEY NOTES WETLAND LIMITS TREELINE A.BUILDING, STOOPS, STAIRS (SEE ARCHITECTURAL PLANS) B.B-612 CONCRETE CURB AND GUTTER C.NOT USED D.CONCRETE APRON E.FLAT CURB SECTION F.CONCRETE SIDEWALK G.SEGMENTAL BLOCK RETAINING WALL H.ACCESSIBLE RAMP I.ACCESSIBLE STALL STRIPING J.ACCESSIBLE PARKING SIGN K.TRANSFORMER L.TRASH PAD AND 3-SIDED ENCLOSURE M.PLAYGROUND N.WETLAND BUFFER MONUMENT SIGN (EVERY 200') O.FOXHOLE RAIN GUARDIAN P.CONCRETE VALLEY GUTTER (SEE DETAIL 05, SHEET C9.02) Q.NOT USED R.RAIN GUARDIAN BUNKER XX XX THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL D. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. CONCRETE SIDEWALK AREA GROSS SITE AREA IMPERVIOUS AREA ALLOWED IMPERVIOUS AREA PROPOSED BUILDING SETBACKS FRONT YARD REAR YARD SIDE YARD PARKING SETBACKS FRONT YARD REAR YARD SIDE YARD ZONING EXISTING ZONING PROPOSED ZONING PARKING SUMMARY PARKING REQUIRED (NUMBER OF OCCUPANTS/4 = REQUIRED STALLS) PARKING PROVIDED ADA REQUIRED ADA PROVIDED 856,427 SF 19.62 AC (100) 599,499 SF 13.76 AC (70%) 160,993 SF 3.69 AC (19%) 50 FEET 30 FEET 30 FEET 50 FEET 20 FEET 20 FEET BP - BUSINESS PARK BP - BUSINESS PARK 500/4 = 125 STALLS 227 STALLS 7 STALLS 7 STALLS PAVEMENT BY OTHERS (SEE ARCHITECTURAL PLANS) PROPOSED POND WETLAND SUMMARY EAST WETLAND - MANAGE 2 AVERAGE BUFFER REQUIRED (30') AVERAGE BUFFER PROVIDED WEST WETLAND - MANAGE 1 AVERAGE BUFFER REQUIRED (25') AVERAGE BUFFER PROVIDED AREA OF WETLAND IMPACTED 52,620 SF 53,535 SF 15,084 SF 15,095 SF 846 SF PROPOSED WETLAND BUFFER WETLAND IMPACT AREA 1 0 0 5 1 0 0 4 1 0 0 6 1 0 0 7 1 0 0 8 992991 990 989 988 1 0 0 7 1 0 0 5 10 0 2 10 0 0 9 9 5 9 9 2 99 0 9 9 7 988 989 988 990 99 1 99 3 99 5 99 8 9 9 0 9 9 2 9 9 4 9 9 6 99 9 100 4 10 0 1 9 9 9 1 0 0 1 1 0 0 0 9 9 8 9 9 7 9 9 7 9 9 8 99 6 995 996 994 1000 1002 998 99 5 998 996 1003 1 0 0 3 10 0 3 1 0 0 5 1 0 0 6 1 0 0 4 1 0 0 3 1 0 0 3 1 0 0 4 1002 10 0 2 1002 1000 1002 998 1 0 0 1 1 0 0 2 1 0 0 0 10 0 0 10 0 1 10 0 4 100 3 1000 995 997 999 1002 998 997 996 99 4 9 9 2 1004 1003 1002 1000 998 996 9 9 8 1 0 0 0 10 0 2 10 0 4 1 0 0 7 1 0 0 8 1 0 1 0 1000 1001 10021003 1004 H A M E L R O A D PROPOSED BUILDING GROUND FLOOR: 43,780 SF SECOND FLOOR: 2,200 SF TOTAL: 45,980 SF FFE=1000.00 1000 9 9 9 100110021003 9 9 5 995 9 9 5 998 999 995 10 0 0 999 1 0 0 1 10 0 2 10 0 3 1 0 0 4 1 0 0 4 -2.9 % -1.9% -2 5 . 5 % -2 . 3 % - 2 . 2 % -2 . 6 % -2 . 6 % 996.71 997.15 996.74 T/W: 990.46 B/W: 998.13 T/W: 998.49 B/W: 992.07 2F - EAST POND HWL100: 995.68 WQE : 994.50 BOT: 993.00 999.36 EOF 1001.30 1000.87 1000.71 E O F 99 5 995 EO F NO PARKING NO PARKING NO PARKING NO PARKING 995 995 996 998.53 998.65 998.50 998.50 997.93 997.76 997.59 T/W: 998.82 B/W: 991.29 998.02 998.74 EOF 1000 9989 9 9 998.64 EO F -2.0% 999.00 998.74 1 0 0 0 9 9 9 10 0 1 10 0 2 10 0 3 10 0 4 100010011002100310001001 10 0 0 99899 9 10 0 1 1 0 0 2 E O F 1 0 0 1 E O F 1 0 0 2 . 2 1004.50 1003.75 1003.78 1000.20 1000.34 999.90 999.98999.23 999.07 999.88 1000.41 997.11997.39 999.78 999.90 997.22 999.68 999.67 997.81 1000.04 999.07 998.59 998.06 999.62 996.95997.43997.95 998.14998.59 -2.0% 998.60 998.79998.91 1000.00-1 . 4 % -9 . 2 % 1000.00 999.43 999.35 999.33 999.01 1000.001000.00 999.29 999.09 998.52 998.30 -7 . 6 % 1000.00 1000.00 998.09 1000.00 998.25 1000.00 998.25999.25 999.25 9 9 5 1 0 0 0 9 9 4 9 9 6 9 9 7 9 9 8 9 9 9 1 0 0 1 1 0 0 2 1 0 0 2 1 0 0 3 1 0 0 3 1 0 0 2 1 0 0 0 999.96 999.41 9 9 3 9 9 3 9 9 7 99 3 993 99 7 997.00 998.50 998.50 997.00 997.25 997.25 998.50 998.50 997.34 998.74 998.85 998.65 997.18 EOF 997.19 3F - WEST POND HWL100: 996.75 WQE: 996.50 BOT: 995.00 EO F 10 0 3 . 5 0 998.00 996.50 997.25 997.25996.50 1004.54 1002.99 1003.27 1002.62 1003.07 1002.42 1002.79 1003.71 1001.97 1001.20 1002.45 1002.65 1001.40 1002.17 1003.91 1F - NORTH POND HWL100: 996.48 WQE: 994.50 BOT: 993.00 SEE MNDOT DETAIL 3113D ON SHEET C9.02 FOR RIP RAP QUANTITY (TYP) SCALE IN FEET 0 12060 NORTH Sep 28, 2021 - 5:08pm - User:mlarson L:\PROJECTS\50157\CAD\Civil\Sheets\50157-C4-GRADE.dwg C4.01 GRADING PLAN Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client BAPS MINNEAPOLIS LLC 2300 FREEWAY BLVD BROOKLYN CENTER, MN 55430 BAPS HINDU TEMPLE MEDINA, MN 1400 HAMEL ROAD MLL JMW PSM PRELIMINARY 08/12/2021 50157 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 08/12/202153735 Pete S. Moreau NOT F O R C O N S T R U C T I O N 8/19/21 MLL SITE PLAN REVIEW 9/1/21 MLL CITY COMMENT RESPONSE 9/28/21 MLL CITY/ECWMC COMMENT RESPONSE 902.5 X 902 SPOT ELEVATION CONTOUR RIP RAP OVERFLOW ELEV. CURB & GUTTER BUILDING RETAINING WALL PROPERTY LIMIT EXISTINGPROPOSED LEGEND WETLAND LIMITS TREELINE STORM SEWER SOIL BORINGS DRAINTILE EOF 902.5 D THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL D. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. 2% MINIMUM SLOPE ON VEGETATED SWALES (TYPICAL) H A M E L R O A D PROPOSED BUILDING GROUND FLOOR: 43,780 SF SECOND FLOOR: 2,200 SF TOTAL: 45,980 SF FFE=1000.00 2F - EAST POND HWL100: 995.68 WQE : 994.50 BOT: 993.00 NO PARKING NO PARKING NO PARKING NO PARKING 1 0 ' T R A I L A N D D & U E A S E M E N T 20 ' D & U E A S E M E N T 20' D&U EASEMENT 3F - WEST POND HWL100: 996.75 WQE: 996.50 BOT: 995.00 1F - NORTH POND HWL100: 996.48 WQE: 994.50 BOT: 993.00 HYDRANT 6" GATE VALVE 8" x 6" TEE 4" DOMESTIC WATER SERICE CONNECT TO EXISTING 8" PVC C900 6" P V C C 9 0 0 HYDRANT 6" GATE VALVE 6" TEE CONNECT TO EXISTING 8" PVC C900 GREASE INTERCEPTOR INLET IE=990.80 OUTLET IE=990.55 MH 01 RE=1006.77 IE=988.19 S IE=988.19 E IE=988.09 W 163 LF -8" SDR 35 @ 0.40% 8" SANITARY SEWER SERVICE IE=991.54 N 4" SANITARY SEWER SERVICE IE=991.58 4" PVC C900 RELOCATE EXISTING HYDRANT 39 LF -4" PVC SCH 40 @ 2.00% 8"x4" WYE 8" SANITARY STUB CONNECT TO EXISTING MANHOLE IE=987.44 CONTRACTOR TO INSTALL NEW INFI-SHIELD 250' HYDRANT INFLUENCE RADIUS (TYP) 8" PVC C 9 0 0 STUB FOR FUTURE DEVELOPMENT 6" PVC C900 6" FIRE SERVICE 4" CURB STOP 6" GATE VALVE FIRE DEPARTMENT CONNECTION CONNECT TO EXISTING 8" PVC C900 TEMPORARY HYDRANT FOR FLUSHING 167 LF -8" PVC SCH 40 @ 2.00% 8" GATE VALVE COORDINATE OFFSITE IMPROVEMENTS WITH ADJACENT OWNER PIV 1 2 3 4 5 99 LF -4" SDR 35 @ 2.00% CLEANOUT RE=1002.09 IE=988.56 S IE=988.56 N SEE CROSSING TABLE ON SHEET C6.02 6 8" P V C C 9 0 0 10' 12 ' SCALE IN FEET 0 12060 NORTH Sep 28, 2021 - 5:09pm - User:mlarson L:\PROJECTS\50157\CAD\Civil\Sheets\50157-C6-UTIL.dwg C6.01 UTILITY PLAN Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client BAPS MINNEAPOLIS LLC 2300 FREEWAY BLVD BROOKLYN CENTER, MN 55430 BAPS HINDU TEMPLE MEDINA, MN 1400 HAMEL ROAD MLL JMW PSM PRELIMINARY 08/12/2021 50157 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 08/12/202153735 Pete S. Moreau NOT F O R C O N S T R U C T I O N 8/19/21 MLL SITE PLAN REVIEW 9/1/21 MLL CITY COMMENT RESPONSE 9/28/21 MLL CITY/ECWMC COMMENT RESPONSE 1.THE UTILITY IMPROVEMENTS FOR THIS PROJECT SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE "STANDARD UTILITIES SPECIFICATIONS" AS PUBLISHED BY THE CITY ENGINEERS ASSOCIATION OF MINNESOTA (CEAM), EXCEPT AS MODIFIED HEREIN. CONTRACTOR SHALL OBTAIN A COPY OF THESE SPECIFICATIONS. a.ALL UTILITIES SHALL BE CONSTRUCTED IN ACCORDANCE WITH ALL LOCAL, STATE AND FEDERAL REQUIRMENTS, INCLUDING BUT NOT LIMITED TO CITY, DEPARTMENT OF LABOR AND INDUSTRY AND MINNESOTA DEPARTMENT OF HEALTH REQUIREMENTS. b.CONTRACTOR SHALL NOT OPEN, TURN OFF, INTERFERE WITH, OR ATTACH ANY PIPE OR HOSE TO OR TAP WATERMAIN BELONGING TO THE CITY UNLESS DULY AUTHORIZED TO DO SO BY THE CITY. ANY ADVERSE CONSEQUENCES OF ANY SCHEDULED OR UNSCHEDULED DISRUPTIONS OF SERVICE TO THE PUBLIC ARE THE LIABILITY OF CONTRACTOR. c.A MINIMUM VERTICAL SEPARATION OF 18 INCHES, AND HORIZONTAL SEPARATION OF 10-FEET, BETWEEN OUTSIDE PIPE AND/OR STRUCTURE WALLS, IS REQUIRED AT ALL WATERMAIN AND SEWER MAIN (BUILDING, STORM AND SANITARY) CROSSINGS. 2.ALL MATERIALS SHALL BE AS SPECIFIED IN CEAM SPECIFICATIONS EXCEPT AS MODIFIED HEREIN. a.ALL MATERIALS SHALL COMPLY WITH THE REQUIREMENTS OF THE CITY. b.ALL SANITARY SEWER TO BE PVC SDR-35, UNLESS NOTED OTHERWISE. i. ALL SANITARY SEWER SERVICES TO BUILDING SHALL BE PVC SCH 40 CONFORMING TO ASTM D2665. ii. ALL SANITARY SEWER REQUIRE A "FLEX SEAL" OR APPROVED EQUAL AS SEALANT FOR INTERIOR CHIMNEY SECTION. c.ALL WATERMAIN TO BE DUCTILE IRON - CLASS 52, UNLESS NOTED OTHERWISE. i. ALL WATERMAIN TO HAVE 7.5-FEET OF COVER OVER TOP OF WATERMAIN. ii. PROVIDE THRUST BLOCKING AND MECHANICAL JOINT RESTRAINTS ON ALL WATERMAIN JOINTS PER CITY STANDARDS. d.ALL STORM SEWER PIPE TO BE SMOOTH INTERIOR DUAL WALL HDPE PIPE WITH WATERTIGHT GASKETS, UNLESS NOTED OTHERWISE. i. ALL STORM SEWER PIPE FOR ROOF DRAIN SERVICES TO BUILDING SHALL BE PVC SCH 40 CONFORMING TO ASTM D2665. e.RIP RAP SHALL BE Mn/DOT CLASS 3. 3.COORDINATE ALL BUILDING SERVICE CONNECTION LOCATIONS AND INVERT ELEVATIONS WITH MECHANICAL CONTRACTOR PRIOR TO CONSTRUCTION. 4.ALL BUILDING SERVICE CONNECTIONS (STORM, SANITARY, WATER) WITH FIVE FEET OR LESS COVER ARE TO BE INSULATED FROM BUILDING TO POINT WHERE 5-FEET OF COVER IS ACHIEVED. 5.CONTRACTOR SHALL TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO ADJACENT PROPERTIES DURING THE CONSTRUCTION PHASES OF THIS PROJECT. CONTRACTOR WILL BE HELD SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE ADJACENT PROPERTIES OCCURRING DURING THE CONSTRUCTION PHASES OF THIS PROJECT. 6.SAFETY NOTICE TO CONTRACTORS: IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONTRACTOR WILL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS ON THE JOB SITE, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY DURING PERFORMANCE OF THE WORK. THIS REQUIREMENT WILL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS. THE DUTY OF THE ENGINEER OR THE DEVELOPER TO CONDUCT CONSTRUCTION REVIEW OF CONTRACTOR'S PERFORMANCE IS NOT INTENDED TO INCLUDE REVIEW OF THE ADEQUACY OF CONTRACTOR'S SAFETY MEASURES IN, ON OR NEAR THE CONSTRUCTION SITE. 7.ALL AREAS OUTSIDE THE PROPERTY BOUNDARIES THAT ARE DISTURBED BY UTILITY CONSTRUCTION SHALL BE RESTORED IN KIND. SODDED AREAS SHALL BE RESTORED WITH 6 INCHES OF TOPSOIL PLACED BENEATH THE SOD. 8.CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFIC CONTROL DEVICES SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGMEN AND LIGHTS TO CONTROL THE MOVEMENT OF TRAFFIC WHERE NECESSARY. TRAFFIC CONTROL DEVICES SHALL CONFORM TO APPROPRIATE MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARDS. 9.ALL SOILS TESTING SHALL BE COMPLETED BY AN INDEPENDENT SOILS ENGINEER. EXCAVATION FOR THE PURPOSE OF REMOVING UNSTABLE OR UNSUITABLE SOILS SHALL BE COMPLETED AS REQUIRED BY THE SOILS ENGINEER. THE UTILITY BACKFILL CONSTRUCTION SHALL COMPLY WITH THE REQUIREMENTS OF THE SOILS ENGINEER. CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING ALL REQUIRED SOILS TESTS AND SOIL INSPECTIONS WITH THE SOILS ENGINEER. A GEOTECHNICAL ENGINEERING REPORT HAS BEEN COMPLETED BY:COMPANY: ADDRESS: PHONE: DATED: CONTRACTOR SHALL OBTAIN A COPY OF THIS SOILS REPORT. 10.CONTRACTOR SHALL SUBMIT 2 COPIES OF SHOP DRAWINGS FOR MANHOLE AND CATCH BASIN STRUCTURES TO SAMBATEK. CONTRACTOR SHALL ALLOW 5 WORKING DAYS FOR SHOP DRAWING REVIEW. 11.CONTRACTOR AND MATERIAL SUPPLIER SHALL DETERMINE THE MINIMUM DIAMETER REQUIRED FOR EACH STORM SEWER STRUCTURE. 12.WHERE WATERMAIN CROSSES ANY STORM OR SANITARY SEWER, MAINTAIN 18-INCH SEPARATION AND ADD 4" RIGID INSULATION TO WATERMAIN. 13.THE CITY WILL NOT BE RESPONSIBLE FOR ANY ADDITIONAL COSTS INCURRED WITH VARIATIONS IN THE UTILITY ASBUILD PLANS, ELEVATIONS, OR LOCATIONS. 14.THE CITY WILL REQUIRE TELEVISING FOR SANITARY PIPE SEWER INSTALLATION PRIOR TO ACCEPTING A WARRANTY FOR UTILITY SYSTEMS. PROVIDE AND REPORT VIDEO FILES TO THE CITY FOR REVIEW. TELEPHONE ELECTRIC GAS LINE FORCEMAIN (SAN.) EASEMENT WATERMAIN SANITARY SEWER EXISTINGPROPOSED STORM SEWER CURB & GUTTER DRAINTILE D S S SLS LEGENDUTILITY CONSTRUCTION NOTES THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL D. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. FOXHOLE RAIN GUARDIAN H A M E L R O A D PROPOSED BUILDING GROUND FLOOR: 43,780 SF SECOND FLOOR: 2,200 SF TOTAL: 45,980 SF FFE=1000.00 2F - EAST POND HWL100: 995.68 WQE : 994.50 BOT: 993.00 NO PARKING NO PARKING NO PARKING NO PARKING 1 0 ' T R A I L A N D D & U E A S E M E N T 20 ' D & U E A S E M E N T 20' D&U EASEMENT 3F - WEST POND HWL100: 996.75 WQE: 996.50 BOT: 995.00 1F - NORTH POND HWL100: 996.48 WQE: 994.50 BOT: 993.00 1 0 0 5 1 0 0 4 1 0 0 6 1 0 0 7 1 0 0 8 992991 990 989 988 1 0 0 7 1 0 0 5 10 0 2 10 0 0 9 9 5 9 9 2 99 0 9 9 7 988 989 988 990 99 1 99 3 99 5 99 8 9 9 0 9 9 2 9 9 4 9 9 6 99 9 100 4 10 0 1 9 9 9 1 0 0 1 1 0 0 0 9 9 8 9 9 7 9 9 7 9 9 8 99 6 995 996 994 1000 1002 998 99 5 998 996 1003 1 0 0 3 10 0 3 1 0 0 5 1 0 0 6 1 0 0 4 1 0 0 3 1 0 0 3 1 0 0 4 1002 10 0 2 1002 1000 1002 998 1 0 0 1 1 0 0 2 1 0 0 0 10 0 0 10 0 1 10 0 4 100 3 1000 995 997 999 1002 998 997 996 99 4 9 9 2 1004 1003 1002 1000 998 996 9 9 8 1 0 0 0 10 0 2 10 0 4 1 0 0 7 1 0 0 8 1 0 1 0 1000 1001 10021003 1004 WHITE DECORATIVE ROCK BL 3 PF 3 HT 3 3 HT1 PF 3 JL2 PF SG 2 HT 3 3 JL 2 SO 2 BS 1 PF PF 4 3 BS BL 4 3 RB 3 WP PF 1 3 WP HL 1 JL 2 JL 2 2 SO SO 2 HL 1 4 LR HL 1 3 LR 2 LR 2 LR 4 LR 3 RB 1 HL BL 4 RB 2 PF 3 PF 2 SO 5 SG 3 2 SG 1 HL 1 HL JL 2 SG 3 2 PE 2 PE 2 PE 2 PE 2 PE RB 3 2 PE PF 2 JL 1 3 RB SCALE IN FEET 0 12060 NORTH Sep 28, 2021 - 5:10pm - User:mlarson L:\PROJECTS\50157\CAD\Civil\Sheets\50157-L1-LSCP.dwg L1.02 LANDSCAPE PLAN Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client BAPS MINNEAPOLIS LLC 2300 FREEWAY BLVD BROOKLYN CENTER, MN 55430 BAPS HINDU TEMPLE MEDINA, MN 1400 HAMEL ROAD MLL JMW PSM PRELIMINARY 08/12/2021 50157 Registration No.Date: I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed LANDSCAPE ARCHITECT under the laws of the State of Minnesota. This certification is not valid unless wet signed in blue ink. If applicable, contact us for a wet signed copy of this survey which is available upon request at Sambatek, Minnetonka, MN office. 08/12/202159119 John R. Workman NOT F O R C O N S T R U C T I O N 8/19/21 MLL SITE PLAN REVIEW 9/1/21 MLL CITY COMMENT RESPONSE 9/28/21 MLL CITY/ECWMC COMMENT RESPONSE LANDSCAPE CALCULATIONS ONE OVERSTORY TREE PER 50 FT ONE ORNAMENTAL TREE PER 100 FT ONE SHRUB PER 30 FT TREE REPLACMENT REPLACEMENT INCHES FROM TREE PRESERVATION PLAN (L1.01) TOTAL TREES LEGEND EASEMENT CURB & GUTTER BUILDING RETAINING WALL SIGN PIPE BOLLARD STANDARD DUTY ASPHALT PAVING CONCRETE PAVING PROPERTY LIMIT EXISTINGPROPOSED MEDINA LANDSCAPE CODE PLANT SCHEDULE WETLAND LIMITS TREELINE PROPOSED 82 41 212 32.5" (13) 136 TREES CONCRETE SIDEWALK S S SANITARY SEWER LANDSCAPE EDING STORM SEWER WATERMAIN FORCEMAIN (SAN.) YARDDRAIN LIMITS OF DISTURBANCE D S LS REQUIRED 82 41 137 31" Overstory Deciduous Shade Trees and Coniferous Trees- A minimum of one tree per 50 feet, or fraction thereof, of lot perimeter shall be required. Deciduous trees shall not be less than 2.5 caliper inches measured four feet off ground, and coniferous trees shall not be less than six feet in height. No more than 25 percent of trees may be of a single species. Ornamental Trees- A minimum of one tree per 100 feet, or fraction thereof, of lot perimeter shall be required. Trees shall not be less than two caliper inches measured four feet off ground. No more than 25 percent of trees may be of a single species. Understory Shrubs- In addition to trees, a full compliment of understory shrubs shall be provided to complete a quality landscape treatment of the lot. The number of shrubs be less than one per 30 feet, or fraction thereof, of lot perimeter. TREES CODE BOTANICAL / COMMON NAME CONT CAL SIZE QTY SG Acer freemanii `Sienna Glen` / Sienna Glen Maple B & B 2.5"Cal 10 RB Betula nigra `Cully` TM / Heritage Birch B & B 2.5"Cal 14 HL Gleditsia triacanthos `Skyline` / Skyline Honey Locust B & B 2.5"Cal 8 SO Quercus bicolor / Swamp White Oak B & B 2.5"Cal 11 BL Tilia americana `Boulevard` / Boulevard Linden B & B 2.5"Cal 13 PE Ulmus americana `Princeton` / American Elm B & B 2.5"Cal 12 CONIFERS CODE BOTANICAL / COMMON NAME CONT CAL SIZE QTY LR Larix laricina / Tamarack B & B 6`15 BS Picea glauca densata / Black Hills Spruce B & B 6`6 WP Pinus strobus / White Pine B & B 6`6 ORN. TREES CODE BOTANICAL / COMMON NAME CONT CAL SIZE QTY HT Crataegus crus-galli `Inermis` / Thornless Hawthorn B & B 2.5"Cal 9 PF Malus x `Prairifire` / Prairifire Crab Apple B & B 2"Cal 19 JL Syringa reticulata / Japanese Tree Lilac B & B 2"Cal 13 TREE SCHEDULE SHRUBS CODE BOTANICAL / COMMON NAME CONT QTY BJ Juniperus sabina `Broadmoor` / Broadmoor Juniper 5 gal 60 PT Potentilla fruticosa `Fargo` TM / Fargo Potentilla 5 gal 43 GL Rhus aromatica `Gro-Low` / Gro-Low Fragrant Sumac 5 gal 27 AC Ribes alpinum / Alpine Currant 5 gal 51 TT Thuja occidentalis `Techny` / Techny Arborvitae 5 gal 31 GRASSES CODE BOTANICAL / COMMON NAME CONT QTY KFG Calamagrostis x acutiflora `Karl Foerster` / Feather Reed Grass 1 gal 155 PERENNIALS CODE BOTANICAL / COMMON NAME CONT QTY SBA Allium x `Summer Beauty` / Summer Beauty Allium 1 gal 58 BLF Gaillardia x grandiflora `Arizona Sun` / Blanketflower 1 gal 60 BIG Geranium x cantabrigiense `Biokovo` / Biokovo Cranesbill 1 gal 61 OBH Heuchera x `Obsidian` / Coral Bells 1 gal 124 SHRUB SCHEDULE RIP-RAP GROUND COVERS CODE BOTANICAL / COMMON NAME CONT 25-131 MNDOT Seed Mix 25-131 / Low Maintenance Fescue mix Seed 33-261 MNDOT Seed Mix 33-261 / Ponds and Wet Areas Seed 35-241 MNDOT Seed Mix 35-241 / Mesic Praire General Seed GROUNDCOVER SCHEDULE PROPOSED BUILDING GROUND FLOOR: 43,780 SF SECOND FLOOR: 2,200 SF TOTAL: 45,980 SF FFE=1000.00 NO PARKING NO PARKING NO PARKING 999 1002 998 997 996 99 4 9 9 2 1000 1001 1002 1003 1004 WHITE DECORATIVE ROCK 3 GL 4 AC 5 BJ 4 GL 5 BJ 4 BJ KFG 22 18 OBH TT 20 BJ 2 17 OBH 12 KFG 14 OBH 7 BJAC 18 24 BLF 9 KFG AC 5 BJ 10 11 BLF 59 KFG 32 OBH BJ 11 AC 16 53 KFG 28 OBH 25 BLF GL 16 BJ 16 TT 3 PT 7 15 OBH 9 BIG GL 4 TT 4 8 PTTT 4 4 ACPT 8 AC 4 HAMEL R O A D 9 9 8 1 0 0 3 PT 20 BIG 52SBA 58 SCALE IN FEET 0 4020 NORTH Sep 28, 2021 - 5:10pm - User:mlarson L:\PROJECTS\50157\CAD\Civil\Sheets\50157-L1-LSCP.dwg L1.03 LANDSCAPE SHRUB PLAN Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client BAPS MINNEAPOLIS LLC 2300 FREEWAY BLVD BROOKLYN CENTER, MN 55430 BAPS HINDU TEMPLE MEDINA, MN 1400 HAMEL ROAD MLL JMW PSM PRELIMINARY 08/12/2021 50157 Registration No.Date: I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed LANDSCAPE ARCHITECT under the laws of the State of Minnesota. This certification is not valid unless wet signed in blue ink. If applicable, contact us for a wet signed copy of this survey which is available upon request at Sambatek, Minnetonka, MN office. 08/12/202159119 John R. Workman NOT F O R C O N S T R U C T I O N 8/19/21 MLL SITE PLAN REVIEW 9/1/21 MLL CITY COMMENT RESPONSE 9/28/21 MLL CITY/ECWMC COMMENT RESPONSE BUFFER YARD LANDSCAPE SUMMARY EAST BUFFER YARD (320 LF) SOUTH BUFFER YARD (132 LF) LEGEND EASEMENT CURB & GUTTER BUILDING RETAINING WALL SIGN PIPE BOLLARD STANDARD DUTY ASPHALT PAVING CONCRETE PAVING PROPERTY LIMIT EXISTINGPROPOSED MEDINA LANDSCAPE CODE PLANT SCHEDULE WETLAND LIMITS TREELINE PROPOSED (SHRUB) 612 (TREE) 350 235 1,197 CONCRETE SIDEWALK S S SANITARY SEWER LANDSCAPE EDING STORM SEWER WATERMAIN FORCEMAIN (SAN.) YARDDRAIN LIMITS OF DISTURBANCE D S LS POINTS REQUIRED 1,197 745 Overstory Deciduous Shade Trees and Coniferous Trees- A minimum of one tree per 50 feet, or fraction thereof, of lot perimeter shall be required. Deciduous trees shall not be less than 2.5 caliper inches measured four feet off ground, and coniferous trees shall not be less than six feet in height. No more than 25 percent of trees may be of a single species. Ornamental Trees- A minimum of one tree per 100 feet, or fraction thereof, of lot perimeter shall be required. Trees shall not be less than two caliper inches measured four feet off ground. No more than 25 percent of trees may be of a single species. Understory Shrubs- In addition to trees, a full compliment of understory shrubs shall be provided to complete a quality landscape treatment of the lot. The number of shrubs be less than one per 30 feet, or fraction thereof, of lot perimeter. SHRUBS CODE BOTANICAL / COMMON NAME CONT QTY BJ Juniperus sabina `Broadmoor` / Broadmoor Juniper 5 gal 60 PT Potentilla fruticosa `Fargo` TM / Fargo Potentilla 5 gal 43 GL Rhus aromatica `Gro-Low` / Gro-Low Fragrant Sumac 5 gal 27 AC Ribes alpinum / Alpine Currant 5 gal 51 TT Thuja occidentalis `Techny` / Techny Arborvitae 5 gal 31 GRASSES CODE BOTANICAL / COMMON NAME CONT QTY KFG Calamagrostis x acutiflora `Karl Foerster` / Feather Reed Grass 1 gal 155 PERENNIALS CODE BOTANICAL / COMMON NAME CONT QTY SBA Allium x `Summer Beauty` / Summer Beauty Allium 1 gal 58 BLF Gaillardia x grandiflora `Arizona Sun` / Blanketflower 1 gal 60 BIG Geranium x cantabrigiense `Biokovo` / Biokovo Cranesbill 1 gal 61 OBH Heuchera x `Obsidian` / Coral Bells 1 gal 124 SHRUB SCHEDULE RIP-RAP PAGE 1 OF 1 Da t e : 9 / 1 0 / 2 0 2 1 Sc a l e : A S N O T E D Revisions # D a t e C o m m e n t s GENERAL NOTES: A. PULSE PRODUCTS DOES NOT ASSUME RESPONSIBILITY FOR THE INTERPRETATION OF THIS CALCULATION OR COMPLAINCE TO THE LOCAL, STATE, OR FEDERAL LIGHTNG CODES OR ORDINANCES. B. LIGHTING LAYOUT IS NOT INTENDED FOR CONSTRUCTION DOCUMENTS BUT ONLY TO ILLUSTRATE THE PERFORMANCE OF THE PRODUCT. C. ALL READINGS/CALCULATIONS SHOWN ARE SHOWN ON OBJECTS/SURFACES.ME D I N A , M N Ch e c k e d B y : J I L L Dr a w n B y : S A N D Y A N D E R S O N , L C BA P S H I N D U T E M P L E Luminaire Schedule Symbol Qty Label Arrangement LLF Calculation Summary Description Arr. Watts Lum. Lumens Label CalcType Units Avg Max Min Avg/Min Max/Min EAST PROPERTY LINE 2 AA4 Single 0.900 GARDCO ECF-S-32L-1A-NW-G2-4 MOUNT ON 20FT POLE WITH 2FTBASE 105.6 14006 Illuminance Fc 0.01 0.1 7 AA2 Single 0.900 GARDCO ECF-S-32L-1A-NW-G2-2 MOUNT ON 20FT POLE WITH 2FT BASE 105.6 0.0 N.A.N.A. NORTH PORERTY LINE Illuminance Fc 0.00 0.0 0.0 13685 N.A.N.A. SITE GROUND Illuminance Fc 0.63 6.9 0.0 N.A.N.A. SOUTH PROPERTY LINE Illuminance Fc 0.07 0.2 0.0 N.A.N.A. WEST PROPERTY LINE Illuminance Fc 0.09 0.2 6 AA52 Back-Back 0.900 GARDCO ECF-S-32L-1A-NW-G2-5W MOUNT ON 20FT POLE WITH 2FT BASE 211.2 13923 0.0 N.A.N.A. EAST PARKING Illuminance Fc 1.63 2.8 0.8 2.04 3.50 NORTH PARKING Illuminance Fc 1.43 1.9 1.2 1.19 1.58 WEST PARKING Illuminance Fc 1.65 6.2 0.7 2.36 8.86 Plan View Scale: 1 inch= 60 Ft. C O FFE=1002.00 NO PARKING NO PARKING NO PARKING NO PARKING H A M E L R O A D LORAM A D D I T I O N CIC 2067 C A P I T A LK N O L L H A M E L R O A D H C S A H 1 1 5 , P L A T 8 4 ( O L D C O R D N O 9 ) CO CO CO CO CO CO CO CO CO CO CO CO CO CO AA2 AA52AA52AA52 AA52 AA52 AA52 AA2 AA4 AA4 AA2 AA2 AA2 AA2 AA2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 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0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.4 0.7 1.0 1.3 1.6 2.1 2.4 2.3 2.4 2.4 2.0 1.6 1.4 1.3 1.2 1.0 0.9 1.0 1.1 1.1 1.0 1.0 1.0 1.0 1.0 0.9 0.9 1.0 1.0 1.0 0.9 0.8 0.9 0.1 0.1 0.0 0.1 0.2 0.7 2.5 4.8 5.4 1.3 0.4 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.2 0.3 0.5 0.8 1.2 1.7 2.2 3.1 4.5 6.3 5.9 3.5 1.5 0.6 0.3 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.4 0.7 1.0 1.3 1.7 2.1 2.5 2.7 2.6 2.4 2.0 1.7 1.5 1.4 1.3 1.2 1.2 1.3 1.4 1.4 1.3 1.2 1.2 1.2 1.2 1.1 1.1 1.2 1.3 1.2 1.1 1.0 1.0 0.8 0.5 0.3 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.8 2.9 5.6 6.5 1.2 0.5 0.2 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 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1.4 1.2 1.0 0.6 0.4 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.4 0.6 0.9 1.2 1.5 1.9 2.1 2.1 2.1 2.1 1.8 1.5 1.4 1.4 1.6 1.8 2.3 3.2 3.8 3.7 2.7 2.0 1.6 1.4 1.5 1.7 2.3 3.2 3.6 3.5 2.5 1.8 1.3 1.1 0.9 1.0 1.3 1.7 2.4 3.3 4.3 4.7 4.2 3.2 2.3 1.6 1.2 0.9 0.7 1.4 2.1 2.3 1.5 0.3 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.3 0.5 0.7 0.7 0.5 0.3 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.4 0.6 0.8 1.1 1.3 1.6 1.7 1.7 1.7 1.7 1.5 1.3 1.1 1.0 1.1 1.3 1.9 3.1 4.0 3.7 2.5 1.4 0.9 0.7 0.9 1.3 2.3 3.5 4.5 3.9 2.6 1.6 0.9 0.7 0.6 0.7 1.0 1.4 2.3 3.7 5.6 6.9 5.3 3.5 2.1 1.3 0.9 0.6 0.6 1.2 1.6 1.5 0.9 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.1 0.1 0.2 0.2 0.2 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.3 0.5 0.7 0.9 1.1 1.3 1.4 1.4 1.4 1.3 1.2 1.1 0.9 0.8 0.6 0.5 0.5 0.7 0.9 0.8 0.5 0.3 0.2 0.2 0.2 0.3 0.6 0.9 1.2 1.0 0.7 0.4 0.3 0.2 0.3 0.3 0.4 0.6 0.9 1.4 2.0 2.4 1.9 1.3 0.8 0.6 0.4 0.3 0.4 0.9 1.2 1.0 0.5 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.4 0.6 0.8 1.0 1.1 1.2 1.2 1.2 1.2 1.2 1.2 1.1 1.0 0.8 0.6 0.4 0.4 0.4 0.4 0.4 0.2 0.1 0.1 0.1 0.1 0.1 0.2 0.4 0.5 0.4 0.3 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.3 0.5 0.6 0.5 0.3 0.2 0.1 0.1 0.1 0.3 0.7 0.8 0.6 0.3 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.5 0.8 1.2 1.5 1.8 2.0 2.1 2.1 2.1 2.1 2.0 1.8 1.5 1.2 0.8 0.5 0.3 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.3 0.3 0.2 0.2 0.1 0.1 0.0 0.1 0.2 0.4 0.5 0.4 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.5 0.8 1.2 1.7 2.2 2.9 3.5 4.1 4.2 3.6 3.0 2.3 1.7 1.3 0.9 0.5 0.3 0.2 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.1 0.1 0.2 0.2 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.4 0.6 1.0 1.4 2.0 3.0 4.4 6.1 6.2 4.6 3.2 2.1 1.4 1.0 0.7 0.4 0.2 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.3 0.5 0.7 1.0 1.6 2.6 3.9 4.0 2.7 1.7 1.1 0.7 0.5 0.3 0.2 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.2 0.2 0.3 0.5 0.7 0.7 0.5 0.3 0.2 0.2 0.2 0.1 0.1 0.1 0.0 0.0 0.0 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0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1 fc 1 fc 1 fc 1 fc 0.5 fc 0.5 fc 0.5 fc 0.5 fc 0.25 fc 0.25 fc 0.25 fc 0.25 fc TYPE AA UP 33 A A 55 44 66 22 11 B B C C D D E E G G F F 4581 SF PRAYER HALL 201 5042 SF GYM / DINNING 226 1188 SF STORAGE 224 672 SF KITCHEN 222 332 SF WALK IN- COOLER 225 974 SF BOOK STORE 221 190 SF STORAGE 203 445 SF STORAGE 205 1332 SF STAGE 209 1670 SF ADDITIONAL SEATING 211 13 ' - 3 3 / 4 " 10 ' - 8 " 50 ' - 8 " 10 ' - 6 1 / 2 " 21 ' - 9 1 / 2 " 12 ' - 8 " 36 ' - 1 0 1 / 4 " 13 ' - 3 3 / 4 " 10 ' - 8 " 83 ' - 0 1 / 4 " 12 ' - 8 " 36 ' - 1 0 1 / 4 " 1006 SF VISTING PRIEST RES. 207 1034 SF PRIEST RES. 206 277 SF RESTROOMS 223155 SF OFFICE 202 128 SF CRY ROOM 212 108 SF OFFICE 214 128 SF CRY ROOM 213 108 SF OFFICE 215 24' - 4"59' - 8 3/4"61' - 0"12' - 0"71' - 4 1/4"12' - 0"65' - 11 1/4"10' - 8" 317' - 0 1/4" DROP-OFF 15 6 ' - 6 1 / 4 " 15 6 ' - 6 1 / 4 " WALKWAY I I H H 277 SF RESTROOMS 228 96 SF DONATION 229 96 SF INFO DESK 230 151 SF PANTRY 235 565 SF CLASSROOM 236416 SF CLASSROOM 237 578 SF CLASSROOM 239 1264 SF CORRIDOR 240 321 SF CLASSROOM 241 336 SF CLASSROOM 242 336 SF CLASSROOM 243 330 SF CLASSROOM 244 325 SF CLASSROOM 246 340 SF CLASSROOM 247 340 SF CLASSROOM 248 334 SF CLASSROOM 249 596 SF CLASSROOM 250 96 SF OFFICE 251 138 SF STORAGE 254 71 SF STORAGE 255 97 SF OFFICE 256 97 SF AV / IT 257 3334 SF ASSEMBLY HALL 262 297 SF STORAGE 263 603 SF ADMIN MEETING 264 102 SF RESTRM 270 648 SF CORRIDOR 271 102 SF RESTRM 272 646 SF CORRIDOR 273 259 SF GREEN RM 276 169 SF STORAGE 278125 SF GREEN RM 279 133 SF GREEN RM 280 97 SF STORAGE 281 1601 SF LOBBY 282 1822 SF CORRIDOR 283 564 SF CLASSROOM 285 547 SF CLASSROOM 286 1861 SF CORRIDOR 294 MENS RESTROOM 295 SHOES 296 SHOES 297 WOMENS RESTROOM 298 JJ KK WALKWAY WALKWAY WALKWAY SCALE DATE DRAWN PROJECT NO BH A R A T R P A T E L , A R C H I T E C T , I N C . 50 5 7 N O R T H E R N L I G H T S D R , G R E E N A C R E S , F L - 3 3 4 6 3 (P ) : 5 6 1 - 4 2 4 - 9 5 4 0 ( F ) : 5 6 1 - 3 2 7 - 2 3 7 6 ww w . b r p a r c h . c o m FL O R I D A R E G I S T E R E D F I R M , L I C . N O A A 2 6 0 0 1 9 2 3 BRP AS-SHOWN 8/ 2 0 / 2 0 2 1 1 1 : 4 9 : 1 2 A M PR O P O S E D P L A C E O F W O R S H I P 14 0 0 H A M E L R O A D ( K E S 2 0 2 0 -15 5 ) ME D I N A , M I N N E S O T A GR O U N D F L O O R P L A N A-201 08.20.2021 BA P S M I N N E A P O L I S DE S I G N D E V E L O P M E N T 2021-13 1/16" = 1'-0"1 PROPOSED GROUND FLOOR PLAN PROPOSED FLOOR AREA : GROUND FLOOR : 43780 SQ.FT SECOND FLOOR : 2200 SQ.FT. TOTAL FLOOR AREA : 45980 SQ.FT. PRAYER HALL : 6600 SQ.FT. PREIST RESIDENCE : 4440 SQ.FT. ASSEMBLY HALL : 8560 SQ.FT. GYM/ DININIG HALL : 5042 SQ.FT. KITCHEN : 1200 SQ.FT. CLASSROOMS : 8580 SQ.FT. LOBBY SERVICES & 11558 SQ.FT CIRCULATION : TOTAL : 45980 SQ.FT. FLOOR AREA CALCULATIONS PROPOSED OCCUPANTS SEATING : 480 STAFF AND VOLUNTERS : 20 TOTAL OCCUPANTS : 500 SECTION 828.151 OFF STREET PARKING STANDARDS : PARKING REQUIRED : 500 seats/4 125 PARKING PROVIDED : 250 PARKING CALCULATIONS PROJECT DATA : WATER : 75 GPM WASTE WATER : 10,720 GPD ESTIMATED WATER AND SEWER USAGE : Revisions Rev# Rev Date Description UP 21 B C 65 ' - 1 1 1 / 4 " 36' - 10 1/4" VISTING PRIEST RES. 207 PRIEST RES. 206 SCALE DATE DRAWN PROJECT NO BH A R A T R P A T E L , A R C H I T E C T , I N C . 50 5 7 N O R T H E R N L I G H T S D R , G R E E N A C R E S , F L - 3 3 4 6 3 (P ) : 5 6 1 - 4 2 4 - 9 5 4 0 ( F ) : 5 6 1 - 3 2 7 - 2 3 7 6 ww w . b r p a r c h . c o m FL O R I D A R E G I S T E R E D F I R M , L I C . N O A A 2 6 0 0 1 9 2 3 BRP AS-SHOWN 8/ 2 0 / 2 0 2 1 1 1 : 4 9 : 1 2 A M PR O P O S E D P L A C E O F W O R S H I P 14 0 0 H A M E L R O A D ( K E S 2 0 2 0 -15 5 ) ME D I N A , M I N N E S O T A SE C O N D F L O O R P L A N A-202 08.20.2021 BA P S M I N N E A P O L I S DE S I G N D E V E L O P M E N T 2021-13 Revisions Rev# Rev Date Description 1/8" = 1'-0"1 SECOND FLOOR PLAN-PRIEST RESIDENCE CHAIN -LINK GATE SYSTEM, BLACK VINYL COVERED, WITH VINYL SLATS, 1/4" THK., INDUSTRIAL STYLE, MIN. 25 YR. WARRANTY TYPE, TYP. (6" GALV. STL. GATE POST, CONC. -FILLED, SET IN PIER BELOW SLAB, TYP.) GATE SWING TO 105 DEG. IN THE OPEN POSITION SLOPED SLAB AT 1/8"/FOOT MIN. THE OUTSIDE EDGE OF THE SLAB MUST BE MAINTAINED LEVEL FOR MIN. OF 8" AS SHOWN 8" THICK CONC. SLAB W/ 18" THICKENED SLAB EDGE AT PERIMETER W/ (2) #5 RODS CONT., PROVIDE SEALER (1) YARD ROLL-OUT DUMPSTERS PROVIDED BY OWNER - RECYCLING CONTRACTED DIRECT BY OWNER 6" DIA. CONC. FILLED PIPE BOLLARDS 4'-0" HT. W/ MIN. 3'-6" BELOW GRADE SET IN CONC. MIN. 18" - SEE DETAIL TYP. BOLLARD DET. A-203 2 A-2033A-203 4 0' - 8 1 / 4 " 12 ' - 0 " 0' - 8 1 / 4 " GROUND FLOOR PLAN 12' -0" 7' - 4 " STUCCO PAINTED MATCHED BUILDING COLOURED GROUND FLOOR PLAN 12' -0" 7' - 4 " STUCCO PAINTED MATCHED BUILDING COLOURED GROUND FLOOR PLAN 12' -0" STUCCO PAINTED MATCHED BUILDING COLOURED 7' - 4 " SCALE DATE DRAW N PROJECT NO BH A R A T R P A T E L , A R C H I T E C T , IN C . 50 5 7 N O R T H E R N L I G H T S D R , G R E E N A C R E S , F L - 3 3 4 6 3 (P ) : 5 6 1 - 4 2 4 - 9 5 4 0 ( F ) : 5 6 1 - 3 2 7 - 2 3 7 6 ww w . b r p a r c h . c o m FL O R I D A R E G I S T E R E D F I R M , L I C . N O A A 2 6 0 0 1 9 2 3 BRP AS- SHOWN 01 - 0 9 - 2 0 2 1 0 8 : 3 1 : 4 8 PR O P O S E D P L A C E O F W O R S H I P 14 0 0 H A M E L R O A D ( K E S 2 0 2 0 -15 5 ) ME D I N A , M I N N E S O T A SI T E D E T A I L S A-203 07.31.2021 BA P S M I N N E A P O L I S DE S I G N D E V E L O P M E N T 2021-13 Revisions Rev# Rev Date Description 1/4" = 1'-0"1 ENLARGED DUMPSTER 1/4" = 1'-0"2 DUMPSTER ELE. -SIDE 1/4" = 1'-0"3 DUMPSTER ELE. -BACK 1/4" = 1'-0"4 DUMPSTER ELE. FRONT T.O. ASSEMBLY BLDG 34' -0" GROUND FLOOR PLAN 0' -0" 3 54 621 RES. 2ND FLR 12' -0" T.O. PARAPET 38' -0" 4' - 0 " 34 ' - 0 " J K 3 4 5 FLOOR PLAN 0' -0" T.O. ASSEMBLY BLDG 34' -0" GROUND FLOOR PLAN 0' -0" A B C D E GF T.O. PARAPET 38' -0" IH 38 ' - 0 " 34 ' - 0 " 4' - 0 " 6 7 6 3 5 2 1 MI D P T . O F S P I R E 33 ' - 0 " SCALE DATE DRAWN PROJECT NO BH A R A T R P A T E L , A R C H I T E C T , I N C . 50 5 7 N O R T H E R N L I G H T S D R , G R E E N A C R E S , F L - 3 3 4 6 3 (P ) : 5 6 1 - 4 2 4 - 9 5 4 0 ( F ) : 5 6 1 - 3 2 7 - 2 3 7 6 ww w . b r p a r c h . c o m FL O R I D A R E G I S T E R E D F I R M , L I C . N O A A 2 6 0 0 1 9 2 3 BRP AS-SHOWN 9/ 2 7 / 2 0 2 1 4 : 4 5 : 2 4 P M PR O P O S E D P L A C E O F W O R S H I P 14 0 0 H A M E L R O A D ( K E S 2 0 2 0 -15 5 ) ME D I N A , M I N N E S O T A EL E V A T I O N S A-301 07.31.2021 BA P S M I N N E A P O L I S DE S I G N D E V E L O P M E N T 2021-13 1/16" = 1'-0"1 SOUTH ELEVATION 1/16" = 1'-0"3 EAST ELEVATION Revisions Rev# Rev Date Description STUCCO BUILDING MATERIAL GLASS METAL CONCRETE TOTAL MAIN BUILDING MATERIALS AREA MATERIAL PERCENTAGE 4345 624 1941 20% 7% 45% TOTAL 9680 SQFT. SQFT. SQFT. SQFT. STUCCO BUILDING MATERIAL GLASS METAL CONCRETE TOTAL MAIN BUILDING MATERIALS AREA MATERIAL PERCENTAGE 1057 568 2132 34% 10% 16% TOTAL 6271 SQFT. SQFT. SQFT. SQFT.100% 100% 2770 28%SQFT. 2514 SQFT.40% T.O. ASSEMBLY BLDG 34' -0" GROUND FLOOR PLAN 0' -0" 3546 2 1 T.O. PARAPET 38' -0" 38 ' - 0 " T.O. CLASSROOM 16' -0" 4' - 0 " 34 ' - 0 " JK 3 6 4 3 5 T.O. ASSEMBLY BLDG 34' -0" GROUND FLOOR PLAN 0' -0" ABCDEGF T.O. PARAPET 38' -0" I H T.O. CLASSROOM 16' -0" 4' - 0 " 34 ' - 0 " 38 ' - 0 " 3 3 7 7 2 1 MI D P T . O F S P I R E 33 ' - 0 " SCALE DATE DRAWN PROJECT NO BH A R A T R P A T E L , A R C H I T E C T , I N C . 50 5 7 N O R T H E R N L I G H T S D R , G R E E N A C R E S , F L - 3 3 4 6 3 (P ) : 5 6 1 - 4 2 4 - 9 5 4 0 ( F ) : 5 6 1 - 3 2 7 - 2 3 7 6 ww w . b r p a r c h . c o m FL O R I D A R E G I S T E R E D F I R M , L I C . N O A A 2 6 0 0 1 9 2 3 BRP AS-SHOWN 9/ 2 7 / 2 0 2 1 4 : 4 5 : 3 1 P M PR O P O S E D P L A C E O F W O R S H I P 14 0 0 H A M E L R O A D ( K E S 2 0 2 0 -15 5 ) ME D I N A , M I N N E S O T A EL E V A T I O N S A-302 07.31.2021 BA P S M I N N E A P O L I S DE S I G N D E V E L O P M E N T 2021-13 1/16" = 1'-0"1 NORTH ELEVATION 1/16" = 1'-0"2 WEST ELEVATION MATERIAL LEGEND KEY VALUE DESCRIPTION 1 INDIAN DECORATIVE ELEMENT-SPIRE. PREFAB GALV. ALUMNIUM 2 INDIAN DECORATIVE ELEMENT-DOME. PREFAB GALV. ALUMNIUM 3 INDIAN DECORATIVE ELEMENT-PARAPET WALL BAND. EFIS 4 FACADE ALUMINIUM CLADDING. -KYNAR-SANDSTONE 5 ALUMINIUM STOREFRONT SYSTEM. -KYNAR-BRUSHED ALUMINIUM 6 POLYCARBOANTE FACADE PANELS. 7 PAINTED TEXTURED STUCCO. Revisions Rev# Rev Date Description STUCCO BUILDING GLASS METAL CONCRETE TOTAL MAIN BUILDING AREA MATERIAL PERCENTAGE 1105 568 495 8% 9% 16% TOTAL 6669 SQFT. SQFT. SQFT. SQFT. STUCCO BUILDING GLASS METAL CONCRETE TOTAL MAIN BUILDING AREA MATERIAL PERCENTAGE 1335 628 2371 24% 6% 13% TOTAL 10089 SQFT. SQFT. SQFT. SQFT.100% 100% 4501 67%SQFT. 5755 57%SQFT. 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 #9A Planning Department Update Page 1 of 2 October 5, 2021 City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: September 30, 2021 SUBJ: Planning Department Updates – October 5, 2021 City Council Meeting Land Use Application Review A) 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. B) 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. C) 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. D) 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. E) 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 19 meeting. F) 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. G) 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. H) 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 City Council adopted resolutions of approval, on September 21. Staff will await final plat application. Planning Department Update Page 2 of 2 October 5, 2021 City Council Meeting I) 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 City Council adopted approval documents on September 21. Staff is working with the applicant to address the conditions of approval prior to construction. J) 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 City Council adopted resolution of approval, on September 21. The application will now be closed. 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) IT Interviews – Staff met with three firms who responded to the City’s RFP for IT services. B) Uptown Hamel – Council member Reid and I attended a meeting of Uptown Hamel property owners on 9/23. Staff is drafting an RFP for a consultant to provide technical assistance on implementation. Council member Reid is also working on the branding/marketing plan with Uptown Hamel businesses. C) Arrowhead Drive/Highway 55 intersection – staff met with representatives of Arrowhead Holdings (property owner of OSI site) to coordinate the relocation of OSI’s driveway prior to construction of improvements on Arrowhead Drive. OSI has agreed to complete their driveway work in the first part of spring 2022 so that the City can contract for the street work in the summer of 2022. D) Swimming Pool Ordinance-setbacks to utilities – staff has been reviewing current regulations which require a setback of 18 feet from pools to any underground utilities, which a property owner has raised as prohibiting construction of a pool on their property. Staff intends to propose a reduction of this setback for the Planning Commission’s consideration at the October 12 meeting. E) Implicit Bias Training – staff attended a training session related to implicit bias. TO: Honorable Mayor and City Council FROM: Jason Nelson, Director of Public Safety DATE: September 30, 2021 RE: Department Updates This past two weeks I have been preparing for a Minnesota Board of Police Officer Standards and Training (POST Board) audit. This occurs every five years to ensure that agencies are complying with all the requirements imposed by statute and rule. They will be conducting an onsite review on Monday, October 4, 2021. On September 20, 2021, I brought in Booker Hodges who is the Assistant Commissioner for the Department of Public Safety to talk to all city employees about Implicit Bias. This is a topic that is required for all police officers with their POST licensing, and we were happy to also offer it to all city employees. This was good training and positive feedback was given by all departments. I have been putting the final touches on our Lexipol policy and procedure manual. Over the past month officers have been getting policies sent to them for review and we are slated to go live with Lexipol on October 1, 2021. I can’t thank Sergeant Boecker, Officers Hall and McKinley enough for all their hard work customizing this to our department’s wants and needs; this was truly a team effort. I would also like to thank the Council for approving this purchase as I truly believe this will benefit both the city and the employees in the future. Medina Celebration Day was another successful community event. I only heard positive feedback from the community members that were there to celebrate with us. It is nice to see our community come out and have a great time. City staff did a great job with this, and it again ties in with our staff adopted core value of teamwork. This is just another great example. Patrol: Patrol Updates 09-16-2021 through 09-28-2021 The following are updates from Patrol Officers between September 16, 2021, and September 28, 2021: Officers issued 50 citations and 62 warnings for various traffic offenses, responded to 2 property damage accidents, 4 welfare checks, 13 medicals, 1 suspicious call, 4 traffic complaints, 19 assists to other agencies, and 17 business/residential alarms. On 09/18/2021 around 0300 hours an officer responded to assist Corcoran PD on a weapon complaint at the Maple Hill Estates. It was reported a male was walking around the trailer park waving a gun. As officers were getting to the area a Hennepin Deputy did locate a male with a gun. Commands were given for the male to drop the gun and he complied and was taken into custody without incident. The male was found to be intoxicated and had in his possession controlled substances. He was arrested by Corcoran Police. On 09/18/2021 officer responded to the 400 block of Evergreen Road on a theft from auto report. The officer learned that credit cards were stolen from a wallet left in a vehicle and that the cards were used at the Medina Target. The suspects are believed to be same suspects from other theft from auto reports at the same location. On 09/24/2021 officer was dispatched to a welfare check in the 200 block of Cherry Hill Trail. A subject called 911 to report he did not feel safe at home and requested to be sent to the hospital. Officers were familiar with the subject who is known to have psychological issues. Officers contacted the subject who voluntarily was transported to the hospital for evaluation. On 09/24/2021 officer was dispatched to report of gunshots in the 1500 block of County Road 24. Officer was able to locate the source of the gunshots and contacted a homeowner who was legally target shooting a shotgun on his property. On 09/25/2021 officer took a phone call regarding theft of funds from a bank account. A resident reported a financial account was “hacked” and was missing nearly $53,000 from the account. The case was forwarded to Investigations. On 09/27 our Investigator received a phone call from the victim in the case who discovered that the funds were transferred to another account by accident and the money was not missing. On 09/25/2021 A vehicle was stopped by officer on Hackamore Road going 78 mph in the posted 40 mph zone. Driver said he was trying to “show off” to his passenger. Driver was cited for driving more than 20 mph over the posted speed limit. On 09/26/2021 officer stopped a vehicle for driving out of the traffic lane in the area of Highway 55 and Wichita Trail. The driver was found to have a cancelled driver’s license-inimical to public safety. He was arrested for the offense. The subject was booked at our office and brought to Hennepin County Jail. During a secondary search at Hennepin Jail, Deputies located a small baggie in his wallet that contained a small amount of suspected heroin. On 09/28/2021 officer was dispatched to a traffic complaint westbound on Highway 55 from County Road 101. It was reported a driver of a gold sedan was swerving all over the road, screaming at other drivers, got out of the car and exposed himself at another driver, and was driving reckless on the highway. Officers were able to contact the driver, who officers were familiar with from other contacts, at his residence in Loretto. He denied exposing himself to other drivers or driving reckless. The case will be forwarded to the Medina Prosecuting Attorney for possible charges stemming from the incident. Investigations: Received a call of a theft report. Victim stated that they had a large amount of money taken out of one of their accounts. After further investigation, it was determined that the bank made an error, and the victim was immediately refunded their money. In August I drafted a search warrant to have numerous electronic devices forensically analyzed. The case involved a sexual assault and suspected child pornography. I recently received some digital evidence from those devices. I am currently in the process of going through the data. The victims and suspect are known. The investigation is on-going. Received a report from Hennepin County Child Protection in reference to a stepfather who was possibly driving intoxicated while there were two teenagers in the vehicle. Investigation is on-going. Attended a two-day conference for LELS in Brooklyn Park. There are currently (14) cases assigned to investigations. 1 TO: Mayor Martin and Members of the City Council FROM: Steve Scherer, Public Works Director DATE: September 30, 2021 MEETING: October 5, 2021 SUBJECT: Public Works Update STREETS • The Highcrest Drive / Oak Circle paving project is complete and looks great. • Pioneer Trail has been striped. Minimal maintenance should be needed on this street for the next five-plus years. • Public Works completed pothole patching near the business park on the east end of Meander. • 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 • We will cut over to the new operating system at the Treatment Plant within the next two weeks and plan to be fully on board by the end of the month. We are currently running both systems parallel to identify any possible issues. • Seasonal hydrant flushing will begin during the month of October to flush the system after a long summer of use. • By the end of the month all system water in the Hamel area will flow through the treatment plant to lower the Manganese level to the MDH recommended standard. We still need to develop a mitigation plan and notify the other smaller systems at Morningside and Independence Beach. PARKS/TRAILS • We are back to work at Hunter Park installing the storm water piping for the new tennis/pickleball court. The sub cutting and tile system has been installed and the sand installation for the court is underway. • Public Works will be seeding and doing recon work at Loram next week. PERSONNEL • Greg Leuer, our Water Operator, will be recognized for 15 years at this meeting. • Our new Maintenance Worker, Jeremy Thorson, begins his career with the City on Monday, October 11th. MISCELLANEOUS • Celebration Day was a success. A recap meeting will be scheduled soon. MEMORANDUM ORDER CHECKS SEPTEMBER 21, 2021 – OCTOBER 5, 2021 052048 ADAMS PEST CONTROL INC ................................................. $149.00 052049 BEAUDRY OIL & PROPANE ................................................. $1,879.88 052050 BRAUN, RAMONA ...................................................................... $50.00 052051 COMMERCIAL ASPHALT CO. .............................................. $1,644.96 052052 DODGE OF BURNSVILLE ................................................... $27,977.00 052053 FUST, CONNIE......................................................................... $500.00 052054 HAKANSON ANDERSON ASSOCIATES I ............................ $1,000.00 052055 HODGES IV, BOOKER T ....................................................... $2,500.00 052056 JENCO PROPERTY MAINTENANCE .................................... $5,817.00 052057 KD & COMPANY RECYCLING INC .......................................... $981.51 052058 KELLY'S WRECKER SERVICE INC ........................................... $75.00 052059 KOMMAREDDY, SIVA .............................................................. $250.00 052060 LIND, KEVIN ........................................................................ $10,000.00 052061 MADER FARM LLC ............................................................. $24,502.50 052062 MN MAYORS ASSOCIATION ..................................................... $30.00 052063 OFFICE DEPOT ....................................................................... $153.08 052064 SITEONE LANDSCAPE SUPPLY LLC ....................................... $13.00 052065 SUN LIFE FINANCIAL ........................................................... $1,498.33 052066 UPSHER-SMITH LABORATORIES .......................................... $250.00 052067 SSI MN TRANCHE 1 #10322006 ........................................... $4,974.53 052068 SSI MN TRANCHE 3 #10327096 ........................................... $6,945.09 052069 ADVANCED DRAINAGE SYSTEMS ...................................... $2,830.88 052070 EHLERS & ASSOC INC. ........................................................ $3,575.00 052071 ENGEL WATER TESTING INC................................................. $450.00 052072 HENN COUNTY TAXPAYER SVCS DEPT ............................... $622.55 052073 HOLIDAY STATIONSTORES LLC ............................................ $130.00 052074 JACOBSON, NICOLE ................................................................. $21.80 052075 JIMMY'S JOHNNYS INC ........................................................... $250.00 052076 KENNEDY & GRAVEN CHARTERED ................................. $10,111.58 052077 NELSON ELECTRIC MOTOR REPAIR ................................. $1,820.00 052078 RANDY'S SANITATION INC ....................................................... $40.00 052079 ROLF ERICKSON ENTERPRISES INC ................................. $8,022.65 052080 ZAHRA SAJJAD ....................................................................... $500.00 052081 SHARMIN, SILVIA .................................................................... $250.00 052082 SHEOKAND, AKHIL ................................................................. $500.00 052083 SHI INTERNATIONAL CORP ................................................ $1,020.00 052084 SUN LIFE FINANCIAL ........................................................... $1,498.33 052085 TEGRETE CORP ................................................................... $1,580.00 052086 TIMESAVER OFFSITE ............................................................. $235.88 052087 VOGEL, NICHOLE ...................................................................... $51.96 Total Checks $124,701.51 ELECTRONIC PAYMENTS SEPTEMBER 21, 2021 – OCTOBER 5, 2021 006093E FURTHER ................................................................................... $20.00 006094E MINNESOTA, STATE OF ....................................................... $2,375.00 006095E MEDIACOM OF MN LLC ........................................................... $845.79 006096E PR PERA .............................................................................. $18,431.93 006097E PR FED/FICA ....................................................................... $18,119.92 006098E PR MN Deferred Comp ........................................................... $3,740.00 006099E PR STATE OF MINNESOTA .................................................. $4,249.16 006100E CITY OF MEDINA ........................................................................ $24.00 006101E FURTHER .............................................................................. $1,795.20 006102E MN CHILD SUPPORT PAYMENT ............................................. $235.50 006103E CENTERPOINT ENERGY ......................................................... $269.84 006104E DELTA DENTAL ..................................................................... $2,567.46 006105E GREAT AMERICA FINANCIAL SERVI ...................................... $178.95 006106E WRIGHT HENN COOP ELEC ASSN ...................................... $1,634.16 006107E VALVOLINE FLEET SERVICES ................................................ $137.92 006108E MARCO (LEASE) ....................................................................... $795.61 Total Electronic Checks $55,420.44 PAYROLL DIRECT DEPOSIT – SEPTEMBER 29, 2021 0511331 BILLMAN, JACKSON CARROLL .............................................. $679.07 0511332 COOK, JUSTIN W .................................................................... $409.80 0511333 ALTENDORF, JENNIFER L. ..................................................... $987.39 0511334 BARNHART, ERIN A. ............................................................ $2,495.57 0511335 BAUMGARDNER, COLETTE J ................................................. $489.83 0511336 BOECKER, KEVIN D. ............................................................ $2,884.35 0511337 CONVERSE, KEITH A. .......................................................... $2,334.72 0511338 DEMARS, LISA ...................................................................... $1,804.93 0511339 DINGMANN, IVAN W ................................................................ $143.25 0511340 DION, DEBRA A. ................................................................... $2,062.24 0511341 ENDE, JOSEPH..................................................................... $2,219.61 0511342 FINKE, DUSTIN D. ................................................................ $2,682.87 0511343 GALLUP, JODI M. .................................................................. $2,176.35 0511344 GLEASON, JOHN M. ............................................................. $2,671.01 0511345 GREGORY, THOMAS ........................................................... $2,476.73 0511346 HALL, DAVID M. .................................................................... $2,308.51 0511347 HANSON, JUSTIN ................................................................. $2,380.20 0511348 JACOBSON, NICOLE ............................................................... $854.25 0511349 JESSEN, JEREMIAH S. ......................................................... $2,612.01 0511350 JOHNSON, SCOTT T. ........................................................... $2,118.29 0511351 KLAERS, ANNE M. ................................................................ $1,555.86 0511352 LEUER, GREGORY J. ........................................................... $2,007.65 0511353 MCGILL, CHRISTOPHER R. ................................................. $1,583.26 0511354 MCKINLEY, JOSHUA D ......................................................... $2,111.61 0511355 NELSON, JASON .................................................................. $2,692.28 0511356 REINKING, DEREK M ........................................................... $2,531.13 0511357 SCHARF, ANDREW .............................................................. $2,395.68 0511358 SCHERER, STEVEN T. ......................................................... $2,485.63 0511359 VINCK, JOHN J ..................................................................... $1,864.75 0511360 VOGEL, NICHOLE .................................................................... $990.77 0511361 BURSCH, JEFFREY .............................................................. $1,650.37 Total Payroll Direct Deposit $58,659.97