HomeMy Public PortalAbout11.03.2021 City Council meeting packet Posted 10/28/2021 Page 1 of 1
AGENDA FOR THE REGULAR MEETING
OF THE MEDINA CITY COUNCIL
Wednesday, November 3, 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 October 19, 2021 Work Session
B. Minutes of the October 19, 2021 Regular Council Meeting
C. Minutes of the October 26, 2021 Special Council Meeting
V. CONSENT AGENDA
A. Approve Liquor License to AGH Ventures LLC (DBA X-Golf) at 304 Clydesdale Trail
B. Approve Communications System Subscriber Agreement with Hennepin County Sheriff’s Office
C. Resolution Accepting Resignation of Assistant City Administrator/City Clerk Jodi Gallup
D. Approve Updated PUD Development Agreement by and between the City of Medina and Medina
Townhome Development LLC
E. Approve Collateral Assignment and Subordination of Development Agreement by and among the
City of Medina and Medina Townhome Development LLC
F. Approve Master Services Agreement and Addendums with Solution Builders
VI. COMMENTS
A. From Citizens on Items Not on the Agenda
B. Park Commission
C. Planning Commission
VII. OLD BUSINESS
A. Interim Ordinance Authorizing a Study and Imposing a Moratorium on Rooftop Elements
Extending More than 12 Feet Above a Building
1. Resolution Authorizing Publication of Ordinance by Title and Summary
B. BAPS Minneapolis LLC – 1400 Hamel Road – Site Plan Review for Approximately 46,000
square foot Building including Assembly, Classrooms and Ancillary Spaces
VIII. NEW BUSINESS
A. Livable Communities Act – Participation in Local Housing Incentives Program
1. Resolution Electing to Participate in the Local Housing Incentives Account Program
under the Metropolitan Livable Communities Act for Calendar Years 2022 through 2030
IX. CITY ADMINISTRATOR REPORT
X. MAYOR & CITY COUNCIL REPORTS
XI. APPROVAL TO PAY BILLS
XII. 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: 135 078 578#
MEMORANDUM
TO: Medina Mayor and City Council
FROM: Scott Johnson, City Administrator
DATE OF REPORT: October 28, 2021
DATE OF MEETING: November 3, 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: 135 078 578#
V. CONSENT AGENDA
A. Approve Liquor License to AGH Ventures LLC (DBA X-Golf) at 304 Clydesdale Trail –
The applicant’s request meets city regulations and all the proper license application forms
and payment have been submitted. Staff recommends approval of a liquor license to
AGH Ventures LLC at 304 Clydesdale Trail.
See attached memo.
B. Approve Communications System Subscriber Agreement with Hennepin County
Sheriff’s Office – The agreement with Hennepin County covers public safety
communications for the Medina Police Department. Staff recommends approval.
See attached agreement.
C. Resolution Accepting Resignation of Assistant City Administrator/City Clerk Jodi Gallup
– Assistant City Administrator Jodi Gallup will be leaving employment with the City of
Medina to work as the City Clerk/Administrative Coordinator with the City of Plymouth.
She has submitted a letter of resignation with the City of Medina effective November 3,
2021. Staff recommends approval.
See attached resolution and letter.
D. Approve Updated PUD Development Agreement by and between the City of Medina and
Medina Townhome Development LLC
E. Approve Collateral Assignment and Subordination of Development Agreement by and
among the City of Medina and Medina Townhome Development LLC – The developer’s
lawyer proposed changes to the language of the Development Agreement after it was
approved by the Council. The City Attorney reviewed the language, made adjustments
and staff recommends approval of the amended document. The primary change is to the
indemnity language on page 11. The developer’s lender has requested that the City
execute a Collateral Assignment and Subordination agreement pertaining to the
2
development agreement as well. The City Attorney reviewed and updated the agreement
in discussion with the lender. Staff recommends approval of the documents in agenda
items 5D & 5E.
See attached agreements.
F. Approve Master Services Agreement and Addendums with Solution Builders – Staff has
been in the process for the last few months to find a replacement Managed IT vendor.
The City received quotes from four qualified vendors, interviewed the top three
proposals, and conducted final interviews with the top two vendors. Staff is confident
Solution Builders will be able to serve the City of Medina’s needs for Managed IT
services. Staff recommends approval of the Master Services Agreement and Addendums
with Solution Builders.
See attached agreement and addendum.
VII. OLD BUSINESS
A. Interim Ordinance Authorizing a Study and Imposing a Moratorium on Rooftop Elements
Extending More than 12 Feet Above a Building - At the October 19 meeting, the City
Council directed staff to prepare an interim ordinance pertaining to elements which
extend above the roof of a structure. The City Attorney has prepared the attached interim
ordinance in consultation with City staff of Council’s review. The interim ordinance
would prohibit approval or construction of any rooftop element extending more than 12
feet above a roof upon which it sits.
See attached memo, interim ordinance, and resolution.
Potential Motion # 1: Move to adopt the interim ordinance authorizing a study and
imposing a moratorium related to rooftop elements extending more than 12 feet above a
building
Potential Motion # 2: (a) (If 4 members present) Move to adopt the resolution authorizing
publication by title and summary.
(b) (If 4 members are not present) Move to direct staff to present resolution authorizing
publication by title and summary for action at the November 16 meeting.
B. 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 City Council reviewed the application at their
October 5th and 19th meetings. The applicant has updated their plans to remove most of
the rooftop elements proposed on the building. A four-foot parapet wall is proposed on
portions of the building. If the Council adopts the interim ordinance as drafted, the
applicant is requesting approval of the Site Plan Review based upon their updated
architectural plans.
3
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.
VIII. NEW BUSINESS
A. Livable Communities Act – Participation in Local Housing Incentives Program –
Communities which are enrolled in the Local Housing Incentives Program (LHIP) of the
LCA as of November 15 are eligible for the programs the following year. The City of
Medina elected to enroll in LHIP in the previous 10-year cycle from 2010-2020. Staff
recommends the City continue to elect to participate in the Livable Communities Act
LHIP.
See attached report and resolution.
Potential Motion: Move to adopt resolution electing to participate in the Local Housing
Incentives Account Program under the Metropolitan Livable Communities Act.
XI. APPROVAL TO PAY BILLS
Recommended Motion: Motion to approve the bills, EFT 006117E-006147E for $112,883.13
and order check numbers 052123-052240 for $1,198,908.28, and payroll EFT 0511397-0511425
for $54,228.00.
INFORMATION PACKET:
Planning Department Update
Police Department Update
Public Works Department Update
Claims List
Medina City Council Special Meeting Minutes 1
October 19, 2021
MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF
OCTOBER 19, 2021
The City Council of Medina, Minnesota met in special session on October 19, 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, Assistant City Administrator
Jodi Gallup, Finance Director Erin Barnhart, Public Safety Director Jason Nelson, City
Attorney Ron Batty and Planning Director Dusty Finke
II. Special Assessment Policy Summary
Public Works Director Steve Scherer presented information on dead end public streets
(which accounted for approximately 9% of Medina’s roads), discussed the history of the
assessment policy and the advantages of keeping the assessment portion at 50% for
projects.
The Mayor and Council thought the current policy was fair. Finance Director Erin
Barnhart explained that assessment payments are usually between 7 to 15 years
depending on the scope of the project. Two points above the current interest rate is
charged for the assessment based on the current view of our consultant.
Staff was directed by the City Council to build into future private road agreements a
provision to permit the City to repair and assess private roads for public safety reasons.
The City Council discussed the use of video screens during future virtual meetings.
Direction was given to drop the idea of using video screens during future virtual
meetings. Council Member Albers agreed to run the November 3rd Council Meeting
because Mayor Martin and Council Member DesLauriers will not be able to attend.
III. Adjournment
Martin closed the meeting at 6:28 p.m.
_________________________
Kathleen Martin, Mayor
Attest:
____________________________
Scott T. Johnson, City Administrator
Medina City Council Meeting Minutes 1
October 19, 2021
DRAFT 1
2
MEDINA CITY COUNCIL MEETING MINUTES OF OCTOBER 19, 2021 3
4
The City Council of Medina, Minnesota met in regular session on October 19, 2021 at 5
7:00 p.m. in the City Hall Chambers. Mayor Martin presided. 6
7
Martin read a statement explaining that the meeting is being held virtually due to the 8
ongoing pandemic and reviewed instructions for public participation. 9
10
I. ROLL CALL 11
12
Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid. 13
14
Members absent: None. 15
16
Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi 17
Gallup, City Attorney Ron Batty, Finance Director Erin Barnhart, City Engineer Jim 18
Stremel, City Planning Director Dusty Finke, Public Works Director Steve Scherer, and 19
Chief of Police Jason Nelson. 20
21
II. PLEDGE OF ALLEGIANCE (7:03 p.m.) 22
23
III. ADDITIONS TO THE AGENDA (7:04 p.m.) 24
The agenda was approved as presented. 25
26
IV. APPROVAL OF MINUTES (7:04 p.m.) 27
28
A. Approval of the October 5, 2021 Regular City Council Meeting Minutes 29
Johnson stated that prior to the meeting Johnson distributed proposed changes to the 30
minutes that she submitted. 31
32
Moved by Martin, seconded by DesLauriers, to approve the October 5, 2021 regular City 33
Council meeting minutes as amended. 34
35
A roll call vote was performed: 36
37
DesLauriers aye 38
Albers aye 39
Cavanaugh aye 40
Reid aye 41
Martin aye 42
43
Motion passed unanimously. 44
45
V. CONSENT AGENDA (7:06 p.m.) 46
47
A. Resolution No. 2021-69 Certifying Delinquent Utility Charges to the 48
Hennepin County Auditor for Collection in 2022 49
B. Resolution No. 2021-70 Certifying Delinquent Storm Water Utility Charges 50
to the Hennepin County Auditor for Collection in 2022 51
Medina City Council Meeting Minutes 2
October 19, 2021
C. Approve Joint Power Agreement Between Hennepin County and Cities of 1
Corcoran, Deephaven, Medina, Minnetrista, Orono, South Lake Minnetonka, 2
and Wayzata 3
D. Approve Proposal for Feasibility Study for Water Treatment Plant 4
Improvements 5
E. Approve Work Completion and Escrow Agreement for Property located at 6
4650 Maple Street 7
Moved by Cavanaugh, seconded by DesLauriers, to approve the consent agenda. 8
9
A roll call vote was performed: 10
11
DesLauriers aye 12
Albers aye 13
Cavanaugh aye 14
Reid aye 15
Martin aye 16
17
Motion passed unanimously. 18
19
VI. COMMENTS (7:07 p.m.) 20
21
A. Comments from Citizens on Items not on the Agenda 22
There were none. 23
24
B. Park Commission 25
Scherer reported that the Park Commission will meet the following night to discuss the 26
Lifestyle Auto Condos regarding park dedication and continue the Lakeshore Park 27
concept plan review. 28
29
C. Planning Commission 30
Finke reported that the Planning Commission met the previous week to hold three public 31
hearings. He stated that the Commission considered the Lifestyle Auto Condo PUD 32
Concept Plan noting that the Commission questioned whether that type of development 33
would align with the future vision of the area. He stated that the Commission also 34
considered the sign ordinance amendments which are on the Council agenda tonight, 35
recommending approval of the amendments with the noted changes. He noted that the 36
Commission also reviewed the ordinance amendment related to the swimming pool 37
setback from utilities and recommended approval. 38
39
VII. PRESENTATIONS 40
41
A. Resolution No. 2021-71 Recognizing Public Works Operator Greg Leuer for 42
15 Years of Service to the City of Medina (7:11 p.m.) 43
Martin read aloud the draft resolution recognizing Public Works Operator Greg Leuer for 44
15 years of service to the City of Medina. She thanked him for his service and for the 45
great work that he does. She commented that residents have commented on what a 46
pleasure it is to work with Leuer when they experience a problem with water. 47
48
Scherer stated that he has worked with Leuer since he joined Medina and recognizes 49
the importance of Leuer’s job. He stated that Leuer does a great job promoting the 50
quality of the water he delivers and addressing any problems that arise. He stated that 51
Medina City Council Meeting Minutes 3
October 19, 2021
Leuer always conducts himself well and assists in snowplowing or with road projects 1
when needed. He stated that he appreciates having Leuer on the team, noting that 2
Leuer answers his phone at all times of the day and night to provide assistance. 3
4
Leuer thanked Martin and Scherer for the kind words. He stated that he truly enjoys the 5
work that he does. 6
7
Martin stated that Leuer will be presented with a formal copy of the resolution along with 8
a token of appreciation. 9
10
Moved by DesLauriers, seconded by Martin, to adopt resolution no. 2021-71 recognizing 11
Public Works Water Operator Greg Leuer for 15 years of service to the City of Medina. 12
13
A roll call vote was performed: 14
15
DesLauriers aye 16
Albers aye 17
Cavanaugh aye 18
Reid aye 19
Martin aye 20
21
Motion passed unanimously. 22
23
B. Long Lake Waters Association – Carp Removal Project Update (7:18 p.m.) 24
Johnson stated that the Long Lake Water Association has been working with the 25
neighboring cities to remove carp from Long Lake. 26
27
Ann Marie Grewal thanked Medina for partnering with the Long Lake Waters Association 28
and the cities of Orono and Long Lake in attempting to address water quality issues. 29
She stated that this past year they have focused on carp, which has an impact on water 30
quality. She invited anyone interested to attend a virtual annual meeting of the 31
Association on November 11th, where a more formal presentation will be provided. She 32
explained that the process began in 2018 with a survey to count fish around the 33
perimeter of the lake, which estimated 18,000 carp. She reported that level is five times 34
above the threshold at which water quality is impacted. She stated that the Minnehaha 35
Creek Watershed District initiated a tagging and monitoring program in 2019 in an 36
attempt to determine movement of the carp. She stated that they found that the fish in 37
Long Lake tend to stay in Long Lake. She stated that in 2020 they engaged with Carp 38
Solutions to review the movement and for the organization to make recommendations on 39
how to best reduce the carp population. She stated that they again engaged Carp 40
Solutions in 2021 and the box netting removal process was proposed. She stated that 41
two nets were installed in June on the east and west sides of the lake and provided an 42
update on that process. She stated that three hauls were completed on both nets 43
resulting in a total of 1,100 carp were removed. She summarized the results of the carp 44
removal that was completed through box netting. She advised that through this process 45
they were able to refine the original estimate to a much lower number of about 6,000. 46
She explained that the carp in Long Lake congregate around the perimeter and not the 47
middle, therefore the original method of calculating the total number of fish was 48
incorrect. She stated that it is encouraging that the work they are doing to remove carp 49
will provide a material difference and the population can continue to be reduced to a 50
point where the carp are not impacting water quality. 51
Medina City Council Meeting Minutes 4
October 19, 2021
1
Martin thanked Grewal for the presentation. 2
3
Albers asked the long-term solution. He stated that while it is great to reduce the 4
number of adult carp, he would be interested in whether there are recommendations to 5
address spawning. 6
7
Grewal stated that it is her understanding that there are very few juvenile carp coming 8
back into Long Lake. She commented that the weir has been successful in preventing 9
the carp from coming into Long Lake to spawn. She noted that the carp will be tracked 10
in their spawning area near County Road 6 and will plan to address that spawning area 11
as well. 12
13
VIII. OLD BUSINESS 14
15
A. BAPS Minneapolis LLC – 1400 Hamel Road – Site Plan Review for 16
Approximately 46,000 Square Foot Building including Assembly, 17
Classrooms, and Ancillary Spaces (7:37 p.m.) 18
Johnson stated that this item was tabled from the October 5th meeting where the 19
application was reviewed and direction was provided for staff to work with the applicant 20
to provide additional details related to landscaping, details about the spires, and how 21
those elements related to the City’s building height regulation. 22
23
Finke displayed the updated landscaping plan, noting that 13 additional trees were 24
added to the western property line. He stated that the plan does meet and exceed the 25
requirements of the business park zoning district. He stated that if additional 26
landscaping is desired for the west, they could be relocated from other areas of the site, 27
but staff would not recommend additional landscaping be added. He stated that 28
additional renderings were provided of the spires and included in the staff report. He 29
provided details on the maximum building heights within the zoning district and how that 30
is calculated pertaining to the roof structure. He stated that the report includes potential 31
interpretations of how the spires could be treated and considered. He stated that staff 32
felt it would be reasonable to conclude that the spires are not specifically addressed 33
within the definition of building height as they are not a functional part of the roof but 34
instead an architectural element. He stated that if there is no allowance for architectural 35
elements to exceed the building height, perhaps the City not allow for those elements to 36
exceed the building height. He explained that interpretation would not follow past 37
practices and provided examples. He stated that it would be fair to say that these 38
elements exceed further past the roof line than other architectural elements and may be 39
larger than other elements with the exception of the bell tower and steeples are two 40
churches noting that those elements predate that height requirements of the City. He 41
stated that the Council could determine that a review and update of the zoning code 42
would be necessary in order to address architectural elements and advised that a 43
moratorium could be enacted to allow time to address the issue along with an interim 44
ordinance. He stated that if the current regulations are used, staff would recommend 45
approval of the request. He stated that if the Council feels that additional study is 46
needed, staff would suggest an interim ordinance. 47
48
Steven Graffunder, attorney representing applicant, stated that he has been working with 49
BAPS for the past few years in their search for a site to be a potential new home for 50
them. He stated that the organization has been located in a one level building in 51
Medina City Council Meeting Minutes 5
October 19, 2021
Brooklyn Park that was previously a Salvation Army, so not the ideal religious institution 1
site. He recognized that there has been a lot of discussion about the spires, noting that 2
the proposal calls for three spires. He stated that only the middle spire would be at the 3
height of 50 feet, while the other two would be of lesser height. He stated that the spires 4
have religious significance to BAPS and are not just decorative. He stated that updated 5
renderings were provided along with photographs of similarly designed facilities in other 6
locations. He stated that he agrees that there is no specific permission or prohibition 7
within the City Code of Medina. He stated that he looked at the zoning ordinances of 8
neighboring communities. He reviewed details of a similar temple in Maple Grove and 9
noted that the code for that City exempts church spires from the height calculation. He 10
stated that Corcoran and Wayzata would also allow spires of that height. He stated that 11
the staff report mentioned flags, noting that the flags also have religious significance to 12
BAPS. He stated that if the flags are moved, they lose that religious significance. He 13
stated that the flags are not located on freestanding poles and are instead located on the 14
top of the spires. He stated that they are seeking approval tonight from the Council. He 15
stated that they would not want a moratorium or for the request to continue to be tabled. 16
He stated that the landscaping was discussed at the last meeting and additional trees 17
were added along the western boundary. He stated that it is Hindu heritage month in the 18
State of Minnesota, and this would be the perfect time for Medina to reaffirm its 19
commitment to diversity and inclusivity by approving this Hindu temple and providing a 20
permanent home for BAPS. 21
22
Martin commented that in her opinion, this is not an issue of diversity or inclusion. She 23
stated that the members of the Council are very inclusive and have an appreciation for 24
diversity and religious expression. She stated that this is an issue of the building code 25
and what is permitted in the business park zoning district. 26
27
Albers echoed the comments of Martin. He stated that he did not appreciate the 28
comment included in the narrative from the applicant, as it seemed to imply that the City 29
was not committed to diversity and inclusion. 30
31
Martin commented that she believed that it was helpful to see the deep dive into the 32
zoning code from staff. She stated that the applicant stated that these are not just 33
architectural features but intrical to dedicating the building as a place of worship. She 34
stated therefore perhaps these are a part of the building and subject to the height 35
requirement. 36
37
Graffunder replied that when reviewing other communities, church spires are not 38
included in building height calculations. He stated that steeples and bell towers are just 39
as important for Christian churches as the spires are for a Hindu temple. 40
41
Martin clarified that the Medina code does not speak directly to that issue and therefore 42
what other communities consider is not germane to this situation. 43
44
Graffunder stated that when studying an issue, staff review the ordinances of other 45
cities. 46
47
Martin stated that if they were to go to a moratorium they would review the ordinances of 48
other cities, not just those mentioned by the applicant. She stated that she was also 49
struck by the signage discussion. She stated that the applicant stated at the last 50
meeting that certain features are used to identify the structure as a place of worship. 51
Medina City Council Meeting Minutes 6
October 19, 2021
She stated that she was then struck by the definition of a roof sign and perhaps the 1
spires are more like signs than part of the building. 2
3
Graffunder stated that is an overly broad interpretation of the sign ordinance to say the 4
spires are signs. He stated that the average person would not consider a spire to be a 5
sign. 6
7
Martin stated that if the issue were to be studied further, she would want additional 8
information on when elements are allowed and when they are not. 9
10
Batty stated that whether the spires or flags have religious significance is irrelevant. He 11
stated that when dealing with religious institutions there is federal law, RLUIPA, that the 12
City also must be cognizant of, which is intended to prevent discrimination against 13
religious institutions. He stated that while that law is meant to ensure religious 14
institutions are not treated unfairly, it also means that those institutions must be treated 15
the same as other applicants. He believed that the spires and flags should be treated as 16
architectural elements, which is not currently defined in the City Code. He stated that 17
while many communities have exemptions for spires, steeples and other church 18
features, the Medina Code currently does not have that exemption. He stated that a lot 19
of time and effort has been put into this review by staff. It was determined that the spires 20
would not be considered to be part of the roof and there is no provision in the Code that 21
currently deals with these features. He stated that the Council must determine how it 22
would handle this decision. He stated that the decision could be made to state that there 23
is no prohibition against the features at this time. He stated that the Council could also 24
direct staff to prepare a moratorium in order to study these issues and determine 25
whether the ordinance should be revised. He stated that action would then be taken on 26
the application after the study process is completed. 27
28
Martin stated that even if the Council moves forward with approval, the Council could still 29
begin working on addressing how architectural features should be restricted, approved, 30
or considered in various zoning districts. She commented that there have been 31
significant additions to the landscaping plan and asked for comments from the Council 32
as to whether the landscaping is acceptable. 33
34
Albers agreed and applauded the applicant for adding those elements. 35
36
Cavanaugh agreed with the comments of Albers. 37
38
Reid stated that she was also happy with the additions. 39
40
DesLauriers commented that he appreciates that the applicant added the 13 trees and 41
went above the requirements on landscaping. 42
43
Martin agreed. She stated that she would conclude that the spires are not specifically 44
addressed with the Code and confirmed the agreement of the other members of the 45
Council. She reviewed the three possible actions the Council could choose. She asked 46
if any members of the Council agreed with the possible finding that the spires could not 47
exceed the building height of 35 feet. 48
49
Albers commented that he did not agree with that. 50
51
Medina City Council Meeting Minutes 7
October 19, 2021
DesLauriers commented that he would also not agree, as there are architectural 1
elements that exceed allowed building height throughout the City. He stated that in the 2
previous review most of the discussion of the spires was related to height and the 3
conclusion that they did meet City Code. He stated that in the new renderings the flags 4
have been added and asked the height of those flags. 5
6
Graffunder replied that he understands the flags to be an additional three feet above the 7
spires. 8
9
Martin commented that the flags were shown on previous renderings but confirmed that 10
the discussion focused on the height of the spires. She noted that the City also has a 11
flagpole ordinance and as she understands it, a flagpole cannot exceed 50 feet in height. 12
13
Finke commented that the ordinance actually has a maximum height of 40 feet and no 14
more than three flags. He stated that condition has been added to the recommended 15
conditions. 16
17
DesLauriers asked if the flag, as shown, would be 50 feet or 53 feet. 18
19
Finke stated that as shown the height would be 53 feet. He stated that the applicant has 20
since lowered the two side spires but was unsure of the height. He stated that the staff 21
recommendation would require the flags to be no taller than 40 feet. 22
23
Reid commented that she does not believe the City needs to apply the first option, 24
requiring the spires to be no taller than the allowed building height. She commented that 25
this is an unusual situation, and the City has other unusual situations, such as church 26
steeples. 27
28
Cavanaugh agreed that the application requiring a height of no taller than 35 feet for 29
spires would be appropriate in this situation. 30
31
Martin reviewed the other two options the Council could proceed with, to enact a 32
moratorium and study how these building elements would be regulated, applying the 33
conclusions to this application or to approve the site plan as presented subject to the 18 34
conditions within the staff report. She noted that if approved, the Council could still 35
choose to study the topic further. She asked the preference of the Council. 36
37
Cavanaugh stated that he would tend to approve the request tonight and then take a 38
deeper look into the topic. 39
40
Albers commented that he would lean more towards the moratorium to study the issue 41
further and find conclusions prior to consideration of this application. He stated that if 42
approved, this would set precedent. 43
44
DesLauriers agreed with the comments of Albers and supported that position as well. 45
46
Reid stated that she would be comfortable approving the request tonight. She did not 47
believe this was a big enough issue on future or past projects that a moratorium would 48
be needed. She believed that the City should look into this matter later but would be 49
comfortable approving the request. 50
51
Medina City Council Meeting Minutes 8
October 19, 2021
Martin asked if Albers and DesLauriers would be comfortable approving the request if 1
there is a commitment to review the matter further. 2
3
Albers stated that he would still lean towards a moratorium. 4
5
DesLauriers stated that he would also lean towards a moratorium as he does not have 6
knowledge that states there are no other applications under review that could impact the 7
building code related to architectural elements. 8
9
Cavanaugh asked if staff could comment on that. 10
11
Finke replied that as far as he knows there are no pending land use applications that 12
would have this issue. He stated that there are permits that have been previously 13
approved with similar elements, such as the AutoMotorPlex next door that has 14
architectural elements exceeding the roofline. 15
16
DesLauriers commented that in the near future there would be another Autoplex 17
constructed that would most likely desire similar heights, and therefore that could be a 18
consideration. 19
20
Finke stated that is at concept level at this time and shows flat roofs. He stated that the 21
maximum height in that zoning district is 30 feet, and that request is a fair distance away 22
from a formal review. He stated that an interim ordinance could be enacted at any point 23
in the future. 24
25
Martin asked if that other proposed development would be a PUD. 26
27
Finke confirmed that would be a PUD and therefore flexibility could be addressed in that 28
manner. 29
30
Martin asked how long staff believes it would take to study the matter and present a 31
proposed ordinance for the Planning Commission and Council to review. 32
33
Finke stated that it would depend on the priority given versus the other things staff is 34
working on. He stated that it would be fair to say it would take more than a couple 35
months to get through that process. 36
37
Johnson commented that Finke has a lot on his plate already and therefore bringing 38
something back to the Council in December would be tight. He stated that January 39
might be more accurate. 40
41
Finke agreed that January would probably be the earliest they would be back to the 42
Council if that is the direction. 43
44
Martin again asked the Council for input with that additional information. 45
46
Reid stated that she is still comfortable approving this tonight and examining this issue 47
later. She stated that this is an unusual situation and staff has reviewed the issue of 48
height from every angle. 49
50
Cavanaugh stated that he is also comfortable moving forward. 51
Medina City Council Meeting Minutes 9
October 19, 2021
1
Albers stated that his concern would be ensuring that the City has the standards from a 2
building perspective in the ordinance, and a moratorium would allow for that. He noted 3
that a few churches were built before the ordinance was enacted which created this hole 4
in the ordinance. He stated that if the process follows that path, the applicant would then 5
conform to the standard set. He stated that perhaps the decision is to be more or less 6
restrictive and believed that the standard should be set before completing the review. 7
8
DesLauriers stated that he is struggling with this decision. He stated that while he 9
agrees with the comments of Albers, the first bullet states that the moratorium would 10
protect the planning process. He stated that the plan brought before the Council looks 11
great, but there is one issue that needs to be resolved. He stated that he continues to 12
lean towards the moratorium, but it is a tough choice. 13
14
Martin agreed that it is a difficult decision. She stated that other landowners have 15
objected to the height of the spires and therefore the City could be exposed to claims 16
that the City permitted something that was not permitted by Code. She stated that as 17
much as she would hate to do so, she would support the moratorium, wanting to move 18
as quickly as possible through that process to prevent the applicant from being further 19
delayed. 20
21
Graffunder stated that this property is under a purchase agreement that has 22
contingencies and a due diligence period that will expire if this review is postponed for 23
three to six months, and therefore it would be likely that this project would not go forward 24
if a moratorium were enacted. 25
26
Martin appreciated those comments. 27
28
Batty provided the actions the Council could choose to take tonight. He stated that if the 29
moratorium is chosen, the City could issue an extension for the 60-day review period 30
and the applicant could then either choose to provide an extension until the moratorium 31
is completed, the application could be withdrawn, or the application could be denied at 32
that time because it is in conflict with the moratorium. 33
34
Moved by Reid, seconded by Cavanaugh, direct staff to prepare a resolution granting 35
approval of the site plan review subject to the conditions noted in the staff report. 36
37
Further discussion: Cavanaugh noted that while he seconded the motion, he also 38
recognizes that three members of the Council would prefer the moratorium. 39
40
A roll call vote was performed: 41
42
DesLauriers nay 43
Albers nay 44
Cavanaugh nay 45
Reid aye 46
Martin nay. 47
48
The motion failed. 49
50
Medina City Council Meeting Minutes 10
October 19, 2021
Moved by Albers, seconded by DesLauriers, to direct staff to prepare a moratorium in 1
respect to architectural features as related to building height to be brought back at the 2
next meeting. 3
4
A roll call vote was performed: 5
6
DesLauriers aye 7
Albers aye 8
Cavanaugh aye 9
Reid aye 10
Martin aye 11
12
Motion passed unanimously. 13
14
Martin welcomed the applicant to share any information they have gathered from other 15
communities in order to help expedite this process. 16
17
Martin briefly recessed the meeting at 8:42 p.m. 18
19
Martin reconvened the meeting. 20
21
IX. NEW BUSINESS 22
23
A. Ditter Cooling, Heating and Electric – Sign Ordinance Regulations – Text 24
Amendment (8:53 p.m.) 25
Johnson stated that the applicant is requesting various amendments to the sign 26
ordinances as they believe the existing regulations would impact the effectiveness of the 27
dynamic display sign they would like to install. 28
29
Finke stated that there are a series of changes proposed, noting that a number of the 30
changes apply specifically to dynamic display signs. He reviewed the proposed change 31
to allow a larger size and increased height for freestanding signs. He stated that the 32
proposed changes would match what is allowed in the commercial highway district, 33
noting that the Planning Commission suggested applying the change for properties 34
adjacent a principal arterial roadway. He stated that the Council could also choose to 35
apply the change to properties adjacent to all arterial roadways rather than only principal 36
arterial roadways. 37
38
Martin asked for the input of the Council on this proposed change. 39
40
Albers stated that he has no issue with the changes and would agree to apply the 41
change to all arterial roadways. 42
43
Reid commented that she would prefer to limit the changes to principal arterials. 44
45
DesLauriers stated that he agrees to only apply the change to principal arterials. 46
47
Cavanaugh also agreed that the change should only apply to principal arterials. He 48
believed that properties along CR 116 should have different requirements than 49
properties along Hwy 55, referencing a business park on CR 116. 50
51
Medina City Council Meeting Minutes 11
October 19, 2021
Finke clarified that the business park on CR 116 is a PUD and therefore has its own 1
regulations related to signage. 2
3
Martin also agreed that the change should only apply to principal arterials. 4
5
Albers stated that with the additional information provided through discussion, he would 6
also support the change only applying to principal arterials. 7
8
Finke stated that the next proposed changes would apply specifically to dynamic display 9
signs. He reviewed the existing regulations related to the allowed percentage of the sign 10
which can be dynamic display and the change proposed by the applicant relating the 11
percentage to the speed of the roadway. He stated that the applicant is aware that 12
some cities are considering amendments to their codes as well and provided information 13
on regulations from other communities. He stated that for dynamic display the applicant 14
is proposing to increase the allowed size of dynamic display portion of a sign and to 15
remove the height limitation specific to dynamic display which would then leave the 16
height of the sign to fall under the limitation for signs under the zoning district. He stated 17
that while staff did not oppose the change to the allowed height, the Planning 18
Commission suggested a maximum height of 15 feet for dynamic display signs. He 19
stated that the applicant proposes to change the duration of messages from 60 seconds 20
to 30 seconds, although noting that this was the lowest priority change from the 21
applicant. He stated that the Planning Commission recommended an increase in size 22
for the dynamic display portion of the sign from 32 square feet to 40 square feet. 23
24
Martin stated that she agrees with the Planning Commission almost completely on all the 25
recommendations within the report. She confirmed agreement of the Council with all the 26
recommended changes. 27
28
Finke stated that the change to V signs is a more technical change and provided 29
additional description on the proposed change which would improve the viewing angle to 30
the roadway. He stated that the change to residential entry signs is not related to the 31
current applicant, but was proposed by the applicant’s consultant, recommending that 32
those signs be increased from 30 square feet to 32 square feet as it allows for easier 33
construction with an increase from six feet to eight feet in height to ensure visibility when 34
there is snow or landscaping. He stated that the last change was a typo which had 35
sunrise and sunset in the wrong positions within the existing ordinance. 36
37
Martin stated that she found all the recommended changes to be acceptable. She 38
confirmed that all members of the Council agree with the proposed changes as 39
described. 40
41
Finke provided details on the changes requested by the applicant compared to the 42
recommendations of the Planning Commission. He stated that representatives from 43
Ditter were not available tonight but have stated that they would not move forward with 44
the sign they proposed if the changes from the Planning Commission were 45
recommended rather than what they had proposed. He stated that the Council can 46
provide their direction to staff and Ditter could speak at the next meeting when the 47
resolution is presented for consideration. He noted that the consultant that worked with 48
Ditter is present on the call and could provide input. 49
50
Medina City Council Meeting Minutes 12
October 19, 2021
Cavanaugh stated that the whole process has been driven by the applicant and it 1
sounds like the limitation on square footage would prohibit them from installing their 2
desired sign. He stated that perhaps it would make sense to delay until the applicant 3
could be heard from, as there is nothing else driving this request. 4
5
Martin invited the applicant’s consultant to speak. 6
7
Mike Casbalm, consultant representing the applicant, stated that he agrees that it would 8
make sense to allow Ditter to provide input before making a decision. He stated that he 9
appreciated the ability to speak openly with Finke throughout the process of drafting 10
these proposals, as that is not always the case. He stated that the 55 square foot size 11
proposed by Ditter is the smallest size they would like in order to effectively 12
communicate their message. He stated that as a sign consultant he does support the 13
other changes but specific to Ditter, he can understand why the business would not have 14
interest in installing a sign that would be more of a distraction versus an effective method 15
of communicating their message. 16
17
Martin commented that it seems like the Ditter property is uniquely challenged given the 18
location and topography. She stated that the Council is concerned with having Highway 19
55 and CR 12 lit up with large display signs. She asked if there would be a possibility 20
that the Ditter property could seek a variance to the sign code, once enacted, given the 21
configuration of the property. 22
23
Finke stated that may be an option. He stated that the applicant probably started on that 24
path and was directed to this path to address the matter more broadly because the 25
property is not unique and would apply to all the properties west of 101 to Willow Drive 26
because of the location of the railroad tracks. He stated that perhaps there could be for 27
a provision for a larger sign for properties separated from Highway 55 by a railway, 28
therefore a variance would not be necessary and would apply to the properties along the 29
corridor. 30
31
Reid stated that she would agree with that method. 32
33
DesLauriers stated that he does not have an appetite for that allowance. He stated that 34
there are enough distractions along Highway 55, and he is not interested in larger signs. 35
36
Cavanaugh commented that he did not see a big difference between 40 feet and 55 feet. 37
He commented that he does not see the Medina Entertainment sign as a big distraction 38
and would support the additional allowance. 39
40
Albers commented that he agrees with the comments of Reid and Cavanaugh and did 41
not see a problem increasing the allowed size for the properties south of 55 that involve 42
the railroad tracks. 43
44
Martin commented that there is a majority of the Council that would allow for a larger 45
sign size for the commercial properties south of Highway 55 and that are interrupted by 46
the railroad tracks. 47
48
Finke stated that staff can provide more specific analysis about that distance and 49
allowed size. 50
51
Medina City Council Meeting Minutes 13
October 19, 2021
Cavanaugh commented that signage is an important element of a business and if a 1
business is stating that 50 or 55 square feet would help them be successful, he is willing 2
to listen unless there is a strong safety reason behind not allowing the change. 3
4
Finke commented that the ordinance is not prepared for action tonight and staff can use 5
the feedback gathered to draft proposed language. 6
7
1. Ordinance Amending Regulations Pertaining to Signs; Amending 8
Chapter 8 of the City Code 9
Moved by Cavanaugh, seconded by Albers, to direct staff to update the ordinance 10
pertaining to signs as recommended by the Planning Commission with the change to 11
allow more dynamic sign area for commercial properties located south of Highway 55 12
and abutting the railroad right-of-way. 13
14
A roll call vote was performed: 15
16
DesLauriers aye 17
Albers aye 18
Cavanaugh aye 19
Reid aye 20
Martin aye 21
22
Motion passed unanimously. 23
24
B. Ordinance No. 676 Amending Required Swimming Pool Setbacks from 25
Utilities; Amending Chapter 8 of the City Code (9:29 p.m.) 26
Martin stated that the Council has read the memorandum from staff included in the 27
Council packet. She noted that it seems like this is a request to differentiate between 28
the setbacks for underground utility lines and overhead utility lines. She stated that the 29
proposal would be that swimming pools must be a minimum of 18 feet from the 30
overhead utility line and must be located a minimum of five feet from underground utility 31
lines. She stated that staff and the Planning Commission recommend approval of the 32
revised ordinance to differentiate between the overhead and underground lines. 33
34
Moved by Reid, seconded by DesLauriers, to adopt ordinance no. 676 amending 35
required swimming pool setbacks from utilities; amending Chapter 8 of the City Code. 36
37
A roll call vote was performed: 38
39
DesLauriers aye 40
Albers aye 41
Cavanaugh aye 42
Reid aye 43
Martin aye 44
45
Motion passed unanimously. 46
47
1. Resolution No. 2021-72 Authorizing Publication of Ordinance No. 48
676 by Title and Summary 49
Moved by Reid, seconded by DesLauriers, to adopt resolution no. 2021-72 authorizing 50
publication of ordinance by title and summary. 51
Medina City Council Meeting Minutes 14
October 19, 2021
1
A roll call vote was performed: 2
3
DesLauriers aye 4
Albers aye 5
Cavanaugh aye 6
Reid aye 7
Martin aye 8
9
Motion passed unanimously. 10
11
C. Mark of Excellence Homes – Weston Woods of Medina – Final Plat – North 12
of Highway 55 and East of Mohawk Drive (9:32 p.m.) 13
Johnson stated that the applicant is requesting final plat approval for Weston Woods of 14
Medina. 15
16
Finke presented the final plat request and potential adoption of the Comprehensive Plan 17
amendment. He noted that the preliminary plat was adopted in January of 2021 and 18
reviewed the details of the mix of housing units and preserved wooded area. He stated 19
that the Comprehensive Plan amendment was conditionally approved 18 months prior, 20
contingent upon final plat approval and a development agreement that specified the 21
public improvements. He provided details on the public improvements which include the 22
construction of the Chippewa Road extension and construction of a watermain. He 23
stated that the purpose of the final plat review is to review the final plat against the 24
preliminary plat for consistency and to ensure the conditions of preliminary plat have 25
been, or will be, met. He displayed the layout of the plat, reviewed the landscaping plan, 26
and preserved wooded area. He stated that the lot layout is essentially the same with 27
the addition of easements and other necessary items. He referenced the conditions 28
which are reviewed in detail in the staff report. He noted that a number of those 29
conditions would be recommended to continue forward as part of the final plat and/or 30
development agreement. He provided a brief review of the conditions that would be 31
applied to the different housing products, wetland buffers, and tree replacement. He 32
stated that if the Council finds that the final plat is consistent with the preliminary plat, 33
and that the conditions have or will be met, there are three actions before the Council. 34
He stated that if the Council supported the waiver for tree replacement, the development 35
agreement would need to be amended to reflect that action. He provided additional 36
details on the proposed construction of the Chippewa Road extension and related 37
wetland impacts, noting that the Council has already reserved the wetland credits. He 38
stated that the development agreement states that the City would fund the wetland 39
credits while the applicant would fund the construction of the roadway; therefore, the 40
final action would be to authorize the purchase of those wetland credits. 41
42
Martin suggested that the Council review each of the topics mentioned for discussion. 43
44
Cavanaugh asked if the design presented in preliminary plat would be locked into the 45
final plat through ghost platting or whether the townhome portion would come in from 46
scratch when that comes forward for development. 47
48
Finke replied that the general lot alignment was approved as a piece of the preliminary 49
plat, therefore the expectation would be that the layout would continue to be similar. He 50
stated that there were a number of conditions upon preliminary plat that would suggest 51
Medina City Council Meeting Minutes 15
October 19, 2021
some changes to the layout to improve circulation and provide a potential connection to 1
Chippewa Drive. He stated that there were general architectural renderings at 2
preliminary plat which were subject to additional conditions created by the Council. 3
4
Martin confirmed consensus of the Council to allow the delay as requested on the 5
townhome development. 6
7
Finke stated that the next issue would be the minimum architectural standards for the 8
twinhome and single-family home products. The Council confirmed consensus in 9
support as presented. 10
11
Martin moved to the alternative wetland buffers as proposed for certain areas and 12
confirmed that the Council did not have concerns with what was proposed. She moved 13
to tree replacement, noting the large amount of tree removal. She asked for clarification 14
on what would be required if the tree removal required for the Chippewa Road extension 15
is excluded. 16
17
Finke stated that the replacement is by inches, but if they want to use round numbers for 18
the sake of discussion, the Chippewa trees would equal about 12.5 percent. 19
20
Martin stated that she appreciates why boxelders are not considered a prized tree but is 21
finding it hard to say that ash trees would fall into the same category. She commented 22
that she thought the City was light on the tree replacement or requirement for 23
contribution into the tree fund. 24
25
Albers agreed, noting that there are a lot of trees that will be removed on the site, which 26
was a bit shocking. He asked if boxelders are being removed because of Chippewa 27
Road or whether they are spread around the site. 28
29
Finke clarified that the boxelders were not differentiated but staff could do so. He stated 30
that there probably were boxelders along Chippewa but there are boxelders throughout 31
the site. 32
33
DesLauriers asked if there is a revised number based on that information. He stated 34
that the report mentions replacement of 1,350 2.5-inch trees and asked if there is a 35
reduced number removing the Chippewa trees. 36
37
Finke provided clarification on the reduced number that would be required using that 38
formula. 39
40
Martin asked the total number of lots. 41
42
Finke replied 150 lots. 43
44
Martin asked if the City requires a minimum of one front yard and one backyard tree. 45
46
Finke confirmed that two trees are required per lot, although townhomes have a different 47
requirement. 48
49
Martin asked the number of twin and single lots. 50
51
Medina City Council Meeting Minutes 16
October 19, 2021
Finke replied that there would be a total of 118. 1
2
Martin noted that the applicant would then be planting 236 trees for those lots. 3
4
Finke stated that the applicant’s narrative describes their planting plan. 5
6
Bill Griffith, representing the applicant, stated that 1,144 total trees would be preserved, 7
and 493 trees would be planted. He noted that 75 of those trees are above the minimum 8
landscaping requirements. He provided comments on the tree replacement waiver 9
requirements, noting that all of the best management practices mentioned were 10
employed in this development request. He stated that the context of this development is 11
related to the significant benefits that would be provided to the public including the 12
construction of the Chippewa Road extension, construction of the watermain, and the 13
preservation of the wooded area as open space for the public. He stated that all of 14
those things are above what would be required. He noted that imposing additional tree 15
replacement upon this development would be burdensome. He stated that they also 16
have an arborist designing a management plan for the preserved trees to ensure their 17
health and survival. 18
19
Martin stated that the ordinance does provide an option for a waiver if the applicant has 20
exhausted all alternatives for the development site and follows all best management 21
practices. She stated that staff did find that the applicant implemented the design 22
practices on the site and the request of the applicant is therefore reasonable. 23
24
Reid stated that the applicant has gone above and beyond requirements in so many 25
areas and therefore she would support the waiver request. 26
27
DesLauriers commented that with the additional background provided by Griffith, he 28
would support the waiver. 29
30
Cavanaugh commented that he has been on Chippewa many times over the years and 31
there are a lot of pioneer trees. He stated that there are a large number of trees and 32
asked if there have been any previous projects that removed a significant number of 33
trees and whether a contribution was required in return. 34
35
Finke stated that there was a partial waiver issued in that other development request. 36
He stated that even with all the design elements taken into account, tree removal may 37
still be necessary. He stated that if the design attempts to save as many trees as 38
practical and the property is designated for development at that density, the waiver is a 39
tool to fill that gap. 40
41
Cavanaugh asked if the property developed along 116 provided a contribution for 42
nonreplaced trees. 43
44
Finke replied that property did make a financial contribution. 45
46
Cavanaugh stated that if there is a precedent that has been set, he would favor 47
continuing to follow that precedent. 48
49
Martin stated that she would counter that statement noting that the 116 project did not 50
provide the additional public benefits that this development will provide in terms of 51
Medina City Council Meeting Minutes 17
October 19, 2021
infrastructure development and additional management of the trees preserved in the 1
public open space. 2
3
Cavanaugh commented that those are valid points. He noted that the difference is that 4
this property received changes in zoning and staging period. 5
6
Mark Smith, applicant, stated that one third of the caliper inches being removed on the 7
site are a result of Chippewa Road, noting that the width of Chippewa will increase 8
through this project. He stated that in essence the waiver would apply to only about 400 9
trees. He stated that they have implemented a number of design changes in order to 10
save funds on the wetland credits that are necessary for the road project. He stated that 11
staff has been great to work with throughout the past four years on this process. 12
13
Reid stated that she supports the final plat. 14
15
DesLauriers commented that he supports the waiver for tree replacement. 16
17
Albers stated that he also supports the tree replacement waiver. 18
19
Martin commented that she also supports the waiver as requested. 20
21
Cavanaugh stated that if there is a strong inclination to approve the waiver without 22
compensation, he can support that but would be hesitant to deviate from past precedent. 23
24
1. Resolution No. 2021-73 Adopting the Weston Woods of Medina 25
Comprehensive Plan Amendment 26
Moved by DesLauriers, seconded by Albers, to adopt resolution no 2021-73 adopting the 27
Weston Woods of Medina Comprehensive Plan Amendment. 28
29
A roll call vote was performed: 30
31
Reid aye 32
Cavanaugh aye 33
Albers aye 34
DesLauriers aye 35
Martin aye 36
37
Motion passed unanimously. 38
39
2. Resolution No. 2021-74 Granting Final Plat Approval for Weston 40
Woods of Medina 41
Moved by DesLauriers, seconded by Reid, to adopt resolution no. 2021-74 granting final 42
plat approval for Weston Woods of Medina. 43
44
A roll call vote was performed: 45
46
Cavanaugh aye 47
Albers aye 48
Reid aye 49
DesLauriers aye 50
Martin aye 51
Medina City Council Meeting Minutes 18
October 19, 2021
1
Motion passed unanimously. 2
3
3. Planned Unit Development Agreement by and between the City 4
of Medina and Mark R. Smith and Kathleen R. Smith for Weston 5
Woods of Medina 6
Moved by DesLauriers, seconded by Reid, to approve the Planned Unit Development 7
Agreement by and between the City of Medina and Mark R. Smith and Kathleen R. 8
Smith for Weston Woods of Medina, modifying the tree preservation requirements to 9
reflect waiver requested by the applicant and as approved by the Council. 10
11
A roll call vote was performed: 12
13
Albers aye 14
Reid aye 15
DesLauriers aye 16
Cavanaugh aye 17
Martin aye 18
19
Motion passed unanimously. 20
21
Moved by DesLauriers, seconded by Cavanaugh, to authorize the payment of the 22
wetland credit purchase for the Chippewa Road construction as specified in the staff 23
report. 24
25
A roll call vote was performed: 26
27
Martin aye 28
Reid aye 29
Cavanaugh aye 30
Albers aye 31
DesLauriers aye 32
33
Motion passed unanimously. 34
35
X. CITY ADMINISTRATOR REPORT (10:20 p.m.) 36
Johnson stated that staff is requesting the Council call for a special meeting with OSI on 37
October 26th at 9 a.m. 38
39
Moved by Martin, seconded by Cavanaugh, to call for a special meeting with OSI on 40
October 26, 2021 at 9:00 a.m. 41
42
A roll call vote was performed: 43
44
Reid aye 45
DesLauriers aye 46
Albers aye 47
Cavanaugh aye 48
Martin aye 49
50
Motion passed unanimously. 51
Medina City Council Meeting Minutes 19
October 19, 2021
1
XI. MAYOR & CITY COUNCIL REPORTS (10:21 p.m.) 2
Martin stated that she attended the west metro mayors meeting recently and 3
encouraged other members of the Council to rotate in attendance. She stated that there 4
was a presentation from Hennepin County Commissioner Anderson on the plans for the 5
County to spend its allocated ARPA funding. She stated that Marge Beard also spoke in 6
representation of Three Rivers Park District on their initiatives and grant opportunities. 7
She also provided an update on the most recent meeting related to a potential fire 8
district. 9
10
XII. APPROVAL TO PAY THE BILLS (10:26 p.m.) 11
Moved by DesLauriers, seconded by Cavanaugh, to approve the bills, EFT 006109E-12
006116E for $16,490.11, order check numbers 052088-052122 for $112,645.71, and 13
payroll EFT 0511362-0511396 for $54,930.58. 14
15
A roll call vote was performed: 16
17
DesLauriers aye 18
Albers aye 19
Cavanaugh aye 20
Reid aye 21
Martin aye 22
23
Motion passed unanimously. 24
25
XIII. ADJOURN 26
Moved by Cavanaugh, seconded by Reid, to adjourn the meeting at 10:28 p.m. 27
28
A roll call vote was performed: 29
30
DesLauriers aye 31
Albers aye 32
Cavanaugh aye 33
Reid aye 34
Martin aye 35
36
Motion passed unanimously. 37
38
__________________________________ 39
Kathleen Martin, Mayor 40
Attest: 41
42
____________________________________ 43
Scott T. Johnson, City Administrator 44
Medina City Council Special Meeting Minutes 1
October 26, 2021
MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF
OCTOBER 26, 2021
The City Council of Medina, Minnesota met in special session on October 26, 2021, at
9:00 a.m. at OSI, 4101 Arrowhead Drive, Medina, MN.
I. Call to Order
Members present: Martin, Reid, Cavanaugh
Members absent: Albers, DesLauriers
Also present: City Administrator Scott Johnson, Assistant City Administrator
Jodi Gallup, Finance Director Erin Barnhart, Public Safety Director Jason Nelson, Public
Works Director Steve Scherer, and Planning Director Dusty Finke
II. OSI – Medina Business Tour
The City Council and staff met with representatives from OSI. The following update was
provided: OSI was purchased by Emerson Electric in October 2020, a decision has been
made to put OSI under Aspen Tech from Boston MA (closing will occur in 6 months),
and there are no changes planned for OSI. OSI employees can work remotely or in the
office. The headquarters will be in Boston for the new company, the organization will
have over 2,000 employees, and Emerson Electric will retain the controlling stake in the
company.
OSI is happy with their facility expansion and are filling the space quickly. OSI is
interested in hotel space closer to their facility for training. OSI will be relocating their
driveway next spring in conjunction with the additional turn lane project on Highway 55.
They are interested in housing options including apartments, townhomes, and single-
family homes for their employees. The Wayzata School District is a major draw for
some staff. Medina provided information on future housing projects in the city. OSI is
happy to be in Medina. Their facility is a clean and safe place to work. The major
benefit for OSI employees in Medina is they can commute from an urban area or live in a
rural setting.
III. Adjournment
Martin closed the meeting at 9:46 a.m.
_________________________
Kathleen Martin, Mayor
Attest:
____________________________
Scott T. Johnson, City Administrator
MEMORANDUM
TO: Medina City Council
FROM: Jodi Gallup, Assistant City Administrator/City Clerk
DATE: October 28, 2021
MEETING: November 3, 2021
SUBJ: AGH Ventures LLC, X-Golf Liquor License Application
AGH Ventures LLC (DBA X-Golf) has applied for a liquor license at 304 Clydesdale Trail,
Medina, MN 55340.
The X-Golf venue will offer indoor hitting bays, where customers can play a simulated round of
golf at the most famous courses around the world. The venue will have a full bar as well as some
hot food options such as pizza, burgers, wings, etc.
The site is zoned “Planned Unit Development”. The proposed use of the site (X-Golf) complies
from a land use perspective. Additionally, to hold a restaurant liquor license the establishment
must have a minimum of seating for 30 guests, which this application exceeds. The space is
approximately 5,000 sq. ft and will seat approximately 40 guests.
The applicant has submitted all the proper forms and payment. The Police Department completed
the background check on October 20, 2021 and did not find anything that would disqualify the
application from getting a liquor license.
Recommendation
Approve on-sale restaurant liquor license to AGH Ventures LLC (DBA X-Golf) at 304
Clydesdale Trail.
Agenda Item # 5A
CONTRACT No. A2110638
Hennepin County Sheriff's Office
Communications Division
1245 Shenandoah Ln
Plymouth, MN 55447
Regionwide Public Safety Radio
Communications System
Communications System
Subscriber Agreement
Between Hennepin County and Authorized Users Regarding:
Use of the Regionwide Public Safety Radio Communications System,
Lease, Maintenance and Repair of Subscriber Radios,
Administrative and Operational Support of the Subscriber Radio Fleet
THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, a body
politic and corporate, under the laws of the STATE OF MINNESOTA, hereinafter referred to as the
"COUNTY," A-2303 Government Center, Minneapolis, Minnesota 55487, the Medina Police Department,
600 Clydesdale Trail, Medina, Minnesota 55340, acting by and through its duly authorized officers,
hereinafter referred to as the "USER".
WITNESSETH:
WHEREAS, the COUNTY operates a Local Subsystem as part of the Regionwide Public Safety Radio
Communications System, hereinafter referred to as "System"; and
WHEREAS, the COUNTY has provided for the capability of Cities, Agencies, Districts and Other
Authorized Users within the County to have access to the System; and
WHEREAS, the COUNTY bears primary responsibility for the health, security and integrity of the System
and other communications systems;
WHEREAS, the USER has elected to participate as a subscriber with end user radios operating on the
System; and
NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth,
the COUNTY and the USER agree as follows:
1. PURPOSE AND INTRODUCTION
The purpose of this Agreement is to define the rights and obligations of the COUNTY and the USER with
respect to the cooperative and coordinated purchase, lease, maintenance, technical and administrative
support and use of portable, mobile, desktop and other end user radios by the USER on the COUNTY's
System.
The System is a multi -site general purpose wireless communications system designed to provide, among
other things, 95% area coverage reliability for portable radio operation above ground level in light to
medium buildings throughout most of the County. Other USER benefits and services include, access to
a statewide public safety radio communications system, multiple system redundancies with backup
power, a wide range of talk groups, electronic identification of all radios on all transmissions, 99.999%
microwave system reliability, encryption availability, system security, radio interoperability, 24 hour a day
system monitoring and repair response, access to a pool of special event radios and USER radio user
training.
2. DUTIES AND RESPONSIBILITIES OF USER
2.1 Conformance to Statewide Emergency Communications Board (SECB), Metropolitan Emergency
Services Board (MESB) and COUNTY Standards
USER agrees to be aware of and conform to all applicable standards, policies, procedures and protocols
established or amended by the SECB, MESB and COUNTY related to use of the System including but
not limited to System supported radios and equipment, radio user training requirements, radio operating
guidelines, audit, monitoring and compliance.
2.2 Conformance to Federal Laws and Regulations
USER agrees to be aware of and conform to all applicable Federal Rules, Regulation and Laws
pertaining to use of the System including but not limited to the Communications Act of 1934 as Amended
and Part 90 of the Federal Communications Commission Rules and Regulations.
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2.3 Response to Improper Use
In the event COUNTY informs USER that statistical analysis of System usage or other information
indicates that USER personnel may have inappropriately used the System, or may have violated
standards, policies, procedures, rules, regulations or laws regarding proper operation of the System, or
may have violated the provisions of this Agreement, USER agrees to take immediate and appropriate
investigative and corrective action to stop the violation and eliminate any reoccurrence.
2.4 Radio and Equipment Lease Fees
USER agrees to pay to COUNTY all lease fees assessed to USER by COUNTY throughout the lease
term in accordance with a lease policy established by the Board of Hennepin County Commissioners for
end user radios or other related equipment furnished to USER by COUNTY under this Agreement. The
specific lease fee schedule established by COUNTY and the list of equipment leased by USER shall be
detailed in Appendix A attached hereto, and such Appendix A shall be made a part of this agreement.
2.5 Subscriber Fleet Support Fees
USER agrees to pay COUNTY all Subscriber Fleet Support Fees assessed to USER by COUNTY in
accordance with a cost recovery policy established by the Board of Hennepin County Commissioners for
costs including but not limited to programming, software updates, technical support, administrative
support, configuration support, access to the special event shared pool of radios, training support and
other costs attributable to USER's participation under this Agreement. The Subscriber Fleet Support
Fees as stated in Appendix A.
2.6 Maintenance and Repair Fees
USER agrees to pay COUNTY all fixed fees for Tier 1 maintenance and repair services; time and
material charges for consumables and repairs not covered under Tier 1 service. The Tier 1 Maintenance
and Repair Fees as stated in Appendix A.
2.7 Pass Through Metropolitan Emergency Services Board User Fees
USER agrees to pay to COUNTY all user fees attributable to USER assessed to the COUNTY by the
MESB, or its successor entity if applicable. The MESB user fees are set forth in Appendix A.
2.8 Invoicing and Payment Terms
COUNTY will invoice USER monthly, or at other intervals as mutually agreed to in writing, for all fees
specified herein. Principal charges for leased equipment will commence when the COUNTY is invoiced
by the equipment supplier. All other fees specified in this Agreement will commence as follows: For
radios activated on or before the 15th of the month, USER will be charged for the entire month. For
radios activated after the 15th of the month, the fees will commence on the first day of the following
month. Payment of all fees herein shall be made directly to the COUNTY in accordance with state and
federal law governing the payment of claims and/or invoices.
2.9 Flow Down Metropolitan Emergency Services Board Contract Provisions
USER agrees to comply with all applicable flow down provisions set forth in Appendix A.
2.10 Provisional Use of USER Purchased and Owned Radios and Radio Software
USER may utilize radios purchased and owned by USER on the System provided that such USER's
radios and equipment shall be pre -approved for support by COUNTY. COUNTY shall have no obligation
to support, maintain, or repair radios or equipment that are not pre -approved. Non -certified radios, or
radios operating with non -certified software versions will not be allowed to access or use the System. If
USER acquires radios or equipment that are not pre -approved, either party may immediately terminate
this Agreement.
2.11 De -certification and Disposition of Obsolete Radios
The SECB (Statewide Emergency Communications Board), MESB and/or COUNTY may de -certify
previously pre -approved radios, equipment, and/or radio operating software versions which become
obsolete for reasons including but not limited to: become unsafe to use, impair System performance, are
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no longer supported by the radio Manufacturer, are no longer supported by the COUNTY, exhibit
substantial defects, exhibit performance deficiencies, impair implementation of System upgrades,
become unreliable, become economically unfeasible to maintain, etc. De -certified radios, equipment, or
radios operating with de -certified software versions will not be allowed to access or use the System.
USER agrees to dispose of obsolete radios, batteries and other equipment in accordance with applicable
laws and rules regarding disposal of hazardous materials.
2.12 Limitation of Radio Programming, Radio Code Plug Pr•.rammin• Files and S stem Ke File
Regardless of ownership, all radios on the System shall be programmed only by the COUNTY, and the
COUNTY shall retain an archived electronic copy of all radio code plug programming files and encryption
keys files installed in all USER radios covered under this Agreement. The configuration of all radio code
plug programming files and radio templates shall be subject to approval by the COUNTY before the
radios will be activated on the System. All radio code plug programming files, system key files and
encryption key files are the sole property of the COUNTY, and contain information that is classified as
security information and non-public government data. Unless specifically authorized by the COUNTY in
writing, USER may not directly or indirectly, or permit any third party to: view, read, print, extract, copy,
archive, edit, create, clone, transfer, tamper with or otherwise compromise the security of any radio code
plug programming file, system key file or encryption key file for any radio on the System. In the event
USER learns that any party has improperly or fraudulently obtained radio code plug programming file
information, system key file or encryption key file, USER will immediately notify COUNTY of the security
breech.
2.13 Payment for Damaged Radios
USER agrees to promptly pay COUNTY for all costs incurred to repair radios damaged for any reason,
excluding normal wear and tear which is included in the COUNTY's maintenance program, and also
excluding damage which occurs while the radios are in the possession of COUNTY.
2.14 Risk of Loss for Lost, Stolen or Destroyed Radios
USER assumes full risk of loss for COUNTY provided radios assigned to USER including special event
and repair loaner radios temporarily assigned to USER which are lost, stolen, physically un-repairable or
destroyed for any reason excluding damage which occurs while the radios are in the possession of
COUNTY. USER will be invoiced, and agrees to pay, the remaining amount of the non -depreciated lease
balance, for any lost, stolen or destroyed radios. Assessment of subscriber fleet support fees and Tier 1
fixed maintenance fees will be terminated upon such payment.
2.15 Notification to COUNTY of Lost or Stolen Radios
USER agrees to immediately notify COUNTY of any missing, lost or stolen radios, so the radio can be
deactivated on the system.
2.16 Radios Not Economical to Repair
A USER radio which is covered under the annual Tier 1 fixed fee maintenance and repair services
program listed in Appendix A which has malfunctioned, broken or failed, excluding a radio that is
damaged, lost, stolen, destroyed or physically un-repairable as described in sections 2.13 and 2.14
above, and which the COUNTY determines cannot be economically repaired, by mutual agreement shall
(1) be considered an obsolete radio, deactivated and terminated from the maintenance program with no
additional fees payable by USER except the outstanding balance of fees due for services rendered
before the radio was deemed not economical to repair (2) Considered an obsolete radio, deactivated and
terminated from the lease program with no additional fees payable by USER. In the event the
replacement option is chosen, the used replacement radio may, at COUNTY's option, be reconditioned
or rebuilt from salvaged parts and the COUNTY shall retain or assume ownership of the original failed
radio and such radio may be salvaged for spare parts, rebuilt or otherwise disposed of by COUNTY.
Further, if the failed radio is a COUNTY owned radio leased to USER, and the deactivate and terminate
lease option is chosen, the COUNTY shall also retain ownership and disposition rights of the failed radio.
2.17 Assignment of Leased Equipment
USER may terminate in whole or part the lease of radios or other equipment under this Agreement
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provided USER assigns the leased equipment in writing to another authorized user who has a subscriber
agreement in effect with the County and further provided that the Assignee agrees in writing to make all
applicable payments to COUNTY including the remaining lease payments.
2.18 Prepayment of Leased Equipment
USER may pay off the remaining amount of the non -depreciated lease balance, at any time during the
lease term without any additional prepayment penalty. Title to the leased equipment shall transfer to the
USER upon such payoff subject to the provisions of Section 3.2.
3. DUTIES AND RESPONSIBILITIES OF COUNTY
3.1 Furnishing of End User Radios
COUNTY will periodically solicit orders for new, additional and replacement radios from USER. This will
normally occur on an annual basis, however USER may request radios at any time. Subject to budget
availability and approval by the Board of Hennepin County Commissioners, on USER's behalf COUNTY
will purchase radios, receive, inventory, inspect, test, program and install radios as requested by USER.
COUNTY will assist USER in selecting and ordering radios that are purchased directly by USER for use
on the System.
3.2 Financing of End User Radios and Transfer of Title
Subject to budget availability and approval by the Board of Hennepin County Commissioners, COUNTY
will finance the purchase of radios for USER's Public Safety operations (police, fire, EMS or Emergency
Management) as requested by USER. The equipment lease period shall be for the expected useful life of
the equipment, as determined by COUNTY and listed in Appendix A. The combined equipment will be
depreciated over the lease period. Upon completion of payment of all principal to COUNTY, and
execution by USER of any applicable Software License Agreements or Assignment of Rights
Agreements regarding use of embedded software, COUNTY shall transfer title to the leased equipment
to USER.
3.3 Radio Maintenance and Repair Services
In accordance with the provisions herein, COUNTY will provide one tier of maintenance and repair
services for USER radios. Tier 1 service will be provided at a fixed annual fee determined by the
COUNTY and may be based on the model and age of the radio. Tier 1 service includes access to the
shared pool of repair loaner radios. The fixed annual fee for Tier 1 service includes all parts, labor and
other costs to provide maintenance and repair for internally malfunctioning radios and normal wear and
tear. Normal wear and tear is anticipated degradation which normally occurs to the equipment in the
regular course of work for the job position, assuming the user takes reasonable care and precaution.
Tier 1 service excludes consumables such as batteries and antennas, and excludes radio accessories.
Repairs beyond internal malfunctions and normal wear and tear including damage caused by negligence
or accidental damage such as fire, water immersion, crushing, dropping from a moving vehicle, etc., and
consumables will be assessed on a time and materials basis in addition to the fixed annual Tier 1
maintenance fee. Unless specifically excluded by COUNTY, all radios assigned for public safety
operations on the System under this Agreement, regardless of ownership, will be provided with Tier 1
maintenance service by COUNTY and will be allocated the annual fixed costs.
3.4 Repair Loaner and Special Event Radios
COUNTY will maintain a fleet of radios which will be made available to USER, generally on a first come
first serve basis, for temporary assignment for special events, response to emergencies, or other similar
events. USER may receive a temporary loaner radio to replace a radio taken out of service for
maintenance or repair if the failed radio is covered under the Tier 1 annual fixed fee maintenance and
repair services program listed in Appendix A. If there are more requests for loaner radios than can be
accommodated, the COUNTY will prioritize allocations and may require that USER return repair loaner
and special event radios early.
3.5 Allocation of System Resources
COUNTY will allocate to USER, by mutual agreement, sufficient System resources including but not
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limited to; Talk Groups, Radio Unit IDs, Alias IDs, etc. in order to provide USER with an equivalent grade
of service afforded to other comparable System users.
3.5 Monitoring of USER Talk Groups
COUNTY will periodically monitor talk groups allocated to USER for USER's internal use for system
management purposes including but not limited to maintenance, troubleshooting, system performance
assessments, unusual traffic patterns (sudden jump in usage), policy and procedure compliance checks,
etc. COUNTY monitoring of USER's talk groups may occur at any time, for any duration, may be without
notice and is subject to recording.
3.7 Radio Operator Training
COUNTY will provide USER with access to end user radio training instructional materials provided to
COUNTY from the SECB, MESB or other sources. For the deployment of immediate and near term
radios as defined in the COUNTY's Radio Purchasing and Deployment Plan adopted by Board
Resolution No. 01-622R2, attached as Appendix B, COUNTY will assist USER in training USER's
personnel by providing a COUNTY radio trainer (or trainers) to work in conjunction with a USER provided
trainer (or trainers) to deliver training to USER's radio operators. Once the near term deployment is
completed, USER will have primary responsibility for training new employees and for providing refresher
training.
3.8 Database Administration
COUNTY will manage and administer the System database records containing the information related to
inventory, configuration, programming history, software version control, radio IDs, service levels,
statistical usage analysis, etc. for USER's subscriber radios used on the System.
3.9 Radio Station Licenses
COUNTY shall hold and administer all FCC licenses on behalf of all users of the System. USER shall
operate as authorized mobile, portable and control station units under the COUNTY's FCC radio station
licenses.
4. TERM AND CANCELLATION
4.1 Term of Agreement
This Agreement shall be for an initial term of five (5) years beginning on the date executed by the
COUNTY through December 31, 2025. After the initial term and any subsequent extensions thereto, this
Agreement will automatically be extended for an additional one (1) year term, for up to a maximum of
three (3) of one (1) year terms beyond the initial term of the five (5) years ("Renewal Term"), unless
either party gives written notice of intent not to extend to the other party, at least one hundred twenty
(120) days prior to the expiration of the then current term.
4.2 Cancellation of Agreement
This Agreement may be canceled with or without cause by either party upon one hundred eighty (180)
days' written notice, provided that any such cancellation by COUNTY shall require action by the Board of
Hennepin County Commissioners.
4.3 Actions Upon Termination
Upon expiration or cancellation of this Agreement as provided for herein, USER shall cease all use of the
System including using the system with radios owned by USER.
5. MERGER AND MODIFICATION
5.1 Entire Agreement
It is understood and agreed that the entire Agreement between the parties is contained herein and that
this Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter hereof. All items referred to in this Agreement are incorporated or attached and are
6
deemed to be part of this Agreement.
5.2 Amendments to Agreement
Any alterations, variations, modifications, or waivers of provisions of this Agreement, except for revisions
to Appendix A as provided for below, shall only be valid when they have been reduced to writing as an
amendment to this Agreement signed by the parties hereto.
6. DEFAULT
6.1 If either party fails to perform any material term of this Agreement, the parties shall cooperatively and
collaboratively attempt to resolve the issue(s).
6.2 The failure to insist upon strict performance of any provision or to exercise any right under this
Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing.
Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the
Agreement.
6_3 If either party terminates agreement due to default, USER shall retum all equipment for
deprogramming. Following deprogramming activities COUNTY shall return all equipment to USER. User
shall pay COUNTY the remainder of the balance of the original cost of the leased equipment which has
not been recovered under lease payments. USER shall cease all use of COUNTY's System.
7. MISCELLANEOUS PROVISIONS
7.1 Independent Parties
It is mutually understood that this Agreement does not create an employment relationship between the
parties, nor does it create a partnership or joint venture, nor does it constitute a cooperative agreement
or joint powers agreement.
7.2 Liability
Each party agrees that it will be responsible for its own acts and the results thereof, to the extent
authorized by law, and shall not be responsible for the acts of the other party and the results thereof.
7.3 Data Privacy
To the extent applicable under federal and state law, USER, its officers, agents, owners, partners,
employees, volunteers or subcontractors agree to abide by the provisions of the Minnesota Government
Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws,
rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be
amended.
7.4 Records — Availability/ Access
To the extent applicable under federal and state law, subject to the requirements of Minnesota Statutes
Section 16C.05, Subd. 5 (as may be amended), the USER agrees that the COUNTY, the State Auditor,
the Legislative Auditor or any of their duly authorized representatives at any time during normal business
hours, and as often as they may reasonably deem necessary, shall have access to and the right to
examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent
to the accounting practices and procedures of the USER and involve transactions relating to this
Agreement. Such materials shall be maintained and such access and rights shall be in force and effect
during the period of the contract and for six (6) years after its termination or cancellation.
7.5 Contract Administration
In order to coordinate the services of the USER with the activities of the COUNTY so as to accomplish
the purposes of this contract, the party(s) named on the Delegation of Authority for Contracting Officers
Technical Responsibilities as provided by User, shall manage this contract on behalf of the USER and
serve as liaison between the COUNTY and the USER.
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7.6 Notices
Any notice or demand which must be given or made by a party hereto under the terms of this Agreement
or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to
the COUNTY shall be sent to the County Administrator with a copy to the Office of the County Sheriff at
the address given below. Notice to the USER shall be sent to the address stated below.
To COUNTY: Hennepin County Administrator
A-2303 Government Center
Minneapolis, MN 55487
Copy to:
USER:
Radio Systems Manager
Hennepin County Sheriffs Office
Communications Division
1245 Shenandoah Ln
Plymouth, MN 55447
Medina Police Department
600 Clydesdale Trail
Medina, MN 55340
ATTN: Director of Public Safety: Jason Nelson
This Portion of Page Intentionally Left Blank
8
COUNTY ADMINISTRATOR APPROVAL
USER, having signed this contract, and the County having duly approved this contract on the
day of , , and pursuant to such approval, the proper County officials having
signed this contract, the parties hereto agree to be bound by the provisions herein set forth.
Reviewed by County Attorney's Office COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
Michael Bernard By:
David Hough
Date: County Administrator
Date.
Hennepin County Sheriff's Office
By:
By: _ Sheri Selton
Tracey A. Martin
Chief Deputy
Date:
Document Assembled by:
County Administration Clerk
Date:
By: �- _ USER
Kristine Urbowicz
Oct 20 2021 By:
Date Kathleen Martin
City Mayor
Date:
By:
Jodi Gallup
City Clerk
Date.
9
Hennepin County Sheriff's Office
Communications Division
Appendix A
Communications System Subscriber Agreement
Appendix A: 2021 Annual Subscriber Fees
Device Type & Support Level
HC Subscriber
Fleet Support Feel
MESB
Feet
State
PTID Fee3
Tier 1— All Radios
$286.32
$8.28
Admin Only — All Radios
$18.60
$8.28
Mobile Data Computer
$537.24
$0.00
$360.00
Tri-Tech Software License fee (Field Ops)
$180.00
Tri-Tech Software License fee (Desktop)
$35.00
$360.00
1 Note: Currently billed as "Radio Fleet Fee" or "MDC Support Fee." Tier 1
Subscriber Fleet Support Fee includes programming, maintenance, repair,
software updates, technical support, database and configuration support,
access to the special event shared pool of radios, repair loaners, training
support, and other costs attributable to supporting the radio fleet. Fleet
Support Fee for Consolettes (base radios) only covers maintenance and
repair on the radio unit, it does not include parts for or repair of desktop
remotes, wiring for remotes, antennas or antenna feedline.
Tier 2 is no longer available. Admin only is available only when specifically
authorized through cooperative agreement.
The annual fixed price MDC fleet support fee includes: (1) All Core Software
Support services described in the MDC Fleet Support Amendment to the
Subscriber Agreement; (2) Diagnosis of hardware failures, including GPS
receivers and commercial air cards. (3) Switching to repair loaner hardware;
(4) Processing of hardware covered under manufacturer's warranty or
extended service plan; (5) Software setup for new and replacement MDCs
(excluding installation in vehicle).
2 MESB Fee is a pass -through fee assessed by the Metropolitan Emergency
Services Board for its radio related administrative expenses.
3 State PTID Fee is a pass -through fee assessed by the State of
Minnesota for access to State Criminal Justice Database. This fee is
ONLY charged for MDCs and desktops requiring this access.
10
Hennepin County Sheriff's Office
Communications Division
Communications System Subscriber Agreement Appendix A:
2021 Time and Materials Charges
Hourly Rates
Communications Technician $50.00
Software Technician $105.00
Lead Communications Technician $60.00
Communications Engineer $69.00
Parts, Accessories, Batteries and Other Equipment
Cost Plus 10% Markup for Administrative Costs
External Contractor Repair Services
Cost Plus 10% Markup for Administrative Costs
.
Resolution No. 2021-
November 3, 2021
Member ___ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2021-
RESOLUTION ACCEPTING RESIGNATION OF
ASSISTANT CITY ADMINISTRATOR/CITY CLERK
JODI GALLUP
WHEREAS, Jodi Gallup was hired with the City of Medina on June 20, 2006; and
WHEREAS, on October 20, 2021, Jodi Gallup submitted a letter of resignation from her
position addressed to the City Administrator; and
WHEREAS, Jodi Gallup’s resignation from her position is effective November 3, 2021.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that
Jodi Gallup’s letter of resignation is hereby accepted.
Dated: November 3, 2021.
______________________________
Kathleen Martin, Mayor
ATTEST:
_______________________________
Scott Johnson, City Administrator-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
October 20, 2021
Scott Johnson, City Administrator
City of Medina
2052 County Road 24
Medina, MN 55340
Dear Scott,
Please accept this letter as my formal two-week notice that I am resigning from my position as Assistant
City Administrator/City Clerk with the City of Medina. My last day of employment will be on November
3, 2021. I have accepted the City Clerk/Administrative Coordinator position with the City of Plymouth. I
have enjoyed my fifteen years of employment with the City of Medina. I am grateful for all the
opportunities I have had over the years to lead projects, grow professionally, and connect with the
community.
Sincerely,
6,11,
Jodi Gallup
EXECUTION COPY
PLANNED UNIT DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF MEDINA
AND
MEDINA TOWNHOME DEVELOPMENT LLC
This document drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
746473.v56
TABLE OF CONTENTS
PAGE
1.Zoning; Adherence to General Plan 1
2.Right to Proceed 2
3.Plans; Improvements 2
4.Erosion Control 3
5.Site Grading; Haul Routes 4
6.Construction of Improvements 4
7.Public Street Improvements 5
8.Sanitary Sewer and Water Improvements 6
9.Stormwater Improvements 6
10.Landscaping Plan; Landscape Irrigation System; Tree Removal 6
11.Street Lighting and Signs 7
12.Trails and Sidewalks 7
13.Letter of Credit 7
14.City Trunk Connection Rates; SAC Fees 8
15.Responsibility for Costs; Escrow for Construction Inspection 9
16.Developer’s Default 9
17.Insurance 9
18.No Building Permits Approved; Certificates of Occupancy 10
19.Clean up and Dust Control 10
20.Compliance with Laws 10
21.Agreement Runs with the Land 10
22.Indemnification 11
23.Assignment 11
24.Notices 11
25.Severability 11
26.Non-waiver 1112
27.Counterparts 12
SIGNATURES 12-13-14
EXHIBIT A LEGAL DESCRIPTION OF PROPERTY
EXHIBIT B LIST OF PLAN DOCUMENTS
EXHIBIT C FORM OF QUIT CLAIM DEED (COUNTY HIGHWAY EASEMENT)
EXHIBIT D FORM OF DRAINAGE AND UTILITY EASEMENT
EXHIBIT E FORM OF STORMWATER MAINTENANCE AGREEMENT
EXHIBIT F FORM OF TREE PROTECTION DECLARATION
EXHIBIT G FORM OF TRAIL EASEMENT
EXHIBIT H IMPROVEMENT COST ESTIMATE
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746473.v56
This Planned Unit Development Agreement (the “Agreement”) is made and entered into
this ____ day of ______________, 2021, by and between the city of Medina, a municipal
corporation under the laws of Minnesota (the “City”), and Medina Townhome Development LLC, a
Minnesota limited liability company (the “Developer”).
WITNESSETH:
WHEREAS,the Developer is fee owner of the property located at 1432 County Road 29,
which is legally described in Exhibit A attached hereto (the “Property”); and
WHEREAS, the Developer previously submitted an application for approval to rezone the
Property to Planned Unit Development, for approval of a General Plan of Development, and for
approval of a site plan to accommodate a 23-unit rental townhome development within four
structures on the Property (the “Development”); and
WHEREAS, on September 21, 2021, the City conditionally rezoned the Property to Planned
Unit Development via Ordinance No. 675, and granted conditional approval of both the General
Plan of Development (the “General Plan”) and site plan via Resolution No. 2021-61; and
WHEREAS, the aforementioned ordinance and resolution related to the rezoning, the
General Plan, and the site plan shall be collectively referred to herein as the “City Approvals”; and
WHEREAS, the City Approvals are contingent upon the Developer entering into a planned
unit development agreement satisfactory to the City.
NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the
parties agree as follows:
Zoning; Adherence to General Plan. a) Subject to execution of this Agreement and1.
all other conditions contained in the City Approvals, the Property has been zoned Planned Unit
Development and may be developed with no more than 23 residential units. Although this
represents less density that what is contemplated under the City’s comprehensive plan, it was
approved because the City, based on the plans submitted by the Developer, determined that the
development exceeds other City zoning standards, as the comprehensive plan allows for up to -10%
density flexibility under said circumstances. Approval of said flexibility is strictly conditioned
upon the Developer’s compliance with all terms and conditions of the City Approvals and this
Agreement.
b)Adherence to the City Approvals involves restrictions on the Developer’s ability to
use and develop the Property. The Developer has carefully reviewed the City’s planned unit
development ordinance and the terms and conditions of the City Approvals and understands the
limitations on the use and development of the Property that such regulations and approvals impose.
The Developer has knowingly and willingly agreed to be bound by such regulations and approvals
because it has concluded it is in its best interests to see the Property developed pursuant to such
regulations and approvals.
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746473.v56
Right to Proceed. The Developer may not construct public or private improvements2.
or any buildings on the Property until all of the following conditions precedent have been satisfied:
this Agreement has been executed by the Developer and the City;a)
the required Letter of Credit (as hereinafter defined) has been received byb)
the City from or on behalf of the Developer;
final engineering and construction plans in digital form regarding thec)
Improvements (as hereinafter defined) have been submitted by the
Developer and approved by the City engineer;
the Developer has reimbursed the City for all legal, engineering andd)
administrative expenses incurred to date by the City regarding the
Development and has deposited with the City the additional inspection
escrow required by this Agreement;
the Developer has executed a quit claim deed for highway easemente)
purposes in favor of Hennepin County substantially in the form attached
hereto as Exhibit C;
the Developer has executed a drainage and utility easement substantially inf)
the form attached hereto as Exhibit D;
the Developer has executed a stormwater maintenance agreementg)
substantially in the form attached hereto as Exhibit E;
the Developer has executed a tree preservation declaration substantially inh)
the form attached hereto as Exhibit F;
the Developer has executed a trail easement substantially in the formi)
attached hereto as Exhibit G;
the Developer has submitted and the City has approved the certifiedj)
grading plan;
all erosion control measures are in place;k)
the Developer has received all required permits from the Minnehaha Creekl)
Watershed District, the Minnesota Pollution Control Agency, the
Minnesota Department of Health, the Metropolitan Council, Hennepin
County, and any other entity having jurisdiction over the Development;
the Developer or the Developer’s engineer has initiated and attended am)
preconstruction meeting with the City engineer and staff; and
the City has issued a notice that all conditions precedent have beenn)
satisfied and that the Developer may proceed to construct the
improvements contemplated by this Agreement.
Notwithstanding the foregoing, the Developer may request written approval from the City to allow
the commencement of construction of certain specifically identified Improvements prior to the
satisfaction of condition 2(l), provided, however, that any decision regarding whether to grant such
written approval shall be left entirely to the discretion of City staff and consultants.
Plans; Improvements. a) The Developer agrees to construct the Development in3.
accordance with the terms and conditions of the City Approvals, which are hereby fully
incorporated by reference into this Agreement and made a part hereof, and to construct all required
improvements in accordance with the approved engineering and construction plans (collectively,
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the “Plans”) and this Agreement. In the event of a conflict between the terms of the City Approvals
and this Agreement, this Agreement shall control. The documents which constitute the Plans are
those on file with and approved by the City and are listed on Exhibit B attached hereto. The Plans
may not be modified by the Developer without the prior written approval of the City or except as
expressly provided in this Agreement. Notwithstanding the foregoing, City staff may approve
minor changes to the Plans.
b)In constructing the Development in accordance with the Plans, the Developer shall
make or install at its sole expense the following public and private improvements (collectively, the
“Im provements”):
1.site grading;
2.public street improvements;
3.parking lot and private driveway;
4.sanitary sewer;
5.municipal water distribution system;
6.stormwater facilities; and
7.landscaping and privacy fence.
c)All work performed by or on behalf of the Developer on or related to the
Development, including construction of the Improvements and the townhome structures and related
improvements, shall be restricted to the hours of 7:00 a.m. through 8:00 p.m., Monday through
Friday and 8:00 a.m. through 5:00 p.m. on Saturday.
Erosion Control. a)All construction regarding the Improvements shall be4.
conducted in a manner designed to control erosion and in compliance with all City ordinances
and other requirements, including the City’s permit with the Minnesota Pollution Control Agency
regarding municipal separate storm sewer sys tem program. Before any portion of the Property is
rough graded, an erosion control plan shall be implemented by the Developer as approved by the
City. The City may impose reasonable, additional erosion control requirements after the City’s
initial approval if the City deems such necessary due to a change in conditions. All areas
disturbed by the excavation shall be reseeded promptly after the completion of the work in that
area unless construction of streets or utilities, buildings or other improvements is anticipated
immediately thereafter. Except as otherwise provided in the erosion control plan, seed shall
provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched, and
disc anchored as necessary for seed retention. The parties recognize that time is of the essence in
controlling erosion.
b)If the Developer does not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems
reasonably appropriate to control erosion based on the urgency of the situation. The City agrees
to provide reasonable notice to the Developer in advance of any proposed action, including
notice by telephone or email in the case of emergencies, but limited notice by the City when
conditions so dictate will not affect the Developer’s obligations or the City’s rights hereunder.
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c)The Developer agrees to reimburse the City for all expenses it incurs in
connection with any action it takes to control erosion. No grading or construction of the
Improvements will be allowed and no building permits will be issued within the Development
unless the Developer is in full compliance with the erosion control requirements. The erosion
control measures specified in the Plans or otherwise required within the Property or adjacent
areas shall be binding on the Developer and its successors and assigns.
Site Grading; Haul Routes. a) In order to construct the Improvements and5.
otherwise prepare the land for development, it will be necessary for the Developer to grade the
Property. All site grading must be done in compliance with the Plans and the requirements of the
Minnesota Pollution Control Agency regarding contaminated soils. The City may withhold
issuance of building permits for structures within the Development until the approved certified
grading plan is on file with the City and all erosion control measures are in place as determined
by the City. Within 30 days after completion of the grading, the Developer shall provide the City
with an “as constructed” grading plan and a certification by a registered land surveyor or engineer.
b)The Developer agrees that equipment, materials, and any fill material which must
be brought to or removed from the Property or adjacent areas while grading or during
construction of the Improvements or any buildings within the Development will be transported
using the haul route established by the City and will not be transported on any City street unless
designated and approved by the City in writing. The City designates the haul route as County
Road 29 to either Highway 12 or County Road 19.
Construction of Improvements. a) All Improvements shall be installed in6.
accordance with the Plans, the City Approvals, this Agreement, City ordinances, the City’s
engineering standards (as hereinafter defined) for utility construction and the requirements of the
report from the City engineer dated October 22, 2021. The Developer shall submit plans and
specifications for the Improvements prepared by a registered professional engineer. The
Developer shall obtain any necessary permits from the Minnesota Pollution Control Agency, the
Metropolitan Council, the Minnesota Department of Health, the Minnehaha Creek Watershed
District and any other agency having jurisdiction before proceeding with construction. The City
shall inspect all work at the Developer’s expense. The Developer, its contractors and
subcontractors, shall follow all instructions received from the City’s inspectors. Prior to
beginning construction, the Developer or the Developer’s engineer shall schedule a
preconstruction meeting with all parties concerned, including the City staff and engineers, to
review the program for the construction work.
b) Within 45 days after the completion of the Improvements, the Developer shall supply
the City with a complete set of reproducible “as constructed” plans and three complete sets of
paper “as constructed” plans, each prepared in accordance with City standards and in AutoCADD
format based on Hennepin County coordinates. Sanitary sewer, water and stormwater “as
constructed” plans shall also be submitted to the City in GIS format compatible with ArcMap 10
in the coordinates and with the attributes directed by the City Engineer. All Improvements
required by this Agreement shall be completed by no later than December 31, 2022, except as
specifically noted otherwise in this Agreement.
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c) The Developer agrees to require its contractor to provide to the City a warranty bond
for the public streets, sanitary sewer, and municipal water distribution sys tem to cover defects in
labor and materials for a period of two years from the date of their acceptance by the City or from
their completion if they are not to be dedicated to the City. During such period, the Developer
agrees to repair or replace any Improvement, or portion or element thereof, which shows signs of
failure, normal wear and tear excepted. A decision regarding whether an Improvement shows
signs of failure shall be made by the City in the reasonable exercise of its judgment. If the
Developer fails to repair or replace a defective Improvement during the warranty period after
prior written notice to Developer and opportunity to cure as provided in section 16 of this
Agreement, the City may repair or replace the defective portion and may use the Letter of Credit,
as hereinafter defined, to reimburse itself for such costs. The Developer agrees to reimburse the
City fully for the cost of all Improvement repairs or replacement if the cost thereof exceeds the
remaining amount of the Letter of Credit. Such reimbursement must be made within 45 days of
the date upon which the City notifies the Developer of the cost due under this section. If the
Developer fails to make required payments to the City, the Developer hereby consents to the City
levying special assessments against the Property in the amount of such required reimbursement,
provided, however, it does not exceed the amount required for the Letter of Credit. The
Developer, on behalf of itself and its successors and assigns, acknowledges the benefit to the
Property of the repair or replacement of the Improvements and hereby consents to such
assessment and waives the right to a hearing or notice of hearing or any appeal thereon under
Minnesota Statutes, Chapter 429.
Public Street Improvements. a) The Developer agrees to construct a new public7.
street from County Road 29 to the point where it turns south off the Property, all in accordance with
the City’s street specifications and the Plans. The City’s street specifications are contained in the
most recent edition of its engineering standards (the “Engineering Standards”), which is hereby
incorporated into this Agreement by reference. If there is a conflict between the Plans and the
Engineering Standards, the Engineering Standards shall prevail except when an alternative has been
explicitly approved in writing by the City.
b)The street construction shall be completed by no later than the date for completion
of all Improvements, except that the final wear course of bituminous on the new street section shall
not be completed until after (i) a certificate of occupancy has been issued for all townhomes in the
Development; and (ii) one freeze-thaw cycle occurs following the completion of the initial street
improvements, i.e. everything except for final wear course. Notwithstanding the above, the City
reserves the right to require installation of the wear course on the street whenever, at its sole
discretion, it deems that to be in the public interest. In no event, however, shall the Developer be
required to install the final wear course of bituminous between the days of November 1 and May
31. The Developer shall also repair or replace any broken or failing curbs and sidewalks at the time
of installation of the final wear course of bituminous.
c)Following completion of the public street addressed in this section 7 and the
inspection thereof by the city engineer, the City agrees to accept said street for maintenance if it had
been constructed according to City specifications, including the Engineering Standards and the
Plans. Notwithstanding the foregoing, removal of snow and ice from said street shall remain the
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responsibility of the Developer until the street is extended or otherwise utilized for access by one or
more additional parcels.
d)Hennepin County has reviewed the proposed Development and requested that the
Developer execute a quit claim deed, in the general form attached hereto as Exhibit C, to provide
for additional public right-of-way along County Road 29. The Developer agrees to execute said
instrument, which shall be recorded together with the other documents related to the Development.
Sanitary Sewer and Water Improvements. a) The Developer agrees to construct8.
sanitary sewer and water improvements to serve the Development. The Developer’s work in
constructing and extending the utilities must be in accordance with the Plans and must comply
with all City requirements regarding such utilities. The portion of sanitary sewer within the
public right-of-way along the south of the Development will be dedicated by the Developer to the
City as public improvements upon completion and acceptance by the City. The sanitary sewer
improvements north and east of manhole 2, as shown on the Plans, shall be privately owned and
maintained by the Developer. The water extensions within public right-of-way and extending
north through the driveway to the approximate location of the tot lot, as shown on the Plans, will
be dedicated by the Developer to the City as public improvements upon completion and
acceptance by the City. The Developer agrees to execute a drainage and utility easement, in the
form attached hereto as Exhibit D, so that the City has the authority to inspect and maintain all
public infrastructure in the future. Said easement shall also include perimeter easements and all
other drainage and utility easements deemed necessary pursuant to this Agreement or from the
standpoint of the city engineer.
Stormwater Improvements. The Developer agrees to construct the stormwater9.
facilities in accordance with the Plans and in compliance with all City requirements regarding
such improvements. The stormwater facilities include but are not limited to the underground
filtration basin and related facilities, all as shown on the Plans, which shall be built to
accommodate a future trail along the western boundary of the Property. The stormwater facilities
serving the Development will remain private and will be maintained by the Developer at its sole
expense. The City does not intend to accept the stormwater facilities as public and does not intend
to maintain them. In order to meet the requirements of the Minnehaha Creek Watershed District
and City code, the Developer agrees to enter into a Stormwater Maintenance Agreement with the
City in the form attached hereto as Exhibit E. The purpose of the Stormwater Maintenance
Agreement is to ensure that the Developer maintains the stormwater facilities and to give the City
the right but not the obligation to do so if the Developer fails in its obligations. The Stormwater
Maintenance Agreement will be recorded against the Property and will run with the land. The
Developer acknowledges that i) the stormwater facilities have not and will not be accepted by the
City; ii) the City does not plan to maintain or pay for maintenance, repair or replacement of the
stormwater facilities and that the Developer or its successors and assigns will have primary
responsibility for such work; iii) the City has the right but not the obligation to perform
necessary work upon the failure or refusal by the Developer to do so; and iv) if the City performs
any work on the stormwater facilities after reasonable notice to the Developer and the failure of
the Developer to perform the work, the City intends to specially assess the cost of such work
against the Property.
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Landscaping Plan; Landscape Irrigation Plan; Tree Removal. a) The Developer10.
agrees to install landscaping in accordance with the Plans, which shall include all tree replacement
requirements as provided in the City’s tree replacement ordinance to the extent applicable. All
landscaping shall include hardy, non-invasive and drought tolerant species appropriate for
Minnesota. All landscaping materials shall be maintained and replaced if they die within two years
of installation. The Developer shall also construct a privacy fence along the Property’s northern
boundary, as contained in the Plans.
b)Any automatic water irrigation system utilized on the Property shall adhere to city of
Maple Plain requirements, as the public water provided to the Development will be from the city of
Maple Plain. The Developer will submit the plans for the irrigation system prior to any permit
being issued for any structures within the Development.
c)The Developer shall provide replacement of 120 inches of trees pursuant to the
City’s tree preservation ordinance and the City Approvals. The Developer shall plant
replacement trees as shown in the Plans. In lieu of planting additional replacement trees, and
prior to commencing construction of the Improvements, the Developer may pay a fee of
$7,700.00 to the City’s environmental fund for the purpose of reforestation and woodlands
management. Any tree removal on the Property beyond what is contained in the Plans is subject
to additional replacement or fees in accordance with the City’s tree preservation ordinance.
d)The Developer agrees to execute and record a tree preservation declaration by
separate instrument in the form attached hereto as Exhibit F. Additionally, during construction
of the Improvements and any structures on the Property, the Developer shall place signage on the
Property regarding the limitations on tree removal.
Street Lighting and Signs.The Developer agrees to install street lighting and street11.
signs in accordance with the Plans and at its sole cost. Prior to the issuance of any building
permits, the Developer shall submit lighting details to the City for review and approval by City
staff. All lighting shall meet City standards. Street lighting shall include lighting fixtures
approved by the City and shall be equipped with luminaries which allow no light more than five
percent above the horizontal plane. Street signs shall be of a design approved by the City and
those located along public right-of-way shall be dedicated by the Developer to the City after
installation and acceptance by the City.
Trails and Sidewalks. All sidewalks shall be constructed by the Developer in12.
accordance with the Plans. The internal sidewalks, i.e. the sidewalks that are not along the new
public street, shall be privately owned and maintained by the Developer and the City shall have
no obligation to maintain, repair, or replace such sidewalks. Additionally, the Developer shall
execute a trail easement in the form attached hereto as Exhibit G to accommodate the future
construction of a north-south trail along the Property’s western boundary. The Developer agrees
to grade the Property to accommodate the future trail, and, accordingly, the Plans include said
grading components.
Letter of Credit. a) In order to ensure completion of the Improvements required13.
under this Agreement and satisfaction of all fees due to the City, the Developer agrees to deliver
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to the City prior to the issuance of any City permits related to the Development, a letter of credit
(the “Letter of Credit”) in the amount of $330,975.77 which represents 150 percent of the
estimated cost of the Improvements as specified in the Plans. This amount represents the
maximum risk exposure for the City, with careful consideration of the Improvements that will
eventually be publicly owned, and is based on the anticipated sequence of construction and the
estimate of cost of each element of the Improvements rather than the aggregate cost of all
required Improvements. The Letter of Credit shall be delivered to the City prior to beginning any
work on the Improvements and shall renew automatically thereafter until released by the City.
The estimated cost of the work covered by the Letter of Credit is itemized on Exhibit H attached
hereto. The Letter of Credit shall be issued by a bank determined by the City to be solvent and
creditworthy and shall be in a form acceptable to the City. The Letter of Credit shall allow the
City to draw upon the instrument, in whole or part, in order to complete construction of any or all
of the Improvements and other specified work within the Development and to pay any fees or
costs due to the City by the Developer after written notice to Developer and Developer’s failure
to cure the default within a reasonable period.
b)The City agrees to reduce the Letter of Credit to an amount roughly equal to 150
percent of the cost of the remaining work, subject to evaluation of the City’s maximum risk
exposure, delivery of the required warranty bond to the City and satisfaction of all of the
Developer’s financial obligations to the City. The Letter of Credit shall be released in full and
returned to the Developer following installation of the final wear course of bituminous on the
street; expiration of the aforementioned two-year warranty period; after satisfaction of all
financial obligations by the Developer to the City; and after completion of all other requirements
of this section. Prior to releasing any portion of the Letter of Credit or accepting another letter of
credit in replacement, the City shall first be satisfied regarding the quality and completeness of
the work and that the Developer has taken such steps as may be necessary to ensure that no liens
will attach to the Development. Notwithstanding anything herein to the contrary, the Letter of
Credit shall not be reduced to less than $50,000, until such time as the City releases the entire
Letter of Credit.
c)It is the intention of the parties that the City at all times have available to it a
Letter of Credit in an amount adequate to ensure completion of all elements of the Improvements
and other obligations of the Developer under this Agreement. To that end and notwithstanding
anything herein to the contrary, all requests by the Developer for a reduction or release of the
Letter of Credit shall be evaluated by the City in light of that principle.
d)If at any time the City reasonably determines that the bank issuing the Letter of
Credit no longer satisfies the City’s requirements regarding solvency and creditworthiness, the
City shall notify the Developer and the Developer shall provide to the City within 30 days a
substitute Letter of Credit from another bank meeting the City’s requirements. If within 30 days
of notice the Developer fails to provide the City with a substitute Letter of Credit from an issuing
bank satisfactory to the City, the City may draw under the existing Letter of Credit.
City Trunk Connection Rates; SAC Fees. a) In accordance with City policy and14.
to distribute uniformly the costs of public utility infrastructure improvements, the City will
charge the Developer trunk connection fees for the availability of sanitary sewer and water to the
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Property. The rates are typ ically adjusted annually. The trunk connection fees for sanitary sewer
and water shall be payable at the time of issuance of each building permit at the then-current
rates.
b) The Metropolitan Council also charges the City a sewer availability charge for each
new connection to the metropolitan sanitary sewer disposal sys tem or increase in capacity
demand. The Developer agrees to reimburse the City for any sewer availability charge paid by
the City to the Metropolitan Council. The Metropolitan Council’s current rate is $2,485.00 per
unit.
Responsibility for Costs; Escrow for Construction Inspection. a) The Developer15.
agrees to pay to the City an administrative fee in the amount necessary to reimburse the City for
its reasonable costs and expenses in reviewing the Development, including the drafting and
negotiation of this Agreement. The Developer agrees to reimburse the City in full for such
reasonable costs within 45 days after notice in writing by the City. The Developer further agrees to
reimburse the City for the reasonable cost incurred in the enforcement of any provision of this
Agreement, including reasonable engineering and attorneys’ fees.
b) The Developer shall also pay a fee for City construction observation and
administration relating to construction of the Improvements. Construction observation shall
include inspection of all the Improvements.In order to reimburse the City for the reasonable cost
of inspection of the Improvements, the Developer shall deposit an additional $23,000.00 into an
escrow account with the City, which shall receive and hold such funds solely under the terms of
this Agreement. The City shall reimburse itself for expenses from the escrow and will provide
the Developer with a copy of any invoice from the city engineer or evidence of other cost or
expense attributed to the escrow prior to deducting such funds from the escrow. If any funds
held under this escrow exceed the amount necessary to reimburse the City for its costs under this
section, such funds shall be returned to the Developer without interest. If it appears that the
actual costs incurred will exceed the estimate, the Developer and the City shall review the costs
required to complete the project and the Developer shall deposit additional sums with the City.
Developer’s Default.In the event of default by the Developer as to construction or16.
repair of any of the Improvements or any other work or undertaking required by this Agreement
(“Event of Default”), and such Event of Default continues for 30 days after the City provides
notice to the Developer of the nature of the default pursuant to the notice requirements in this
Agreement, or if such default cannot be cured within 30 days, after such time period as may be
reasonably required to cure the default provided that Developer is making a good faith effort to
cure said default, the City may, at its option, perform the work and the Developer shall promptly
reimburse the City for any expense incurred by the City. This Agreement is a license for the City
to act, and it shall not be necessary for the City to seek an order from any court for permission to
enter the Property for such purposes. If the City does any such work, the City may, in addition to
its other remedies, levy special assessments against the Property to recover the costs thereof,
provided, however, that it does not exceed the total Letter of Credit amount specified in section
13. For this purpose, the Developer, for itself and its successors and assigns, expressly waives
any and all procedural and substantive objections to the special assessments, including but not
limited to, hearing requirements and any claim that the assessments exceed the benefit to the land
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so assessed. The Developer, for itself and its successors and assigns, also waives any appeal
rights otherwise available pursuant to Minnesota Statutes, section 429.081.
Insurance. The Developer agrees to take out and maintain or cause to be taken out17.
and maintained until six months after the City has accepted the Improvements, public liability
and property damage insurance covering personal injury, including death, and claims for property
damage which may arise out of Developer’s work or the work of its contractors or subcontractors.
Liability limits shall not be less than $500,000 when the claim is one for death by wrongful act or
omission or for any other claim and $1,500,000 for any number of claims arising out of a single
occurrence. The City shall be named as an additional insured on the policy. The certificate of
insurance shall provide that the City must be given the same advance written notice of the
cancellation of the insurance as is afforded to the Developer.
No Building Permits Approved; Certificates of Occupancy. a) Approvals granted18.
to date by the City regarding the Development do not include approval of a building permit for
any structure. The Developer must submit and the City must approve building plans prior to an
application for a building permit for a structure on any lot within the Development. All building
pads must be certified prior to initiation of construction of a home on a lot. The Developer or the
party applying for a building permit shall be responsible for payment of the customary fees
associated with the building permit and all other deferred fees as specified in this Agreement.
b)Except as described hereafter, noNo building permit shall be issued for any
structure within the Development until all utility improvements have been completed and streets
constructed, except for the final wear course of bituminous. At the Developer’s request, City
staff may issue one or more building permits prior to the full completion of all street and utility
improvements only if the City deems, in its sole discretion, that (i) sufficient progress has been
made on said improvements, and (ii) the Developer has provided an acceptable plan to stage
construction of the buildings and remaining street and utility improvements in a manner that will
not be detrimental to the public, including, but not limited to, all public infrastructure within and
surrounding the Development, and all utilities have been completed.
c)No certificate of occupancy shall be issued for any structure unless prior thereto
the lot has been graded and all landscaping installed in accordance with the Plans, the driveway
and parking has been installed, the footing drain tile or sump pump is discharging in an approved
location, the water service valve is in proper working order and an as built survey has been
submitted and approved by the City. In cases in which seasonal weather conditions make
compliance with these conditions impossible, the City may accept an escrow of sufficient amount
to ensure completion of the work during the following construction season.
Clean up and Dust Control.The Developer shall clean on a daily basis dirt and19.
debris from streets adjoining the Development resulting from construction work by the
Developer, its contractors, agents or assigns. Prior to any construction on the Property or
adjacent areas, the Developer shall identify to the City in writing a responsible party for erosion
control, street cleaning, and street sweeping. The Developer shall provide dust control to the
satisfaction of the City’s engineer throughout construction of the Development.
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Compliance with Laws. The Developer agrees to comply with all laws, resolutions,20.
ordinances, regulations and directives of the state of Minnesota and the City applicable to the
Development. This Agreement shall be construed according to the laws of Minnesota. Breach of
the terms of this Agreement by the Developer shall, among other remedies available to the City, be
grounds for denial of building permits on the Property.
Agreement Runs with the Land. This Agreement shall run with the Property and21.
shall be recorded against the title thereto and shall bind and inure to the benefit of the City and
the Developer and their successors and assigns. The Developer’s successors in title may be
responsible for certain obligations under this Agreement as required by the City. Upon request by
Developer or its successors or assigns, the City will issue a certificate in recordable form which
certifies the extent which the Developer is in compliance with the terms of this Agreement, and if
Developer has fully complied with and completed all terms of this Agreement, Releasing
Developer from this Agreement. As of the date hereof, the Developer warrants that to
Developer’s actual knowledge, there are no unrecorded encumbrances or interests relating to the
Property. The Developer agrees to indemnify and hold the City harmless for any breach of the
foregoing covenants.
Indemnification.The Developer hereby agrees to indemnify and hold the City and22.
its officers, employees, and agents harmless from claims made by third parties for damages
sustained or costs incurred to the extent arising from a breach of this Agreement by the
Developer or any negligent or intentional act or omission of the Developer. The Developer
hereby agrees to indemnify and hold the City and its officers, employees, and agents harmless for
all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys’ fees, except matters involving intentional acts or gross negligence by the
City.
Assignment. The Developer may not assign this Agreement without the prior23.
written permission of the City, which consent shall not be unreasonably withheld, conditioned or
denied.
Notices. Any notice or correspondence to be given under this Agreement shall be24.
deemed to be given if delivered personally or sent by United States certified or registered mail,
postage prepaid, return receipt requested:
a) as to Developer:Medina Townhome Development LLC
7528 Zanzibar Lane North
Maple Grove, MN 55311
Attn: Shane LaFave
b)as to City:City of Medina
2052 County Road 24
Medina, MN 55340
Attention: City Administrator
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with a copy to:Ronald H. Batty
Kennedy & Graven
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
or at such other address as either party may from time to time notify the other in writing in
accordance with this section. The Developer shall notify the City if there is any change in its name
or address.
Severability. In the event that any provision of this Agreement shall be held invalid,25.
illegal or unenforceable by any court of competent jurisdiction, such holding shall pertain only to
such section and shall not invalidate or render unenforceable any other section or provision of this
Agreement.
Non-waiver.Each right, power or remedy conferred upon the City by this26.
Agreement is cumulative and in addition to every other right, power or remedy, express or
implied, now or hereafter arising, or available to the City at law or in equity, or under any other
agreement. Each and every right, power and remedy herein set forth or otherwise so existing
may be exercised from time to time as often and in such order as may be deemed expedient by
the City and shall not be a waiver of the right to exercise at any time thereafter any other right,
power or remedy.If either party waives in writing any default or nonperformance by the other
party, such waiver shall be deemed to apply only to such event and shall not waive any other prior
or subsequent default.
Counterparts. This Agreement may be executed simultaneously in any number of27.
counterparts, each of which shall be an original and shall constitute one and the same Agreement.
*********************
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IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the day and year first above written.
CITY OF MEDINA
By:__________________________________
Kathleen Martin, Mayor
By:__________________________________
Scott T. Johnson,
City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of __________, 2021,
by Kathleen Martin and Scott T. Johnson, the mayor and city administrator, respectively, of the city
of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation.
____________________________________
Notary Public
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THE DEVELOPER:
By:
Shane LaFave
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on ________________ 2021, by Shane
LaFave, the Manager of Medina Townhome Development LLC, a Minnesota limited liability
company, on behalf of said entity.
____________________________________
Notary Public
This document drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
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EXHIBIT A TO
PLANNED UNIT DEVELOPMENT AGREEMENT
Legal Description of the Property
The Property is located in Hennepin County, Minnesota and legally described as follows:
That part of the Northwest Quarter of Section 30, Township 118 North, Range 23 West of
the 5th Principal Meridian, described as follows: Beginning at a point on the West line of
said Northwest Quarter, distant 813 feet South of the Northwest corner thereof; thence
South along said West line 231 feet; thence deflecting 90 degrees left 472 feet; thence
deflecting 90 degrees left 231 feet; thence West to the point of beginning.
Abstract Property
A- 1
746473.v56
EXHIBIT B TO
PLANNED UNIT DEVELOPMENT AGREEMENT
List of Plan Documents
[to be inserted]
B- 1
746473.v56
746473.v56 C- 1
EXHIBIT C TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FORM OF
QUIT CLAIM DEED
746473.v56 C- 2
746473.v56 C- 3
EXHIBIT D TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FORM OF
DRAINAGE AND UTILITY EASEMENT
THIS INSTRUMENT is made by Medina Townhome Development LLC, a Minnesota limited
liability company, Grantor, in favor of the city of Medina, a Minnesota municipal corporation,
Grantee.
Recitals
A.Grantor is the fee owner of property located in Medina and legally described in Exhibit A
attached hereto (the “Property”).
B.Grantor desires to grant to the Grantee a drainage and utility easement, according to the
terms and conditions contained herein.
Terms of Easement
Grant of Easement. For good and valuable consideration, receipt of which is acknowledged1.
by Grantor, Grantor grants and conveys to the Grantee a permanent, non-exclusive easement for
drainage and utility purposes over, under and across the portion of the Property described in Exhibit
B attached hereto (the “Easement Area”). The Easement Area is depicted in Exhibit C attached
hereto.
2.Scope of Easement The permanent, non-exclusive drainage and utility easement granted
herein includes the right of the Grantee, its contractors, agents, and employees to enter the
premises at all reasonable times for the purpose of locating, constructing, reconstructing,
operating, maintaining, inspecting, altering and repairing storm sewer, sanitary sewer and water
facilities and ground surface drainage ways in the described Easement Area. The easement
granted herein also includes the right to cut, trim, or remove from the Easement Area trees,
shrubs, or other vegetation that, in the Grantee's judgment, unreasonably interfere with the
easement or facilities of the Grantee, its successors or assigns.
3.Warranty of Title. The Grantor warrants it is the fee owner of the Property and has the
right, title and capacity to convey to the Grantee the easement herein.
4.Environmental Matters. The Grantee shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release
of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate
to, the Easement Area or Property prior to the date of this instrument.
5.Binding Effect. The terms and conditions of this instrument shall run with the Property
and be binding on the Grantor, its heirs and assigns.
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STATE DEED TAX DUE HEREON: NONE
Dated this _____ day of __________, 2021.
MEDINA TOWNHOME DEVELOPMENT LLC
By:
Shane LaFave
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on ________________ 2021, by Shane
LaFave, the Manager of Medina Townhome Development LLC, a Minnesota limited liability
company, on behalf of said entity.
____________________________________
Notary Public
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered (DTA)
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
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EXHIBIT A
Legal Description of the Property
The Property is located in Hennepin County, Minnesota and legally described as follows:
That part of the Northwest Quarter of Section 30, Township 118 North, Range 23 West of
the 5th Principal Meridian, described as follows: Beginning at a point on the West line of
said Northwest Quarter, distant 813 feet South of the Northwest corner thereof; thence
South along said West line 231 feet; thence deflecting 90 degrees left 472 feet; thence
deflecting 90 degrees left 231 feet; thence West to the point of beginning.
Abstract Property
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EXHIBIT B
Legal Description of the Easement Area
A 20.00-foot easement over, under, and across Parcel A described as follows:
Parcel A:
That part of the Northwest Quarter of Section 30, Township 118 North, Range 23 West of the 5th
Principal Meridian described as follows: Beginning at a point on the West line of said Northwest Quarter
distant 813 feet south of the Northwest corner thereof; thence South along said West line 231 feet;
thence deflecting 90 degrees left 472 feet; thence deflecting 90 degrees left 231 feet; thence West to
the point of beginning.
The center line of said easement is described as follows:
Commencing at the southwest corner of said parcel Parcel A; thence on an assumed bearing of
NORTH along the west line of said Parcel A, a distance of 6.00 feet to the Point of Beginning of
the center line to be described; thence on a bearing of EAST along a line parallel to the south
line of said Parcel A, a distance of 242.02 feet; thence North 45 degrees 00 minutes 00 seconds
East a distance of 18.02 feet; thence on a bearing of NORTH a distance of 18.26 to a point
hereinafter referred to as Point A; thence continuing on a bearing of NORTH a distance of 75.31
feet to a point hereinafter referred to as Point B; thence continuing on a bearing of NORTH a
distance of 41.67 feet to a point hereinafter referred to as Point C; thence continuing on a
bearing of NORTH a distance of 77.02 feet to the north line of Parcel A and there terminating.
Together with the center line that is described as follows:
Beginning at said Point A; thence on an assumed bearing of EAST a distance of 170.59 feet and
there terminating.
Together with the center line that is described as follows:
Beginning at said Point B; thence on an assumed bearing of WEST a distance of 179.14 feet and
there terminating.
Together with the center line that is described as follows:
Beginning at said Point C; thence on an assumed bearing of WEST a distance of 155.60 feet and
there terminating.
Together with the center line that is described as follows:
Beginning at said Point C; thence on an assumed bearing of EAST a distance of 180.90 feet and
there terminating.
The side lines of said easement are to be shortened or extended to terminate at the north and south
line of Parcel A.
Said easement has a total area of 21,377.85 sq feet.
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AND
An easement over, under, and across Parcel A described as follows:
Parcel A:
That part of the Northwest Quarter of Section 30, Township 118 North, Range 23 West of the 5th
Principal Meridian described as follows: Beginning at a point on the West line of said Northwest Quarter
distant 813 feet south of the Northwest corner thereof; thence South along said West line 231 feet;
thence deflecting 90 degrees left 472 feet; thence deflecting 90 degrees left 231 feet; thence West to
the point of beginning.
Said easement described as follows:
Commencing at the southeast corner of said Parcel A; thence on an assumed bearing of NORTH
along the east line of said Parcel A, a distance of 11.87 feet to the Point of Beginning; thence on
a bearing of WEST a distance of 19.00 feet; thence on a bearing of SOUTH a distance of 11.87
feet to a point on the south line of Parcel A; thence on a bearing of WEST along the south line of
said Parcel A, a distance of 158.47 feet; thence on a bearing of NORTH a distance of 33.48 feet;
thence on a bearing of EAST a distance of 158.47 feet; thence on a bearing of SOUTH a distance
of 11.61 feet; thence on a bearing of EAST a distance of 19.00 feet to a point on the east line of
said Parcel A; thence on a bearing of SOUTH along the east line of said Parcel A, a distance of
10.00 feet to the Point of Beginning.
Containing 5,495 square feet
Together with an easement that is described as follows:
Commencing at the southeast corner of said Parcel A; thence on an assumed bearing of NORTH
along the east line of said Parcel A, a distance of 125.52 feet to the Point of Beginning; thence
on a bearing of WEST a distance of 25.61 feet; thence on a bearing of SOUTH a distance of
13.55 feet; thence on a bearing of WEST a distance of 94.87 feet; thence on a bearing of NORTH
a distance of 30.27 feet; thence on a bearing of EAST a distance of 94.87 feet; thence on a
bearing of SOUTH a distance of 6.72 feet; thence on a bearing of EAST a distance of 25.61 feet
to a point on the east line of said Parcel A; thence on a bearing of SOUTH along the east line of
said Parcel A, a distance of 10.00 feet to the Point of Beginning.
Containing 3,127 square feet
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EXHIBIT C
Depiction of the Easement Area
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EXHIBIT E TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FORM OF
STORMWATER MAINTENANCE AGREEMENT
THIS AGREEMENT (the “Agreement”) is made and entered into as of the ____ day of
_________, 2021, by and between the city of Medina, a Minnesota municipal corporation (the
“City”) and Medina Townhome Development LLC, a Minnesota limited liability company (the
“Developer”).
WITNESSETH:
WHEREAS, the Developer is the fee owner of certain real property located in Hennepin
County, Minnesota, legally described on Exhibit A attached hereto (the “Property”); and
WHEREAS, the City has obtained drainage and utility easements over portions of the
Property (the “Easement Areas”); and
WHEREAS, by a separate planned unit development agreement (the “PUD Agreement”),
the Developer has agreed to construct and maintain certain stormwater facilities (the “Stormwater
Improvements”) for the benefit of the Property; and
WHEREAS, the Stormwater Improvements which are the subject of this Agreement
include an underground filtration basin and all related facilities. The location of the Stormwater
Improvements are shown on Exhibit B attached hereto; and
WHEREAS, the Minnehaha Creek Watershed District requires permanent provisions for
handling of storm runoff, including terms and conditions for operation and maintenance of all
Stormwater Improvements, and requires such provisions to be set forth in an agreement to be
recorded against the Property; and
WHEREAS, the City and the Developer intend to comply with certain conditions,
including entering into a maintenance agreement regarding the Stormwater Improvements.
NOW, THEREFORE, in consideration of mutual covenants of the parties set forth
herein and other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1.Maintenance of the Stormwater Improvements. The Developer, for itself and its
successor or assigns, agrees to maintain the Stormwater Improvements and observe all drainage
laws governing the operation and maintenance of the Stormwater Improvements. The Developer
shall make periodic inspection and perform maintenance of the Stormwater Improvements as
described in Exhibit C attached hereto. The Developer shall make all such scheduled inspections
and maintenance, keep record of all inspections and maintenance activities, and submit such
records annually to the City. The cost of all inspections and maintenance shall be the obligation
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of the Developer and its successors or assigns as the fee owner of the Property.
2.City’s Maintenance Rights. The City may inspect the Stormwater Improvements
at any time and shall have the right to enter upon the Easement Areas and such portions of the
Property as may reasonably be necessary to gain access to the Easement Areas to perform such
inspections. Additionally, the City may maintain the Stormwater Improvements, as provided in
this paragraph, if the City reasonably believes that the Developer or its successors or assigns has
failed to maintain the Stormwater Improvements in accordance with applicable drainage laws and
other requirements and such failure continues for 30 days after the City gives the Developer
written notice of such failure or, if such tasks cannot be completed within 30 days, after such
time period as may be reasonably required to complete the required tasks provided that
Developer is making a good faith effort to complete said task. The City’s notice shall specifically
state which maintenance tasks are to be performed. If Developer does not complete the
maintenance tasks within the required time period after such notice is given by the City, the City
shall have the right to enter upon the Easement Areas and such portions of the Property as may
reasonably be necessary to gain access to the Easement Areas to perform such maintenance tasks.
In such case, the City shall send an invoice of its reasonable maintenance costs to the Developer
or its successors or assigns, which shall include all reasonable staff time, engineering and legal
and other reasonable costs and expenses incurred by the City. If the Developer or its successors
or assigns fails to reimburse the City for its costs and expenses in maintaining the Stormwater
Improvements within 30 days of receipt of an invoice for such costs, the City shall have the right
to assess the full cost thereof against the Property. The Developer, on behalf of itself and its
successors and assigns, acknowledges that the maintenance work performed by the City
regarding the Stormwater Improvements benefits the Property in an amount which exceeds the
assessment and hereby waives any right to hearing or notice and the right to appeal the
assessments otherwise provided by Minnesota Statutes, Chapter 429. Notwithstanding the
foregoing, in the event of an emergency, as determined by the city engineer, the 30-day notice
requirement to the Developer for failure to perform maintenance tasks shall be and hereby is
waived in its entirety by the Developer, and the Developer shall reimburse the City and be
subject to assessment for any expense so incurred by the City in the same manner as if written
notice as described above has been given.
3.Hold Harmless. The Developer hereby agrees to indemnify and hold harmless the
City and its agents and employees against any and all claims, demands, losses, damages, and
expenses (including reasonable attorneys’ fees) arising out of or resulting from the Developer’s,
or the Developer’s agents’ or employees’ negligent or intentional acts, or any violation of any
safety law, regulation or code in the performance of this Agreement, without regard to any
inspection or review made or not made by the City, its agents or employees or failure by the City,
its agents or employees to take any other prudent precautions, except to the extent of intentional
or grossly negligent acts of the City, its employees, agents and representatives. In the event the
City, upon the failure of the Developer to comply with any conditions of this Agreement,
performs said conditions pursuant to its authority in this Agreement, the Developer shall
indemnify and hold harmless the City, its employees, agents and representatives for its own
negligent acts in the performance of the Developer’s required work under this Agreement, but
this indemnification shall not extend to intentional or grossly negligent acts of the City, its
employees, agents and representatives.
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4.Costs of Enforcement. The Developer agrees to reimburse the City for all
reasonable costs prudently incurred by the City in the enforcement of this Agreement, or any
portion thereof, including court costs and reasonable attorneys’ fees after providing written notice
to Developer and a reasonable opportunity to cure.
5.Rights Not Exclusive. No right of the City under this Agreement shall be deemed
to be exclusive and the City shall retain all rights and powers it may have under Minnesota
Statutes, sections 444.16 to 444.21 to acquire, construct, reconstruct, extend, maintain and
otherwise improve the Stormwater Improvements.
6.Notice. All notices required under this Agreement shall either be personally
delivered or be sent by United States certified or registered mail, postage prepaid, and addressed
as follows:
a) as to Developer:Medina Townhome Development LLC
7528 Zanzibar Lane North
Maple Grove, MN 55311
Attn: Shane LaFave
b)as to City:City of Medina
2052 County Road 24
Medina, MN 55340
Attention: City Administrator
with a copy to:Ronald H. Batty
Kennedy & Graven
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
or at such other address as either party may from time to time notify the other in writing in
accordance with this paragraph.
7.Successors and Assigns. All duties and obligations of Developer under this
Agreement shall also be duties and obligations of Developer’s successors and assigns. The terms
and conditions of this Agreement shall run with the Property.
8.Effective Date. This Agreement shall be binding and effective as of the date first
written above.
[signature pages to follow]
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THE DEVELOPER:
By:
Shane LaFave
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on ________________ 2021, by Shane
LaFave, the Manager of Medina Townhome Development LLC, a Minnesota limited liability
company, on behalf of said entity.
____________________________________
Notary Public
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CITY OF MEDINA
By:__________________________________
Kathleen Martin, Mayor
By:__________________________________
Scott T. Johnson,
City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of __________, 2021,
by Kathleen Martin and Scott T. Johnson, the mayor and city administrator, respectively, of the city
of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation.
____________________________________
Notary Public
This instrument drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
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EXHIBIT A TO
STORMWATER MAINTENANCE AGREEMENT
Legal Description of the Property
The Property is located in Hennepin County, Minnesota and legally described as follows:
That part of the Northwest Quarter of Section 30, Township 118 North, Range 23 West of
the 5th Principal Meridian, described as follows: Beginning at a point on the West line of
said Northwest Quarter, distant 813 feet South of the Northwest corner thereof; thence
South along said West line 231 feet; thence deflecting 90 degrees left 472 feet; thence
deflecting 90 degrees left 231 feet; thence West to the point of beginning.
Abstract Property
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EXHIBIT B TO
STORMWATER MAINTENANCE AGREEMENT
Depiction of Location of Stormwater Improvements
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EXHIBIT C TO
STORMWATER MAINTENANCE AGREEMENT
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EXHIBIT F TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FORM OF TREE PRESERVATION DECLARATION
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (this
"Declaration") is made as of this ____ day of ____________, 2021, by Medina Townhome
Development LLC, a Minnesota limited liability company (the "Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property located in the city of Medina,
Hennepin County, Minnesota and legally described on Exhibit A attached hereto (the "Property");
and
WHEREAS, in order to facilitate the development of the Property, a significant number of
trees were removed from the Property in excess of what is otherwise allowed under local law; and
WHEREAS, the city of Medina, a Minnesota municipal corporation (the “City”), requires
the Property be protected from additional tree removal and that such provisions be set forth in a
document recorded in the real estate records.
NOW, THEREFORE, Declarant hereby declares the Property shall be transferred, held,
sold, conveyed, occupied and developed subject to the following covenants, conditions, and
restrictions which are hereby granted by Declarant and shall run with the land and be binding on all
parties having any right, title or interest in the Property or any part thereof, their successors and
assigns, and shall inure to the benefit of all owners thereof and the City.
Restrictions. Any tree removal that occurs on the Property shall be subject to the City’s tree1.
replacement requirements, or payment to the City of a fee in lieu thereof, both of which are
expressly provided in the City’s tree preservation ordinance, as may be amended from time
to time.
Severability. Invalidation of any one of these covenants or restrictions by judgment or court2.
order shall in no way affect any other provisions, all of which shall remain in full force and
effect.
Duration. The covenants and restrictions of this Declaration shall run with and bind the3.
land, and shall inure to the benefit of and be enforceable by the City, the Declarant, or any
owner of any portion of the Property subject to this Declaration, or their heirs, successors
and assigns, for a term of 30 years after the date this Declaration is recorded.
Notices.All notices under this Declaration shall either be personally delivered or be sent4.
by United States certified or registered mail, postage prepaid, and addressed as follows:
F- 1
746473.v56
a) as to Declarant:Medina Townhome Development LLC
7528 Zanzibar Lane North
Maple Grove, MN 55311
Attn: Shane LaFave
b)as to City:City of Medina
2052 County Road 24
Medina, MN 55340
Attention: City Administrator
with a copy to:Ronald H. Batty
Kennedy & Graven
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
or at such other address as either party may from time to time notify the other in writing
in accordance with this paragraph.
Amendment. This Declaration may be amended by an instrument signed by all owners of5.
any portion of the Property and the City. Each amendment must be recorded to be effective.
Interpretation. The interpretation and performance of this Declaration shall be governed by6.
the applicable laws of the State of Minnesota.
************************
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IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto
caused these presents to be executed as of the day and year first above written.
DECLARANT
By:
Shane LaFave
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on ________________ 2021, by Shane
LaFave, the Manager of Medina Townhome Development LLC, a Minnesota limited liability
company, on behalf of said entity.
____________________________________
Notary Public
This document drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
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746473.v56 F-A- 1
EXHIBIT A TO
TREE PROTECTION DECLARATION
The land to which this Declaration applies is located in Hennepin County, Minnesota and legally
described as follows:
That part of the Northwest Quarter of Section 30, Township 118 North, Range 23 West of
the 5th Principal Meridian, described as follows: Beginning at a point on the West line of
said Northwest Quarter, distant 813 feet South of the Northwest corner thereof; thence
South along said West line 231 feet; thence deflecting 90 degrees left 472 feet; thence
deflecting 90 degrees left 231 feet; thence West to the point of beginning.
Abstract Property
EXHIBIT G TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FORM OF TRAIL EASEMENT
TRAIL EASEMENT
THIS INSTRUMENT is made by Medina Townhome Development LLC, a Minnesota limited
liability company, Grantor, in favor of the city of Medina, a Minnesota municipal corporation,
Grantee.
Recitals
A.Grantor is the fee owner of the property located in Hennepin County, Minnesota and legally
described on Exhibit A attached hereto (the “Property”).
B.Grantor desires to grant to the Grantee a trail easement, according to the terms and
conditions contained herein.
C.The easement is legally described in Exhibit B attached hereto. The easement is depicted in
Exhibit C attached hereto.
Terms of Easements
Grant of Easement. For good and valuable consideration, receipt of which is2.
acknowledged by Grantor, Grantor grants and conveys to the Grantee a perpetual, non-exclusive
easement for public trail purposes over, under, across and through the portion of the Property
legally described in Exhibit B attached hereto.
Scope of Easement.The perpetual easement for trail purposes granted herein includes3.
the right of the Grantee, its contractors, agents, and employees to locate, construct, operate,
maintain, alter and repair public trail facilities within the described easement area. The easement
granted herein also includes the right to cut, trim, or remove from the easement areas trees,
shrubs, or other vegetation as in the Grantee’s judgment unreasonably interfere with the easement
or facilities of the Grantee, its successors or assigns.
Warranty of Title. The Grantor warrants that it is the owner of the Property and has the4.
right, title and capacity to convey to the Grantee the easement herein.
Environmental Matters. The Grantee shall not be responsible for any costs, expenses,5.
damages, demands, obligations, including penalties and reasonable attorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release
of any hazardous substances, pollutants, or contaminants which may have existed on, or which
relate to, the easement area or Property prior to the date of this instrument.
Binding Effect. The terms and conditions of this instrument shall run with the land and6.
be binding on the Grantor, its successors and assigns.
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STATE DEED TAX DUE HEREON: NONE
Dated this _____ day of ______________, 2021.
By:
Shane LaFave
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on ________________ 2021, by Shane
LaFave, the Manager of Medina Townhome Development LLC, a Minnesota limited liability
company, on behalf of said entity.
____________________________________
Notary Public
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
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EXHIBIT A TO
TRAIL EASEMENT
Legal Description of the Property
The Property is located in Hennepin County, Minnesota and legally described as follows:
That part of the Northwest Quarter of Section 30, Township 118 North, Range 23 West of
the 5th Principal Meridian, described as follows: Beginning at a point on the West line of
said Northwest Quarter, distant 813 feet South of the Northwest corner thereof; thence
South along said West line 231 feet; thence deflecting 90 degrees left 472 feet; thence
deflecting 90 degrees left 231 feet; thence West to the point of beginning.
Abstract Property
746473.v56 G-B- 1
EXHIBIT B TO
TRAIL EASEMENT
Legal Description of Easement
An easement for trail purposes over, under, and across Parcel A described as follows:
Parcel A:
That part of the Northwest Quarter of Section 30, Township 118 North, Range 23 West of the 5th
Principal Meridian described as follows: Beginning at a point on the West line of said Northwest
Quarter distant 813 feet south of the Northwest corner thereof; thence South along said West line
231 feet; thence deflecting 90 degrees left 472 feet; thence deflecting 90 degrees left 231 feet;
thence West to the point of beginning.
Said easement described as follows:
The east 8 feet of the west 59 feet of said Parcel A.
Easement contains 1,848.00 sq feet.
746473.v56 G-C- 1
EXHIBIT C TO
TRAIL EASEMENT
Depiction of Easement
EXHIBIT H TO
PLANNED UNIT DEVELOPMENT AGREEMENT
IMPROVEMENT COST ESTIMATE
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COLLATERAL ASSIGNMENT AND SUBORDINATION
OF DEVELOPMENT AGREEMENT
This Collateral Assignment and Subordination of Development Agreement (“Assignment”) is made and
entered into as of the ________ day of ________________, 2021, by and among the City of Medina, a
municipal corporation under the laws of Minnesota (“City”), and Medina Townhome
Development LLC, a Minnesota limited liability company (“Developer”), and Commerce Bank, a
Minnesota banking corporation (“Lender”).
WHEREAS, the City and the Developer are parties to that certain Planned Unit Development
Agreement (“Agreement”) pertaining to, among other things, the construction of a 23-unit rental
townhome development (“Project”), all to be located on property legally described on Exhibit A
attached hereto and hereby made a part hereof (“Property”); and
WHEREAS, the Developer and the Lender have entered into that certain Loan Agreement of
even date herewith (“Loan Agreement”), pursuant to which the Lender has agreed to make a construction
loan to the Developer in the original principal amount of $5,900,000.00, evidenced by a Promissory Note
in the original principal amount of up to $5,900,000.00 (“Note”) and payable to the order of the Lender;
and
WHEREAS, the Note is secured by that certain Mortgage, Security Agreement, Fixture Financing
Statement of even date herewith (“Mortgage”), executed by the Developer in favor of the Lender and
encumbering the Property; and
WHEREAS, the Mortgage has been filed of record in the office of the Hennepin County Recorder
concurrently herewith; and
WHEREAS, the Lender has required, as an express condition to entering into the Loan
Agreement, that the Developer assign its rights under the Development Agreement to the Lender to secure
the obligations of the Developer under the Note, the Loan Agreement and the Mortgage, and that certain
rights of the City under the Development Agreement be subordinated to the Mortgage.
NOW, THEREFORE, in consideration of the recitals set forth above and incorporated herein, and
for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Developer hereby agrees as follows:
1. Capitalized terms used herein but not otherwise defined herein shall have the meaning set
forth in the Loan Agreement.
2. The Developer hereby assigns to the Lender all of its right, title and interest in and to the
Development Agreement, together with all documents and agreements attached as exhibits thereto, and all
amendments, addenda and modifications thereof, whether made now or hereafter, to secure the
obligations of the Developer under the Note, the Loan Agreement and the Mortgage.
3. The Developer hereby represents and warrants that there have been no prior assignments
of its rights under the Development Agreement, that the Development Agreement is a valid and
enforceable agreement, that neither the City nor the Developer are in default thereunder and that all
covenants, conditions and agreements have been performed as required therein, except those not to be
performed until after the date hereof. The Developer agrees not to sell, assign, pledge, mortgage or
otherwise transfer or encumber its interest in the Development Agreement as long as this Assignment is in
Agenda Item #5E
2
effect. The Developer hereby irrevocably constitutes and appoints the Lender as its attorney-in-fact to
demand, receive and enforce the Developer’s rights under the Development Agreement for and on behalf
of and in the name of the Developer, or, at the option of the Lender, in the name of the Lender, with the
same force and effect as the Developer could do if this Assignment had not been made.
4. This Assignment shall constitute a perfected, absolute and present assignment, provided
that the Lender shall have no right under this Assignment to enforce the provisions of the Development
Agreement or exercise any rights or remedies under this Assignment until an Event of Default shall occur
and be continuing.
5. Upon the occurrence of an Event of Default, without affecting any of the Lender’s rights
or remedies against the Developer under any other instrument or agreement, the Developer shall be
deemed to have irrevocably appointed the Lender as the Developer’s attorney-in-fact to exercise any or
all of the Developer’s rights in, to and under this Assignment and to give appropriate receipts, releases
and satisfactions on behalf of the Developer in connection with the performance by any party to the
Development Agreement and to do any or all other acts in the Developer’s name or in the Lender’s own
name that the Developer could do under the Development Agreement with the same force and effect as if
this Assignment had not been made. In addition, the Lender shall have the right to exercise and enforce
any and all rights and remedies available after a default to a secured party under the Uniform Commercial
Code as adopted in the State of Minnesota. If notice to the Developer of any intended disposition of
collateral or of any intended action as required by law in any particular instance, such notice shall be
deemed commercially reasonable if given in writing at least ten (10) days prior to the intended disposition
or other action. The Developer hereby authorizes the Lender to deliver a copy of this Assignment to any
other party to the Development Agreement to verify the rights granted to the Lender hereunder. The City
is authorized and directed by the Developer to tender performance of its obligations under the
Development Agreement to the Lender upon presentation of a copy of this Assignment.
6. The City hereby consents and agrees to the terms and conditions of this Assignment. The
City further represents and warrants to the Lender that the Development Agreement is a valid agreement
enforceable against the City in accordance with its terms. The City is not in default under the
Development Agreement.
7. The Developer is not in default hereunder and all covenants, conditions and agreements
have been performed as required therein, except those not to be performed until after the date thereof.
8. The City agrees to provide the Lender with copies of any notice of default given under
the Development Agreement, and agrees that the Lender shall have the right, but not the obligation, to
cure such default within the time period set forth in the Development Agreement.
9. The City acknowledges and agrees that the Mortgagee shall have no obligation under the
Development Agreement with respect to constructing or completing the Project, and any such obligation
shall be subordinate to the Mortgage.
10. The City acknowledges that the rights of the City with respect to receipt and application
of any proceeds of insurance shall, in all respects, be subject and subordinate to the rights of the Lender
under the Mortgage.
11. Nothing contained in this Agreement shall limit or otherwise affect the City’s ability to
exercise its rights and remedies that are contained in the Development Agreement, including, but not
limited to, its ability to draw on the Letter of Credit, in whole or in part, to complete construction of any
3
or all of the Improvements and other work required under the Development Agreement, and to pay any
fees or costs due to the City by the Developer under the Development Agreement.
12. This Assignment can be waived, modified, amended, terminated or discharged only
explicitly in a writing signed by the Lender. A waiver by the Lender shall be effective only in the specific
instance and for the specific purpose given. Mere delay or failure to act shall not preclude the exercise or
enforcement of any of the Lender’s rights or remedies hereunder. All rights and remedies of the Lender
shall be cumulative and shall be exercised singularly or concurrently, at the Lender’s option, and any
exercise or enforcement of any one such right or remedy shall neither be a condition to nor bar the
exercise or enforcement of any other.
13. Except as expressly provided by this Assignment, no provision of this Assignment shall
be deemed or construed to alter, amend or modify, in any way, the rights and obligations of the City
against the Developer as set forth and contained in the Development Agreement.
14. Any notice, request, demand or other communication hereunder shall be deemed duly
given if delivered or postage prepaid, certified or registered, addressed to the party as set forth below:
If to the City:
City of Medina
2052 County Road 24
Medina, MN 55340
Attention: City Administrator
w/ copy to:
Ronald H. Batty
Kennedy & Graven
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
If to the Developer:
Medina Townhome Development LLC
7528 Zanzibar Lane North
Maple Grove, MN 55311
Attn: Shane LaFave
Copy to:
Melanie Barnes
2346 Linner Road
Wayzata, MN 55391
And to:
Winthrop & Weinstine, P.A.
225 South Sixth Street, Suite 3500
Minneapolis, MN 55402
Attn: Kevin McLain
4
If to the Lender:
Commerce Bank
7650 Edinborough Way, #150
Edina, MN 55435
Attn: Ryan Evanson
15. This Agreement shall be governed by and construed in accordance with the laws of the
State of Minnesota.
[Signatures on the following pages]
5
[This is a Signature Page to that certain Collateral Assignment and Subordination
of Development Agreement in favor of Commerce Bank]
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the day and year first above written.
CITY OF MEDINA
By: __________________________________
Kathleen Martin, Mayor
By: __________________________________
Scott T. Johnson,
City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of __________, 2021,
by Kathleen Martin and Scott T. Johnson, the mayor and city administrator, respectively, of the city
of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation.
____________________________________
Notary Public
6
[This is a Signature Page to that certain Collateral Assignment and Subordination
of Development Agreement in favor of Commerce Bank]
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the day and year first above written.
MEDINA TOWNHOME DEVELOPMENT LLC
________________________________
Shane LaFave, Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of _________________,
2021, by Shane LaFave, Manager of Medina Townhome Development LLC, a Minnesota limited liability
company, on behalf of said company.
__________________________________________
Notary Public
[This is a Signature Page to that certain Collateral Assignment and Subordination
of Development Agreement in favor of Commerce Bank]
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the day and year first above written.
Commerce Bank
___________________________________
Ryan Evanson, Vice President
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of _____________, 2021,
by Ryan Evanson, Vice President of Commerce Bank, a Minnesota banking corporation, for and on
behalf of the corporation.
Notary Public
THIS DOCUMENT WAS DRAFTED BY:
HELLMUTH & JOHNSON, PLLC (JAH)
8050 West 78th Street
Edina, MN 55439
(952) 941-4005
EXHIBIT A
LEGAL DESCRIPTION
That part of the Northwest Quarter of Section 30, Township 118 North, Range 23 West of the 5th
Principal Meridian, described as follows: Beginning at a point on the West line of said Northwest Quarter,
distant 813 feet South of the Northwest corner thereof; thence South along said West line 231 feet; thence
deflecting 90 degrees left 472 feet; thence deflecting 90 degrees left 231 feet; thence West to the point of
beginning.
Hennepin County, Minnesota
Abstract Property
Master Services Agreement
Master Service Agreement (“Agreement”) between Solution Builders, Inc. 3500 American Blvd W, Suite 50 Bloomington, MN 55431
AND City of Medina, 2052 County Road 24, Hamel, MN 55340 (“Client”)
THIS AGREEMENT (“Agreement”) is made and entered into by Solution Builders, Inc. (“SBINC”) and Client (“Client”). Any Service
Addendums (Addendum) and/or other Exhibits attached hereto are incorporated by reference and detail the term of the agreement , the
service(s) provided, the fees and any other information about the service(s) to be provided by SBINC. Client agrees that the conditions and
terms of this Agreement shall remain in effect on an ongoing basis for all future work and Addendums.
1.Solution Builders Hours and Rates:An Agreement provides for support services to be provided during normal business hours.
Normal business hours are defined as being between the hours of 7:00 AM and 7:00 PM (Central Time), Monday through Friday
excluding national holidays. The Normal Business Hours Rates below will be applied towards special projects completed outside the
scope of the support plan chosen. Upon request from Client, SBINC will provide support services outside of normal business hours.
The After-Hours Rates below will be applied towards after normal business hours, weekend and holiday support service requests.
2.Total Monthly Fees and Payment Terms: During the term of an Addendum, Client will pay fees to SBINC based on the Monthly Fees
identified in the Addendum and all applicable taxes and any additional monthly amount that may be added during the term of th e
Addendum. Total Monthly Fees for each month are due at the beginning of each month. All fees will be subject to a finance charge of
1.5% monthly if not paid within 30 days. Failure of SBINC to assess the finance charge does not waive its right to retroactively assess
the finance charge. When the current Addendum term of service is concluded, the Addendum is subject to a 3% increase for the next
term of service, excluding scope changes.
3.Support Scope Changes: Support option Addendums do envision some fluctuation in the support requirements of Client without an
adjustment of the support fee. The following events will trigger an automatic review of the support budget amount:
a.Increase in staff count of 10% or more during the term of the Addendum
b.Decrease in staff count of 20% or more that is not related to seasonal staff level fluctuations
c.Addition of remote office locations with permanent staff
d.Support requirements resulting in an increase of 30% or greater in the annualized budget amount
e.Additional servers or workstations.
4.End of Term/Automatic Renewal: At the end of the term of the Addendum, the Addendum will automatically renew for consecutive
terms of the same duration as the term, unless terminated in writing at least sixty (60) days prior to the expiration of the then-current
term. If Client allows the Addendum to expire, prompt payment must be made by the Client of any unpaid monthly fees due thro ugh the
termination or expiration of the Addendum.
5.Early Termination: An Addendum may be terminated early by either party by submitting written notice of the intent to terminate the
Addendum to the other party, at least sixty (60) days in advance of the termination date. The written request to terminate th e
Addendum must be followed by prompt payment by the Client of any unpaid monthly fees due through the termination date of the
Addendum.
6.Default:In the event Client fails to pay charges accrued when due, SBINC reserves the right to withdraw further services. Upon
default, Client agrees to pay all expenses of collection, including reasonable attorneys’ fees, whether or not legal action is commenced
to collect the indebtedness.
7.Product Purchases/No Warranty: SBINC may, when requested by Client, resell products to Client in SBINC’s role as a reseller of
computer and technology related equipment and software. SBINC MAKES NO WARRANTIES, WHETHER WRITTEN, ORAL OR
IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF
MERCHANTABILITY. IN NO EVENT SHALL SBINC BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT
NOT LIMITED TO, LOSS OF PROFITS, REVENUE, OR DATA, OR LOSS OF USE BY CLIENT OR ANY THIRD PARTY,
REGARDLESS OF WHETHER A CLAIM OR ACTION IS ASSERTED IN CONTRACT OR TORT, WHETHER OR NOT THE
POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED TO SBINC IN ADVANCE OR COULD HAVE BEEN REASONABLY
FORSEEN BY SBINC.
Client Initials__________
Service Normal Business Hours Rates After-Hours Rates
Workstation/Printer/Mobile Support $145 $217.50
Server Support $175 $262.50
Router/Switch/Firewall Support $225 $337.50
Project Management $175 $262.50
Senior Project Management $255 $382.50
Minimum on-site support charge 1.5 hours 3 hours
Minimum remote support charge .5 hours 2 hours
Master Services Agreement
8.Limits of Liability: Client acknowledges that network and computer systems support is inherently complex and relies on the inter-
operability of various software and hardware components from various manufacturers. Client understands that SBINC is not the
manufacturer of said components and therefore SBINC is not a guarantor or insurer of the equipment or services rendered. Although
SBINC is responsible to provide its best efforts, SBINC is not responsible for the in-operation of hardware or software systems. SBINC
shall not be liable in any way for any delays in, or any failure of, services performed hereunder due to any wrongful or negligent act or
omission of Client, or its employees and agents; and/or Client's failure to provide to or secure for SBINC as appropriate, reasonable
access to Client's facilities, equipment and/or information as required by SBINC to meet its performance obligations under this
Agreement. In furtherance and not in limitation of the foregoing, SBINC will not be liable in respect of any decisions made by Client as a
result of the performance of services hereunder. SBINC IS PERFORMING THE SERVICES AND PROVIDING THE TECHNICAL
INFORMATION ON AN "AS IS" BASIS AND SPECIFICALLY DOES NOT PROVIDE WARRANTIES WITH RESPECT TO THE USE BY
CLIENT OF ANY DELIVERABLES. THE OBLIGATIONS AND LIABILITIES OF SBINC AND ITS AFFILIATES AS SET FORTH HEREIN
ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER OBLIGATIONS, LIABILITIES AND REMEDIES, EXPRESS OR
IMPLIED, INCLUDING ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY (COLLECTIVELY, "CLAIMS") IN TORT,
CONTRACT, STATUTE, OR OTHERWISE, WHETHER OR NOT ARISING FROM NEGLIGENCE OF SBINC OR ITS AFFILIATES,
ACTUAL OR IMPUTED. NO WARRANTIES (EITHER EXPRESS OR IMPLIED), REPRESENTATIONS, PROMISES OR
STATEMENTS HAVE BEEN MADE BY SBINC OR ITS AFFILIATES UNLESS CONTAINED IN THIS AGREEMENT. NO WARRANTY,
EXPRESS OR IMPLIED, IS MADE HEREIN THAT THE DELIVERABLES OR ANY PART ARE MERCHANTABLE, OR FIT OR
SUITABLE FOR THE PARTICULAR PURPOSES FOR WHICH THE DELIVERABLES OR ANY PART THEREOF MAY BE ACQUIRED
BY CLIENT. IN NO EVENT SHALL SBINC OR ITS AFFILIATES BE LIABLE TO CLIENT FOR ANY DIRECT, INDIRECT, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM CLAIMS RELATED TO LOSS
OF DATA, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF EQUIPMENT, OR OTHER DOWN TIME COSTS, WHETHER
CLAIMED BY REASON OF BREACH OF WARRANTY OR OTHERWISE, AND WITHOUT REGARD TO THE FORM OF ACTION IN
WHICH SUCH CLAIM IS MADE. NOTWITHSTANDING ANYTHING CONTAINED HEREUNDER TO THE CONTRARY, THE TOTAL
MAXIMUM LIABILITY OF SBINC HEREUNDER SHALL IN NO EVENT EVER EXCEED THE AMOUNTS THAT CLIENT HAS PAID
SBINC OVER THE PAST 12 MONTHS FOR THE SPECIFIC WORK FOR WHICH CLIENT'S CLAIM AROSE. CLIENT AGREES TO
INDEMNIFY, DEFEND, AND HOLD HARMLESS SBINC FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS,
LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) INCURRED BY SBINC ARISING IN
CONNECTION WITH THE PERFORMANCE OF SERVICES EXCEPT SOLELY TO THE EXTENT RESULTING FROM THE WILLFUL
OR KNOWING MISCONDUCT OF SBINC. In the event of any dispute by either party to the Agreement, both parties agree to a 60-day
period to allow for resolution of any disputes. In the event that a dispute still exists, both parties agree to submit to binding arbitration to
resolve the dispute.
9.Limits of Support Provided: An Agreement does not require SBINC to provide unlimited support for resolution of any network or
computer related support need. SBINC is responsible to make a best effort in resolution of support issues. This Agreement shall not be
construed to include support for or training on specific office productivity applications, line of business or vertical applications unless
specifically requested by Client.
10.Remote Support Access Authorization: In addition to onsite support, and for the purposes of providing proactive monitoring, SBINC
Support Staff and designates may access Client’s network remotely to resolve issues, perform maintenance, and monitor network
systems. Client hereby authorizes SBINC and designates to access Client’s network remotely via an Internet connection or any other
connection established for this purpose.
11.Data Backup and Recovery: Client acknowledges that Client is solely responsible for securing the integrity and preservation of
Client’s data. Client is advised to backup all data stored on Client systems. Furthermore Client agrees that SBINC is not responsible for
any loss of Client data which may be occasioned as a result of system hardware or software failure, or inadvertent human error. In the
unfortunate event that data loss occurs, Client agrees that Client is responsible for all costs incurred for data recovery services if
employed by Client.
12.Confidentiality: SBINC will not, and will cause its employees and contractors to not, at any time or in any manner, either directly or
indirectly, use for the personal benefit of SBINC or divulge, disclose, or communicate in any manner any information that is proprietary
to Client or Clients of Client. SBINC will protect such information and treat it as strictly confidential. This provision shall continue to be
effective after the expiration of the Agreement. SBINC understands and agrees that all data it receives from Client under this Agreement
shall be administered consistent with Minnesota Statutes, Chapter 13, the Minnesota Government Data Practices Act.
Client Initials ___________
Master Services Agreement
13.Permanent Hire:Client may at any time elect to make an offer of permanent employment to support personnel provided by SBINC,
any SBINC employee or staff, or any contract personnel provided by SBINC. If an offer of permanent employment is accepted du ring
an Addendum term or during twelve months following an Addendum term, a fee equal to one half of the first year total compensa tion
amount of the support person being hired will be due to SBINC from Client on or before the 30th day after the start date of a ny such
individual.
14.Governing Law:The Agreement shall be construed under and governed by the laws of the State of Minnesota.
15.Entire Agreement: This Agreement constitutes the entire Agreement and all Addendums, schedules and documents incorporated
herein by reference contain the entire Agreement of the parties and there are no other promises or conditions in any other ag reement,
whether oral or written.
16.Severability:If any provision of the Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions
shall continue to be valid and enforceable. If a court finds that any provision of the Agreement is invalid or unenforceable, but that by
limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and
enforced as so limited.
17.Force Majeure:SBINC shall not be held liable for failure to perform its obligations under the Agreement when prevented from doing so
by strike, lockout, breakdown, accident, order or regulation by any governmental authority, or because of war or other emerge ncy, or for
any other cause beyond their reasonable control.
Agreement and Acceptance: I acknowledge that I have read this Master Services Agreement and all attached
documents, understand them, and agree to be bound by their terms and conditions.
For Client:
Authorizing Signature: ________________________________________________ Date: ____________
Print Name:_______________________________________ Title: _____________________________
SBINC: Solution Builders, Inc.
Authorizing Signature: ________________________________________________ Date: ____________
Print Name: Title: ___________________________
Service Addendum to the Master Services Agreement
This ADDENDUM (“Addendum”)is made to the Master Service Agreement (“Agreement”) between
AND
1.Term of Addendum: This Addendum will begin on the 1st day of the month of December 2021 and continue
for 12 consecutive months ending on November 30, 2022, unless terminated earlier as provided herein.
2.Services Provided (see attached document for plan description)
•Network Support
3.Monthly Fees:
1.Support Scope:
2.Specific Notes:
Agreement and Acceptance: I acknowledge that I have read this Addendum and all attached documents,
understand them, and agree to be bound by their terms and conditions.
For Client:
Authorizing Signature: ________________________________________________ Date: ____________
Print Name:_______________________________________ Title: _____________________________
SBINC: Solution Builders, Inc.
Authorizing Signature: ________________________________________________ Date: ____________
Print Name: _______________________________________ Title: _____________________________
CLIENT
City of Medina
2052 County Road 24
Hamel, Mn 55340
SBINC
Solution Builders, Inc.
3500 American Blvd W, Suite 50
Bloomington, MN 55431
(Main) 952.854.8188 (Fax) 952.854.0864
Server Count Workstation Count Staff Count
(Annual High)
0 57 30
SBInc Plan Monthly Amount Annual Amount
Network Support $3,105 $37,260
Service Addendum to the Master Services Agreement
This ADDENDUM (“Addendum”)is made to the Master Service Agreement (“Agreement”) between
AND
1.Term of Addendum: This Addendum will begin on the 1st day of the month of December 2021,and
continue for 12 consecutive months ending on November 30, 2022, unless terminated earlier as provided
herein.
2.Services Provided (see attached document for plan description)
•Spanning for O365 Backups
3.Monthly Fees:
1.Support Scope:
2.Agents that require an additional physical storage server will be charged at the First Agent rate.
3.Setup Fee: $75.00 one-time setup fee per server or agent.
4.Additional Image Retention Time (extends from 12 to 24 months): $20.00 per month (pooled). If client
would like this additional retention period, please initial here ____________.
Agreement and Acceptance: I acknowledge that I have read this Addendum and all attached documents,
understand them, and agree to be bound by their terms and conditions.
For Client:
Authorizing Signature: ________________________________________________ Date: ____________
Print Name:_______________________________________ Title: _____________________________
SBINC: Solution Builders, Inc.
Authorizing Signature: ________________________________________________ Date: ____________
Print Name: _______________________________________ Title: _____________________________
CLIENT
City of Medina
2052 County Road 24
Hamel, Mn 55340
SBINC
Solution Builders, Inc.
3500 American Blvd W, Suite 50
Bloomington, MN 55431
(Main) 952.854.8188 (Fax) 952.854.0864
Initial
Agent
Count
Initial
Storage
Space
Per 2TB
Per Month
Additional
First Agent Additional
Agents*
Independent
Desktop Image
Backups
0 2 TB $100.00 $160.00 / mo $60.00 / mo $25.00 / mo
SBInc Plan Monthly Amount Annual Amount
Spanning for O365 Backups $3 per Mailbox Per month
that Needs back-up
TBD
Service Addendum to the Master Services Agreement
This ADDENDUM (“Addendum”)is made to the Master Service Agreement (“Agreement”) between
AND
1.Services Provided: Microsoft Online Services. Microsoft Online Services are software licenses provided and
hosted by Microsoft as Solution Builders, Inc. as the Cloud Service Provider. Microsoft Online Services
include (but are not limited to) applications such as Exchange Online, Microsoft Teams, Azure Services and
Office 365. Client agrees to the terms in the Microsoft Cloud Agreement located on Microsoft’s website (as
amended) and are included in this Addendum by reference.
2.Partner of Record: Client agrees that SBINC shall be the “Partner of Record” in the Client’s Microsoft
Service Portal(s).
3.Cancellation of Service: Client acknowledges that each Microsoft Online Service subscription may have
individual terms. Client may cancel the subscription with 60 days written notice, but acknowledges that some
of the subscriptions may have different expiration dates resulting in either a longer subscription or cancellation
fees.
4.Monthly Fees: Various based on subscription type.
5.Support Scope: Support is not included in this Microsoft Online Services Addendum, but may be included in
other Service Addendums.
6.Specific Exceptions: Non-Coordinated Client or Third Party System Modifications, Custom Programming
Services, Microsoft Licensing Verification Audits and Third Party Support Fees.
Agreement and Acceptance: I acknowledge that I have read this Addendum and all attached documents,
understand them, and agree to be bound by their terms and conditions.
For Client:
Authorizing Signature: ________________________________________________ Date: ____________
Print Name:_______________________________________ Title: _____________________________
SBINC: Solution Builders, Inc.
Authorizing Signature: ________________________________________________ Date: ____________
Print Name: _______________________________________ Title: _____________________________
CLIENT
City of Medina
2052 County Road 24
Hamel, Mn 55340
SBINC
Solution Builders, Inc.
3500 American Blvd W, Suite 50
Bloomington, MN 55431
(Main) 952.854.8188 (Fax) 952.854.0864
Service Addendum to the Master Services Agreement
This ADDENDUM (“Addendum”)is made to the Master Service Agreement (“Agreement”) between
AND
1.Term of Addendum: This Addendum will begin on the 1st day of the month of December 2021, and
continue for 12 consecutive months ending on November 30, 2022, unless terminated earlier as provided
herein.
2.Services Provided: Dedicated Onsite Support. This option requires a Network Support Agreement or
Remote Network Support Agreement.
3.Fees: $45.00 per hour, minimum of eight hour blocks scheduled either weekly or monthly.
Agreement and Acceptance: I acknowledge that I have read this Addendum and all attached documents,
understand them, and agree to be bound by their terms and conditions.
For Client:
Authorizing Signature: ________________________________________________ Date: ____________
Print Name:_______________________________________ Title: _____________________________
SBINC: Solution Builders, Inc.
Authorizing Signature: ________________________________________________ Date: ____________
Print Name: _______________________________________ Title: _____________________________
CLIENT
City of Medina
2052 County Road 24
Hamel, Mn 55340
SBINC
Solution Builders, Inc.
3500 American Blvd W, Suite 50
Bloomington, MN 55431
(Main) 952.854.8188 (Fax) 952.854.0864
Network Support
Support Services Provided
✓10% Discount for project labor
✓$250 Workstation installation fee
Support Services Not Included
✓Projects
✓Installation Labor
✓Onsite After-Hours Emergency Support for Non-Critical Systems
✓Any costs for Hardware, Software, Licensing Compliance Audits, or Infrastructure purchases or
replacements
✓Major Operating System/Software/Firmware Upgrades
✓Non-Coordinated Client or Third Party System Modifications
✓Non-Business Related Data and Applications
✓Custom Programming Services
✓Microsoft Licensing Verification Audits
✓Third Party Support Fees
Client Initials ___________
STRATEGY INFRASTRUSCTURE INFRASTRUSCTURE &
SUPPORT SUPPORT
Technology Consulting Proactive
Technology Management Network Administration Reactive Support Services
Dedicated Client Manager Centralized Services Dedicated Network Administrator Client Support Team
✓Technology Summary
✓Design Desk Resource
✓Budget Planning
✓Business Impact of
Technology Decisions
✓Project Management
✓Patch Management
✓Anti-Virus Software
✓Spam Filtering Software
✓Desktop Optimization
✓Documentation
✓Backup Management
✓Network Health Reviews based on
Best Practices
✓Centralized Service Report Review
✓Support Desk Support
✓Onsite Support
✓Remote After-Hours Emergency
Support
✓Onsite After-Hours Emergency
Support for Critical Systems
✓Problem Isolation &Resolution
✓Tier1 LOB Application Support
✓“How To” Questions
✓Client Portal
✓Remote Support Framework
Dedicated Onsite Support
Features Provided
✓Eight hours of monthly scheduled technician onsite time to address support issues in-person
with client’s staff.
✓Can be scheduled either one full day or two half days depending on client’s needs and
technician availability.
Client Initials ___________
Interim Ordinance Page 1 of 3 November 3, 2021
Rooftop Elements City Council Meeting
MEMORANDUM
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director
DATE: October 28, 2021
MEETING: November 3, 2021 City Council
SUBJ: Interim Ordinance – Rooftop Elements
Background
At the October 19 meeting, the City Council directed staff to prepare an interim ordinance
pertaining to elements which extend above the roof of a structure.
Subd. 4 of Minnesota Statute 462.355 states that the City is permitted to enact an interim
ordinance, commonly referred to as a moratorium, “if a municipality is conducting studies or has
authorized a study to be conducted or has held or has scheduled a hearing for the purpose of
considering adoption or amendment of a comprehensive plan or official controls.”
The statute provides that: “The interim ordinance may regulate, restrict, or prohibit any use,
development, or subdivision within the jurisdiction or a portion thereof for a period not to exceed
one year from the date it is effective.” The general purpose of a moratorium is to protect the
planning process and the health, safety, and welfare of its citizens.
If the City Council decides that an interim ordinance is necessary to protect the planning process
or the health, safety, or welfare of its citizens, it may choose to apply the moratorium to not only
future applications or but may elect to apply the moratorium to applications currently under
review as well.
The City Attorney has prepared the attached interim ordinance in consultation with City staff of
Council’s review. The interim ordinance would prohibit approval or construction of any rooftop
element extending more than 12 feet above a roof upon which it sits.
Interim Limitations
Staff discussed a number of options to try to address the concerns and shortcomings in the
regulations which were raised by members of the City Council in the short-term while the
broader study and ordinance updates are being considered. Unsurprisingly, coming up with
interim regulations revealed various complexities and staff was trying to be mindful of
unintended consequences.
Staff believes limiting the distance which rooftop elements extend above a roof is the least
complicated means to regulate such elements in the interim.
Staff does not believe a prohibition against any element extending above the roof was the
Council’s intent, since things such as chimneys, rooftop equipment (and corresponding
Agenda Item #7A
Interim Ordinance Page 2 of 3 November 3, 2021
Rooftop Elements City Council Meeting
screening) and parapet walls and other elements are necessary and common in the City and often
serve functional purposes.
Staff reviewed existing elements in the City. Most rooftop equipment is less than 8 feet in
height, but there are some examples of large pieces of equipment which extend to 10 feet. The
highest parapet wall which staff could identify in the City extends 12 feet above the roof of
Target. The bell tower at St. Anne’s Church and the steeple at Holy Name Church, as previously
discussed, extend significantly higher but are more historical structures which were constructed
prior to the City’s current zoning regulations.
Based on this information, staff has included a limitation of 12 feet within the draft interim
ordinance for which rooftop elements can extend above a roof.
The interim ordinance, as drafted, does not relate to the actual height of a building. The draft
ordinance would prohibit rooftop elements from extending more than 12 feet above the roof
regardless of the height of the roof on which it sits. This would permit a building to the full
height allowed in the relevant district to also include mechanical equipment or architectural
rooftop elements extending an additional 12 feet above the roof.
Expiration Date of Interim Ordinance
Statute allows for the interim ordinance to be in effect for up to a year. Staff recommends
including the timeframe for which the interim ordinance is effective within the document. If an
interim ordinance is adopted with a certain expiration date, the City Council can choose to
rescind a moratorium sooner than such expiration date if the study is completed and necessary
changes, if any, are adopted.
Staff recommends establishing the moratorium for the full year for the most flexibility, while
acknowledging that it is likely the interim ordinance may be rescinded sooner.
Staff intends to proceed with the study and necessary changes quickly irrespective of whether the
Council adopts an interim ordinance. Realistically, amendments would likely not be studied and
prepared for Council action until January or February at the earliest.
Potential Actions
Staff recommends that the City Council discuss the proposed interim limitations and the
expiration date of the interim ordinance.
An interim ordinance can be adopted with a majority of the full Council, so will require three
votes regardless of how many members are present. If adopted, the City Council would
generally authorize publication of an ordinance of that length by title and summary, which
requires a super majority of the full Council, four votes regardless of how many members are
present. The ordinance does not take effect until it is published in the paper. The alternative is to
publish the ordinance in its entirety, which would cost several hundred dollars more than
publishing by title and summary.
Interim Ordinance Page 3 of 3 November 3, 2021
Rooftop Elements City Council Meeting
Staff has been informed that it is possible only three members of the Council will be available
for portions of the November 3 meeting. If the Council adopts the interim ordinance and four
members are not present to authorize publication by title and summary staff would recommend
delaying publication of the ordinance rather than publishing in full. Staff would present the
resolution to publish by title and summary at the November 16 meeting, which would result in
the ordinance not being in effect until November 24 if the Council concurs. If the Council directs
staff to publish the ordinance immediately (either with four members adopting the resolution to
publish by title and summary OR the Council directing staff to publish in its entirety), it would
be effective November 11.
If the City Council finds that an interim ordinance is necessary is to protect the planning process
and the health, safety, and welfare of its citizens, the following actions could be considered.
1. Move to adopt the interim ordinance authorizing a study and imposing a moratorium
related to rooftop elements extending more than 12 feet above a building
2. (a) (If 4 members present) Move to adopt the resolution authorizing publication by title
and summary.
(b) (If 4 members are not present) Move to direct staff to present resolution authorizing
publication by title and summary for action at the November 16 meeting.
Attachments
1. Draft Interim Ordinance
2. Resolution authorizing publication by title and summary
757290.v2 1
CITY OF MEDINA
ORDINANCE NO. ______
An Interim Ordinance Authorizing a Study and Imposing a Moratorium
on Rooftop Elements Extending More Than 12 Feet Above a Building
The city council of the city of Medina ordains as follows:
Section 1: Purpose and Intent. The purpose and intent of this interim ordinance (“Ordinance”) is
to protect the planning process and the health, safety, and welfare of the citizens of the city of
Medina (the “City”) by (i) imposing, pursuant to Minnesota Statutes, section 462.355, subdivision
4, a moratorium on rooftop elements, as that term is defined herein, that extend more than 12 feet
in height above any building, measured from the point of the roof on which they sit, during the
period of this Ordinance; and (ii) authorizing a study related to the regulation of rooftop elements.
Section 2: Legislative Findings. The city council of the city of Medina hereby finds and
determines as follows:
(a) The City is a governing body for the purposes of the Municipal Planning Act, Minnesota
Statutes, chapter 462 (the “Act”), and it has previously exercised its authority pursuant
to the Act to adopt Medina City Code, chapter 8, entitled Land and Building Regulations,
which contains the City’s official land use controls (hereinafter, the “Zoning
Ordinance”);
(b) Section 462.355, subdivision 4 of the Act authorizes the City to adopt interim ordinances
to regulate, restrict, or prohibit any use, development, or subdivision within the City, the
purpose of which are to protect the planning process and the health, safety, and welfare
of the citizens within the City;
(c) The City recently determined that although the Zoning Ordinance imposes express
limitations on building height in each of its respective zoning districts, it does not impose
any express rules or regulations on rooftop elements, as that term is defined herein;
(d) Absent such rules and regulations, the City is unable to effectively regulate rooftop
elements, which it is expressly authorized to do pursuant to the Act;
(e) Numerous land use authorities throughout the State of Minnesota, including
municipalities, townships, and counties, expressly regulate rooftop elements via their
official controls; and
(f) It is in the best interests of the public to place a City-wide moratorium on any rooftop
element that extends more than 12 feet above the building from the point of the roof on
which it sits to provide City staff, consultants, and the City’s planning commission a
757290.v2 2
meaningful opportunity to study whether and how the City should amend its official
controls to effectively regulate rooftop elements.
Section 3. Definition. For purposes of this Ordinance, “rooftop element” means a physical
element located on any building, which extends above the building’s roof and is not part of said
roof, and that is not intended to be regularly occupied by persons, irrespective of what purpose the
element is intended to serve. Examples include, but are not limited to, the following:
(1) steeples, spires, or belfries;
(2) chimneys or flues;
(3) cupolas and domes;
(4) mechanical or electrical equipment;
(5) flagpoles;
(6) monuments;
(7) parapet walls;
(8) towers, poles, or other structures for essential services; and
(9) other architectural features.
Any other term used within this Ordinance shall have the meaning given it in the Zoning
Ordinance, if defined therein.
Section 4. Study Authorized. City staff, consultants, and the City’s planning commission are
hereby authorized and directed to conduct a study of rooftop elements, including how other
communities regulate them, and provide the city council with recommendations on whether and
how the Zoning Ordinance should be amended to better address the aforementioned void. The
planning commission may make such recommendations on this issue as it deems appropriate.
Section 5. Moratorium Imposed. A moratorium is hereby imposed within the City on rooftop
elements that extend more than 12 feet above any building, measured from the point of the roof on
which they sit. During the period of the moratorium, no such rooftop element shall be installed or
otherwise constructed in the City. No application for any permit or approval of any building that
contains one or more such rooftop elements shall be accepted by the City during the term of this
Ordinance. No additional review or other work on any previously accepted applications that
include one or more such rooftop elements shall be conducted during the term of this Ordinance.
Previously received applications shall be either withdrawn by the applicant, acted upon by the City
in accordance with this Ordinance, or, if agreed to by the applicant in writing, the statutory review
period may be extended indefinitely to allow the City to act upon the application only after
completing the aforementioned study pursuant to any amendments to the Zoning Ordinance
regarding rooftop elements that take effect thereafter. In accordance with section 462.355, subd.
4(d) of the Act, this Ordinance alone may not halt, delay, or impede a subdivision that has been
given preliminary approval, nor may it unilaterally extend the timelines set forth in Minnesota
Statutes, section 15.99 with respect to any application filed prior to the effective date of the
Ordinance. Nothing herein is intended to legislate any subject matter that the City is otherwise
preempted from regulating due to the existence of any state or federal laws.
757290.v2 3
Section 6. Duration. This Ordinance shall remain in effect for one year from its effective date
unless it is expressly repealed earlier by the City. If the City adopts an amendment to the Zoning
Ordinance regarding rooftop elements prior to the expiration of this Ordinance, this Ordinance
shall terminate on the effective date of such amendment.
Section 7. Penalty and Enforcement. The City may enforce this Ordinance through criminal
prosecution or by undertaking such civil actions or proceedings, including injunctive relief, as it
determines appropriate to prevent, restrain, correct, or abate any violation or threatened violation
of this Ordinance. The initiation of one type of enforcement action shall not preclude the City
from instituting any other action or proceeding available to it under law to enforce this Ordinance.
Any person, firm, partnership, corporation, or other entity violating any provision of this
Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to
imprisonment for up to 90 days, a fine of up to $1,000, or both, plus the costs of prosecution. Each
day that a violation occurs shall be considered a separate offense.
Section 8. Severability. Every section, provision and part of this Ordinance is declared severable
from every other section, provision and part thereof. If any section, provision or part of this
Ordinance is held to be invalid by a court of competent jurisdiction, such judgment shall not
invalidate any other section, provision or part of this Ordinance.
Section 9. Effective Date. This Ordinance shall take effect immediately upon its adoption and
publication.
Adopted this 3rd day of November, 2021.
BY THE CITY COUNCIL
______________________________
Kathleen Martin, Mayor
ATTEST:
_________________________________
Scott T. Johnson, City Administrator
Resolution No. 2021-##
DATE
Member ____ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2021-##
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. ### BY TITLE AND SUMMARY
WHEREAS, the city council of the City of Medina has adopted Ordinance No. ##, an
interim ordinance authorizing a study and imposing a moratorium on rooftop elements extending
more than 12 feet above a building; and
WHEREAS, Minnesota Statues § 412.191, subdivision 4 allows publications by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the ordinance is three pages in length; and
WHEREAS, the city council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina
that the city clerk shall cause the following summary of Ordinance No. ### to be published in the
official newspaper in lieu of the ordinance in its entirety:
Public Notice
The city council of the City of Medina has adopted Ordinance No. ###, an interim ordinance
authorizing a study and imposing a moratorium on rooftop elements extending more than 12 feet
above a building. The ordinance prohibits acceptance of any application, approval, or
construction of any rooftop element that extends more than 12 feet above any building, measured
from the point on the roof where the element sits. Rooftop elements are defined in the interim
ordinance as physical elements located on any building, which extend above the building’s roof
and are not part of said roof, and that are not intended to be regularly occupied by persons,
irrespective of what purpose the elements are intended to serve. The ordinance also authorizes a
study related to rooftop elements so the city council may consider amendments to the city’s
official controls related to such elements.
The full text of the ordinance is available from the city clerk at Medina city hall during regular
business hours.
BE IT FURTHER RESOLVED by the city council of the City of Medina that the city
clerk keep a copy of the ordinance in their office at city hall for public inspection and that they
post a full copy of the ordinance in a public place within the city.
Resolution No. 2021-## 2
DATE
Dated: .
______________________________
Kathleen Martin, Mayor
ATTEST:
______________________________
Scott T. Johnson, City Administrator
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.
BAPS Minneapolis Page 1 of 2 November 3, 2021
Site Plan Review City Council Meeting
MEMORANDUM
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director
DATE: October 28, 2021
MEETING: November 3, 2021 City Council
SUBJ: BAPS Minneapolis LLC – 1400 Hamel Road – Site Plan Review
Background
At the October 5 and 19 meetings, the City Council reviewed a Site Plan Review for
Bochasanwasi Shri Akshar Purushottam Swaminarayan Sanstha (BAPS) Minneapolis 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 City Council had lengthy discussions related to certain rooftop elements proposed on the
structure and how the City’s regulations would apply to such elements. Following discussion,
the Council directed staff to prepare an interim ordinance related to rooftop elements which
extend above buildings.
Staff intends to present the interim ordinance for City Council review at the November 3
meeting.
The applicant had also requested information from staff related to the draft interim ordinance.
The applicant has updated their plans to remove most of the rooftop elements proposed on the
building. A four-foot parapet wall is proposed on portions of the building.
If the Council adopts the interim ordinance as drafted, the applicant is requesting approval of the
Site Plan Review based upon their updated architectural plans.
Review of the various aspects of the proposed Site Plan Review was included in the staff report
for the October 5, 2021 meeting. This report has been presented to Council at the previous two
meetings and is attached for reference. Please note that information pertaining to landscaping,
architecture and the recommended list of conditions have been updated as discussed at Council
meetings.
Staff Recommendation
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.
Staff’s impression was that the height of the rooftop elements was the remaining outstanding
matter related to the Site Plan Review. Depending on the City Council’s action on the interim
Agenda Item #7B
BAPS Minneapolis Page 2 of 2 November 3, 2021
Site Plan Review City Council Meeting
ordinance and submission of architectural plans that abide by the interim ordinance, staff would
recommend 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. All improvements installed shall be consistent with the architectural plans dated 10/27/2021,
landscaping plans dated 10/11/2021, and civil plans dated 9/29/2021 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 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.
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. The number of flags displayed permitted on the property shall abide by the City’s sign
ordinance and height shall adhere to relevant requirements of City ordinances.
10. Plans shall be updated to provide grading for future trail along Hamel Road.
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. Letter from Applicant’s Attorney
2. October 5, 2021 staff report
3. Plans (including updated 10/11/2021 Landscaping and 10/28/2021 Architectural)
James E. Snoxell
Steven M. Graffunder*
Jeffrey A. Berg
Mark V. Steffenson
Craig T. Dokken
Susan T. Peterson-Lerdahl
Chad E. Henderson
L. David Henningson, Founder-Retired
*MSBA Board Certified
Real Property Law Specialist
6900 Wedgwood Road, Suite 200
Maple Grove, MN 55311-3541
Tel: (763) 560-5700 Fax: (763) 560-0119
Debra S. Nelson
Tifanne E. E. Wolter
Adam J. Kaufman
Kelly M. Eull
Virginia R. Cronin
Rachell L. Henning
www.hennsnoxlaw.com
October 28, 2021
VIA EMAIL ONLY TO: dusty.finke@medinamn.gov
Mayor and City Council
City of Medina
Medina City Hall
2052 County Road 24
Medina, MN 55340
Re: SUBMISSION OF AMENDED APPLICATION
BAPS Request for Approval of Hindu Temple
Our File No. 32316-004
Dear Mayor and City Council Members:
We appreciate the opportunity to work with the City on the proposal by BAPS to build a
compliant religious building within the City. While the pending BAPS plans comply with City
regulations, at its most recent meeting on October 19, 2021, members of the City Council were
concerned with the lack of City regulation directly addressing the height of certain architectural
elements of non-residential buildings. This letter attaches a modified site plan which addresses
these concerns by removing religious spires from the proposed building. With this amendment,
we request you take action to approve it at your meeting on November 3rd.
In light of the discussion noted above, the City Council passed a resolution directing staff to
prepare a moratorium to enable it to study how to address architectural elements that exceed the
City’s current maximum building height. The proposed moratorium presents some significant
challenges for BAPS. To best address those challenges, and in the spirit of collaboration, BAPS
is hereby amending its application and site plan to drop the three spires from its proposed temple
at this point. We request the spires be reviewed during the moratorium period.
Enclosed with this letter are revised plans showing that the spires have been eliminated. BAPS
will work with the City on updating its height regulations during the moratorium with a hope that
its spires can be considered by the City at some point after the moratorium is lifted.
BAPS application and site plan have been thoroughly reviewed by the City and presented to the
City Council twice for approval. BAPS has worked closely with the City to address any
concerns that have been raised, and has made several changes to its site pl an to address those
concerns. The BAPS application and site plan have previously been found to comply in all
October 28, 2021
Page 2
respects with the City’s zoning code, and to meet or exceed the requirements of the Business
Park District. With the elimination of the spires, the application and site plan now satisfy the
new concerns of the City Council. We appreciate the input from City leaders and the
opportunity to make changes to the BAPS application which respond to City concerns.
We request that you place the BAPS amended application on the agenda for the City Council
meeting on November 3, 2021, and approve it at that time. Thank you.
Sincerely,
HENNINGSON & SNOXELL, LTD.
Steven M. Graffunder
Steven M. Graffunder
SMG:sak
Enc. (revised site plan without spires)
4883-7147-2897, v. 1
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 surround lands can be found below:
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
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
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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
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O
W
H
E
A
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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
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SITE
TA
M
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SOO L
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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)
–
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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
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S
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I
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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
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A
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K
F
B
B
B 3
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A
AA
A
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N
N
N
N
NN
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RELOCATE EXISTING SIGN
O
17
2
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3
'
172.4'
ATYP
TYP
O
24'
9'
TYP
9'
TY
P
30
'
195.8'
20'
TO BC
24'
F
F
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TYP
TYP
I
EAST WETLAND
MANAGE 2
WEST WETLAND
MANAGE 1
H
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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
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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
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&
U
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S
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20
'
D
&
U
E
A
S
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M
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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
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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
1
PF
PF
4
BL
4
3
RB
3
WP
PF
1
HL
1
JL
2
JL
2
2
SO
SO
2
HL
1
HL
1
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
RB
3
2
PE
PF
2
JL
1
3
RB
WP
3
2
PE
3
BS
3
LR
BS
6
LR
4
2
WP 2
BS 2
WP
BS
2 WP
2 HL
1
HL
1
HL
1
SCALE IN FEET
0 12060
NORTH
Oct 06, 2021 - 5:13pm - User:mlong 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
112
41
212
32.5" (13)
153 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 11
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`14
WP Pinus strobus / White Pine B & B 6`12
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
Oct 06, 2021 - 5:13pm - User:mlong 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
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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
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L
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BA
P
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H
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U
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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
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C
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A
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1
1
5
,
P
L
A
T
8
4
(
O
L
D
C
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N
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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
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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 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 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 0.4 0.8 1.2 1.8 2.7 3.8 4.1 3.5 2.4 1.3 0.7 0.3 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 0.4 0.7 1.0 1.3 1.7 2.1 2.4 2.7 2.7 2.3 2.0 1.7 1.6 1.5 1.5 1.4 1.6 1.9 2.1 2.0 1.7 1.5 1.4 1.4 1.4 1.4 1.5 1.7 1.9 1.8 1.5 1.3 1.1 0.9 0.7 0.5 0.5 0.6 0.6 0.5 0.4 0.4 0.4 0.5 0.6 0.5 0.5 0.4 0.4 1.1 2.8 4.7 4.6 0.9 0.4 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 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.4 0.8 1.5 2.1 2.4 2.0 1.5 1.0 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 0.1 0.4 0.7 1.0 1.3 1.7 2.1 2.5 2.4 2.5 2.4 2.1 1.7 1.5 1.5 1.6 1.7 2.0 2.6 2.9 2.8 2.3 1.8 1.5 1.5 1.5 1.6 1.9 2.4 2.7 2.6 2.1 1.6 1.2 1.0 1.0 1.0 1.1 1.4 1.7 1.9 2.0 2.1 2.0 1.9 1.6 1.3 1.0 0.8 0.6 1.3 2.6 3.4 2.6 0.5 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 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.3 0.7 1.2 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 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
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 0.3 0.3 0.3 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 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 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 0.1 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 0.1 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 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 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 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 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 0.1 0.1 0.1 0.1 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 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 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 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.1 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 0.2 0.2 0.2 0.2 0.2 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 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0
0.0
0.0
0.0
0.0
0.0
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
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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
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A-202
08.20.2021
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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
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N
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07.31.2021
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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
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DATE
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A-301
07.31.2021
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2021-13
1/16" = 1'-0"1 SOUTH ELEVATION
1/16" = 1'-0"3 EAST ELEVATION
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%
Revisions
Rev# Rev Date Description
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
SCALE
DATE
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PROJECT NO
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-
1
0
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2
0
2
1
1
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:
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:
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-15
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A-302
07.31.2021
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2021-13
1/16" = 1'-0"1 NORTH ELEVATION
1/16" = 1'-0"2 WEST ELEVATION
MATERIAL LEGEND
KEY
VALUE DESCRIPTION
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.
STUCCO
BUILDING MATERIAL
GLASS
METAL
CONCRETE
TOTAL MAIN BUILDING MATERIALS
AREA MATERIAL
PERCENTAGE
1105
568
495 8%
9%
16%
TOTAL 6669
SQFT.
SQFT.
SQFT.
SQFT.
STUCCO
BUILDING MATERIAL
GLASS
METAL
CONCRETE
TOTAL MAIN BUILDING MATERIALS
AREA MATERIAL
PERCENTAGE
1335
628
2371 24%
6%
13%
TOTAL 10089
SQFT.
SQFT.
SQFT.
SQFT.100%
100%
4501 67%SQFT.
5755 57%SQFT.
Revisions
Rev# Rev Date Description
Livable Communities Act Page 1 of 2 November 3, 2021
Participation in LHIP City Council Meeting
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director
DATE: October 28, 2021
MEETING: November 3, 2021 City Council
SUBJECT: Livable Communities Act – Participation in Local Housing Incentives
Program
Background
The Metropolitan Council administers the Livable Communities Act (LCA), which is a voluntary
program that provides access to various funding opportunities to support economic revitalization,
workforce housing, and brownfield redevelopment.
General information on LCA is attached for reference.
Communities which are enrolled in the Local Housing Incentives Program (LHIP) of the LCA as
of November 15 are eligible for the programs the following year.
The City elected to enroll in LHIP in the previous 10-year cycle from 2010-2020.
To participate in LHIP, the City agrees to the following:
1) Adopt the affordable and life-cycle housing goals negotiated with the Met Council
2) To spend a certain amount (approximately $56,000) annually to support affordable
housing in the City. This amount is referred to as the Affordable and Life-Cycle Housing
Opportunities Amount (ALHOA). See below for more discussion.
3) Prepare an action plan to address the affordable and life cycle housing goals.
Housing Goals
As noted above, to participate in LCA, the City is required to agree to goals for creating
affordable and life-cycle housing units this decade.
The 2021-2030 housing goals for Medina are:
Decade Affordable Housing Goal Life-cycle Housing Goal
2021-2030 134-244 282
The goals suburban communities like Medina negotiated with the Metropolitan Council are a
range below and up to the “share” of affordable housing which the Met Council allocated to the
City during the last Comprehensive Plan.
MEMORANDUM
Agenda Item #8A
Livable Communities Act Page 2 of 2 November 3, 2021
Participation in LHIP City Council Meeting
Having flexibility with the goal was a result of discussion with staff and officials from similar
communities related to challenges in creating affordable housing in communities such as
Medina. Challenges include land/infrastructure costs, lack of transit, and market pressures.
While agreeing to the goals is a requirement to enroll, it is important to note that there is no
enforcement on communities which do not achieve the affordable and life-cycle housing goals.
Nonetheless, agreeing to the goals is an official action by the Council and staff recommends only
doing so if the City Council is comfortable with and supportive of the goals.
Housing Action Plan
Staff has identified preparing an action plan as a goal. Staff had intended to begin this discussion
this fall, but based upon work and project loads, staff intends to delay until 2022.
The City has included the ALHOA amount in the budget. There are also other funding
mechanisms such as Tax Increment Financing (TIF) that the City can consider to fund the
ALHOA amount and provide additional resources for life-cycle housing. These matters will be
discussed with the Action Plan.
It should also be noted that the City receives proportional “credit” for funds expended by
Hennepin County from certain levy funds which go to support affordable and life-cycle housing.
More often than not in recent years, the City’s share of these funds have exceeded the required
ALHOA amount.
Staff Recommendation
Staff recommends that the City elect to participate in the LHIP. The program provides grant
opportunities to meet various goals and objectives that the City has included in the
Comprehensive Plan to provide housing at a variety of costs. Supply of affordable and life-cycle
housing has been identified as a need in the Comprehensive Plan, and the LCA was identified as
an opportunity within the Plan.
Potential Action
If the City Council would like to participate in the LHIP, the following action could be taken:
Move to adopt resolution electing to participate in the Local Housing Incentives
Account Program under the Metropolitan Livable Communities Act.
Attachments
1. Resolution
2. Information on LCA
Resolution No. 2021-## 1
DATE
Member _______ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2021-##
RESOLUTION ELECTING TO PARTICIPATE IN THE
LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM
UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR
CALENDAR YEARS 2022 THROUGH 2030
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes sections
473.25 to 473.255) establishes a Metropolitan Livable Communities Fund which is intended to
address housing and other development issues facing the metropolitan area defined by Minnesota
Statutes section 473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base
Revitalization Account, the Livable Communities Demonstration Account, the Local Housing
Incentive Account and the Inclusionary Housing Account, is intended to provide certain funding
and other assistance to metropolitan-area municipalities; and
WHEREAS, a metropolitan-area municipality is not eligible to receive grants or loans
under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites
cleanup funding from the Minnesota Department of Employment and Economic Development
unless the municipality is participating in the Local Housing Incentives Account Program under
Minnesota Statutes section 473.254; and
WHEREAS, the Metropolitan Livable Communities Act requires that each municipality
establish affordable and life-cycle housing goals for that municipality that are consistent with
and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan
Development Guide; and
WHEREAS, a metropolitan-area municipality can participate in the Local Housing
Incentives Account Program under Minnesota Statutes section 473.254 if: (a) the municipality
elects to participate in the Local Housing Incentives Program; (b) the Metropolitan Council and
the municipality successfully negotiate new affordable and life-cycle housing goals for the
municipality; (c) the Metropolitan Council adopts by resolution the new negotiated affordable
and life-cycle housing goals for the municipality; and (d) the municipality establishes it has spent
or will spend or distribute to the Local Housing Incentives Account the required Affordable and
Life-Cycle Housing Opportunities Amount (ALHOA) for each year the municipality participates
in the Local Housing Incentives Account Program.
Resolution No. 2021-## 2
DATE
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby:
1. Elects to participate in the Local Housing Incentives Program under the Metropolitan
Livable Communities Act for calendar years 2022 through 2030.
2. Agrees to the following affordable and life-cycle housing goals for calendar years 2021
through 2030:
Affordable Housing Goals Range Life-Cycle Housing Goal
134-244 282
3. Agrees to prepare and submit to the Metropolitan Council a plan identifying the actions it
plans to take to meet its established housing goals.
Dated:
By: ______________________
Kathleen Martin, Mayor
Attest:
By: ______________________________
Scott T. Johnson, City Administrator-Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member _______
and upon a 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.
10/28/21, 10:57 AM Livable Communities Program Facts - Metropolitan Council
4
METROPOLITAN
C O U N C I L
Metropolitan Council - metrocouncil.org
LIVABLE COMMUNITIES PROGRAM FACTS
Investments in community vitality
Thriving job centers stand on once -polluted land. Workers such as teachers, police officers, and health care aides can find
housing they can afford in the communities where they work. Residents can shop, get on a bus to go to work, and enjoy a
local park all within walking distance of their front door.
These opportunities are supported by the Livable Communities Act (LCA), adopted by the Minnesota Legislature in 1995.
The Metropolitan Council administers the Livable Communities program.
Voluntary program, based on incentives
The LCA provides funding for communities to invest in local economic revitalization, workforce housing initiatives, and
development or redevelopment that connects different land uses and transportation. The program is a voluntary,
incentive -based approach to help communities grow and redevelop, and to address the region's affordable and lifecycle
housing needs.
Funding helps achieve community, regional goals
Under the LCA, the Council makes grant and loan awards from four accounts:
• Tax Base Revitalization Account (TBRA) - Cleans up brownfields
for redevelopment, job creation and housing for families with low to
moderate incomes.
• Livable Communities Demonstration Account (LCDA) -
Supports development and redevelopment that links housing, jobs
and services while demonstrating efficient and cost-effective use of
land and infrastructure.
• Local Housing Incentives Account (LHIA) - Produces and
preserves housing choices for households with low to moderate
incomes.
• Transit Oriented Development (TOD) - Catalyzes development
around light rail, commuter rail, and high -frequency bus stations.
To compete for LCA funding, communities must negotiate long-term affordable and lifecycle housing goals with the
Council and develop a Housing Action Plan to accomplish these goals. In 2019, 96 participating communities are eligible
to compete for funding from all four LCA categories.
The LCA's emphasis is on cooperation and incentives to achieve regional and local goals. Local communities are
positioned well to make decisions about how their cities and towns will grow and develop, but the LCA recognizes it often
takes partnerships and shared resources to move from community plans to tangible results.
Investments reap impressive results
From 1996 through through the 2018 funding cycle, the Council awarded 1,086 grants totaling about $401 million
in Livable Communities funds. These grants have leveraged billions of dollars in private and other public investments.
Following is a summary of grants made:
https://metrocouncil.org/About-Us/Facts/CommunitiesF/FACTS-Livable-Communities. aspx 1/2
10/28/21, 10:57 AM Livable Communities Program Facts - Metropolitan Council
• 496 TBRA pollution cleanup, investigation or pilot grants totaling more than $132 million were made to 50 cities.
Newly funded projects in 2018 are expected to leverage more than $1 billion in private investment, add more than
$9 million in net tax capacity, and result in more than 1,300 new and retained jobs.
• 278 LCDA grants (non-TOD) totaling more than $161 million were made to development and redevelopment
projects that link housing, jobs and services, and maximize efficient
infrastructure in 66 cities. Newly funded LCDA projects in 2018 are
expected to leverage nearly $202 million in other public and private
funds.
• 200 LHIA grants to 55 cities, totaling $40.3 million, provided new or
rehabilitated affordable housing opportunities. Newly funded
projects in 2018 will leverage nearly $34 million in public and private
funds to assist with 92 new and rehabilitated affordable
housing units, 89 of which are affordable at 60% of area median
income or less.
• 99 Transit -Oriented Development awards totaling almost $62.6
million have been made with TBRA and LCDA funds in 16 cities.
Newly funded TOD projects in 2018 are expected to leverage more than $185 million in investment near light rail
transit, high -frequency bus routes, and bus rapid transit corridors.
Other benefits of LCA funds are restored natural resources, improved transportation options, new community amenities,
and thriving neighborhoods.
Advisory Committee helps select projects
The Livable Communities Advisory Committee recommends funding awards to the Council for the Livable Communities
Demonstration Account. The committee reviews complex development and redevelopment proposals against the
program's criteria for connected development patterns that link housing, jobs and services.
The committee's 15 members have expertise in development specialties, including local government planning and
economic or community development; public and private finance; new development and redevelopment; transportation;
environment; site design; and community -based organizations.
Cooperative efforts reduce 'red tape'
Communities in the region applying for public funding to produce affordable multi -family rental housing need fill out only
one application through Minnesota Housing. Representatives from the Council, the Family Housing Fund, and Minnesota
Housing review the applications and make grants from a variety of public funding sources, including LHIA.
TBRA funding is coordinated with complementary programs at the Minnesota Pollution Control Agency, the Minnesota
Department of Employment and Economic Development, and Hennepin and Ramsey counties.
For more information
Visit the Livable Communities program.
https://metrocouncil.org/About-Us/Facts/CommunitiesF/FACTS-Livable-Communities.aspx 2/2
10/28/21, 10:59 AM Livable Communities Grants - Metropolitan Council
Metropolitan Council - metrocouncil.org
METROPOLITAN
C O U N C I L
We have a new website!
We re -designed the LCA website to make our program information easier to find. We would love to hear your
feedback on the new site and to know if there is any information that is missing or difficult to find. Please send
any questions or comments to hannah.gary@metc.state.mn.us
LIVABLE COMMUNITIES GRANTS
Livable Communities Act (LCA) grants are awarded to participating communities in the seven -
county metro region. Through four different grant programs, LCA grants help communities
achieve development goals that create more housing choice, support living wage job creation,
and connect jobs, housing, and regional amenities to create a more equitable region.
Each of the four LCA grant programs has a different focus:
L I4 b:;
Id y; 1
Housing, Jobs, Efficient Growth
The Livable Communities Demonstration Account (LCDA) supports
development and redevelopment projects that link housing, jobs and services
and use community and regional infrastructure efficiently.
Funds available in 2021
Pre -Development: $500,000 each round
Development: $9 million
Key dates
Pre -Development
April 21: Round One applications due
June: Round One funding decision
July 21: Round Two applications due
September: Round Two funding decision
Development
September 27: Applications due
January 2022: Funding Decision
More information about LCDA grants
Transit Oriented Development
LCDA — Transit Oriented Development (LCDA-TOD) grants are focused on
high density projects that contribute to a mix of uses in the TOD-eligible area.
TOD-eligible areas can be along light rail, commuter rail, bus rapid transit, and
high frequency bus corridors.
Funds available in 2021
Pre -Development: $500,000 each round
Development: $4 million
Key dates
https://metrocouncil.org/Communities/Services/Livable-Communities-Grants.aspx 1/3
10/28/21, 10:59 AM Livable Communities Grants - Metropolitan Council
Pre -Development
April 21: Round One applications due
June: Round One funding decision
July 21: Round Two applications due
September: Round Two funding decision
Development
September 27: Applications due
December: Funding Decision
More about LCDA-TOD grants
a.�
Cleanup / Investigation
The Tax Base Revitalization Account (TBRA) helps clean up contaminated
land and buildings for subsequent development. These grants are intended to
provide the greatest public benefit for the money spent, strengthen the local tax
base, and create and preserve jobs and/or affordable housing. TBRA has three
different funding opportunities: Contamination Cleanup, Site Investigation, and
SEED.
Funds available in 2021
Site Investigation: $125,000 each round
Cleanup: $2,625,000 each round
SEED: $500,000
Key dates
May 3: Spring applications due
July: Spring funding decision
November 1: Fall applications due
January 2022: Fall funding decision
More about TBRA grants
Affordable Housing
The Local Housing Incentives Account (LHIA) helps expand and preserve
lifecycle and affordable housing, both rented and owned. All LHIA applications
are submitted through the Minnesota Housing Super RFP instead of the WebGrants
portal.
Funds available in 2021
$8 million
Key dates
May 20: Intent to apply due at noon
July 15: Application due at noon
More information about LHIA grants
FREQUENTLY ASKED QUESTIONS
Announcements
Past Information Sessions
LCDA and TOD 2021 Information Session
Learn about changes to the LCDA and TOD programs for 2021. We will talk about changes to scoring, additions
https://metrocouncil.org/Communities/Services/Livable-Communities-Grants.aspx 2/3
10/28/21, 10:59 AM Livable Communities Grants - Metropolitan Council
to eligible activities, the 2021 schedule, funding amounts, and review the application process for both Pre -
Development and Development. View the webinar slides or the recording.
Minnesota Housing Consolidated RFP Technical Assistance Kickoff
Learn new information about the 2021 RFP/2022 HTC Round 1, including updates on funding and resource
requirements, scoring requirements, and guidance on how to submit a competitive application. Whether you are
new to the Consolidated RFP or have applied previously, the Kickoff event will be informative.
Listen to the recording or view session slides
Brownfield Funding for Redevelopment in Minnesota
Learn about local public grants and loans that help pay the cost of cleaning up contaminated sites often known
as brownfields. Brownfield properties often are close to a high -quality workforce, good transportation, and transit.
In the Twin Cities metropolitan area, there are multiple sources of funding to remediate contaminated sites. You
can view a recording of the session.
Learn more about Livable Communities Grants
Participating communities Project profiles C Resource library
https://metrocouncil.org/Communities/Services/Livable-Communities-Grants.aspx 3/3
Planning Department Update Page 1 of 2 November 3, 2021
City Council Meeting
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director
DATE: October 28, 2021
MEETING: November 3, 2021 City Council
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 City Council reviewed on October 5 and
October 19 and directed staff to prepare an interim ordinance pertaining to height of rooftop
elements. The applicant has updated plans to remove architectural elements and staff
intends to present at the November 3 meeting.
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 public hearings at the September and October
meetings. Following discussion, the Commission recommended approval with a number of
changes. The City Council discussed on October 19 and tabled for more information. Staff
intends to present at the November 16 meeting.
C) 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. The Planning Commission held a
public hearing and provided comments at the October 12 meeting. Most Commissioners
generally did not believe the proposal was consistent with the objectives of FDA land use of
the Comp Plan. Staff originally intended to present to Council on November 3, but intends
to delay to November 16 so that all Council members are present.
D) Hamel Townhomes Concept Plan – Hamel Townhomes, LLC has requested review of a
concept plan for a 30 unit townhome development at 342 Hamel Road. Staff is conducting
preliminary review and will schedule for a public hearing if complete, potentially at the
November 9 Planning Commission.
E) 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, potentially at the November 9 Planning Commission.
F) Caribou Cabin CUP and Site Plan Review – 3692 Pinto Drive – Woodbury REI LLC has
requested a Site Plan Review and CUP for a small retail building including a drive-through
at the southeast corner of Highway 55 and Pinto Drive. Staff is conducting preliminary
review and will schedule a public hearing if complete, potentially at the November 9
Planning Commission meeting.
MEMORANDUM
Planning Department Update Page 2 of 2 November 3, 2021
City Council Meeting
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) 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. The Council
adopted resolutions of approval at the October 19 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) 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.
K) Cates Ranch Comp Plan Amendment and Rezoning – 2575 and 2590 Cates Ranch Drive –
Robert Atkinson has requested a change of the future land use from Future Development
Area to Business, a staging plan amendment to 2020, and a rezoning to Business Park. The
application is incomplete for review, and the City has requested additional materials.
L) Prairie Creek, 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.
M) Johnson ADU CUP, Hamel Brewery, St. Peter and Paul Cemetery – The City Council has
adopted resolutions approving these projects, and staff is assisting the applicants with the
conditions of approval in order to complete the projects.
N) Hamel Haven subdivision – These subdivisions have received final approval. Staff is
working with the applicants on the conditions of approval before the plat is recorded.
Other Projects
A) Rooftop Elements Moratorium – staff has prepared an interim ordinance pertaining to
height of rooftop elements as directed by Council. Staff intends to present at the November
3 meeting. Staff has began researching regulations in other communities and reviewing
existing rooftop elements within the City.
B) Meeting with OSI – staff attended the business tour with OSI and also had a separate
meeting with representatives of Arrowhead Holdings, who own the property on which OSI
is located. This meeting related to the construction of Arrowhead Drive/Chippewa Road in
connection with Weston Woods project.
C) Staffing discussions – staff discussed how staff from various departments would be
assisting until the City is able to fill Jodi’s position. Staff also began discussions about
opportunities to adjust some staff responsibilities with this vacancy and the additional
Planning Assistant position which is included in the 2022 budget.
TO: Honorable Mayor and City Council
FROM: Jason Nelson, Director of Public Safety
DATE: October 28, 2021
RE: Department Updates
Over the past two weeks we have seen an uptick in theft-related crimes. We, as well as other agencies
in our area, have been seeing theft from motor vehicles. These are occurring sporadically with days of
the week and times.
The implementation of our squad and body camera project is quickly approaching. We are now
scheduled for December 12-15 date for installation and training. Prior to this there are a lot of moving
pieces to finalize. I am excited for this project to be completed as is our officers and staff.
Next week I will be attending the annual Minnesota Chiefs of Police Conference in St. Cloud. I will be
out of the office from Sunday through Wednesday.
Patrol:
The following are updates of Patrol Officers between October 14, 2021 and October 26,
2021: Officers issued 32 citations and 28 warnings for various traffic offenses, responded to 9
property damage accidents, 8 medicals, 4 suspicious calls, 3 traffic complaints, 16 assists to other
agencies, 7 business/residential alarms, and 2 911-hangups.
On 10/14/2021 Officer was dispatched to a civil matter in the 100 block of Hillview Lane in
Loretto. The tenant reported contractors were at his residence at the request of his landlord working
on repairs from the basement flooding and he wanted them gone. The tenant was advised the landlord
had the right to have them there making repairs and it was a civil matter between him and his
landlord.
On 10/15/2021 Officer responded to the area of Highway 55/Pinto Drive to assist Hennepin County
Sheriff on a suspicious male seen laying in the ditch. The person was identified and found there was
no problem with the individual.
On 10/15/2021 Officers received two complaints of the smell of marijuana in the parking lot of the
Medina Entertainment Center. Officers checked the lot and while there was the smell of marijuana in
the air officers were unable to determine the source.
On 10/16/2021 Officer responded to a theft from vehicle in the parking lot of Medina Golf. Credit
cards were stolen from a wallet that was left in a vehicle by an employee of the business. The cards
were attempted at the Medina Target which were declined. The suspects are believed to be the same
suspects from other theft from autos at the same business.
On 10/17/2021 Officers assisted Plymouth PD on a pursuit that was terminated in the area of Highway
12 and County Road 92. Officers located the vehicle driving at a high rate of speed in Medina and
followed the vehicle to Highway 12 where it went back eastbound. West Hennepin and Orono PD
initiated another pursuit and stop sticks were used to disable tires on the vehicle in Minnetonka. The
vehicle stopped and the occupants fled on foot and were all located.
On 10/18/2021 Officer responded to a residential burglary report in the 4600 block of Medina Lake
Drive. The homeowner reported items missing from the garage and vehicles inside the garage having
been rifled through. The overhead garage door was also found halfway open and wasn’t sure if one of
the kids at the home left it open overnight. Additional vehicles in the neighborhood were also gone
through and one resident captured two suspects on their Ring camera. The case was forwarded to
investigations.
On 10/19/2021 Officer responded to customer trouble at the Subway located at 1300 Baker Park
Road. A customer was not satisfied with the freshness of his sandwich and was standing in the
parking lot yelling even after being given a refund by employees. When Officers arrived on scene the
male was already gone.
On 10/20/2021 Officer responded to Caribou to take a theft report. Management discovered an
employee had been stealing money from the business by making false returns into the register and
pocketing the money. It is believed approximately $3500 was stolen by the employee since
August. The case will be forwarded to the Hennepin County Attorney’s Office for charging felony
theft.
On 10/20/2021 Officers responded to a report of a female unconscious in the 200 block of Mallard
Lane in Loretto. Upon arrival by officers Loretto Fire Department was already on scene tending to the
patient. It was believed the female was intoxicated. She was eventually able to wake up and was
assisted to the ambulance and transported to the hospital.
On 10/22/2021 Officer took a fraud report from a resident in the 200 block of Loretto Street,
Loretto. The resident reported received a phone call from someone claiming to be from Dish Network
advising them of an offer to save money on their monthly bill. The homeowner was asked to send a
check to them. The resident later received additional calls requesting additional checks be sent which
the homeowner also sent. The homeowner did not see any reduction on their bill and called Dish
Network who told the homeowner that no one had called them, and it was believed they were
scammed and was advised to call police.
On 10/22/2021 Officer responded to the Goddard School to take a theft from auto report. A cleaner
had left their purse in the car while cleaning the inside of the building. When returning to the car the
cleaner found a window shattered and purse and cash stolen. One card was attempted at a Plymouth
Walgreens and was declined. Case was forwarded to investigations.
On 10/23/2021 Officer received a traffic complaint westbound Highway 55 from Plymouth. The
officer located the vehicle and stopped it for failing to stay within the lane. The driver was found to be
impaired and arrested for DWI. The driver ultimately refused to provide a breath sample or to provide
a blood or urine sample after a search warrant was obtained. The case has been forwarded for
charging.
On 10/26/2021 Officers received information that a suspect was in the area of Target who had multiple
felony warrants and was known to be combative with law enforcement and had fled from previous
arrest attempts. Plain clothes officer located the suspect inside Target and kept other officers advised
of his location while other officers including a Plymouth PD K-9 took up locations in the area. After the suspect exited Target and had walked away from the business the officers moved in and the
suspect was taken into custody without incident. The warrants were confirmed, and the suspect was
transported to Hennepin County Jail.
Investigations:
Completed a background check for an applicant who applied for a liquor license in the city of Medina.
I found nothing in the applicant’s background that disqualified them from getting a permit.
Completed a background check for a solicitor permit for the city of Medina. I also completed a
background check for city employment for the city of Loretto.
Over the last several months, I have been working on a large case criminal sexual conduct case
involving minors. Last week, I was able to submit this case to the Hennepin County Attorney’s Office
for formal review. Through my investigation, another juvenile victim was discovered in Wright
County. Based on that information, the suspect was arrested and is currently in the Wright County Jail.
The FBI is also involved as there will potentially be federal charges as well.
Currently investigating a theft from a motor vehicle. The victim’s credit card was used at a business in
a neighboring jurisdiction. I was able to obtain video surveillance from the business and I will be
sending out a crime alert with information about the suspect.
Received a report from the Minnesota Adult Abuse Reporting Center in reference to a resident in the
city of Loretto. The report referenced that the resident wasn’t receiving the proper care at home. The
resident has been offered assistance through the county and will be transitioning to a nursing home
facility.
I was out of the office for the week of October 11th -15th
There are currently (7) cases assigned to investigations
1
TO: Mayor Martin and Members of the City Council
FROM: Steve Scherer, Public Works Director
DATE October 28, 2021
MEETING: November 3, 2021
SUBJECT: Public Works Update
STREETS
• The last blacktop patching of the year was completed just ahead of the cooler
temperatures and snow.
• Public Works will make one last sweep through town in search of high valves and
manholes so we can spray patch around them. This practice lessens the chance of
damage to snowplows and infrastructure.
WATER/SEWER/STORMWATER
• Staff is training on the new operating system at the water treatment plant as time
permits.
• Seasonal hydrant flushing has commenced. We endured two water leaks during
the process and are hopeful no other problems present themselves. Fluctuating
pressure always shakes out weak spots. Corroded bolts on the valve or water
main are common culprits.
• Staff met with our consultant engineer WSB for a tour of the water treatment
plant to kick off the feasibility report for the expansion and media replacement.
• We dealt with a watermain break along County Road 116 along the Foxberry
Development. A traffic lane shift was necessary to allow for a safe work zone for
the contractor and the Medina Public Works Crew.
• Staff identified an illicit discharge going into the stormwater system while
flushing hydrants. The problem was corrected before anything entered the
wetlands or the BMP’s for the site. As with all illicit discharge findings, a full
report including the chain of events and follow up with the party has been logged.
• Jack Gleason conducted erosion control inspections after the recent rains and
found a few violations. Jack is following up to confirm corrections are
completed.
PARKS/TRAILS
• The trail at Hunter Park was temporarily patched back together for the winter
months. The storm pipe work and base for the courts is now complete. I am
gathering quotes for the grading of the ballfield to level out the piles of dirt and
remove any excess on site.
MEMORANDUM
2
• Tree removal in Harriot’s Woods at the Enclave will begin Friday, October 29th.
Several large trees with dead branches dangling over the trail corridor are a safety
concern and need to be removed.
PERSONNEL
• With the resignation of Jodi Gallup, parks and environment responsibilities will
shift to Public Works Administrative Assistant, Lisa DeMars. Lisa will assume
the coordination of drug testing for public works staff and assist with website
maintenance.
ORDER CHECKS OCTOBER 19, 2021 – NOVEMBER 3, 2021
052123 ALLAIRE, JOHN ........................................................................ $250.00
052124 AMERICAN PUBLIC WORKS ASSN` ........................................ $268.75
052125 BEAUDRY OIL & PROPANE ..................................................... $185.79
052126 BLUE CROSS BLUE SHIELD OF MN ................................... $36,666.29
052127 BOARD OF WATER & SOIL RESOURCE .............................. $5,161.50
052128 BROCK WHITE....................................................................... $6,553.95
052129 CARYL, JEAN ............................................................................ $250.00
052130 CASH........................................................................................... $74.00 POLICE – PETTY CASH
052131 CONTEMPORARY IMAGES ................................................... $2,612.54
052132 EAGLE BROOK CHURCH ......................................................... $250.00
052133 FLAGSHIP RECREATION LLC............................................... $2,121.62
052134 HACH COMPANY ...................................................................... $212.76
052135 HAMEL FIRE RELIEF ASSN ................................................ $50,272.10
052136 HAMEL VOLUNTEER FIRE DEPT ....................................... $85,387.50
052137 HARTMAN HOMES .............................................................. $10,000.00
052138 HASSAN SAND & GRAVEL .................................................. $26,008.64
052139 HENN COUNTY INFO TECH .................................................. $2,289.83
052140 JEREDS LAWN CARE INC ................................................... $10,500.00
052141 KANNAN, GOPIKRISHNA ......................................................... $100.00
052142 KD & COMPANY RECYCLING INC ........................................... $243.88
052143 KEN S TREES & LANDSCAPING INC .................................... $3,000.00
052144 CITY OF LONG LAKE ............................................................. $5,930.75
052145 LORETTO AUTO RECONDITION .......................................... $3,577.72
052146 LORETTO VOL FIRE DEPT INC .......................................... $21,295.80
052147 LUTHER BROOKDALE CHRYSLER ......................................... $391.58
052148 MADER FARM LLC ............................................................ $196,020.00
052149 MEDTOX LABS ......................................................................... $102.66
052150 METROPOLITAN COUNCIL ................................................. $29,521.80
052151 METROPOLITAN COUNCIL ................................................. $33,322.64
052152 METRO WEST INSPECTION ............................................... $17,551.70
052153 NAPA OF CORCORAN INC .......................................................... $5.08
052154 NELSON ELECTRIC MOTOR REPAIR ..................................... $942.50
052155 NORTHWEST ASSOC CONSULTANTS ................................... $468.00
052156 NORTHWEST FAMILY PHYSICIANS .......................................... $79.00
052157 OFFICE DEPOT .......................................................................... $67.92
052158 PREMIUM WATERS INC ............................................................. $15.50
052159 RES SPECIALTY PYROTECHNICS ....................................... $6,000.00
052160 STANLEY STEEMER ................................................................ $329.00
052161 TIMESAVER OFFSITE .............................................................. $525.63
052162 ADAIR TRITCHLER ................................................................... $250.00
052163 TRUAX PATIENT SERVICES, LLC ........................................... $900.00
052164 SSI MN TRANCHE 1 #10322006 ............................................ $4,359.60
052165 SSI MN TRANCHE 3 #10327096 ............................................ $5,627.86
052166 VIRIDIAN WEAPON TECHNOLOGIES ...................................... $124.00
052167 WETLAND CREDIT AGENCY ............................................ $364,447.98
052168 BIBLE BAPTIST CHURCH MN .................................................. $250.00
052169 CASS, DANIEL/MARY ................................................................. $26.02
052170 EXECUTIVE TITLE ................................................................. $1,042.81
052171 FARMERS STATE BANK OF HAMEL ....................................... $250.00
052172 KATKURI, RADHIKA.................................................................. $250.00
052173 US HOME CORP .................................................................. $63,680.52
052174 CITY OF MAPLE PLAIN ......................................................... $3,980.29
052175 MN DEPT OF LABOR/INDUSTRY ........................................ $12,085.62
052176 CITY OF ORONO ................................................................... $5,406.36
052177 PADALA, VENKATA .................................................................. $250.00
052178 PULTE GROUP ........................................................................... $81.58
052179 SMART, MARLIN/MERLIN........................................................... $37.39
052180 TAMARACK 2425 LLC ................................................................. $47.15
052181-52210 VOID .............................................................................................. $0.00 PRINTING ERROR
052211 ACTION FLEET INC .................................................................. $157.50
052212 ADAMS PEST CONTROL INC .................................................. $122.36
052213 AMERICAN PLANNING ASSN .................................................. $599.00
052214 ASPEN MILLS INC .................................................................... $510.57
052215 BEAUDRY OIL & PROPANE .................................................. $4,290.56
052216 BERGERSON CASWELL INC. ............................................. $13,968.00
052217 BOYER FORD TRUCKS INC ....................................................... $88.94
052218 BROCK WHITE....................................................................... $2,520.00
052219 CORNER HOUSE/INTERAGENCY CTR. ............................... $1,219.42
052220 CROW RIVER FARM EQUIPMENT CO ...................................... $95.66
052221 DITTER INC ............................................................................ $4,286.48
052222 FERGUSON ENTERPRISES INC .............................................. $655.14
052223 GO 2 HAMEL LLC ..................................................................... $282.94
052224 HACH COMPANY ...................................................................... $583.20
052225 HASSAN SAND & GRAVEL ....................................................... $880.60
052226 HOLIDAY FLEET ....................................................................... $104.00
052227 KENNEDY & GRAVEN CHARTERED .................................. $13,422.58
052228 JOSEPH M KITTOK ................................................................... $535.00
052229 KRAEMER MINING AND MATERIALS ................................. $13,709.06
052230 MOTLEY AUTO SERVICE LLC ................................................. $608.00
052231 OFFICE DEPOT ........................................................................ $256.07
052232 OPG-3, INC ............................................................................... $370.00
052233 ROLF ERICKSON ENTERPRISES INC .................................. $9,251.39
052234 SAMS LAWN & LANDSCAPE INC ............................................. $300.00
052235 STREICHER'S ............................................................................. $74.97
052236 SUBURBAN TIRE WHOLESALE INC ........................................ $589.68
052237 SUN LIFE FINANCIAL ............................................................... $910.55
052238 TEGRETE CORP .................................................................... $1,355.00
052239 WESTSIDE WHOLESALE TIRE ................................................ $220.00
052240 WSB & ASSOCIATES ......................................................... $105,288.00
Total Checks $1,198,908.28
ELECTRONIC PAYMENTS OCTOBER 19, 2021 – NOVEMBER 3, 2021
006117E PR PERA .............................................................................. $17,802.01
006118E PR FED/FICA ....................................................................... $17,127.05
006119E PR MN Deferred Comp ........................................................... $3,740.00
006120E PR STATE OF MINNESOTA .................................................. $3,970.41
006121E CITY OF MEDINA ........................................................................ $24.00
006122E FURTHER .............................................................................. $1,795.20
006123E MN CHILD SUPPORT PAYMENT ............................................. $960.50
006124E AFLAC ....................................................................................... $473.48
006125E CENTURYLINK.......................................................................... $258.57
006126E CULLIGAN-METRO ..................................................................... $34.40
006127E FRONTIER .................................................................................. $57.58
006128E FURTHER ................................................................................. $661.03
006129E PR PERA .............................................................................. $18,081.49
006130E PR FED/FICA ....................................................................... $17,033.20
006131E PR MN Deferred Comp ........................................................... $3,740.00
006132E PR STATE OF MINNESOTA .................................................. $4,009.23
006133E CITY OF MEDINA ........................................................................ $23.00
006134E FURTHER .............................................................................. $1,795.20
006135E MN CHILD SUPPORT PAYMENT ............................................. $235.50
006136E ELAN FINANCIAL SERVICE ................................................ $10,260.18
006137E FURTHER ................................................................................. $208.00
006138E MINNESOTA, STATE OF ....................................................... $1,916.00
006139E MEDIACOM OF MN LLC ........................................................... $845.79
006140E CENTERPOINT ENERGY ......................................................... $295.62
006141E DELTA DENTAL ..................................................................... $2,567.46
006142E GREAT AMERICA FINANCIAL SERVI ...................................... $178.95
006143E CITY OF PLYMOUTH ............................................................. $1,176.16
006144E WRIGHT HENN COOP ELEC ASSN ...................................... $1,875.51
006145E MARCO (LEASE) .................................................................... $1,339.52
006146E VALVOLINE FLEET SERVICES ................................................ $248.09
006147E FARMERS STATE BANK OF HAMEL ....................................... $150.00
Total Electronic Checks $112,883.13
PAYROLL DIRECT DEPOSIT – OCTOBER 27, 2021
0511397 BILLMAN, JACKSON CARROLL ............................................... $679.07
0511398 COOK, JUSTIN W ..................................................................... $478.29
0511399 ALTENDORF, JENNIFER L. ...................................................... $700.98
0511400 BARNHART, ERIN A. ............................................................. $2,492.82
0511401 BAUMGARDNER, COLETTE J .................................................. $513.94
0511402 BOECKER, KEVIN D. ............................................................. $2,797.73
0511403 CONVERSE, KEITH A. ........................................................... $2,360.83
0511404 DEMARS, LISA ....................................................................... $1,436.13
0511405 DION, DEBRA A. .................................................................... $2,009.14
0511406 ENDE, JOSEPH...................................................................... $1,957.04
0511407 FINKE, DUSTIN D. ................................................................. $2,649.78
0511408 GALLUP, JODI M. ................................................................... $2,148.72
0511409 GLEASON, JOHN M. .............................................................. $2,171.97
0511410 GREGORY, THOMAS ............................................................ $1,952.58
0511411 HALL, DAVID M. ..................................................................... $2,265.85
0511412 HANSON, JUSTIN .................................................................. $2,376.29
0511413 JACOBSON, NICOLE ................................................................ $854.25
0511414 JESSEN, JEREMIAH S. .......................................................... $2,455.19
0511415 JOHNSON, SCOTT T. ............................................................ $2,093.01
0511416 KLAERS, ANNE M. ................................................................. $1,529.38
0511417 LEUER, GREGORY J. ............................................................ $2,374.53
0511418 MCGILL, CHRISTOPHER R. .................................................. $1,524.55
0511419 MCKINLEY, JOSHUA D .......................................................... $2,054.72
0511420 NELSON, JASON ................................................................... $2,622.71
0511421 REINKING, DEREK M ............................................................ $2,269.30
0511422 SCHARF, ANDREW ............................................................... $2,284.90
0511423 SCHERER, STEVEN T. .......................................................... $2,389.84
0511424 VINCK, JOHN J ...................................................................... $1,793.69
0511425 VOGEL, NICHOLE ..................................................................... $990.77
Total Payroll Direct Deposit $54,228.00