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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. 2 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 3 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 4 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 5 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. 7 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 i 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. 1 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, 2 746473.v56 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. 3 746473.v56 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. 4 746473.v56 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 5 746473.v56 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. 6 746473.v56 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 7 746473.v56 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 8 746473.v56 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 9 746473.v56 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. 10 746473.v56 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 11 746473.v56 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. ********************* 12 746473.v56 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF MEDINA By:__________________________________ Kathleen Martin, Mayor By:__________________________________ Scott T. Johnson, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of __________, 2021, by Kathleen Martin and Scott T. Johnson, the mayor and city administrator, respectively, of the city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation. ____________________________________ Notary Public 13 746473.v56 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 14 746473.v56 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. D- 1 746473.v56 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 D- 2 746473.v56 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 D-A- 1 746473.v56 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. D-B- 1 746473.v56 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 D-B- 2 746473.v56 EXHIBIT C Depiction of the Easement Area D-C- 1 746473.v56 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 E- 1 746473.v56 of the Developer and its successors or assigns as the fee owner of the Property. 2.City’s Maintenance Rights. The City may inspect the Stormwater Improvements at any time and shall have the right to enter upon the Easement Areas and such portions of the Property as may reasonably be necessary to gain access to the Easement Areas to perform such inspections. Additionally, the City may maintain the Stormwater Improvements, as provided in this paragraph, if the City reasonably believes that the Developer or its successors or assigns has failed to maintain the Stormwater Improvements in accordance with applicable drainage laws and other requirements and such failure continues for 30 days after the City gives the Developer written notice of such failure or, if such tasks cannot be completed within 30 days, after such time period as may be reasonably required to complete the required tasks provided that Developer is making a good faith effort to complete said task. The City’s notice shall specifically state which maintenance tasks are to be performed. If Developer does not complete the maintenance tasks within the required time period after such notice is given by the City, the City shall have the right to enter upon the Easement Areas and such portions of the Property as may reasonably be necessary to gain access to the Easement Areas to perform such maintenance tasks. In such case, the City shall send an invoice of its reasonable maintenance costs to the Developer or its successors or assigns, which shall include all reasonable staff time, engineering and legal and other reasonable costs and expenses incurred by the City. If the Developer or its successors or assigns fails to reimburse the City for its costs and expenses in maintaining the Stormwater Improvements within 30 days of receipt of an invoice for such costs, the City shall have the right to assess the full cost thereof against the Property. The Developer, on behalf of itself and its successors and assigns, acknowledges that the maintenance work performed by the City regarding the Stormwater Improvements benefits the Property in an amount which exceeds the assessment and hereby waives any right to hearing or notice and the right to appeal the assessments otherwise provided by Minnesota Statutes, Chapter 429. Notwithstanding the foregoing, in the event of an emergency, as determined by the city engineer, the 30-day notice requirement to the Developer for failure to perform maintenance tasks shall be and hereby is waived in its entirety by the Developer, and the Developer shall reimburse the City and be subject to assessment for any expense so incurred by the City in the same manner as if written notice as described above has been given. 3.Hold Harmless. The Developer hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys’ fees) arising out of or resulting from the Developer’s, or the Developer’s agents’ or employees’ negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions, except to the extent of intentional or grossly negligent acts of the City, its employees, agents and representatives. In the event the City, upon the failure of the Developer to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Developer shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Developer’s required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts of the City, its employees, agents and representatives. E- 2 746473.v56 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] E- 3 746473.v56 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 E- 4 746473.v56 CITY OF MEDINA By:__________________________________ Kathleen Martin, Mayor By:__________________________________ Scott T. Johnson, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of __________, 2021, by Kathleen Martin and Scott T. Johnson, the mayor and city administrator, respectively, of the city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation. ____________________________________ Notary Public This instrument drafted by: Kennedy & Graven, Chartered 700 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300 E- 5 746473.v56 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 E-A- 1 746473.v56 EXHIBIT B TO STORMWATER MAINTENANCE AGREEMENT Depiction of Location of Stormwater Improvements E-B- 1 746473.v56 EXHIBIT C TO STORMWATER MAINTENANCE AGREEMENT E-C- 1 746473.v56 E-C- 2 746473.v56 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. ************************ F- 2 746473.v56 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 F- 3 746473.v56 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. G- 1 746473.v56 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 G- 2 746473.v56 746473.v56 G-A- 1 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 H- 1 746473.v56 H- 2 746473.v56 Document comparison by W orkshare 10.0 on Tuesday, October 26, 2021 8:56:01 AM Input: Document 1 ID PowerDocs://DOCSOPEN/746473/5 Description DOCSOPEN-#746473-v5-Development_Agreement_(CR2 9_Medina_Townhomes) Document 2 ID PowerDocs://DOCSOPEN/746473/6 Description DOCSOPEN-#746473-v6-Development_Agreement_(CR2 9_Medina_Townhomes) Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 29 Deletions 31 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 60 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 F O R C O N S T R U C T I O N 8/19/21 MLL SITE PLAN REVIEW 9/1/21 MLL CITY COMMENT RESPONSE 9/28/21 MLL CITY/ECWMC COMMENT RESPONSE DEVELOPER/OWNER BAPS MINNEAPOLIS LLC 2300 FREEWAY BLVD BROOKLYN CENTER, MN 55430 TEL 952-457-9500 MC.MINNEAPOLIS@USA.BAPS.ORG CONTACT: ASIT WAGHANI ARCHITECT BHARAT PATEL ARCHITECT, INC 5057 NORTHERN LIGHTS DR GREENACRES FL, 33463 561-306-6573 BPATEL@BRPARCH.COM CONTACT: BHARAT PATEL CIVIL ENGINEER SAMBATEK 12800 WHITEWATER DRIVE, SUITE 300 MINNETONKA, MN 55343 TEL 763-476-6010 PMOREAU@SAMBATEK.COM CONTACT: PETE MOREAU LANDSCAPE ARCHITECT SAMBATEK 12800 WHITEWATER DRIVE, SUITE 300 MINNETONKA, MN 55343 TEL 763-476-6010 JWORKMAN@SAMBATEK.COM CONTACT: JOHNNIE WORKMAN SURVEYOR SAMBATEK 12800 WHITEWATER DRIVE, SUITE 300 MINNETONKA, MN 55343 TEL 763-476-6010 EWITHROW@SAMBATEK.COM CONTACT: ERIC WITHROW SHEET INDEX SHEET DESCRIPTION C1.01 TITLE SHEET 1 OF 1 ALTA-NSPS LAND TITLE SURVEY C2.01 EXISTING CONDITIONS C2.02 EXISTING CONDITIONS (350' OVERLAP) C2.03 DEMOLITION PLAN C3.01 SITE PLAN C4.01 GRADING PLAN C4.02 GRADING NOTES C5.01 PHASE I EROSION CONTROL PLAN C5.02 PHASE II EROSION CONTROL PLAN C5.03 EROSION CONTROL NOTES & DETAILS C6.01 UTILITY PLAN C9.01 DETAILS C9.02 DETAILS C9.03 DETAILS C9.04 DETAILS L1.01 TREE PRESERVATION PLAN L1.02 LANDSCAPE PLAN L1.03 LANDSCAPE SHRUB PLAN L1.04 LANDSCAPE DETAILS AND NOTES EXHIBIT A TRUCK TURN EXHIBIT EXHIBIT B PHOTOMETRIC PLAN A-201 FIRST FLOOR PLAN A-202 SECOND FLOOR PLAN A-301 ELEVATIONS A-302 ELEVATIONS for Preliminary Site Development Plans BAPS Hindu Temple BAPS Minneapolis LLC Medina, Minnesota Presented by: NO SCALE VICINITY MAP SITE CONSULTANT CONTACT LIST: N.T.S. CITY OF MEDINA SPECIFICATIONS (CURRENT) CITY ENGINEER'S ASSOCIATION OF MINNESOTA STANDARD SPECIFICATIONS (2013) MNDOT STANDARD SPECIFICATIONS FOR CONSTRUCTION (2018 EDITION) GOVERNING SPECIFICATIONS HAMEL R O A D 55 AR R O W H E A D D R 116 HACKAMORE RD 101 A-202 SECOND FLOOR PLAN A-301 ELEVATIONS A-302 ELEVATIONS 203 SITE DETAILS (TRASH ENCLOSURE) 1.SUBJECT PROPERTIES ADDRESS IS 1400 HAMEL ROAD, ITS PROPERTY IDENTIFICATION NUMBER IS 11-118-23-23-0003. 2.THE GROSS AREA OF THE SUBJECT PROPERTY IS 20.11 ACRES OR 875,873 SQUARE FEET. THE AREA AFFECTED BY RIGHT OF WAY EASEMENTS FOR THE CITY OF MEDINA AND HENNEPIN COUNTY IS 0.49 ACRES OR 21,226 SQUARE FEET. THE AREA OF THE REMAINDER IS 19.62 ACRES OR 854,647 SQUARE FEET. 3.THE SUBJECT PROPERTY IS ZONED BP - BUSINESS PARK, PER CITY OF MEDINA ONLINE ZONING MAP ACCESSED 07/30/2021. 4.THE BUILDING(S) AND EXTERIOR DIMENSIONS OF THE OUTSIDE WALL AT GROUND LEVEL ARE SHOWN ON THE SURVEY. IT MAY NOT BE THE FOUNDATION WALL. Parcel 1: The East 602 feet of the West Half of the Southwest Quarter of Section 11, Township 118, Range 23, lying North of the center line of Hamel Road Parcel 2: The East 602 feet of the part of the Southwest Quarter of the Northwest Quarter of Section 11, Township 118, Range 23, lying South of a line drawn Easterly parallel with the North line of said Southwest Quarter of the Northwest Quarter, from a point on the West line of said Southwest Quarter of the Northwest Quarter distant 528 feet Southerly from the Northwest corner of said Southwest Quarter of the Northwest Quarter of Section 11, Township 118, Range 23 Hennepin County, Minnesota Torrens Property 1.The bearing system is based on the Hennepin County coordinate system, NAD83 (1986 Adjust), with an assumed bearing of N 0° 18' 53" W for the West line of NW 1 4 , Section 11 , Township 118 , Range 23. 2.FIELD WORK WAS COMPLETED ON 07/29/2021. 1. THE VERTICAL DATUM IS BASED ON NAVD88. BENCHMARK #1 MNDOT 2722 X ELEV.=995.36 BENCHMARK #2 MNDOT 2722 AC ELEV.=992.10 DESCRIPTION PROPERTY SUMMARY BENCHMARKS SURVEY NOTES Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client BAPS MINNEAPOLIS, LLC 2300 FREEWAY BLVD, BROOKLYN CENTER, MN 55430 BAPS MANDIR IN MEDINA MEDINA, MINNESOTA 1400 HAMEL ROAD DJT 1/1 08/04/21 50157 OVERHEAD ELECTRICAL WIRE LIGHT UNDERGROUND ELECTRIC GUY ANCHOR UTILITY POLE UNDERGROUND TELEPHONE UNDERGROUND GAS WOOD FENCE BUILDING LINE CONCRETE CURB BITUMINOUS SURFACE CONCRETE SURFACE WET LAND SIGN FEMA FLOOD ZONE LINE TREE LINE FOUND MONUMENT FOUND CAST IRON MONUMENT EASEMENT LINE SETBACK LINE RESTRICTED ACCESS FOUND RIGHT-OF-WAY MONUMENT SET MONUMENT MARKED LS 47092 SECTION LINE UNDERLYING / ADJACENT LOT TIE LINE BOUNDARY LINE DEED DISTANCE(100.00) CONIFEROUS TREE TRANSFORMER BUILDING CANOPY GAS METER ELECTRIC MANHOLE ELECTRIC METER TELEPHONE PEDESTAL CABLE TV BOX GATE VALVE / HYDRANT SANITARY MANHOLE CLEAN OUT CULVERT SPOT ELEVATION CONTOUR RIGHT-OF-WAY LINE WIRE FENCE DECIDUOUS TREE NORTH SCALE IN FEET VICINITY MAP LEGEND PI N T O D R SITE TA M A R A C K D R AR R O W H E A D D R SOO L I N E R R 55 118 200100 Registration No.Date: I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed LAND SURVEYOR under the laws of the State of Minnesota. If applicable, contact us for a wet signed copy of this survey which is available upon request at Sambatek's, Minnetonka, MN office. 08/04/2147092 Jason J. Howard Sep 28, 2021 - 5:07pm - User:mlarson L:\PROJECTS\50157\CAD\Survey\Sheets\50157 -EXCON.dwg C2.02 EXISTING CONDITIONS (350' OVERLAP) – 1 0 ' T R A I L A N D D & U E A S E M E N T 20 ' D & U E A S E M E N T 20' D&U EASEMENT RELOCATE EXISTING SIGN REMOVE EXISTING BUILDINGS REMOVE EXISTING DRIVEWAYS REMOVE EXISTING FENCING (TYP)AREAS OF TEMPORARY WETLAND IMPACT FOR FENCE REMOVAL CONTRACTOR TO COORDINATE RELOCATION OF EXISTING UTILITIES REMOVE WELL PER LOCAL AUTHORITY STANDARDS 20' 20' CURB AND PAVEMENT REMOVAL FOR WATERMAIN CONNECTION. SEE SHEET C6.01 SAWCUT EDGE OF HAMEL ROAD BITUMINOUS PAVEMENT FOR PROPOSED DRIVEWAY ACCESS CONNECTION. SEE SITE PLAN C3.01 80' 198' SCALE IN FEET 0 12060 NORTH Sep 28, 2021 - 5:08pm - User:mlarson L:\PROJECTS\50157\CAD\Civil\Sheets\50157-C2-DEMO.dwg C2.03 DEMOLITION PLAN Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client BAPS MINNEAPOLIS LLC 2300 FREEWAY BLVD BROOKLYN CENTER, MN 55430 BAPS HINDU TEMPLE MEDINA, MN 1400 HAMEL ROAD MLL JMW PSM PRELIMINARY 08/12/2021 50157 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 08/12/202153735 Pete S. Moreau NOT F O R C O N S T R U C T I O N 8/19/21 MLL SITE PLAN REVIEW 9/1/21 MLL CITY COMMENT RESPONSE 9/28/21 MLL CITY/ECWMC COMMENT RESPONSE THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL D. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. LEGEND DEMOLITION NOTES UNDERGROUND GAS STONE RETAINING WALL CHAIN LINK FENCE WOOD FENCE IRON FENCE WIRE FENCE UNDERGROUND ELECTRIC UNDERGROUND CABLE TV UNDERGROUND TELEPHONE OVERHEAD ELECTRIC SANITARY SEWER FORCE MAIN WATERMAIN DRAIN TILE STORM SEWER LIGHT HYDRANT GAS METER SPRINKLER HEAD SPRINKLER VALVE GUARD RAIL HANDRAIL EDGE OF TREES TREES / SHRUBS CONCRETE GUARD POLES SIGNS CONCRETE CURB BITUMINOUS CURB BUILDING REMOVE EXISTING CHAIN LINK FENCE REMOVE EXISTING UTILITY REMOVE EXISTING REMOVE EXISTING TREE REMOVE EXISTING BUILDING REMOVE EXISTING CONCRETE PAVEMENT REMOVE EXISTING BITUMINOUS PAVEMENT SAW CUT EXIST BITUMINOUS PAVEMENT REMOVE EXIST CONCRETE CURB REMOVE EXISTING UTILITY LINE EXISTING REMOVE EXISTING LIGHT FIXTURE REMOVE EXISTING GRAVEL DRIVE REMOVE EXISTING LANDSCAPING 1.DEMOLITION NOTES ARE NOT COMPREHENSIVE. CONTRACTOR SHALL VISIT THE SITE PRIOR TO CONSTRUCTION TO OBTAIN A CLEAR UNDERSTANDING OF THE INTENDED SCOPE OF WORK. 2.THE DESIGN SHOWN IS BASED ON ENGINEER'S UNDERSTANDING OF EXISTING CONDITIONS. THE EXISTING CONDITIONS SHOWN ON THIS PLAN ARE BASED UPON ALTA AND TOPOGRAPHIC MAPPING PREPARED BY SAMBATEK DATED 08/09/2021. IF CONTRACTOR DOES NOT ACCEPT EXISTING TOPOGRAPHY AS SHOWN ON THE PLANS WITHOUT EXCEPTION, CONTRACTOR SHALL HAVE MADE, AT OWN EXPENSE, A TOPOGRAPHIC SURVEY BY A REGISTERED LAND SURVEYOR AND SUBMIT IT TO THE OWNER FOR REVIEW. 3.THE CONTRACTOR IS RESPONSIBLE FOR DEMOLITION, REMOVAL, AND DISPOSING IN A LOCATION APPROVED BY ALL GOVERNING AUTHORITIES AND IN ACCORDANCE WITH APPLICABLE CODES, OF ALL STRUCTURES, PADS, WALLS, FLUMES, FOUNDATIONS, PARKING, DRIVES, DRAINAGE STRUCTURES, UTILITIES, ETC., SUCH THAT THE IMPROVEMENTS SHOWN ON THE PLANS CAN BE CONSTRUCTED. ALL FACILITIES TO BE REMOVED SHALL BE UNDERCUT TO SUITABLE MATERIAL AND BROUGHT TO GRADE WITH SUITABLE COMPACTED FILL MATERIAL PER THE GEOTECHNICAL REPORT AND/OR GEOTECHNICAL ENGINEER. 4.CLEARING AND GRUBBING: CONTRACTOR IS RESPONSIBLE FOR REMOVING ALL DEBRIS FROM THE SITE AND DISPOSING THE DEBRIS IN A LAWFUL MANNER. CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL PERMITS REQUIRED FOR DEMOLITION AND DISPOSAL. [DELETE IF NOT APPLICABLE] 5.CONTRACTOR IS RESPONSIBLE FOR THE DISCONNECTION OF UTILITY SERVICES TO EXISTING BUILDINGS PRIOR TO DEMOLITION OF THE BUILDINGS. [DELETE IF NOT APPLICABLE] 6.CONTRACTOR IS SPECIFICALLY CAUTIONED THAT LOCATIONS OF EXISTING UTILITIES SHOWN ON THIS PLAN HAVE BEEN DETERMINED FROM INFORMATION AVAILABLE. ENGINEER ASSUMES NO RESPONSIBILITY FOR THE UTILITY MAPPING ACCURACY. PRIOR TO START OF ANY DEMOLITION ACTIVITY, THE CONTRACTOR SHALL NOTIFY UTILITY COMPANIES 48 HOURS PRIOR TO ANY EXCAVATION FOR ON-SITE LOCATIONS OF EXISTING UTILITIES. THE LOCATIONS OF UTILITIES SHALL BE OBTAINED BY THE CONTRACTOR BY CALLING MINNESOTA GOPHER STATE ONE CALL AT 800-252-1166 OR 651-454-0002. 7.THE MAPPING LOCATION OF ALL EXISTING SEWERS, PIPING, AND UTILITIES SHOWN ARE NOT TO BE INTERPRETED AS THE EXACT LOCATION, OR AS THE ONLY OBSTACLES THAT MAY OCCUR ON THE SITE. VERIFY EXISTING CONDITIONS AND PROCEED WITH CAUTION AROUND ANY ANTICIPATED FEATURES. GIVE NOTICE TO ALL UTILITY COMPANIES REGARDING DESTRUCTION AND REMOVAL OF ALL SERVICE LINES AND CAP ALL LINES BEFORE PROCEEDING WITH WORK. UTILITIES DETERMINED TO BE ABANDONED SHALL BE REMOVED IF UNDER THE BUILDING INCLUDING 10' BEYOND FOUNDATIONS. 8.CONTRACTOR SHALL COORDINATE WITH RESPECTIVE UTILITY COMPANIES PRIOR TO REMOVAL AND/OR RELOCATION OF UTILITIES. CONTRACTOR SHALL COORDINATE WITH UTILITY COMPANIES CONCERNING PORTIONS OF WORK WHICH MAY BE PERFORMED BY THE UTILITY COMPANIES' FORCES AND ANY FEES WHICH ARE TO BE PAID TO UTILITY COMPANIES FOR SERVICES. CONTRACTOR IS RESPONSIBLE FOR PAYING ALL FEES AND CHARGES. 9.ELECTRICAL, TELEPHONE, CABLE, WATER, FIBER OPTIC CABLE AND/OR GAS LINES NEEDING TO BE REMOVED OR RELOCATED SHALL BE COORDINATED WITH THE AFFECTED UTILITY COMPANY. ADEQUATE TIME SHALL BE PROVIDED FOR RELOCATION AND CLOSE COORDINATION WITH THE UTILITY COMPANY IS NECESSARY TO PROVIDE A SMOOTH TRANSITION IN UTILITY SERVICE. CONTRACTOR SHALL PAY CLOSE ATTENTION TO EXISTING UTILITIES WITHIN THE ROAD RIGHT OF WAY DURING CONSTRUCTION. 10.CONTRACTOR MUST PROTECT THE PUBLIC AT ALL TIMES WITH FENCING, BARRICADES, ENCLOSURES, ETC., TO THE BEST PRACTICES. 11.CONTINUOUS ACCESS SHALL BE MAINTAINED FOR THE SURROUNDING PROPERTIES AT ALL TIMES DURING DEMOLITION OF THE EXISTING FACILITIES. 12.PRIOR TO DEMOLITION OCCURRING, ALL EROSION CONTROL DEVICES ARE TO BE INSTALLED AND APPROVED BY THE LOCAL AUTHORITY. 13.CONTRACTOR SHALL LIMIT SAW-CUT & PAVEMENT REMOVAL TO ONLY THOSE AREAS WHERE IT IS REQUIRED AS SHOWN ON THESE CONSTRUCTION PLANS BUT IF ANY DAMAGE IS INCURRED ON ANY OF THE SURROUNDING PAVEMENT, ETC. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ITS REMOVAL AND REPAIR. 14.CONTRACTOR TO PROTECT EXISTING FEATURES WHICH ARE TO REMAIN. DAMAGE TO ANY EXISTING CONDITIONS TO REMAIN WILL BE REPLACED AT CONTRACTOR'S EXPENSE. 15.ABANDON OR REMOVE ALL SANITARY, WATER AND STORM SERVICES PER CITY STANDARDS. COORDINATE ALL WORK WITH CITY. ALL STREET RESTORATION SHALL BE COMPLETED IN COMPLIANCE WITH LOCAL STANDARDS. 16.CONTRACTOR SHALL PREPARE AND SUBMIT TO THE GOVERNING AUTHORITY A TRAFFIC AND/OR PEDESTRIAN TRAFFIC PLAN PER CITY/COUNTY/STATE STANDARDS TO BE APPROVED BY THE LOCAL GOVERNING AUTHORITY. 5 0 ' B L D G S E T B A C K 3 5 ' P R K G S E T B A C K F B B B 3 J A AA A A L M N N N N NN N RELOCATE EXISTING SIGN O 17 2 . 3 ' 172.4' ATYP TYP O 24' 9' TYP 9' TY P 30 ' 195.8' 20' TO BC 24' F F F TYP TYP I EAST WETLAND MANAGE 2 WEST WETLAND MANAGE 1 H A M E L R O A D PROPOSED BUILDING GROUND FLOOR: 43,780 SF SECOND FLOOR: 2,200 SF TOTAL: 45,980 SF FFE=1000.00 2F - EAST POND HWL100: 995.68 WQE : 994.50 BOT: 993.00 NO PARKING NO PARKING NO PARKING NO PARKING 1 0 ' T R A I L A N D D & U E A S E M E N T 20 ' D & U E A S E M E N T 20' D&U EASEMENT 3F - WEST POND HWL100: 996.75 WQE: 996.50 BOT: 995.00 1F - NORTH POND HWL100: 996.48 WQE: 994.50 BOT: 993.00 24 ' 6. 7 ' 8. 4 ' 5. 7 ' 15 . 7 ' 21.6' 10' 6 ' 5 ' SAWCUT BITUMINOUS MEET & MATCH EXISTING PAVEMENT 3' CURB TRANSITION 19.8'6 6 . 7 ' 8 0 ' SAWCUT BITUMINOUS MEET & MATCH EXISTING PAVEMENT MATCH EXISTING CURB & GUTTER P252815 3 Q O R 30' AVERAGE WETLAND BUFFER WETLAND EDGE 20' MINIMUM WETLAND BUFFER 30' AVERAGE WETLAND BUFFER WETLAND EDGE 20' MINIMUM WETLAND BUFFER PROPOSED AVERAGE WETLAND BUFFER (SEE WETLAND SUMMARY TABLE THIS SHEET) WETLAND IMPACT AREA 846 SF PROPOSED WETLAND BUFFER 25' AVERAGE WETLAND BUFFER WETLAND EDGE 20' MINIMUM WETLAND BUFFER EXTENTS OF 15' ALTERNATE MINIMUM BUFFER PROPOSED AVERAGE WETLAND BUFFER (SEE WETLAND SUMMARY TABLE THIS SHEET) 20' PARKING SETBACK 30' BUILDING SETBACK 20 26 22 10 13 13 13 7 137 9 30' BUILDING SETBACK 20' BUILDING SETBACK 1 0 ' 1 0 ' 1 0 ' 1 0 ' 2 4 ' N 19 ' 24 ' 19 ' 19 ' 24 ' 19 ' BJ 19'24'19'19'24'19' I 7' 12 ' 22 ' 30 ' B U I L D I N G S E T B A C K 20 ' P A R K I N G S E T B A C K SCALE IN FEET 0 12060 NORTH Sep 28, 2021 - 5:08pm - User:mlarson L:\PROJECTS\50157\CAD\Civil\Sheets\50157-C3-SITE.dwg C3.01 SITE PLAN Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client BAPS MINNEAPOLIS LLC 2300 FREEWAY BLVD BROOKLYN CENTER, MN 55430 BAPS HINDU TEMPLE MEDINA, MN 1400 HAMEL ROAD MLL JMW PSM PRELIMINARY 08/12/2021 50157 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 08/12/202153735 Pete S. Moreau NOT F O R C O N S T R U C T I O N 8/19/21 MLL SITE PLAN REVIEW 9/1/21 MLL CITY COMMENT RESPONSE 9/28/21 MLL CITY/ECWMC COMMENT RESPONSE 1.ALL DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT. 2.ALL DIMENSIONS SHOWN ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 3.CONTRACTOR SHALL REVIEW PAVEMENT GRADIENT AND CONSTRUCT “GUTTER OUT” WHERE WATER DRAINS AWAY FROM CURB. ALL OTHER AREAS SHALL BE CONSTRUCTED AS “GUTTER IN” CURB. COORDINATE WITH GRADING CONTRACTOR. 4.ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT. 5.ALL PARKING STALLS TO BE 9' IN WIDTH AND 18' IN LENGTH UNLESS OTHERWISE INDICATED. 6.CONTRACTOR SHALL REFER TO ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS OF EXIT PORCHES, RAMPS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDING UTILITY ENTRANCE LOCATIONS. 7.SEE ARCHITECTURAL PLANS FOR PYLON SIGN DETAILS 8.LIGHT STANDARD LOCATIONS ARE FOR REFERENCE ONLY, SITE LIGHTING PLAN IS DESIGN BUILD BY CONTRACTOR. CONTRACTOR SHALL CONFIRM LIGHT STANDARD LOCATION WITH LIGHTING VENDOR. OR SEE ARCHITECTURAL PLANS FOR LIGHT POLE FOUNDATION DETAIL AND FOR EXACT LOCATIONS OF LIGHT POLE. 9.REFER TO FINAL PLAT FOR LOT BOUNDARIES, LOT NUMBERS, LOT AREAS, AND LOT DIMENSIONS. 10.ALL GRADIENTS ON SIDEWALKS ALONG THE ADA ROUTE HAVE BEEN DESIGNED WITH A MAXIMUM LONGITUDINAL SLOPE OF 4.5%, AND A MAXIMUM CROSS SLOPE OF 1.5%. THIS IS LESS THAN THE ADA CODE MAXIMUM LONGITUDINAL SLOPE OF 5% (1:20), EXCEPT AT CURB RAMPS (1:12), AND A MAXIMUM CROSS SLOPE OF 2.00% (1:50). THE MAXIMUM DESIGN SLOPE IN ANY DIRECTION ON AN ADA PARKING STALL OR ACCESS AISLE IS 1.5%, LESS THAN THE ADA CODE MAXIMUM SLOPE IN ANY DIRECTION ON AN ADA PARKING STALL OR ACCESS AISLE OF 2.00% (1:50). THE CONTRACTOR SHALL REVIEW AND VERIFY THE GRADIENT IN THE FIELD ALONG THE ADA ROUTES PRIOR TO PLACING CONCRETE OR BITUMINOUS PAVEMENT. THE CONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY IF THERE IS A DISCREPANCY BETWEEN THE GRADIENT IN THE FIELD VERSUS THE DESIGN GRADIENT AND COORDINATE WITH GRADING CONTRACTOR. 11."NO PARKING" SIGNS SHALL BE PLACED ALONG ALL DRIVEWAYS AS REQUIRED BY CITY. 12.STREET NAMES ARE SUBJECT TO APPROVAL BY THE CITY. 13.ANY WORK WITHIN HENNEPIN COUNTY REQUIRES A HENNEPIN COUNTY PERMIT. CONTRACTOR SHALL OBTAIN APPLICABLE COUNTY PERMITS AND DOCUMENT RECEIPT TO CITY OF MEDINA. CIVIL 3D MODEL LIMITATIONS SAMBATEK'S DELIVERABLE AND GOVERNING DOCUMENTS FOR CONSTRUCTION SHALL BE A HARD COPY AND/OR PDF PLAN SHEETS. IF A CIVIL 3D MODEL IS GENERATED IN THE PROCESS OF PREPARING THE PLAN SHEETS, IT IS AS A DESIGN TOOL ONLY AND NOT AS A SEPARATE DELIVERABLE. AT THE OWNER'S REQUEST, WE WILL RELEASE OUR CIVIL 3D MODEL FOR THE CONTRACTOR'S USE. HOWEVER, ITS USE IS AT THE CONTRACTOR'S RISK AND SHALL NOT BE USED FOR STAKING OF CURB, SIDEWALK, OR OTHER HARD SURFACE IMPROVEMENTS. IF A CIVIL 3D MODEL FOR STAKING HARD SURFACE IMPROVEMENTS IS REQUIRED, WE CAN PROVIDE A SUPPLEMENTAL AGREEMENT FOR REFINEMENT AND PREPARATION OF THE CIVIL 3D MODEL. LEGEND EASEMENT CURB & GUTTER BUILDING RETAINING WALL SAWCUT LINE NUMBER OF PARKING STALLS PER ROW SIGN PIPE BOLLARD STANDARD DUTY ASPHALT PAVING HEAVY DUTY ASPHALT PAVING CONCRETE PAVING PROPERTY LIMIT EXISTINGPROPOSED KEY NOTE DEVELOPMENT SUMMARY DEVELOPMENT NOTES KEY NOTES WETLAND LIMITS TREELINE A.BUILDING, STOOPS, STAIRS (SEE ARCHITECTURAL PLANS) B.B-612 CONCRETE CURB AND GUTTER C.NOT USED D.CONCRETE APRON E.FLAT CURB SECTION F.CONCRETE SIDEWALK G.SEGMENTAL BLOCK RETAINING WALL H.ACCESSIBLE RAMP I.ACCESSIBLE STALL STRIPING J.ACCESSIBLE PARKING SIGN K.TRANSFORMER L.TRASH PAD AND 3-SIDED ENCLOSURE M.PLAYGROUND N.WETLAND BUFFER MONUMENT SIGN (EVERY 200') O.FOXHOLE RAIN GUARDIAN P.CONCRETE VALLEY GUTTER (SEE DETAIL 05, SHEET C9.02) Q.NOT USED R.RAIN GUARDIAN BUNKER XX XX THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL D. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. CONCRETE SIDEWALK AREA GROSS SITE AREA IMPERVIOUS AREA ALLOWED IMPERVIOUS AREA PROPOSED BUILDING SETBACKS FRONT YARD REAR YARD SIDE YARD PARKING SETBACKS FRONT YARD REAR YARD SIDE YARD ZONING EXISTING ZONING PROPOSED ZONING PARKING SUMMARY PARKING REQUIRED (NUMBER OF OCCUPANTS/4 = REQUIRED STALLS) PARKING PROVIDED ADA REQUIRED ADA PROVIDED 856,427 SF 19.62 AC (100) 599,499 SF 13.76 AC (70%) 160,993 SF 3.69 AC (19%) 50 FEET 30 FEET 30 FEET 50 FEET 20 FEET 20 FEET BP - BUSINESS PARK BP - BUSINESS PARK 500/4 = 125 STALLS 227 STALLS 7 STALLS 7 STALLS PAVEMENT BY OTHERS (SEE ARCHITECTURAL PLANS) PROPOSED POND WETLAND SUMMARY EAST WETLAND - MANAGE 2 AVERAGE BUFFER REQUIRED (30') AVERAGE BUFFER PROVIDED WEST WETLAND - MANAGE 1 AVERAGE BUFFER REQUIRED (25') AVERAGE BUFFER PROVIDED AREA OF WETLAND IMPACTED 52,620 SF 53,535 SF 15,084 SF 15,095 SF 846 SF PROPOSED WETLAND BUFFER WETLAND IMPACT AREA 1 0 0 5 1 0 0 4 1 0 0 6 1 0 0 7 1 0 0 8 992991 990 989 988 1 0 0 7 1 0 0 5 10 0 2 10 0 0 9 9 5 9 9 2 99 0 9 9 7 988 989 988 990 99 1 99 3 99 5 99 8 9 9 0 9 9 2 9 9 4 9 9 6 99 9 100 4 10 0 1 9 9 9 1 0 0 1 1 0 0 0 9 9 8 9 9 7 9 9 7 9 9 8 99 6 995 996 994 1000 1002 998 99 5 998 996 1003 1 0 0 3 10 0 3 1 0 0 5 1 0 0 6 1 0 0 4 1 0 0 3 1 0 0 3 1 0 0 4 1002 10 0 2 1002 1000 1002 998 1 0 0 1 1 0 0 2 1 0 0 0 10 0 0 10 0 1 10 0 4 100 3 1000 995 997 999 1002 998 997 996 99 4 9 9 2 1004 1003 1002 1000 998 996 9 9 8 1 0 0 0 10 0 2 10 0 4 1 0 0 7 1 0 0 8 1 0 1 0 1000 1001 10021003 1004 H A M E L R O A D PROPOSED BUILDING GROUND FLOOR: 43,780 SF SECOND FLOOR: 2,200 SF TOTAL: 45,980 SF FFE=1000.00 1000 9 9 9 100110021003 9 9 5 995 9 9 5 998 999 995 10 0 0 999 1 0 0 1 10 0 2 10 0 3 1 0 0 4 1 0 0 4 -2.9 % -1.9% -2 5 . 5 % -2 . 3 % - 2 . 2 % -2 . 6 % -2 . 6 % 996.71 997.15 996.74 T/W: 990.46 B/W: 998.13 T/W: 998.49 B/W: 992.07 2F - EAST POND HWL100: 995.68 WQE : 994.50 BOT: 993.00 999.36 EOF 1001.30 1000.87 1000.71 E O F 99 5 995 EO F NO PARKING NO PARKING NO PARKING NO PARKING 995 995 996 998.53 998.65 998.50 998.50 997.93 997.76 997.59 T/W: 998.82 B/W: 991.29 998.02 998.74 EOF 1000 9989 9 9 998.64 EO F -2.0% 999.00 998.74 1 0 0 0 9 9 9 10 0 1 10 0 2 10 0 3 10 0 4 100010011002100310001001 10 0 0 99899 9 10 0 1 1 0 0 2 E O F 1 0 0 1 E O F 1 0 0 2 . 2 1004.50 1003.75 1003.78 1000.20 1000.34 999.90 999.98999.23 999.07 999.88 1000.41 997.11997.39 999.78 999.90 997.22 999.68 999.67 997.81 1000.04 999.07 998.59 998.06 999.62 996.95997.43997.95 998.14998.59 -2.0% 998.60 998.79998.91 1000.00-1 . 4 % -9 . 2 % 1000.00 999.43 999.35 999.33 999.01 1000.001000.00 999.29 999.09 998.52 998.30 -7 . 6 % 1000.00 1000.00 998.09 1000.00 998.25 1000.00 998.25999.25 999.25 9 9 5 1 0 0 0 9 9 4 9 9 6 9 9 7 9 9 8 9 9 9 1 0 0 1 1 0 0 2 1 0 0 2 1 0 0 3 1 0 0 3 1 0 0 2 1 0 0 0 999.96 999.41 9 9 3 9 9 3 9 9 7 99 3 993 99 7 997.00 998.50 998.50 997.00 997.25 997.25 998.50 998.50 997.34 998.74 998.85 998.65 997.18 EOF 997.19 3F - WEST POND HWL100: 996.75 WQE: 996.50 BOT: 995.00 EO F 10 0 3 . 5 0 998.00 996.50 997.25 997.25996.50 1004.54 1002.99 1003.27 1002.62 1003.07 1002.42 1002.79 1003.71 1001.97 1001.20 1002.45 1002.65 1001.40 1002.17 1003.91 1F - NORTH POND HWL100: 996.48 WQE: 994.50 BOT: 993.00 SEE MNDOT DETAIL 3113D ON SHEET C9.02 FOR RIP RAP QUANTITY (TYP) SCALE IN FEET 0 12060 NORTH Sep 28, 2021 - 5:08pm - User:mlarson L:\PROJECTS\50157\CAD\Civil\Sheets\50157-C4-GRADE.dwg C4.01 GRADING PLAN Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client BAPS MINNEAPOLIS LLC 2300 FREEWAY BLVD BROOKLYN CENTER, MN 55430 BAPS HINDU TEMPLE MEDINA, MN 1400 HAMEL ROAD MLL JMW PSM PRELIMINARY 08/12/2021 50157 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 08/12/202153735 Pete S. Moreau NOT F O R C O N S T R U C T I O N 8/19/21 MLL SITE PLAN REVIEW 9/1/21 MLL CITY COMMENT RESPONSE 9/28/21 MLL CITY/ECWMC COMMENT RESPONSE 902.5 X 902 SPOT ELEVATION CONTOUR RIP RAP OVERFLOW ELEV. CURB & GUTTER BUILDING RETAINING WALL PROPERTY LIMIT EXISTINGPROPOSED LEGEND WETLAND LIMITS TREELINE STORM SEWER SOIL BORINGS DRAINTILE EOF 902.5 D THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL D. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. 2% MINIMUM SLOPE ON VEGETATED SWALES (TYPICAL) H A M E L R O A D PROPOSED BUILDING GROUND FLOOR: 43,780 SF SECOND FLOOR: 2,200 SF TOTAL: 45,980 SF FFE=1000.00 2F - EAST POND HWL100: 995.68 WQE : 994.50 BOT: 993.00 NO PARKING NO PARKING NO PARKING NO PARKING 1 0 ' T R A I L A N D D & U E A S E M E N T 20 ' D & U E A S E M E N T 20' D&U EASEMENT 3F - WEST POND HWL100: 996.75 WQE: 996.50 BOT: 995.00 1F - NORTH POND HWL100: 996.48 WQE: 994.50 BOT: 993.00 HYDRANT 6" GATE VALVE 8" x 6" TEE 4" DOMESTIC WATER SERICE CONNECT TO EXISTING 8" PVC C900 6" P V C C 9 0 0 HYDRANT 6" GATE VALVE 6" TEE CONNECT TO EXISTING 8" PVC C900 GREASE INTERCEPTOR INLET IE=990.80 OUTLET IE=990.55 MH 01 RE=1006.77 IE=988.19 S IE=988.19 E IE=988.09 W 163 LF -8" SDR 35 @ 0.40% 8" SANITARY SEWER SERVICE IE=991.54 N 4" SANITARY SEWER SERVICE IE=991.58 4" PVC C900 RELOCATE EXISTING HYDRANT 39 LF -4" PVC SCH 40 @ 2.00% 8"x4" WYE 8" SANITARY STUB CONNECT TO EXISTING MANHOLE IE=987.44 CONTRACTOR TO INSTALL NEW INFI-SHIELD 250' HYDRANT INFLUENCE RADIUS (TYP) 8" PVC C 9 0 0 STUB FOR FUTURE DEVELOPMENT 6" PVC C900 6" FIRE SERVICE 4" CURB STOP 6" GATE VALVE FIRE DEPARTMENT CONNECTION CONNECT TO EXISTING 8" PVC C900 TEMPORARY HYDRANT FOR FLUSHING 167 LF -8" PVC SCH 40 @ 2.00% 8" GATE VALVE COORDINATE OFFSITE IMPROVEMENTS WITH ADJACENT OWNER PIV 1 2 3 4 5 99 LF -4" SDR 35 @ 2.00% CLEANOUT RE=1002.09 IE=988.56 S IE=988.56 N SEE CROSSING TABLE ON SHEET C6.02 6 8" P V C C 9 0 0 10' 12 ' SCALE IN FEET 0 12060 NORTH Sep 28, 2021 - 5:09pm - User:mlarson L:\PROJECTS\50157\CAD\Civil\Sheets\50157-C6-UTIL.dwg C6.01 UTILITY PLAN Project Location Date Submittal / RevisionNo. Certification Sheet Title Summary Revision History Sheet No.Revision Project No. By Designed:Drawn: Approved:Book / Page: Phase:Initial Issue: Client BAPS MINNEAPOLIS LLC 2300 FREEWAY BLVD BROOKLYN CENTER, MN 55430 BAPS HINDU TEMPLE MEDINA, MN 1400 HAMEL ROAD MLL JMW PSM PRELIMINARY 08/12/2021 50157 Registration No.Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional ENGINEER under the laws of the state of Minnesota. If applicable, contact us for a wet signed copy of this plan which is available upon request at Sambatek's, Minnetonka, MN office. 08/12/202153735 Pete S. Moreau NOT F O R C O N S T R U C T I O N 8/19/21 MLL SITE PLAN REVIEW 9/1/21 MLL CITY COMMENT RESPONSE 9/28/21 MLL CITY/ECWMC COMMENT RESPONSE 1.THE UTILITY IMPROVEMENTS FOR THIS PROJECT SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE "STANDARD UTILITIES SPECIFICATIONS" AS PUBLISHED BY THE CITY ENGINEERS ASSOCIATION OF MINNESOTA (CEAM), EXCEPT AS MODIFIED HEREIN. CONTRACTOR SHALL OBTAIN A COPY OF THESE SPECIFICATIONS. a.ALL UTILITIES SHALL BE CONSTRUCTED IN ACCORDANCE WITH ALL LOCAL, STATE AND FEDERAL REQUIRMENTS, INCLUDING BUT NOT LIMITED TO CITY, DEPARTMENT OF LABOR AND INDUSTRY AND MINNESOTA DEPARTMENT OF HEALTH REQUIREMENTS. b.CONTRACTOR SHALL NOT OPEN, TURN OFF, INTERFERE WITH, OR ATTACH ANY PIPE OR HOSE TO OR TAP WATERMAIN BELONGING TO THE CITY UNLESS DULY AUTHORIZED TO DO SO BY THE CITY. ANY ADVERSE CONSEQUENCES OF ANY SCHEDULED OR UNSCHEDULED DISRUPTIONS OF SERVICE TO THE PUBLIC ARE THE LIABILITY OF CONTRACTOR. c.A MINIMUM VERTICAL SEPARATION OF 18 INCHES, AND HORIZONTAL SEPARATION OF 10-FEET, BETWEEN OUTSIDE PIPE AND/OR STRUCTURE WALLS, IS REQUIRED AT ALL WATERMAIN AND SEWER MAIN (BUILDING, STORM AND SANITARY) CROSSINGS. 2.ALL MATERIALS SHALL BE AS SPECIFIED IN CEAM SPECIFICATIONS EXCEPT AS MODIFIED HEREIN. a.ALL MATERIALS SHALL COMPLY WITH THE REQUIREMENTS OF THE CITY. b.ALL SANITARY SEWER TO BE PVC SDR-35, UNLESS NOTED OTHERWISE. i. ALL SANITARY SEWER SERVICES TO BUILDING SHALL BE PVC SCH 40 CONFORMING TO ASTM D2665. ii. ALL SANITARY SEWER REQUIRE A "FLEX SEAL" OR APPROVED EQUAL AS SEALANT FOR INTERIOR CHIMNEY SECTION. c.ALL WATERMAIN TO BE DUCTILE IRON - CLASS 52, UNLESS NOTED OTHERWISE. i. ALL WATERMAIN TO HAVE 7.5-FEET OF COVER OVER TOP OF WATERMAIN. ii. PROVIDE THRUST BLOCKING AND MECHANICAL JOINT RESTRAINTS ON ALL WATERMAIN JOINTS PER CITY STANDARDS. d.ALL STORM SEWER PIPE TO BE SMOOTH INTERIOR DUAL WALL HDPE PIPE WITH WATERTIGHT GASKETS, UNLESS NOTED OTHERWISE. i. ALL STORM SEWER PIPE FOR ROOF DRAIN SERVICES TO BUILDING SHALL BE PVC SCH 40 CONFORMING TO ASTM D2665. e.RIP RAP SHALL BE Mn/DOT CLASS 3. 3.COORDINATE ALL BUILDING SERVICE CONNECTION LOCATIONS AND INVERT ELEVATIONS WITH MECHANICAL CONTRACTOR PRIOR TO CONSTRUCTION. 4.ALL BUILDING SERVICE CONNECTIONS (STORM, SANITARY, WATER) WITH FIVE FEET OR LESS COVER ARE TO BE INSULATED FROM BUILDING TO POINT WHERE 5-FEET OF COVER IS ACHIEVED. 5.CONTRACTOR SHALL TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO ADJACENT PROPERTIES DURING THE CONSTRUCTION PHASES OF THIS PROJECT. CONTRACTOR WILL BE HELD SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE ADJACENT PROPERTIES OCCURRING DURING THE CONSTRUCTION PHASES OF THIS PROJECT. 6.SAFETY NOTICE TO CONTRACTORS: IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONTRACTOR WILL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS ON THE JOB SITE, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY DURING PERFORMANCE OF THE WORK. THIS REQUIREMENT WILL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS. THE DUTY OF THE ENGINEER OR THE DEVELOPER TO CONDUCT CONSTRUCTION REVIEW OF CONTRACTOR'S PERFORMANCE IS NOT INTENDED TO INCLUDE REVIEW OF THE ADEQUACY OF CONTRACTOR'S SAFETY MEASURES IN, ON OR NEAR THE CONSTRUCTION SITE. 7.ALL AREAS OUTSIDE THE PROPERTY BOUNDARIES THAT ARE DISTURBED BY UTILITY CONSTRUCTION SHALL BE RESTORED IN KIND. SODDED AREAS SHALL BE RESTORED WITH 6 INCHES OF TOPSOIL PLACED BENEATH THE SOD. 8.CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFIC CONTROL DEVICES SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGMEN AND LIGHTS TO CONTROL THE MOVEMENT OF TRAFFIC WHERE NECESSARY. TRAFFIC CONTROL DEVICES SHALL CONFORM TO APPROPRIATE MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARDS. 9.ALL SOILS TESTING SHALL BE COMPLETED BY AN INDEPENDENT SOILS ENGINEER. EXCAVATION FOR THE PURPOSE OF REMOVING UNSTABLE OR UNSUITABLE SOILS SHALL BE COMPLETED AS REQUIRED BY THE SOILS ENGINEER. THE UTILITY BACKFILL CONSTRUCTION SHALL COMPLY WITH THE REQUIREMENTS OF THE SOILS ENGINEER. CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING ALL REQUIRED SOILS TESTS AND SOIL INSPECTIONS WITH THE SOILS ENGINEER. A GEOTECHNICAL ENGINEERING REPORT HAS BEEN COMPLETED BY:COMPANY: ADDRESS: PHONE: DATED: CONTRACTOR SHALL OBTAIN A COPY OF THIS SOILS REPORT. 10.CONTRACTOR SHALL SUBMIT 2 COPIES OF SHOP DRAWINGS FOR MANHOLE AND CATCH BASIN STRUCTURES TO SAMBATEK. CONTRACTOR SHALL ALLOW 5 WORKING DAYS FOR SHOP DRAWING REVIEW. 11.CONTRACTOR AND MATERIAL SUPPLIER SHALL DETERMINE THE MINIMUM DIAMETER REQUIRED FOR EACH STORM SEWER STRUCTURE. 12.WHERE WATERMAIN CROSSES ANY STORM OR SANITARY SEWER, MAINTAIN 18-INCH SEPARATION AND ADD 4" RIGID INSULATION TO WATERMAIN. 13.THE CITY WILL NOT BE RESPONSIBLE FOR ANY ADDITIONAL COSTS INCURRED WITH VARIATIONS IN THE UTILITY ASBUILD PLANS, ELEVATIONS, OR LOCATIONS. 14.THE CITY WILL REQUIRE TELEVISING FOR SANITARY PIPE SEWER INSTALLATION PRIOR TO ACCEPTING A WARRANTY FOR UTILITY SYSTEMS. PROVIDE AND REPORT VIDEO FILES TO THE CITY FOR REVIEW. TELEPHONE ELECTRIC GAS LINE FORCEMAIN (SAN.) EASEMENT WATERMAIN SANITARY SEWER EXISTINGPROPOSED STORM SEWER CURB & GUTTER DRAINTILE D S S SLS LEGENDUTILITY CONSTRUCTION NOTES THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL D. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. FOXHOLE RAIN GUARDIAN H A M E L R O A D PROPOSED BUILDING GROUND FLOOR: 43,780 SF SECOND FLOOR: 2,200 SF TOTAL: 45,980 SF FFE=1000.00 2F - EAST POND HWL100: 995.68 WQE : 994.50 BOT: 993.00 NO PARKING NO PARKING NO PARKING NO PARKING 1 0 ' T R A I L A N D D & U E A S E M E N T 20 ' D & U E A S E M E N T 20' D&U EASEMENT 3F - WEST POND HWL100: 996.75 WQE: 996.50 BOT: 995.00 1F - NORTH POND HWL100: 996.48 WQE: 994.50 BOT: 993.00 1 0 0 5 1 0 0 4 1 0 0 6 1 0 0 7 1 0 0 8 992991 990 989 988 1 0 0 7 1 0 0 5 10 0 2 10 0 0 9 9 5 9 9 2 99 0 9 9 7 988 989 988 990 99 1 99 3 99 5 99 8 9 9 0 9 9 2 9 9 4 9 9 6 99 9 100 4 10 0 1 9 9 9 1 0 0 1 1 0 0 0 9 9 8 9 9 7 9 9 7 9 9 8 99 6 995 996 994 1000 1002 998 99 5 998 996 1003 1 0 0 3 10 0 3 1 0 0 5 1 0 0 6 1 0 0 4 1 0 0 3 1 0 0 3 1 0 0 4 1002 10 0 2 1002 1000 1002 998 1 0 0 1 1 0 0 2 1 0 0 0 10 0 0 10 0 1 10 0 4 100 3 1000 995 997 999 1002 998 997 996 99 4 9 9 2 1004 1003 1002 1000 998 996 9 9 8 1 0 0 0 10 0 2 10 0 4 1 0 0 7 1 0 0 8 1 0 1 0 1000 1001 10021003 1004 WHITE DECORATIVE ROCK BL 3 PF 3 HT 3 3 HT1 PF 3 JL2 PF SG 2 HT 3 3 JL 2 SO 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 Da t e : 9 / 1 0 / 2 0 2 1 Sc a l e : A S N O T E D Revisions # D a t e C o m m e n t s GENERAL NOTES: A. PULSE PRODUCTS DOES NOT ASSUME RESPONSIBILITY FOR THE INTERPRETATION OF THIS CALCULATION OR COMPLAINCE TO THE LOCAL, STATE, OR FEDERAL LIGHTNG CODES OR ORDINANCES. B. LIGHTING LAYOUT IS NOT INTENDED FOR CONSTRUCTION DOCUMENTS BUT ONLY TO ILLUSTRATE THE PERFORMANCE OF THE PRODUCT. C. ALL READINGS/CALCULATIONS SHOWN ARE SHOWN ON OBJECTS/SURFACES.ME D I N A , M N Ch e c k e d B y : J I L L Dr a w n B y : S A N D Y A N D E R S O N , L C BA P S H I N D U T E M P L E Luminaire Schedule Symbol Qty Label Arrangement LLF Calculation Summary Description Arr. Watts Lum. Lumens Label CalcType Units Avg Max Min Avg/Min Max/Min EAST PROPERTY LINE 2 AA4 Single 0.900 GARDCO ECF-S-32L-1A-NW-G2-4 MOUNT ON 20FT POLE WITH 2FTBASE 105.6 14006 Illuminance Fc 0.01 0.1 7 AA2 Single 0.900 GARDCO ECF-S-32L-1A-NW-G2-2 MOUNT ON 20FT POLE WITH 2FT BASE 105.6 0.0 N.A.N.A. NORTH PORERTY LINE Illuminance Fc 0.00 0.0 0.0 13685 N.A.N.A. SITE GROUND Illuminance Fc 0.63 6.9 0.0 N.A.N.A. SOUTH PROPERTY LINE Illuminance Fc 0.07 0.2 0.0 N.A.N.A. WEST PROPERTY LINE Illuminance Fc 0.09 0.2 6 AA52 Back-Back 0.900 GARDCO ECF-S-32L-1A-NW-G2-5W MOUNT ON 20FT POLE WITH 2FT BASE 211.2 13923 0.0 N.A.N.A. EAST PARKING Illuminance Fc 1.63 2.8 0.8 2.04 3.50 NORTH PARKING Illuminance Fc 1.43 1.9 1.2 1.19 1.58 WEST PARKING Illuminance Fc 1.65 6.2 0.7 2.36 8.86 Plan View Scale: 1 inch= 60 Ft. C O FFE=1002.00 NO PARKING NO PARKING NO PARKING NO PARKING H A M E L R O A D LORAM A D D I T I O N CIC 2067 C A P I T A LK N O L L H A M E L R O A D H C S A H 1 1 5 , P L A T 8 4 ( O L D C O R D N O 9 ) CO CO CO CO CO CO CO CO CO CO CO CO CO CO AA2 AA52AA52AA52 AA52 AA52 AA52 AA2 AA4 AA4 AA2 AA2 AA2 AA2 AA2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 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0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1 fc 1 fc 1 fc 1 fc 0.5 fc 0.5 fc 0.5 fc 0.5 fc 0.25 fc 0.25 fc 0.25 fc 0.25 fc TYPE AA UP 33 A A 55 44 66 22 11 B B C C D D E E G G F F 4581 SF PRAYER HALL 201 5042 SF GYM / DINNING 226 1188 SF STORAGE 224 672 SF KITCHEN 222 332 SF WALK IN- COOLER 225 974 SF BOOK STORE 221 190 SF STORAGE 203 445 SF STORAGE 205 1332 SF STAGE 209 1670 SF ADDITIONAL SEATING 211 13 ' - 3 3 / 4 " 10 ' - 8 " 50 ' - 8 " 10 ' - 6 1 / 2 " 21 ' - 9 1 / 2 " 12 ' - 8 " 36 ' - 1 0 1 / 4 " 13 ' - 3 3 / 4 " 10 ' - 8 " 83 ' - 0 1 / 4 " 12 ' - 8 " 36 ' - 1 0 1 / 4 " 1006 SF VISTING PRIEST RES. 207 1034 SF PRIEST RES. 206 277 SF RESTROOMS 223155 SF OFFICE 202 128 SF CRY ROOM 212 108 SF OFFICE 214 128 SF CRY ROOM 213 108 SF OFFICE 215 24' - 4"59' - 8 3/4"61' - 0"12' - 0"71' - 4 1/4"12' - 0"65' - 11 1/4"10' - 8" 317' - 0 1/4" DROP-OFF 15 6 ' - 6 1 / 4 " 15 6 ' - 6 1 / 4 " WALKWAY I I H H 277 SF RESTROOMS 228 96 SF DONATION 229 96 SF INFO DESK 230 151 SF PANTRY 235 565 SF CLASSROOM 236416 SF CLASSROOM 237 578 SF CLASSROOM 239 1264 SF CORRIDOR 240 321 SF CLASSROOM 241 336 SF CLASSROOM 242 336 SF CLASSROOM 243 330 SF CLASSROOM 244 325 SF CLASSROOM 246 340 SF CLASSROOM 247 340 SF CLASSROOM 248 334 SF CLASSROOM 249 596 SF CLASSROOM 250 96 SF OFFICE 251 138 SF STORAGE 254 71 SF STORAGE 255 97 SF OFFICE 256 97 SF AV / IT 257 3334 SF ASSEMBLY HALL 262 297 SF STORAGE 263 603 SF ADMIN MEETING 264 102 SF RESTRM 270 648 SF CORRIDOR 271 102 SF RESTRM 272 646 SF CORRIDOR 273 259 SF GREEN RM 276 169 SF STORAGE 278125 SF GREEN RM 279 133 SF GREEN RM 280 97 SF STORAGE 281 1601 SF LOBBY 282 1822 SF CORRIDOR 283 564 SF CLASSROOM 285 547 SF CLASSROOM 286 1861 SF CORRIDOR 294 MENS RESTROOM 295 SHOES 296 SHOES 297 WOMENS RESTROOM 298 JJ KK WALKWAY WALKWAY WALKWAY SCALE DATE DRAWN PROJECT NO BH A R A T R P A T E L , A R C H I T E C T , I N C . 50 5 7 N O R T H E R N L I G H T S D R , G R E E N A C R E S , F L - 3 3 4 6 3 (P ) : 5 6 1 - 4 2 4 - 9 5 4 0 ( F ) : 5 6 1 - 3 2 7 - 2 3 7 6 ww w . b r p a r c h . c o m FL O R I D A R E G I S T E R E D F I R M , L I C . N O A A 2 6 0 0 1 9 2 3 BRP AS-SHOWN 8/ 2 0 / 2 0 2 1 1 1 : 4 9 : 1 2 A M PR O P O S E D P L A C E O F W O R S H I P 14 0 0 H A M E L R O A D ( K E S 2 0 2 0 -15 5 ) ME D I N A , M I N N E S O T A GR O U N D F L O O R P L A N A-201 08.20.2021 BA P S M I N N E A P O L I S DE S I G N D E V E L O P M E N T 2021-13 1/16" = 1'-0"1 PROPOSED GROUND FLOOR PLAN PROPOSED FLOOR AREA : GROUND FLOOR : 43780 SQ.FT SECOND FLOOR : 2200 SQ.FT. TOTAL FLOOR AREA : 45980 SQ.FT. PRAYER HALL : 6600 SQ.FT. PREIST RESIDENCE : 4440 SQ.FT. ASSEMBLY HALL : 8560 SQ.FT. GYM/ DININIG HALL : 5042 SQ.FT. KITCHEN : 1200 SQ.FT. CLASSROOMS : 8580 SQ.FT. LOBBY SERVICES & 11558 SQ.FT CIRCULATION : TOTAL : 45980 SQ.FT. FLOOR AREA CALCULATIONS PROPOSED OCCUPANTS SEATING : 480 STAFF AND VOLUNTERS : 20 TOTAL OCCUPANTS : 500 SECTION 828.151 OFF STREET PARKING STANDARDS : PARKING REQUIRED : 500 seats/4 125 PARKING PROVIDED : 250 PARKING CALCULATIONS PROJECT DATA : WATER : 75 GPM WASTE WATER : 10,720 GPD ESTIMATED WATER AND SEWER USAGE : Revisions Rev# Rev Date Description UP 21 B C 65 ' - 1 1 1 / 4 " 36' - 10 1/4" VISTING PRIEST RES. 207 PRIEST RES. 206 SCALE DATE DRAWN PROJECT NO BH A R A T R P A T E L , A R C H I T E C T , I N C . 50 5 7 N O R T H E R N L I G H T S D R , G R E E N A C R E S , F L - 3 3 4 6 3 (P ) : 5 6 1 - 4 2 4 - 9 5 4 0 ( F ) : 5 6 1 - 3 2 7 - 2 3 7 6 ww w . b r p a r c h . c o m FL O R I D A R E G I S T E R E D F I R M , L I C . N O A A 2 6 0 0 1 9 2 3 BRP AS-SHOWN 8/ 2 0 / 2 0 2 1 1 1 : 4 9 : 1 2 A M PR O P O S E D P L A C E O F W O R S H I P 14 0 0 H A M E L R O A D ( K E S 2 0 2 0 -15 5 ) ME D I N A , M I N N E S O T A SE C O N D F L O O R P L A N A-202 08.20.2021 BA P S M I N N E A P O L I S DE S I G N D E V E L O P M E N T 2021-13 Revisions Rev# Rev Date Description 1/8" = 1'-0"1 SECOND FLOOR PLAN-PRIEST RESIDENCE CHAIN -LINK GATE SYSTEM, BLACK VINYL COVERED, WITH VINYL SLATS, 1/4" THK., INDUSTRIAL STYLE, MIN. 25 YR. WARRANTY TYPE, TYP. (6" GALV. STL. GATE POST, CONC. -FILLED, SET IN PIER BELOW SLAB, TYP.) GATE SWING TO 105 DEG. IN THE OPEN POSITION SLOPED SLAB AT 1/8"/FOOT MIN. THE OUTSIDE EDGE OF THE SLAB MUST BE MAINTAINED LEVEL FOR MIN. OF 8" AS SHOWN 8" THICK CONC. SLAB W/ 18" THICKENED SLAB EDGE AT PERIMETER W/ (2) #5 RODS CONT., PROVIDE SEALER (1) YARD ROLL-OUT DUMPSTERS PROVIDED BY OWNER - RECYCLING CONTRACTED DIRECT BY OWNER 6" DIA. CONC. FILLED PIPE BOLLARDS 4'-0" HT. W/ MIN. 3'-6" BELOW GRADE SET IN CONC. MIN. 18" - SEE DETAIL TYP. BOLLARD DET. A-203 2 A-2033A-203 4 0' - 8 1 / 4 " 12 ' - 0 " 0' - 8 1 / 4 " GROUND FLOOR PLAN 12' -0" 7' - 4 " STUCCO PAINTED MATCHED BUILDING COLOURED GROUND FLOOR PLAN 12' -0" 7' - 4 " STUCCO PAINTED MATCHED BUILDING COLOURED GROUND FLOOR PLAN 12' -0" STUCCO PAINTED MATCHED BUILDING COLOURED 7' - 4 " SCALE DATE DRAW N PROJECT NO BH A R A T R P A T E L , A R C H I T E C T , IN C . 50 5 7 N O R T H E R N L I G H T S D R , G R E E N A C R E S , F L - 3 3 4 6 3 (P ) : 5 6 1 - 4 2 4 - 9 5 4 0 ( F ) : 5 6 1 - 3 2 7 - 2 3 7 6 ww w . b r p a r c h . c o m FL O R I D A R E G I S T E R E D F I R M , L I C . N O A A 2 6 0 0 1 9 2 3 BRP AS- SHOWN 01 - 0 9 - 2 0 2 1 0 8 : 3 1 : 4 8 PR O P O S E D P L A C E O F W O R S H I P 14 0 0 H A M E L R O A D ( K E S 2 0 2 0 -15 5 ) ME D I N A , M I N N E S O T A SI T E D E T A I L S A-203 07.31.2021 BA P S M I N N E A P O L I S DE S I G N D E V E L O P M E N T 2021-13 Revisions Rev# Rev Date Description 1/4" = 1'-0"1 ENLARGED DUMPSTER 1/4" = 1'-0"2 DUMPSTER ELE. -SIDE 1/4" = 1'-0"3 DUMPSTER ELE. -BACK 1/4" = 1'-0"4 DUMPSTER ELE. FRONT T.O. ASSEMBLY BLDG 34' -0" GROUND FLOOR PLAN 0' -0" 3 54 621 RES. 2ND FLR 12' -0" T.O. PARAPET 38' -0" 4' - 0 " 34 ' - 0 " J K 3 4 5 FLOOR PLAN 0' -0" T.O. ASSEMBLY BLDG 34' -0" GROUND FLOOR PLAN 0' -0" A B C D E GF T.O. PARAPET 38' -0" IH 38 ' - 0 " 34 ' - 0 " 4' - 0 " 6 7 6 3 5 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 27 - 1 0 - 2 0 2 1 1 8 : 4 3 : 5 7 PR O P O S E D P L A C E O F W O R S H I P 14 0 0 H A M E L R O A D ( K E S 2 0 2 0 -15 5 ) ME D I N A , M I N N E S O T A EL E V A T I O N S A-301 07.31.2021 BA P S M I N N E A P O L I S DE S I G N D E V E L O P M E N T 2021-13 1/16" = 1'-0"1 SOUTH ELEVATION 1/16" = 1'-0"3 EAST ELEVATION 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 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 27 - 1 0 - 2 0 2 1 1 8 : 4 4 : 0 2 PR O P O S E D P L A C E O F W O R S H I P 14 0 0 H A M E L R O A D ( K E S 2 0 2 0 -15 5 ) ME D I N A , M I N N E S O T A EL E V A T I O N S A-302 07.31.2021 BA P S M I N N E A P O L I S DE S I G N D E V E L O P M E N T 2021-13 1/16" = 1'-0"1 NORTH ELEVATION 1/16" = 1'-0"2 WEST ELEVATION MATERIAL LEGEND KEY VALUE DESCRIPTION 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