HomeMy Public PortalAbout02.15.2022 City Council Meeting Packet Posted 2/11/2022 Page 1 of 1
AGENDA FOR THE REGULAR MEETING
OF THE MEDINA CITY COUNCIL
Tuesday, February 15, 2022
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 February 2, 2022 Regular Council Meeting
V. CONSENT AGENDA
A. Approve Police Department Animal Impound Agreements
B. Approve Purchase Agreement for 2120 Chippewa Road
C. Approve Resolution Accepting Park Bench Donation from Duane and Jan Hendrickson
D. Approve Brush Grinding Agreement with Minnesota Topsoil
E. Approve Hunter Park Court Surface Color Installation Agreement
F. Approve Hunter Park Fence Installation Agreement
G. Approve Hunter Park Asphalt Agreement
VI. COMMENTS
A. From Citizens on Items Not on the Agenda
B. Park Commission
C. Planning Commission
VII. NEW BUSINESS
A. 744 Aster Road Proposed Easement Vacation – Public Hearing
VIII. OLD BUSINESS
A. Ordinance Amendment – Rooftop Elements
1. Resolution Authorizing Publication of Ordinance by Title and Summary
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: +1 612-517-3122
Enter Conference ID: 604 958 064#
MEMORANDUM
TO: Medina Mayor and City Council
FROM: Scott Johnson, City Administrator
DATE OF REPORT: February 10, 2022
DATE OF MEETING: February 15, 2022
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: 604 958 064#
V. CONSENT AGENDA
A. Approve Police Department Animal Impound Agreements – Chief Nelson found a
Kennel in Minnetrista that will be able to assist with stray dogs on a short-term basis.
They have agreed to keep one of their kennels open with a retainer cost of $400/month
for all area agencies. City Attorney Batty has looked at the contract and made changes to
what was proposed, and Oak Ridge Kennels has agreed to the changes. Attached is the
contract for Oak Ridge Kennels. After splitting the costs amongst the other agencies, it
will cost us $1,200 per year. If the dog is not picked up after several days, the solution
for long term care is taking the dog to Monticello who has agreed to house our dogs and
will attempt to adopt them out. Staff recommends approval.
See attached memo and agreements.
B. Approve Purchase Agreement for 2120 Chippewa Road – Staff has concluded
negotiations with the Scherber Family on the sale of their 17.62-acre property per City
Council direction. The sale price is $897,000. The property may be used for park and
other needs for the City of Medina as determined in the future. Staff recommends
approval.
See attached agreement.
C. Approve Resolution Accepting Park Bench Donation from Duane and Jan Hendrickson –
Staff received a $1,500 donation from Mr. and Mrs. Hendrickson for a park bench in
Hamel Legion Park. Staff recommends approval.
See attached memo.
D. Approve Brush Grinding Agreement with Minnesota Topsoil – Public Works Director
Steve Scherer received two quotes for brush grinding services to be performed at City Hall.
He is recommending the low quote for the service. Staff recommends approval.
2
See attached memo and agreement.
E. Approve Hunter Park Court Surface Color – Public Works Director Steve Scherer
received quotes for improvements at Hunter Lions Park. It is the recommendation of
Staff to extend a contract to the lowest bid contractor C & H Sport Surfaces.
See attached agreement.
F. Approve Hunter Park Fence Installation Agreement – Public Works Director Steve
Scherer received quotes for improvements at Hunter Lions Park. It is the
recommendation of Staff to extend a contract to the lowest bid contractor D’Fence.
See attached agreement.
G. Approve Hunter Park Asphalt Agreement – Public Works Director Steve Scherer received
quotes for improvements at Hunter Lions Park. It is the recommendation of Staff to extend
a contract to the lowest bid contractor DMJ Asphalt.
See attached agreement.
VII. NEW BUSINESS
A. 744 Aster Road Proposed Easement Vacation – Public Hearing – Applicant has
requested to vacate the southern two feet of a 20-foot wide drainage and utility easement
running through the rear yard of 744 Aster Road within the Reserve of Medina
neighborhood. The home was constructed close to the easement and the applicant has
proposed that the city vacate two feet of the easement to allow for construction of a more
usable deck. The existing easement would allow for an eight-foot wide deck, but the
applicant was hoping for a wider deck. The proposed vacation would allow for a ten-foot
wide deck.
Potential Action: Move to adopt the resolution vacating a portion of the drainage and
utility easements within 744 Aster Road
VII. OLD BUSINESS
A. Ordinance Amendment – Rooftop Elements – The majority of the council members at the
January 18th City Council Meeting agreed that further regulating height using additional
methods likely would not be necessary. The majority of the council members also agreed
the framework presented by staff and recommended by the Planning Commission would
be suitable. The attached ordinance is intended to be consistent with the direction of City
Council and recommendation of the Planning Commission. Since the ordinance was last
discussed by the City Council, the city attorney has considered questions and comments
made by members of the public and has no concern about the city’s authority to regulate
rooftop elements in the manner provided for in the proposed ordinance. Based on
discussion at the January 18th meeting, staff thought additional visual examples of the
height limitations of architectural elements might be helpful. Staff will review this
information with the City Council at the February 15th Council Meeting.
3
Potential Motions:
1. Move to adopt the ordinance implementing regulations pertaining to height of
rooftop elements [with following changes directed by Council, if any].
2. Move to adopt the resolution authorizing publication by title and summary.
XI. APPROVAL TO PAY BILLS
Recommended Motion: Motion to approve the bills, EFT 006251E-006257E for $46,969.66
and order check numbers 052599-052620 for $114,213.39, and payroll EFT 0511614-0511648
for $57,767.00.
INFORMATION PACKET:
• Planning Department Update
• Police Department Update
• Public Works Department Update
• Claims List
Medina City Council Meeting Minutes
February 2, 2022
1
DRAFT 1
2
MEDINA CITY COUNCIL MEETING MINUTES OF FEBRUARY 2, 2022 3
4
The City Council of Medina, Minnesota met in regular session on February 2, 2022 at 5
7:00 p.m. in the City Hall Chambers. Mayor Martin presided. 6
7
Martin read a statement stating that the meeting is being held in a virtual format due to 8
the ongoing pandemic and provided instructions for public participation. 9
10
I. ROLL CALL 11
12
Members present: Albers, DesLauriers, Martin, and Reid. 13
14
Members absent: Cavanaugh. 15
16
Also present: City Administrator Scott Johnson, City Attorney Ron Batty, Finance 17
Director Erin Barnhart, City Engineer Jim Stremel, City Planning Director Dusty Finke, 18
Public Works Director Steve Scherer, and Chief of Police Jason Nelson. 19
20
II. PLEDGE OF ALLEGIANCE (7:03 p.m.) 21
22
III. ADDITIONS TO THE AGENDA (7:03 p.m.) 23
The agenda was approved as presented. 24
25
IV. APPROVAL OF MINUTES (7:03 p.m.) 26
27
A. Approval of the January 18, 2022 Work Session City Council Meeting 28
Minutes 29
Moved by Martin, seconded by DesLauriers, to approve the January 18, 2022 work 30
session City Council meeting minutes as presented. 31
32
A roll call vote was performed: 33
34
DesLauriers aye 35
Albers aye 36
Cavanaugh absent 37
Reid aye 38
Martin aye 39
40
Motion passed unanimously. 41
42
B. Approval of the January 18, 2022 Regular City Council Meeting Minutes 43
Martin stated that prior to the meeting Johnson distributed suggested changes to the 44
minutes that she submitted for incorporation. 45
46
Moved by Martin, seconded by Albers, to approve the January 18, 2022 regular City 47
Council meeting minutes as amended. 48
49
A roll call vote was performed: 50
51
Medina City Council Meeting Minutes
February 2, 2022
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DesLauriers aye 1
Albers aye 2
Reid aye 3
Martin aye 4
5
Motion passed unanimously. 6
7
V. CONSENT AGENDA (7:05 p.m.) 8
9
A. Approve Hennepin County Lidar Agreement 10
B. Approve 2022 Goals 11
C. Approve Hiring of City Clerk/Assistant to City Administrator 12
D. Authorization to Advertise and Fill the Full-Time PW Maintenance 13
Technician Position 14
Moved by DesLauriers, seconded by Reid, to approve the consent agenda. 15
16
A roll call vote was performed: 17
18
DesLauriers aye 19
Albers aye 20
Reid aye 21
Martin aye 22
23
Motion passed unanimously. 24
25
VI. COMMENTS (7:06 p.m.) 26
27
A. Comments from Citizens on Items not on the Agenda 28
There were none. 29
30
B. Park Commission 31
Scherer reported that the Park Commission met on January 19th and appointed officers 32
for the year and introduced the newest member of the Commission. He noted that one 33
application has been received for the remaining vacant position. He stated that the 34
Commission discussed three potential developments in terms of park dedication. 35
36
C. Planning Commission 37
Finke reported that the Planning Commission will meet the following week to hold a 38
public hearing to consider a request for a Conditional Use Permit to construct an 39
accessory structure at 3003 Hamel Road. 40
41
VII. NEW BUSINESS 42
43
A. Ordinance Amending Chapter 3 of the City Code of Ordinance Pertaining to 44
Third Party Gift Card Procurement (7:09 p.m.) 45
Johnson stated that the Police Department has experienced an increase in fraudulent 46
third-party gift card procurement at establishments in Medina. He stated that law 47
enforcement agencies spend a lot of time investigating these cases, which places a 48
strain on limited resources within the department. Nelson is recommending the 49
proposed ordinance to address this issue. 50
51
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February 2, 2022
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Nelson stated that additional background information was included in the memorandum 1
within the Council packet. He stated that they are attempting to stop the fraudulent third-2
party gift card procurement. He stated that these fraud cases involve multiple victims 3
and a lot of staff resources. He stated that they used the Shakopee ordinance as a 4
model, which was the first ordinance of this nature and was recognized nationally. He 5
noted that since the implementation phase, Shakopee has seen a nearly 100 percent 6
reduction in third party gift card procurement fraud cases. He stated that there were 7
some concerns expressed from the Minnesota Retailers Association and reviewed those 8
comments. He explained that as proposed in the ordinance, identification would be 9
required to be shown in order to purchase a third-party gift card. He noted that a third-10
party gift card also could not be purchased at a self-checkout. He stated that he has 11
spoken with neighboring communities to advise them of the potential action of the 12
Council tonight. 13
14
Martin commented that the Council previously discussed this matter and there was 15
additional study of other communities. She stated that information was distributed from 16
the Minnesota Retailers Association (MRA) and invited that representative to speak. 17
18
Bruce Nustad, MRA, appreciated the opportunity to address the Council and also 19
appreciated the opportunity to discuss his concerns with Nelson and Albers. He 20
understands the desire of the community to reduce fraud cases. He stated that they are 21
concerned with the unintended impact to consumers. He commented that this ordinance 22
could impact the consumer and retailer rather than the criminal. He stated that the 23
possibility that a store clerk could be punished with a misdemeanor would have an 24
impact on retailers. He noted that some stores in Shakopee have pulled the third-party 25
gift cards to avoid a situation in which a young clerk could be punished. He noted that 26
there is also a conflict in asking for identification when selling a Visa or Mastercard gift 27
card as the retailer is not allowed to require identification for purchase, therefore the 28
cards will need to be pulled from the store. He stated that there concern with the 29
definition of identification did not include all valid forms including tribal identification. He 30
asked that the City take a pause and determine if they could collaboratively work with 31
retailers. 32
33
DesLauriers asked if Nelson has spoken with Target and whether the clause with Visa 34
and Mastercard could create a conflict. 35
36
Nelson replied that he did speak with representatives from Target and did not find out 37
about the conflict until he reached the corporate level. He stated that their solution 38
would be to pull those gift cards from the store rather than comply with the ordinance. 39
40
DesLauriers asked if there was ever a cashier working in conjunction with a thief in the 41
cases they have investigated. 42
43
Nelson replied that Shakopee had two incidents where there were reports of violation of 44
the ordinance and in one of those cases there was potential involvement from cashier. 45
He commented that they have not seen that type of involvement in Medina. 46
47
DesLauriers commented that he believes that the residents of Medina would appreciate 48
this ordinance as it will help to keep criminals out of Medina. 49
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February 2, 2022
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Albers commented that he spoke with Nustad to listen to his concerns. He stated that 1
he comes from a payments background, and this is a problem that all the card issuer 2
networks have to deal with. He stated that if the problem only exists with the high value 3
third party gift cards and does not impact the lower value gift cards for restaurants and 4
other venues, he believes the Council could be confident in reducing the fraud risk to 5
those that have had their cards stolen. 6
7
Martin agreed with DesLauriers and Albers and appreciated the input of Nustad and his 8
association. She also commended Nelson for all the work he has put into fraud 9
investigation, and this proposed means to address it. 10
11
Moved by Albers, seconded by Reid, to Adopt an Ordinance Amending Chapter 3 of the 12
City Code of Ordinance Pertaining to Third Party Gift Card Procurement. 13
14
A roll call vote was performed: 15
16
DesLauriers aye 17
Albers aye 18
Reid aye 19
Martin aye 20
21
Motion passed unanimously. 22
23
1. Resolution Authorizing Publication of Ordinance by Title and 24
Summary 25
Moved by Albers, seconded by Martin, to Adopt the Resolution Authorizing Publication 26
by Title and Summary. 27
28
A roll call vote was performed: 29
30
Reid aye 31
Albers aye 32
DesLauriers aye 33
Martin aye 34
35
Motion passed unanimously. 36
37
B. Loram and Scannell Medina Industrial – Environmental Assessment 38
Worksheet (EAW) – Proposed Commercial/Industrial Development (7:26 39
p.m.) 40
Johnson stated that Scannell and Loram submitted an EAW for potential development of 41
450,000 square feet of warehouse, office, light industrial development which would be 42
located on approximately 25 acres. He stated that for a community of Medina’s size, 43
any development of this type over 300,000 square feet requires an EAW. 44
45
Finke stated that the formal applications for development have not yet been submitted. 46
He stated that the subject site is guided for business development. He stated that the 47
purpose of the EAW is to inform the subsequent planning process and determine if 48
further environmental study is needed in the form of an EIS. He stated that some 49
conceptual renderings of one of the buildings was received today, again noting that the 50
development is not being reviewed at this time. He stated that if the Council authorizes 51
Medina City Council Meeting Minutes
February 2, 2022
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publication, a 30-day comment period would begin, and the document would be routed 1
to the proper agencies for review. He stated that after that comment period expires, staff 2
would bring the comments back to the Council for review to determine if additional study 3
would be necessary. He commented that staff did have discussions with the applicant 4
about the potential site layout in order to avoid wetland impacts. 5
6
Martin thanked Finke for the comments that would be added. She asked if there is intent 7
to provide an attachment E, as she did not find that element. 8
9
Finke commented that staff excluded some of the attachments for brevity in the Council 10
report but noted that would be submitted as a part of the document. 11
12
Martin commented that the document appears to be in good order. 13
14
Moved by DesLauriers, seconded by Reid, to Adopt the Resolution Authorizing Release 15
of the Loram/Scannell Medina Industrial EAW for Distribution and Public Comment. 16
17
A roll call vote was performed: 18
19
Albers aye 20
Reid aye 21
DesLauriers aye 22
Martin aye 23
24
Motion passed unanimously. 25
26
C. Medina Ventures – Medina Park and Boardwalk – PUD Concept Plan 1472 27
Highway 55 (7:33 p.m.) 28
Johnson stated that Medina Ventures is requesting PUD concept plan review for a 29
development that would contain commercial uses along with a three-unit townhome 30
located at 1472 Highway 55. He stated that the purpose of the concept discussion is to 31
provide feedback to the applicant prior to formal application. 32
33
Finke reviewed the surrounding land uses of the subject site, noting that Meander Road 34
bisects the site with one segment guided for commercial development and the other for 35
residential. He stated that the concept plan proposes uses consistent with the 36
Comprehensive Plan guiding. He noted that conceptual renderings were provided in the 37
packet. 38
39
Martin asked for additional information on the setback and drive aisle notations. 40
41
Finke replied that the setback of the drive aisle of the parking lot on the eastern property 42
line would not meet the commercial highway zoning requirements, but otherwise the 43
dimensional layout of the development is consistent. He stated that for the residential 44
portion of the property, the distance that is being discussed there is the distance from 45
the closest garage to the drive aisle which is shown as 20 feet and generally the setback 46
would be 25 feet. He provided additional details on the residential development, noting 47
that the proposed density would fall on the low end of low density residential. 48
49
Martin noted that the hardcover proposed is significantly less than what might be 50
expected for both the commercial and residential developments. 51
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February 2, 2022
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1
Finke confirmed that there are large areas of greenspace. He noted that recreation 2
space is needed for the daycare use. He stated that much of the greenspace to the 3
west is internal to the wetland. He stated that by attaching the residential units, it also 4
provides more greenspace. 5
6
Martin commented that the clustering of commercial buildings also lends itself to more 7
greenspace. She stated that this is a key corner, and this proposed site plan seems to 8
be accommodating of the request to keep Highway 55 pretty with nice vistas. 9
10
Reid commented that this is an interesting project, and she did not see any problems 11
with it. She noted that this would also provide architecture that does not exist in other 12
parts of Medina. 13
14
Albers asked if the renderings are accurate of what the final development would be. 15
16
Finke commented that the renderings are conceptual in nature. 17
18
Albers stated that there are unique buildings within and if that would be the final product, 19
it would be very unique for Medina and would be very inviting. He believed this would be 20
a nice product if it followed those examples. 21
22
Finke commented that architectural design was a primary purpose of the PUD to have 23
flexibility from the standard commercial highway district which typically assumes 24
concrete as the main construction material. He noted that the applicant would propose 25
to use wood and metal as primary construction materials. He stated that lot lines have 26
not yet been shown, but various buildings would potentially need flexibility to 27
dimensional standards in order to have their own parcel as a part of the overall 28
development. He stated that the boardwalk and exterior spaces were called out as well 29
as the applicant would like to maximize the outdoor space. He stated that the flexibility 30
for the residential parcel would be to have attached units within low density residential. 31
32
Albers asked for clarification on the statement that the applicant would plat buildings on 33
different lots to allow flexibility for sale to separate owners. He asked if the applicant 34
would build the buildings or gain approval for the development and have individual 35
owners build the buildings themselves. 36
37
Chris Peterson, owner of Medina Ventures, stated that he is doing his best to find great 38
businesses to come into the development and is asking the business what they prefer. 39
He stated that he would love to see the businesses come in as owners, if desired. He 40
stated that some of the potential businesses have expressed more interest in owning the 41
buildings but noted that would come down to the negotiations. He stated that he would 42
love to see most of the owners own their property with an overall HOA to manage the 43
property, lawn, and snow maintenance. He stated that the buildings on the south side 44
could be pushed together, and the three-story venue could be pushed down a bit. He 45
stated the intent is to have this be a beautiful development and would exceed the 46
standards of what would typically be asked for. 47
48
Finke commented that a PUD provides the City with better ability to add requirements 49
upon the approval for unified design. He stated that typical subdivision and site plan 50
review would allow any site development without any tie to the other buildings. 51
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February 2, 2022
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1
Peterson commented that they would like the buildings to look similar and would plan to 2
use a general contractor that would assist in that process. 3
4
Albers noted that was his main concern. He stated that if this proceeds, he would want 5
the architectural design memorialized in the approval to ensure consistency in design. 6
7
Martin stated that there is a related recommendation within the staff report. She asked if 8
there should also be a condition related to the outdoor maintenance responsibility to an 9
HOA. 10
11
Albers commented that he believed that condition applied to the residential portion of the 12
property and would like that to apply to the commercial development as well. 13
14
DesLauriers asked if that clause for the commercial development should be tied to the 15
CH district standards. 16
17
Martin commented that the intent is to have flexibility from the CH district standards and 18
it would not be determined until the formal application is submitted. 19
20
Finke commented that he would not want to reference the minimum standards of a 21
district as the intent of the applicant is to seek flexibility from those standards in order to 22
provide the noted type of architecture. He noted that the condition does not need to be 23
drafted tonight. 24
25
DesLauriers stated that overall, the vision of Peterson to put something unique along 26
Highway 55 is great foresight on his part and hopes to see this project go through. 27
28
Martin echoed the comments thus far and looks forward to more detail as this moves 29
forward. She asked for input on the different architectural examples provided. 30
31
Reid stated that she would not prefer the standalone modern design. 32
33
DesLauriers stated that he believes the conservatory would be a good addition. 34
35
Albers commented that he prefers the outdoorsy lodge type look, or even the barnwood 36
look might fit with the rural character of Medina. 37
38
Finke provided input on transportation and connectivity. He stated that the Council 39
previously completed a visioning study for Tamarack Drive and is planning for a 40
signalized intersection at Highway 55 and future Tamarack. He stated that study 41
contemplated connections in different places along Tamarack to provide circulation 42
between commercial developments. He noted that study contemplated some 43
connection from Tamarack to Meander in order to provide connectivity for vehicles and 44
link various commercial uses together. He recognized that if the City would like to see a 45
major roadway going through the site, that would have impact on the site and its 46
potential layout. He stated that staff would like to see more of a direct access from 47
Meander to the eastern property line of the subject site that could be a drive aisle 48
through the parking lot. He noted that in that instance staff would not want to see 49
parking stalls along the drive aisle. He commented that if this develops prior to the 50
property to the east, the applicant would have limited options for an access location. He 51
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February 2, 2022
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stated that staff would suggest concept B, with the access on the west end and then 1
linking to the location shown in black and providing connectivity to the through road. He 2
stated that even internal on the concept plan, it would be beneficial not to have vehicles 3
parked along the entire length of the drive lane. He noted that the drive aisle could split 4
into different parking pockets. 5
6
DesLauriers stated that the more they push people on Tamarack, the better. He stated 7
that perhaps the suggestion from staff to push it to the bottom would be a good solution. 8
He stated that parallel parking versus vertical would place a burden on the developer in 9
terms of space. He stated that if the sites were developing together, A would make 10
sense but noted that they cannot landlock Peterson from development and therefore 11
without knowing when Cavanaugh would develop, a road would not make sense. He 12
stated that it would seem neither A or B would make sense without having a 13
development commitment from Cavanaugh. 14
15
Reid stated that she is having trouble visualizing and therefore will reserve comment. 16
17
Albers agreed with DesLauriers on the timing of the developments. He stated that 18
concept B would work much better for the proposal in front of the Council with the flow of 19
traffic. He stated that concept B would also take away land that would be developable 20
by Cavanaugh. He stated that it is unfortunate that this entire area is not being planned 21
for development at the same time. He believed that concept B would fit the needs of 22
Peterson better. 23
24
Peterson stated that he appreciates the effort and funds that the City have spent on the 25
Tamarack Drive study. He stated that concepts A and B do not benefit his development. 26
He stated that he would not support concept A as that would remove 1.5 acres of the 27
property and run through the best portion of the property which is the boardwalk. He 28
stated that in terms of concept B, there is a hill near the eastern edge of the property. 29
He stated that the best access is on the western most point of the development from 30
Meander. He stated that he has heard five to ten years for when the other development 31
may occur. He stated that it would not be beneficial for his development to have cut 32
through traffic moving through. He stated that they will already lose parking in order to 33
improve those plans and would not want to lose additional parking in order to provide a 34
connection to the east. He noted that people coming to his development would come 35
from Arrowhead to Meander. He noted that of the 18 acres, they are only developing on 36
six and would find it hard to give up land to provide a needless connection. He stated 37
that he does not want to spend time and money to accommodate something that has not 38
yet been planned and will provide no benefit to his property. 39
40
Martin commented that the desired landscaping aisles would take away from the 41
proposed parking. She stated that the report mentioned that with the differing uses, 42
there may not be a need for the parking specified under the traditional count. She stated 43
that perhaps there could be a proof of parking requirement to accommodate additional 44
parking if that is shown to be a need. 45
46
Finke agreed that could be a good idea. He stated that the concept of shared parking is 47
great and the proof of parking would allow flexibility in missed calculations or changed 48
uses. 49
50
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February 2, 2022
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DesLauriers stated that the packet notes percentages of contribution towards the costs 1
for Tamarack Drive improvements. He asked what those estimations would be. 2
3
Finke stated that he does not have that information available right now but could attempt 4
to develop those estimates. 5
6
Albers asked if that would be dependent upon whether the development actually 7
connects to Tamarack. He noted that the developer does not want to connect to 8
Tamarack. 9
10
Finke stated that staff believes that concepts A and B both connect to Tamarack and 11
staff would look for connectivity through the site, even if it does not go through the site. 12
He stated that the site would be benefitted and serviced by the Tamarack and Highway 13
55 intersection. He stated that because of the proximity to Fields of Medina Park, staff is 14
not recommending park land. He reviewed the recommendations related to trails for the 15
property. He also highlighted the potential Diamond Lake Regional Trail (DLRT) route in 16
this area, noting that perhaps that trail could wander through this development. 17
18
Reid agreed that the trail segment along the northside of Meander could make sense. 19
20
Albers agreed. He stated that he is still digesting the thought of running the DLRT along 21
the west side of Fields of Medina. 22
23
DesLauriers and Martin agreed with the trail segments as proposed. 24
25
Martin stated that she looks forward to seeing a unique design with architectural 26
standards that reflect that design. She stated that the Council would also like to see a 27
property owners association that would manage the overall property, use restrictions, 28
and outdoor features maintenance. 29
30
DesLauriers referenced the boardwalk and stated that he would like details on that 31
boardwalk when the formal application is submitted. 32
33
Peterson stated that when he comes back with the general plan, he will be requesting a 34
fourth villa on the north side which would be of the same nature as the others. He stated 35
that a major piece of the development is the boardwalk which will cost a fair amount of 36
money. He recognized the buffer requirements and stated that he does not intend to 37
disturb the wetlands but would like to run adjacent to the wetlands. He referenced the 38
northside property going west and wanted to make sure that they would not be 39
responsible to connect a trail to Arrowhead and would want the trail obligation to end at 40
the property boundary. He referenced the 60-foot strip to the east of the property, on the 41
south side, which will be a dead strip if he does not purchase it. He stated that he has 42
expressed interest to the property owner, but that is something to consider as this moves 43
forward. He stated that there is a likelihood that the northern property, north of Fields of 44
Medina, will be sold at some point and there would be opportunity to connect as a 45
private drive. He stated that perhaps that access road does not need to be as robust as 46
the private road would most likely be converted to a public road in the future. He 47
stressed the importance of the boardwalk and asked who he would need to talk to in 48
order to place that boardwalk as close to the wetland as possible. 49
50
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February 2, 2022
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D. BPS Properties, LLC – 4250-4292 Arrowhead Drive – Marsh Pointe Preserve 1
– Preliminary Plat/PUD General Plan (8:48 p.m.) 2
Johnson stated that the applicant is requesting a preliminary plat and PUD general plan 3
for a 30 unit detached development on Arrowhead Drive. 4
5
Finke stated that the Council reviewed this concept in December, and it has come back 6
for formal consideration. He reviewed the subject site and proposed site plan. He 7
reviewed the comments provided by the Council at its last review and the updates that 8
have been made to the plan since the last review. He stated that the general layout 9
remains the same. He stated that the developer met with the abutting property owners 10
in Bridgewater which led to an increase in trees along the northern line and throughout 11
the landscaping plan. He stated that specific information was also provided relating to 12
the architectural standards for the units within the development. He stated that the PUD 13
is designed to allow flexibility from the underlying zoning standards in return for a more 14
desirable development. He stated that the R-1 zoning district would be the default for 15
low density residential development. He stated that the architectural requirements are 16
summarized in the staff report, noting the applicant proposes a higher standard than 17
generally required in the R-1 district and summarized those elements. He stated that the 18
applicant had stated that there would be a benefit to having single level villas compared 19
to two story homes, and therefore a maximum elevation could be specified. He stated 20
that some of the concepts submitted since that time show rooflines that are fairly tall and 21
further limitations could be placed on some of those buildings that may have more visual 22
impact. 23
24
Martin referenced the recommendations from the Planning Commission, specifically six, 25
and asked if this would be the list of Council requirements that would be referenced. 26
27
Finke confirmed that the requirements would be found within that condition. He noted 28
that the bulleted list is meant to serve as architectural requirements. 29
30
Martin referenced the building height and asked what 35 feet would look like. She stated 31
that when she thinks of Charles Cudd and villas it makes her think of the golf course 32
villas and The Enclave, asking for heights of those homes. 33
34
Finke replied that the villas along the west end of the golf course are not similar as they 35
have sideloaded garages. He stated that the units on the northwest corner of the golf 36
course are similar to what is being proposed and would have similar elevation. He 37
stated that he also compared to the Pulte homes being constructed which are two story 38
homes and have a similar height of 35 feet. He stated that the intent would be to have 39
usable space that would be within the roofline. 40
41
Martin commented that would seem to be more than one story. She referenced the 42
graph on page three of the report and expressed concern with the proposed hardcover 43
of 55 percent which exceeds the R-2 requirement of no more than 50 percent and R-1 44
requirement of no more than 40 percent. 45
46
Reid commented that considering the topography and wetlands, this seems to be a good 47
use of the property. 48
49
DesLauriers stated that he agrees with Martin on the issue of hardcover and would like 50
to see that closer to 40 percent. He believed there was a discussion related to the three 51
Medina City Council Meeting Minutes
February 2, 2022
11
homes closest to Bridgewater and an attempt to flatten that road out but noted that there 1
appear to be no changes. He stated that he would like to limit the height, as there were 2
two story developments approved last year that were 36 feet. He stated that he would 3
like to see the height of the homes adjacent to Bridgewater limited and could support 4
taller homes on the eastern end where there would be no impact. He stated that he 5
believes that a tree is a tree and does not support the concept that planted trees should 6
not count in the tree preservation ordinance. 7
8
Martin asked why it would be appropriate to consider approving 55 percent hardcover 9
ratio. 10
11
Finke replied that the hardcover is important to recognize as that is the percentage 12
within the bounds of any individual lot and not across the development. He stated that 13
these lots could be platted differently to lower the hardcover percentage without actually 14
lowering the hardcover. He stated that all the wetland buffers are outside of the bounds 15
of the lots, which is encouraged by staff but is not a requirement. He stated that is 16
significant because the average buffer is 50 feet in width, therefore if the buffer were 17
included in the lots, they would meet the hardcover. He stated that this results in more 18
common greenspace than lot space. 19
20
Martin commented that does make sense. 21
22
Finke stated that enforcement of wetland buffers is much easier when the buffer lies 23
outside of property lines. 24
25
DesLauriers stated that his concern is appeased. 26
27
Martin asked what happened to the tot lot concept. 28
29
Finke replied that it was the impression of staff that the majority of the feedback on the 30
concept is that there was not much benefit in the tot lot and therefore that was removed. 31
32
Martin asked for input on the architectural requirements list proposed. 33
34
Reid stated that she does not understand the enormous roofs on these units if these are 35
one story homes. 36
37
Rick Denman, Charles Cudd, stated that they are aligned with the Council on the 38
architectural integrity being sought. He stated that they have built many homes in 39
Medina and the overall Twin Cities area. He stated that they are attempting to create 40
architectural integrity but noted that he would not mind reducing that to some degree. 41
He stated that on a one dimension drawing it looks tall, but they are similar to the homes 42
in Medina Country Club on the north and west. He stated that they sell to a luxury buyer 43
and therefore attempt to maintain an architectural integrity. He did not believe they 44
compare to the Pulte homes, which have a lower pitched roof for lower costs. He 45
commented that they are one story rooms, and any bonus space would not go above the 46
35 feet. 47
48
Martin asked the height of the home shown on the screen. 49
50
Medina City Council Meeting Minutes
February 2, 2022
12
Denman replied that those have a height of 35 feet. He confirmed that the measurement 1
is from the front of the home to the top of the roof. 2
3
Reid asked if that would be usable space under the roofs. 4
5
Denman commented that in some cases they may place a bonus room or bonus space 6
in that area if desired by the homeowner. He stated that in other cases it would not be 7
usable space. 8
9
Albers commented that he is fine with a height of 35 feet. 10
11
DesLauriers stated that he would prefer to protect the views of the Bridgewater residents 12
and would want a lower height for those homes visible from Bridgewater. 13
14
Martin asked the maximum height in R-1 and R-2. 15
16
Finke replied that a similar peak with an addition of another eight to ten feet could be 17
allowed for a two-story building. He stated that because the height is averaged, the roof 18
may need to be slightly less pitched on a two-story home which would be 42 or 43 feet. 19
20
Martin commented that she could perhaps support 35 feet in height. 21
22
Finke stated that the Council could consider the units closer to Bridgewater be more 23
limited in height, recognizing there could be unintended implications. 24
25
Martin asked the height of the golf course villas on the west side. 26
27
Denman replied that those have a height of 33 to 36 feet. 28
29
DesLauriers stated that those homes face the golf course and do not have homes 30
behind them. He stated that he is not asking the entire development to be further limited 31
in height, but specifically would like those three homes closest to Bridgewater further 32
limited. 33
34
Martin noted a fourth home in the northwest corner. She stated that perhaps those four 35
lots should have a reduced height. 36
37
DesLauriers agreed, noting that he would be fine with the 35-foot height for the other 38
homes. 39
40
Denman stated that he thinks they could do that and suggested a maximum of 32 feet in 41
height for those four homes. He stated that the Bridgewater homes are quite a bit higher 42
than these homes would be. 43
44
Finke commented that he believes that those units are lookouts which would have less 45
rear exposure. 46
47
Denman confirmed that those are lookouts or walkouts in the Bridgewater development. 48
49
Rick Osberg, representing the applicant, commented that the lots adjacent to them are 50
lookouts. 51
Medina City Council Meeting Minutes
February 2, 2022
13
1
George Stickney, applicant, stated that he has met with all the existing residents and has 2
developed agreements with those eight homeowners. He stated that for the one home 3
with a direct sightline, he has agreed to limit to a height of 32 feet. He stated that he has 4
eliminated the tot lot as that was not desired by the existing residents and used those 5
funds to create screening projects for all eight property owners in Bridgewater. He 6
stated that he will work with each homeowner to remove invasive species and replant 7
native trees where needed. He noted that 40 or 50 trees will be planted on adjacent 8
properties to increase their screening, which he does not get credit for on his property. 9
10
Martin applauded the applicant for having the discussions with the Bridgewater residents 11
and asked if the landscaping plan reflects those agreements. 12
13
Stickney replied that is not reflected in the landscaping plans because those will lie on 14
the adjacent private properties. 15
16
Martin asked how that would be memorialized. 17
18
Batty replied that the City could have a landscaping plan and if that includes plantings on 19
adjacent properties, but authorization would need to be submitted approving those 20
placements. He stated that he does not want the City to be a party to agreements with 21
individual property owners in Bridgewater but would welcome the developer having a 22
plan showing the plantings that could be approved as part of the landscaping plan. 23
24
Denman confirmed he would be amenable to limiting the height of the four homes 25
directly adjacent to Bridgewater to 32 feet. 26
27
Reid commented that this is a good plan. 28
29
DesLauriers agreed that this is a good plan. 30
31
Albers also agreed. 32
33
Martin provided updated language for condition six which would provide a maximum 34
height of 35 feet with the exception of the four homes that would have a maximum height 35
of 32 feet. She stated that the landscaping plan would also be updated to include the 36
plantings for the Bridgewater properties with the applicant providing proof that the 37
Bridgewater residents have approved those placements. 38
39
Stickney commented that he volunteered to work with the Bridgewater residents to 40
provide additional plantings. He noted that they cannot make a final determination at 41
this time on which trees will stay and which will be removed. He stated that the needs 42
and desires of each property owner are different. He stated that he can provide copies 43
of the contracts he has drafted. He stated that those agreements are between the two 44
property owners. He stated that he will be improving his property dramatically and the 45
agreements he has with the adjacent property owners are between the two parties. 46
47
Martin commented that citizens on adjacent properties have come back to the City in the 48
past asking why the commitment of the developer was not enforced. She stated that the 49
City needs some assurance that whatever agreements have been reached will be 50
honored. She stated that she will leave it to Batty as to how to document those 51
Medina City Council Meeting Minutes
February 2, 2022
14
agreements. She referenced the strip of City owned property noting that one option 1
would be to deed that property to the developer so that it could be platted with the 2
wetland area. 3
4
Batty commented that the Council has great discretion as to what to do. He stated that 5
the City does not have to go out to bid or through a formal process. 6
7
Finke stated that staff wanted to call attention to that and would ultimately report back at 8
final plat with recommendations as to how to do that. He noted that some options were 9
outlined in the report. 10
11
Martin commented that it would seem to be a good title cleanup exercise. She 12
referenced the trail recommendations, easements, and parking stall construction which 13
seem reasonable. 14
15
Finke asked if the Council would want to require the trail connection for the Diamond 16
Lake Regional Trail (DLRT) as part of this development, or if the City should only secure 17
the easement and allow Three Rivers Park District to construct that in the future. 18
19
Martin asked how different users of the trail would realize which path they should follow. 20
21
Finke commented that there is a sidewalk proposed along the roadway that would 22
connect to the trail and provide connectivity from the homes to the trail. He confirmed 23
that the intention would be for the general public to follow the trail. He agreed that 24
perhaps signage could be of assistance. 25
26
DesLauriers asked if there would be an easement at the end of the trail to continue the 27
DLRT. 28
29
Finke commented that the intent would be for the easement to continue across the 30
wetland and provided details on the desired flexibility of the easement. 31
32
Osberg commented that the depiction of the trail represents the actual trail alignment 33
and not necessarily the easement that would encompass it. He stated that they read 34
into previous comments about the desired route of the DLRT, but as discussion has 35
gone on it seems that it is not certain whether the trail should cross easterly or southerly. 36
He stated that originally, they proposed a gravel base as they were unsure of the desired 37
route. He noted that they would be happy to provide easements for either route but 38
would not want to construct something that may not ultimately be desired. He stated 39
that it does not seem wise to place a trail in the wetland buffer area when the alignment 40
of the trail is not yet known. 41
42
Reid stated that the DLRT is pretty far into the future and therefore an easement would 43
seem to be the better choice. 44
45
Albers agreed with an easement. 46
47
Batty commented that there can be a similar concept to a blanket easement and when 48
the true alignment is known that easement could be confined to the actual location, but 49
in the time being it would cover a broader area. 50
51
Medina City Council Meeting Minutes
February 2, 2022
15
DesLauriers agreed that the easements would be good to have but the trail construction 1
is not needed at this time. 2
3
Martin reviewed the augmentations to the recommended conditions as discussed. 4
5
Moved by Albers, seconded by DesLauriers, to direct staff to prepare documents to 6
approve the PUD General Plan and Preliminary Plat subject to the conditions described 7
in the staff report and as augmented by the Council discussion. 8
9
A roll call vote was performed: 10
11
DesLauriers aye 12
Albers aye 13
Reid aye 14
Martin aye 15
16
Motion passed unanimously. 17
18
Martin briefly recessed the meeting. 19
20
Martin reconvened the meeting. 21
22
VIII. OLD BUSINESS 23
24
A. Arrowhead Drive Turn Lane Expansion Project – Approve Plans/Specs and 25
Authorize Advertisement for Bids (10:00 p.m.) 26
Johnson stated that the turn lane expansion project was identified under the visioning 27
study completed in 2019. He provided other recommendations included in that study. 28
29
Stremel stated that the improvements were identified in the visioning process in 2019 30
and provided relative background information. He stated that the OSI driveway 31
modification to align with Meander Road was also identified in that study. He noted that 32
the City moved forward with alternate C in that study and walked through the different 33
improvements that would be a part of the proposed project. He noted that the 34
stormwater pond would accommodate the needs for the roadway as well as OSI 35
expansion. He reviewed the estimated project cost and different proposed funding 36
sources. He commented that OSI would complete its driveway realignment using its 37
own contractor. He reviewed the proposed project schedule. He asked the Council to 38
approve the plans and specifications and authorize advertisement for bids. 39
40
DesLauriers thanked OSI, noting it is a great business partner that is accepting of the 41
realignment and willing to contribute to the project cost. 42
43
Martin echoed those comments. 44
45
Moved by DesLauriers, seconded by Reid, to Adopt the Resolution Approving 46
Plans/Specifications and Authorizing the Advertisement for Bids. 47
48
A roll call vote was performed: 49
50
DesLauriers aye 51
Medina City Council Meeting Minutes
February 2, 2022
16
Albers aye 1
Reid aye 2
Martin aye 3
4
Motion passed unanimously. 5
6
IX. CITY ADMINISTRATOR REPORT (10:10 p.m.) 7
Johnson had nothing further to report. 8
9
X. MAYOR & CITY COUNCIL REPORTS (10:10 p.m.) 10
Martin reported that she did attend the Fire District meeting this morning with Nelson, 11
Johnson, and DesLauriers. She commented that she is starting to sense interest in the 12
group to think about a broader sharing of resources, although perhaps not on the scale 13
of a fire district. She stated that they are still awaiting the results of the Hamel and 14
Loretto merger discussions. 15
16
Reid stated that they are starting work on banners for Hamel and should have a design 17
in a few weeks. 18
19
Martin thanked Reid for spearheading that topic to create something tangible. 20
21
DesLauriers stated that if there is any assistance needed in installing the banners, he 22
would be happy to assist. He stated that he continues to find benefit in the continued fire 23
district discussions and the benefits that can be provided through equipment sharing. 24
25
Martin agreed that there is a lot of depth of relationships and experience of those 26
involved in the discussions and it is great to learn from that. 27
28
XI. APPROVAL TO PAY THE BILLS (10:15 p.m.) 29
Moved by DesLauriers, seconded by Albers, to approve the bills, EFT 006238E-30
006250E for $59,429.81, order check numbers 052547-052598 for $255,154.54, and 31
payroll EFT 0511585-0511613 for $59,048.98. 32
33
A roll call vote was performed: 34
35
DesLauriers aye 36
Albers aye 37
Reid aye 38
Martin aye 39
40
Motion passed unanimously. 41
42
XII. ADJOURN 43
Martin commented that there have been instances of COVID at City Hall which supports 44
the continued decision of the Council to meet virtually. She appreciated everyone’s 45
willingness to honor the wickedness of the virus and its various variants. She hoped that 46
Medina City Council Meeting Minutes
February 2, 2022
17
everyone remains safe and healthy. She also recognized members of the community 1
that are no longer with them because of the virus. 2
3
Moved by DesLauriers, seconded by Martin, to adjourn the meeting at 10:19 p.m. 4
5
A roll call vote was performed: 6
7
DesLauriers aye 8
Albers aye 9
Reid aye 10
Martin aye 11
12
Motion passed unanimously. 13
14
15
__________________________________ 16
Kathy Martin, Mayor 17
Attest: 18
19
____________________________________ 20
Scott Johnson, City Administrator 21
TO: Honorable Mayor and City Council
FROM: Jason Nelson, Director of Public Safety
DATE: February 10, 2022
RE: Animal Control Contracts
I have been working on a long-term animal control solution as one of my goals for 2022. Our current
long-term option is getting out of the business, so I have worked with Minnetrista, Orono and West
Hennepin Public Safety on a solution. It should be noted that this only pertains to dogs.
We have found a Kennel in Minnetrista that will be able to assist us with our dogs on a short-term
basis. Oak Ridge Kennels has agreed to keep one of their kennels open for our agencies with a
retainer cost of $400/month for all agencies. City Attorney Batty has looked at the contract and made
changes to what was proposed, and Oak Ridge Kennels has agreed to the changes. Attached is the
contract for Oak Ridge Kennels. After splitting the costs amongst the other agencies, it will cost us
$1,200 per year. If the dog is not picked up after several days, the solution for long term care is taking
the dog to Monticello who has agreed to house our dogs and will attempt to adopt them out.
Monticello Animal Control is also asking our cities to sign an annual contract with them which has
also been reviewed by City Attorney Batty and is attached. The cost for utilizing Monticello Animal
Control is an annual service fee of $250 plus a $20 per day boarding fee. If the animal needs to be
euthanized there is an additional fee of $190.
I am requesting the council approve the contracts for animal control. This is something that was not in
my budget for this year and will be added for next year. I have spoken with Finance Director Barnhart
and we will be able to find money to cover this expense in the 2022 Police Department budget.
Agenda Item #5A
MN415-1-775114.v2
ANIMAL IMPOUND AGREEMENT
THIS ANIMAL IMPOUND AGREEMENT (“the Agreement”) is made this 15th day of
February, 2022 by and between the city of Medina, a Minnesota municipal corporation (“City”) and Oak
Ridge Pet Boarding and Daycare (“Contractor”).
RECITALS
WHEREAS, the City is in need of services to hold and shelter dogs which the City has impounded, seized,
or quarantined or which the City has ordered held for welfare or testing reasons, or to be held so that the
animal may be humanely euthanized; and
WHEREAS, the City desires to engage Contractor to provide these services for the City and the Contractor
agrees to provide the necessary services to the City; and
WHEREAS, the City and the Contractor wish to define the scope of services and terms of their agreement.
NOW, THEREFORE, the City and the Contractor agree as follows:
Terms of the Agreement
1. SCOPE OF SERVICES. The Contractor shall perform the following services with respect to
dogs that the City transfers to them in the course of enforcement of City code and other
relevant law.
(a) Provide shelter, food, water and basic veterinary care for all dogs found or seized by
the City and brought to the Contractor’s facility.
(b) Hold and provide care for said dogs for a length of time as specified by the City and
in compliance with local ordinances and state law.
(c) Provide adequate facilities to quarantine dogs under observation for designation as
potentially dangerous or dangerous as directed by the City.
(d) Maintain observation of quarantined dogs as directed by the City and provide written
reports prepared by a veterinarian detailing status of dogs to City upon request.
(e) Provide the City access to the Contractor’s facility during business hours.
(f) Provide persons specified by the City with reasonable visitation to dogs being held.
(g) Release dogs as instructed by the City to the person specified by the City and collect
all applicable charges, fees, and fines from such person. The Contractor shall require
current rabies certificate before the dog is released.
(h) Provide the City with a monthly report of all dogs received during the month, the
charges incurred for each dog and the disposition of the dog. These reports may
include:
(i) The description of the dogs by specific, breed, sex, and approximate age,
(ii) The name and address of any person who surrenders their dog to the
Contractor’s custody;
(iii) The name and address of any person to whom the Contractor transfers
ownership of any dog; and
(iv) Any veterinary records accessible to the Contractor.
2
2. TERMS OF SERVICES.
(a) Upon receipt of a dog from the City, the Contractor accepts full responsibility for it
and agrees to exercise due diligence in its care and sheltering until it is returned to its
owner or transferred to another facility.
(i) The Contractor is aware that local ordinances require impounded dogs be held
for reclamation by their owner or keeper a minimum of 10 days.
(ii) The Contractor is aware that state law requires impounded dogs designated as
dangerous animals prior to collection be held for reclamation by their owner
or keeper a minimum of 7 days.
(b) The City is responsible for humane destruction of dogs designated for destruction.
(c) If the Contractor reasonably believes a dog presents an immediate danger to the health
and safety of a staff member, volunteer, or visitor, the Contractor may request the City
to retrieve and dispose of the animal pursuant to applicable law.
3. TERM
(a) The term of this Agreement shall be from February 15th, 2022 through December 31,
2022. This Agreement shall automatically renew for successive periods of one year
unless either party notifies the other in writing at least 90 days before expiration of the
term.
(b) Either party may terminate this Agreement for any reason upon 90 days advanced
written notice to the other party. The City reserves the right to terminate this
Agreement without notice at any time in the event of default or violation by the
Contractor of any provision of the Agreement, City code or state law.
(c) Upon the effective date of termination, the Contractor shall immediately cease
providing all services under this Agreement and the City shall pay all undisputed
remaining invoices to the Contractor for services rendered.
4. COMPENSATION
(a) The Contractor is responsible for collecting all applicable charges, fees, and fines from
dog owners when possible. Fees collected from dog owners shall not be charged to the
City.
(b) The Contractor shall invoice the City monthly for services rendered under the
following fee schedule. The City shall pay invoices within 35 days:
(i) A monthly retainer of $400, for which the City shall be jointly and severally
liable with all other cities or entities engaging the Contractor for dog impound
services; and
(ii) Veterinary services and boarding fees not otherwise collected from the dog’s
owner
(c) The fees set forth in the Agreement shall be for the term of the Agreement. The
Contractor may change the fees for the following Agreement term by providing the
City with written notice that reflects the updated fees to be charged no later than July
31st of the year prior to expiration of the term.
5. INDEPENDENT CONTRACTOR.
(a) The Contractor and the City acknowledge and agree that the Contractor is an
independent contractor and not an employee of the City. Any employee, volunteer or
subcontractor who may perform services for the Contractor in connection with this
Agreement is also not an employee of the City. The Contractor understands that the
3
City will not provide any benefits of any type in connection with this Agreement,
including, but not limited to, health or medical insurance, workers’ compensation
insurance and unemployment insurance, nor will the City withhold any state or federal
taxes, including income or payroll taxes, which may be payable by the Contractor.
(b) The Contractor shall use its own facility and obtain its own supplies to perform all
services required or requested pursuant to this Agreement. The Contractor shall secure
at its own expense all personnel required to perform services required or requested
pursuant to this Agreement.
(c) The Contractor acknowledges that any general instruction it received from the City
has no effect on its status as an independent contractor.
6. INSURANCE. The Contractor shall maintain adequate insurance coverage in an amount of at
least $1,000,000.00 during the term of this Agreement to protect itself and the City from
claims and liability for injury or damage to employees, volunteers, or agents under this
Agreement. The Contractor shall maintain public liability and property damage insurance
covering personal injury, including death and claims for property damage which may arise
out of the Contractor’s services hereunder. The Contractor shall name the City as an additional
insured under its policy. The Contractor shall also provide its own worker’s compensation
policy. The Contractor shall file with the City a certificate evidencing coverage prior to
performing any services under this Agreement. The certification shall provide that the City
must be given 30 days advance written notice of the cancellation of the insurance.
7. INDEMNIFICATION. The Contractor shall hold harmless, indemnify and defend the City,
its officials, employees, contractors and agents, against any and all claims, causes of action,
lawsuits, losses, damages, cost and expenses (including reasonable attorney’s fees) for claims
arising out of or resulting from the Contractor’s (including its officers, employees, volunteers
and agents) performance for the services required or requested pursuant to this Agreement.
8. CONFIDENTIALITY / DATA PRACTICES. Under no circumstances may the Contractor,
or any of its officers, employees, volunteers or agents provide information or data to anyone
outside of what is described in the Agreement without prior written permission from the City’s
Director of Public Safety. The books, records, documents and accounting procedures of the
Contractor, relevant to this Agreement are subject to examination by the City, and either the
legislative or State Auditor as appropriate, pursuant to Minnesota Statutes, section 16C.05,
subd. 5. The Contractor shall comply with all applicable provisions of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13.
9. CORRESPONDENCE. Any correspondence between the City and the Contractor regarding
this Agreement shall be either hand delivered or mailed by registered or certified mail to the
following addresses:
(a) If to Contractor: Oak Ridge Pet Boarding and Daycare
1640 Game Farm Rd N.
Mound, MN 55344
Attention: ___________
4
(b) If to City: City of Medina
2052 County Road 24
Medina, MN 55340
Attention: City Administrator
10. DISCRIMINATION Contractor agrees to comply with Minnesota Statutes, section 181.59.
11. APPLICABLE LAW. The execution, interpretation, and performance of this Agreement
shall, in all respects, be controlled and governed by the laws of Minnesota.
12. ASSIGNMENT. The Contractor shall not assign this Agreement or procure the services of
another party to provide services under this Agreement without first obtaining the express
written consent of the City.
13. ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire
Agreement between the parties, and no other agreement prior to or contemporaneous with this
Agreement shall be effective, except as expressly set forth or incorporated herein. Any
purported amendment to this Agreement is not effective unless it is in writing and executed
by both parties.
14. NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its
entitlement to any immunities under statute or common law.
15. SEVERABILITY. Should any part or portion of this Agreement be deemed illegal or void
by a court of competent jurisdiction, the remainder of the Agreement shall remain in effect.
16. COMPLIANCE. The Contractor agrees to comply with all applicable local, state and federal
laws, rules and regulations in the performance of its services under this Agreement. The
Contractor represents that its facility is properly licensed by the City and maintained in
compliance with all federal, state and local laws.
17. RELATIONSHIP BETWEEN THE PARTIES. It is agreed that nothing herein contained is
intended or should be construed in any manner as creating or establishing a partnership
between the parties hereto or as constituting the Contractor’s officers, employees, volunteers
or agent as the agents, representative or employees of the City for any purpose in any manner
whatsoever.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above
written.
CITY OF MEDINA
_________________________
Kathleen Martin, Mayor
________________________________
Scott Johnson, City Administrator/Clerk
5
CONTRACTOR
_________________________
Manager
Agreement of Understanding
Animal Control
On this 15th day of February, 2022, the City of Monticello, Minnesota, hereinafter
referred to as the City, and City of Medina, hereinafter referred to as the client, so hereby agree
as follows:
1. The city, upon reasonable request from the client, shall open the Animal Impound Facility for
the delivery and intake of stray, unwanted, or loose animals in the custody of the client. The
client shall provide the City with all pertinent information known about animals delivered
including, but not limited to, attacks on humans, ownership, veterinary medical history,
disposition and any information known by the client that affects the public health and safety.
2. The City shall provide shelter, care, and feeding for the animals while impounded.
3. The client shall pay to the City an annual fee and a fee per day for impoundment set by the
City’s annual fee schedule. State statute requires the holding of strays for 5 business days.
Saturday and Sunday are not considered a business day.
4. The City shall, upon completion of the required impoundment duration, deliver the animal to
a qualified professional for humane disposal (euthanasia), or adopt the animal through the
Humane Society, or private adoption.
5. The client shall reimburse the City a fee per the City’s annual fee schedule for any type of
disposal of an animal, including euthanasia, private adoption, or Humane Society adoption.
6. The City shall prepare and issue monthly an itemized state of charges showing dates, length
of impoundment, disposal, and when possible, the name of the owner of the animal.
7. The City shall hold the client harmless for any damage to the impound facility caused by any
animal properly delivered to the facility.
8. The City shall hold the client harmless for any injury to and/or damage to the possessions of
the City Animal Control Officer while the animal is impounded or otherwise under the
responsibility of the City.
9. The City shall hold the client harmless against all claims of maltreatment, negligence, and/or
wrongful death of any animal while the animal is impounded or otherwise under the
responsibility of the City.
10. The City shall contact Client prior to picking up an animal when the complaint is from a
resident.
11. Either party, upon 30-day written notice to the other party, may discontinue this agreement.
This agreement is hereby adopted and entered into the __________ of ______________, 2022.
____________________________ ______________________________
City of Monticello _____________
City Administrator
CITY OF MEDINA
_________________________
Kathleen Martin, Mayor
____________________________
Scott Johnson, City
Administrator/Clerk
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ME230-768-773170.v1
PURCHASE AGREEMENT
This Purchase Agreement (“Agreement”) is made this ____ day of _____________, 2022
(“Effective Date”), by and between Arthur Scherber and Marlene Scherber, husband and wife
(“Sellers”), and the city of Medina, a Minnesota municipal corporation (“Buyer”). The Effective
Date, written above, is the date that the last party signed this Agreement.
1. PROPERTY. Sellers are fee owners of certain real property consisting of approximately
17.62 acres and located at 2120 Chippewa Road, Medina, Minnesota, which real property is also
identified as Hennepin County PID 0311823240002 (the “Property”).
2. OFFER/ACCEPTANCE. Buyer desires to purchase the Property. In consideration of
the mutual agreements herein contained, Buyer offers and agrees to purchase the Property, and
Sellers agree to sell and hereby grant to Buyer the exclusive right to purchase the Property.
3. CONTINGENCIES. This Agreement is subject to the following contingencies:
A. Buyer having determined, on or before the expiration of the Due Diligence Period,
that it is satisfied with the result of all matters disclosed by Buyer’s investigations,
surveys, soil tests, inspections, and any environmental reviews of the Property.
B. Buyer being satisfied with the condition of the Property’s title in accordance with
paragraph 8 of this Agreement.
C. A determination by Buyer’s governing body, prior to the end of the Due Diligence
Period, that the provisions of Minnesota Statutes, section 462.356, subdivision 2
are duly satisfied.
If the contingencies above are satisfied, based on the timing requirements contained herein,
then Buyer and Sellers shall proceed to close the transaction as contemplated herein. If,
however, any of the contingencies is not satisfied, this Agreement shall thereupon be void,
Sellers shall return the Earnest Money to Buyer, and Buyer and Sellers shall execute and
deliver to each other the termination of this Agreement. As a contingent purchase
agreement, the termination of this Agreement is not required pursuant to Minnesota
Statutes, section 559.21, et seq.
4. PURCHASE PRICE AND TERMS:
A. PURCHASE PRICE: The total purchase price for the Property is $897,000
(“Purchase Price”).
B. TERMS:
(1) EARNEST MONEY. Earnest money in the amount of Eight Thousand
Nine Hundred and Seventy Dollars ($8,970.00) (“Earnest Money”) is
payable within five business days following the Effective Date. The Earnest
Agenda Item #5B
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ME230-768-773170.v1
Money shall be held by the Title Company, as defined below.
(2) BALANCE DUE SELLERS. Buyer agrees to pay by certified check or
wire transfer of funds on the Closing Date any remaining Purchase Price
balance due according to the terms of this Agreement.
(3) DEED/MARKETABLE TITLE. Subject to performance by Buyer, Sellers
agree to execute and deliver a Warranty Deed (“Deed”) conveying
marketable title to the Property to Buyer, subject only to the following
exceptions:
a. Building and zoning laws, ordinances, state, and federal regulations;
and
b. Reservation of minerals or mineral rights to the State of Minnesota,
if any.
(4) DOCUMENTS TO BE DELIVERED AT CLOSING. In addition to the
Deed required at paragraph 4.B(3) above, Sellers shall deliver to Buyer:
a. Standard form Affidavit of Seller;
b. A “bring-down” certificate, certifying that all of the warranties made
by the Sellers in this Agreement remain true as of the Closing Date;
c. A certificate that Sellers are not a “foreign person” as defined by the
Internal Revenue Service;
d. A well disclosure certificate;
e. A Methamphetamine Disclosure Certificate, if required;
f. Copies of any written lease or similar agreements affecting the
Property, if any, and details of any oral lease agreements affecting
the Property, if any, and evidence of the termination of any such
leases or agreements; and
g. Any other documents reasonably required by the Title Company or
Buyer’s attorney to evidence that title to the Property is marketable
and that the Sellers have complied with the terms of this Agreement.
5. REPRESENTATIONS AND WARRANTIES BY SELLERS. Sellers represent and
warrant to Buyer that:
A. To the best of Sellers’ knowledge, there is no action, litigation, investigation,
condemnation or proceeding of any kind pending against Sellers or the Property
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ME230-768-773170.v1
which could adversely affect the Property, any portion thereof or title thereto.
Sellers shall give Buyer prompt written notice if any such action, litigation,
condemnation or proceeding is threatened or commenced prior to the Closing Date.
B. To the best of Sellers’ knowledge, the Property has not been used for the generation,
transportation, storage, treatment, or disposal of any hazardous waste, hazardous
substance, pollutant, or contaminant, including petroleum, as defined under federal,
state or local law and no notice have been received from any federal, state, local, or
other governmental agency (or a compliance letter).
C. Other than the existing septic system and well on the Property, Sellers are not aware
of any underground storage tanks located on the Property.
D. To the best of Sellers’ knowledge, there has been no dumping or deposit of
construction or other debris on the Property.
E. Sellers are unaware of any utilities serving the Property that would need to be paid
at closing.
F. Sellers are the fee owners of the Property and no consents or approvals from any
third parties are required for Sellers’ consummation of this transaction.
G. Sellers hereby agree that each of the foregoing representations and warranties shall
survive closing hereunder and that the breach of any thereof shall constitute a
default, whether said breach occurs prior to or after closing, entitling Buyer to
exercise any remedy provided to Buyer in this Agreement in the event of a default
by Sellers or any other remedy at law. In addition, if any of the foregoing warranties
or representations shall be breached or shall be untrue, Sellers shall indemnify and
hold Buyer from any damages or liabilities relating thereto notwithstanding any
other language contained in this Agreement.
6. REPRESENTATIONS AND WARRANTIES BY BUYER. Buyer represents and
warrants to Sellers that:
A. Buyer has the requisite power and authority to enter into and perform its obligations
under this Agreement.
B. Buyer has the financial capacity to meet its obligations specified in this Agreement.
C. Buyer will timely perform its obligations specified in this Agreement.
7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Buyer shall pay all real
estate taxes, deferred real estate taxes, and all special assessments levied or pending, including
interest and penalties thereon, if any, owed in the year of closing and all prior years, provided,
however, that the Buyer’s responsibility for real estate taxes deferred pursuant to Minnesota
Statutes, section 273.111, shall not exceed $10,000 and any amount owed in excess of said figure
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ME230-768-773170.v1
shall be the Sellers’ responsibility.
8. SURVEY AND TITLE MATTERS. As soon as reasonably practicable after the execution
of this Agreement by the parties, Buyer shall procure a commitment for an owner’s policy of title
insurance for the Property (the “Title Commitment”), issued by a title company that is acceptable
to Buyer (the “Title Company”), which Title Commitment shall name Buyer as the proposed
insured. Pursuant to paragraph 9 below, Sellers shall provide Buyer with any surveys for the
Property that Sellers have in their possession. Buyer shall also have the right, but not the
obligation, to order a survey of the Property of its own, at its sole expense. Buyer shall have 20
days following the receipt of the Title Commitment and survey (if one is ordered) to make its title
objections, if any, in writing to Sellers. Following its receipt of Buyer’s written objections to title,
Sellers shall have 30 days (the “Cure Period”) to make commercially reasonable efforts to
cooperate with Buyer to correct all such objections, during which period the closing will be
postponed, if necessary. If any objections are not cured within the Cure Period and Sellers have
informed Buyer that it will undertake no further efforts to cure the objections to title, Buyer will
have the option to do any of the following: (i) terminate this Agreement without any liability and
receive a full refund of all Earnest Money and any accrued interest thereon with neither Buyer nor
Sellers being liable for any damages hereunder; (ii) extend the Cure Period so long as Sellers are
making a good faith effort, with demonstrated progress, at Buyer’s sole and absolute discretion for
a period mutually agreed upon by the parties; or (iii) waive the objections and proceed to close in
which case Buyer shall be deemed to have accepted the Property subject to any and all uncured
objections.
9. DUE DILIGENCE PERIOD. Within 10 business days following the Effective Date,
Sellers shall provide Buyer with copies of any and all existing surveys, site plans, engineering or
other reports in Sellers’ possession regarding the condition of the Property. Additionally, Buyer
shall have the right during a period commencing on the Effective Date and ending at 5:00 p.m.
CDT on the first business day that falls 60 days thereafter (the “Due Diligence Period”), at its sole
cost, expense, and risk, to enter onto, examine and inspect the Property and to conduct feasibility
studies with regard to its desired ownership and operation of the Property. Buyer may, in the
exercise of its reasonable discretion, extend the Due Diligence Period for an additional 60-day
period to permit Buyer to complete its due diligence investigation by providing written notice to
Sellers on or prior to the expiration of the original Due Diligence Period. Buyer may enter upon
the Property to inspect the same, and may conduct tests and examinations to the extent it desires,
provided that the Buyer notifies the Sellers in advance of any such examinations and inspections.
Buyer hereby agrees to defend and indemnify the Sellers from and against any and all claims,
causes of action, lawsuits, attorneys’ fees, costs and damages arising from or in any way related to
Buyer’s and/or Buyer’s engineers, consultants and/or agents’ examinations and inspections. Buyer
shall promptly, at its sole cost and expense, restore the Property to substantially the same condition
in which it existed immediately prior to any physical tests conducted by or on behalf of Buyer.
Buyer shall have the right, at any time up to the expiration of the Due Diligence Period, as may be
extended as set forth above, to terminate this Agreement by delivering written notice, including
electronic notice, to Sellers. In such event, this Agreement will be considered terminated and all
Earnest Money, plus any accrued interest, will be returned to the Buyer, and Buyer will thereafter
promptly execute and deliver any and all documents necessary to effectuate the termination of this
Agreement.
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ME230-768-773170.v1
10. CLOSING DATE. The closing of the sale of the Property shall take place on a date to be
mutually agreed upon by Sellers and Buyer, but no later than 30 days following the expiration of
the Due Diligence Period (the “Closing Date”). The closing shall take place at Medina City Hall,
2052 County Rd 24, Medina, MN 55340, or such other location as mutually agreed upon by the
parties.
11. CLOSING COSTS AND RELATED ITEMS. Buyer shall be responsible for payment
of the Title Commitment (including all title search and examination fees), recording fees of
instruments required to establish marketable title for the Property, the state deed tax and
conservation fees, and any closing fee charged by the Title Company. Buyer shall also be
responsible for the payment of the title insurance premium (if any) and recording costs related to
the recording of the Deed. Buyer and Sellers shall each be responsible for their own attorneys’
fees and costs, if any.
12. “AS-IS” SALE. Buyer acknowledges that it has inspected or will have the opportunity to
inspect the Property and agrees to accept the Property “AS IS” with no right of set off or reduction
in the purchase price. Except for any express representations made in this Agreement, as well as
representations related to sewage treatment systems and wells, such sale shall be without
representation of warranties made by Sellers with respect to the physical condition of the Property,
including but not limited to, the existence or absence of petroleum, hazardous substances,
pollutants or contaminants in, on, or under, or affecting the Property or with respect to the
compliance of the Property or its operation with any laws, ordinances, or regulations of any
government or other body, except as stated above. Buyer acknowledges and agrees that Sellers
have not made and do not make any representations, warranties, or covenants of any kind or
character whatsoever, whether expressed or implied, with respect to warranty of income potential,
operating expenses, uses, habitability, tenant ability, or suitability for any purpose,
merchantability, or fitness of the Property for a particular purpose, all of which warranties Sellers
hereby expressly disclaim, except as stated above.
13. DISCLOSURES; INDIVIDUAL SEWAGE TREATMENT SYSTEM AND WELL.
Sellers disclose that there is an individual sewage treatment system and well serving the Property
and located thereon.
14. POSSESSION. Sellers shall transfer possession of the Property to Buyer on the Closing
Date. Sellers agree to remove from the Property any items of Sellers’ personal property no later
than the Closing Date. Items not removed by that date will become property of the Buyer after
closing and may thereafter be disposed of by Buyer, in its sole discretion.
15. BROKER COMMISSIONS. Sellers represent and warrant to Buyer that Sellers have not
involved a broker in this transaction or agreed to pay commission to any broker. Buyer represents
and warrants to Sellers that Buyer has not involved a broker in this transaction or agreed to pay
commission to any broker. Each party agrees to indemnify, defend, and hold each other harmless
for any and all claims for brokerage commissions or finders' fees in connection with negotiations
for purchase of the Property in accordance with this Agreement.
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ME230-768-773170.v1
16. DEFAULT. If Sellers, through no fault of Buyer, default in their obligations hereunder in
any manner, Buyer may, by notice upon Sellers, (i) terminate this Agreement, in which event all
Earnest Money paid hereunder shall immediately be delivered to Buyer, or (ii) avail itself of an
action for specific performance. If Buyer shall default in the performance of any of its obligations
hereunder, then Sellers shall be entitled to terminate this Agreement and, upon such termination,
Sellers shall retain all Earnest Money paid hereunder, as and for its liquidated damages and sole
remedy for said breach, and not as a penalty or forfeiture, actual damages being difficult or
impossible to measure, and no party hereto shall have any further claim against the other
hereunder.
17. NO MERGER OF REPRESENTATIONS, WARRANTIES. All representations and
warranties contained in this Agreement shall not be merged into any instruments or conveyance
delivered at Closing, and the parties shall be bound accordingly.
18. ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire
agreement between the parties, and no other agreement prior to this Agreement or
contemporaneous herewith shall be effective except as expressly set forth or incorporated herein.
Any purported amendment shall not be effective unless it shall be set forth in writing and executed
by both parties or their respective successors or assigns.
19. BINDING EFFECT; ASSIGNMENT. This Agreement shall be binding upon and inure
to the benefit of the parties and their respective heirs, executors, administrators, successors, and
assigns.
20. NOTICE. Any notice, demand, request, or other communication which may or shall be
given or served by the parties shall be deemed to have been given or served on the date the same
is deposited in the United States Mail, registered or certified, postage prepaid and addressed as
follows:
A. If to Sellers: Arthur and Marlene Scherber
2120 Chippewa Road
Medina, MN 55340
B. If to Buyer: City of Medina
Attn: Scott Johnson, City Administrator
2052 County Road 24
Medina, MN 55340
With a copy to: Kennedy & Graven, Chartered
Attn: David T. Anderson
150 South 5th Street, Suite 700
Minneapolis, MN 55402
21. COUNTERPARTS. This Agreement may be executed in any number of counterparts,
each of which shall constitute one and the same instrument.
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ME230-768-773170.v1
22. COOPERATION. Each party shall cooperate in a timely manner, shall take such further
action, and shall execute and deliver such further documents as may be reasonably requested by
the other party in order to carry out the provisions and purposes of this Agreement.
23. GOVERNING LAW. The provisions of this Agreement shall be governed by and
construed in accordance with the laws of the State of Minnesota.
24. PARTNERSHIP OR JOINT VENTURE. Nothing in this Agreement shall be construed
or interpreted as creating a partnership or joint venture between Sellers and Buyer relative to the
Property.
[signature page to follow]
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ME230-768-773170.v1
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
written below.
SELLERS:
By: _______________________
Arthur Scherber
Date: _______________________
By: _______________________
Marlene Scherber
Date: _______________________
BUYER:
CITY OF MEDINA
By: _______________________
Kathleen M. Martin
Its: Mayor
Date: _______________________
By: _______________________
Scott T. Johnson
Its: City Administrator
Date: _______________________
1
TO: Mayor Martin and Members of the City Council
FROM: Steve Scherer, Public Works Director
DATE: February 8, 2022
MEETING: February 15, 2022
SUBJECT: Hendrickson Bench Donation
Duane and Jan Hendrickson are donating $1,500.00 to furnish a bench at Hamel Legion Park
in memory of their son, David R. Hendrickson. The donation includes funds to cover the
cost of a plaque inlay.
Recommendation
Accept the donation of $1,500.00 to procure the bench and plaque; direct staff to respond
with a thank you letter to Duane and Jan Hendrickson.
MEMORANDUM
Agenda Item #5C
Resolution No. 2022-
February 15, 2022
Member ______ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2022-_____
RESOLUTION ACCEPTING PARK BENCH DONATION
FROM DUANE AND JAN HENDRICKSON
WHEREAS, Duane and Jan Hendrickson have generously offered to donate a
check in the amount of $1,500.00 (the “Donation”) to the city of Medina (the “City”);
and
WHEREAS, the Donation will be dedicated to Parks and Recreation for
procurement of a bench; and
WHEREAS, the City wishes to accept the Donation and express its gratitude to
Duane and Jan Hendrickson for their generosity.
NOW, THEREFORE, BE IT RESOLVED, by the city council of the city of
Medina, Minnesota, that the City accepts the Donation and thanks Duane and Jan
Hendrickson.
Dated: February 15, 2022.
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
____ 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.
1
TO: Mayor Martin and Members of the City Council
FROM: Steve Scherer, Public Works Director
DATE: February 7, 2022
MEETING: February 15, 2022
SUBJECT: Brush Grinding Contract - 2022
The City received the following quotes for brush grinding services to be performed at
City Hall, 2052 County Road 24:
Minnesota Topsoil
Grind and haul away wood waste/debris - $4.75/cubic yard
Compost/bagged yard waste, hauled off site - $5.95/cubic yard
Clean fill, hauled off site - $4.00/cubic yard
Mobilization - INCLUDED
Davey Tree Management
Grind and haul away wood waste/debris - $6.00/cubic yard
Compost/bagged yard waste hauled off site – NO QUOTE
Clean fill, hauled off site – NO QUOTE
Mobilization, set up Rotochopper grinder and front-end loader - $1000.00
Recommendation
It is the recommendation of staff to extend a contract to the lowest bid, Minnesota
Topsoil for $4.75/CY to grind and haul away wood waste; $5.95/CY to haul away yard
waste; and $4.00/CY to haul away clean fill as is needed.
Attachment(s)
• Brush Grinding Agreement
• Exhibit A – Minnesota Topsoil Quoted Prices
MEMORANDUM
Agenda Item #5D
1
BRUSH GRINDING AND COMPOST REMOVAL SERVICES AGREEMENT
This Agreement is made this 15th day of February 2022, by and between Minnesota Topsoil,
17455 Kelly Lake Road, Carver, MN 55315, a Minnesota corporation (the “Contractor”) and the City
of Medina, a Minnesota municipal corporation (the “City”).
Recitals
1. The City has been authorized to enter into a contract for brush grinding services and
compost removal; and
2. The City has approved the contract for brush grinding services and compost removal with
the Contractor; and
3. The parties wish to define the scope of services and terms of their agreement.
NOW, THEREFORE, the City and the Contractor agree as follows:
Terms
1.0 SCOPE OF SERVICES. The Contractor will perform brush grinding services and compost
removal for the City as directed by the Public Works Director.
2.0. TERM. The term and prices of this contract shall remain in effect from February 15, 2022
through December 30, 2022, or until such later date as may be mutually agreed upon.
3.0. COMPENSATION. The City shall compensate the Contractor at a rate of $4.75 per cubic
yard of wood waste/debris material ground and hauled away. Under the specific direction of the
Public Works Director, the Contractor will be compensated at a rate of $5.95 per cubic yard for
compost/bagged waste hauled away; and at a rate of $4.00 per cubic yard of clean fill hauled away.
Upon completion of the work invoice(s) shall include date of service and quantity in cubic yards.
4.0 INDEPENDENT CONTRACTOR.
4.01 Both the Contractor and the City acknowledge and agree that the Contractor
is an independent contractor and not an employee of the City. Any employee or subcontractor
who may perform services for the Contractor in connection with this Agreement is also not
an employee of the City. The Contractor understands that the City will not provide any
benefits of any type in connection with this Agreement, including but not limited to health or
medical insurance, worker’s compensation insurance and unemployment insurance, nor will
the City withhold any state or federal taxes, including income or payroll taxes, which may be
payable by the Contractor.
4.02 The Contractor will supply and use its own equipment and tools to complete
the services under this Agreement. The disposal site will be closed during grinding operations.
4.03 The Contractor acknowledges that any general instruction it receives from
the City has no effect on its status as an independent contractor.
2
5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City
from claims and liability for injury or damage to persons or property for all work performed by the
Contractor and its respective employees or agents under this Agreement. The Contractor shall name
the City as an additional insured under its commercial general liability policy in limits acceptable to
the City. Prior to performing any services under this Agreement, the Contractor shall provide
evidence to the City that acceptable insurance coverage is effective.
6.0 WORKER’S COMPENSATION.
6.01 The Contractor will comply with the provisions of the Minnesota worker’s
compensation statute as an independent contractor before commencing work under this
Agreement.
6.02 The Contractor will provide its own worker’s compensation insurance and will
provide evidence to the City of such coverage before commencing work under this
Agreement.
7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its
officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and
expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of
bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s
performance under this Agreement.
8.0 PAYMENT AND PERFORMANCE BOND. The Contractor may be asked to provide a
Payment and Performance Bond to the City at no additional cost to the City.
9.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will,
in all respects, be controlled and governed by the laws of Minnesota.
10.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of
another individual or company to provide services under this Agreement without first obtaining the
express written consent of the City.
11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire
Agreement between the parties, and no other agreement prior to or contemporaneous with this
Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported
amendment to this Agreement is not effective unless it is in writing and executed by both parties.
12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its
entitlement to any immunity under statute or common law.
13.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If
the contract is terminated early, the City will pay a prorated fee for the services performed to date in
that calendar year.
3
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
written above.
CITY OF MEDINA
By _____________________________
Kathleen Martin, Mayor
By __________________________________
Scott T. Johnson, City Administrator/Clerk
Minnesota Topsoil
(CONTRACTOR)
By ______________________________
From:Steve Scherer
To:Lisa DeMars
Subject:MN topsoil
Date:Wednesday, February 9, 2022 10:32:30 AM
Steve , sorry for the delay we have been waiting on the other end for any sort of numbers. Here’s
where we stand for 2022-2023:
Wood grinding and hauled off site $4.75/ cubic yard
Compost/ bagged yard waste $5.95/cubic yard hauled off site
Clean fill $ 4.00 / cubic yard hauled off site
Brandon Leistiko
minnesotatopsoil@gmail.com
Minnesota Topsoil
https://minnesotatopsoil.com
Minnesota Topsoil
17455 Kelly Lake Rd,
Carver, MN 55315, US
(952) 217-8143
Sent from my iPhone
Steve Scherer | Public Works Director | City of Medina
Direct: (763) 473-8842 • Fax: (763) 473-9359 • steve.scherer@medinamn.gov
2052 County Road 24 • Medina, MN • 55340
EXHIBIT A
1
TO: Mayor Martin and Members of the City Council
FROM: Steve Scherer, Public Works Director
DATE: February 7, 2022
MEETING: February 15, 2022
SUBJECT: Hunter Park Renovation Contracts
The City received the following quotes for continued renovations at Hunter Park:
Color Surfacing of Tennis and Pickleball Courts -
Lee Sports Surfacing, LLC $12,950.00
C&H Sport Surfaces, Inc. $12,045.00
Court Grading & Paving Asphalt –
Minnesota Roadways Co. $53,020.00
Bituminous Roadways, Inc. $48,900.00
DMJ Asphalt $43,575.00
Fencing (Backstop, Sideline, Tennis/Pickleball Court) –
Town & Country Fence $84,938.00
Dinius Fence (D’Fence) $38,240.00
Recommendation
It is the recommendation of Staff to extend contracts to the lowest bid contractors as
follows:
Court Surfacing Agreement to C&H Sports Surfaces, Inc. for $12,045.00; Asphalt
Agreement to DMJ Asphalt for $43,575.00 and Fence Agreement to D’Fence for
$38,240.00.
Attachment(s)
• Court Surfacing Agreement
• Exhibit A – C&H Sports Surfaces, Inc Proposal
• Asphalt Agreement
• Exhibit A – DMJ Asphalt Proposal
• Fence Agreement
• Exhibit A – D’Fence Proposal
MEMORANDUM
Agenda Items #5E, F, G
COURT SURFACE COLOR INSTALLATION AGREEMENT
This Agreement is made this 15th day of February 2022, by and between C & H Sport Surfaces, Inc.
2312 Seurer Street, a Minnesota corporation (the “Contractor”) and the City of Medina, a Minnesota
municipal corporation (the “City”).
Recitals
1. The City has been authorized to enter into a contract for court surface color installation;
and
2. The City has approved the contract for court surface color installation with the Contractor;
and
3. The parties wish to define the scope of services and terms of their agreement.
NOW, THEREFORE, the City and the Contractor agree as follows:
Terms
1.0 SCOPE OF SERVICES. The Contractor will perform court surface color installation for the
City. “Court Surface Color Installation” will consist of the Acrylic Color Surfacing Process, at Hunter
Lions Park in accordance with the attached Exhibit A.
2.0. TERM. The term of this contract will be from February 2022 to October 2022.
3.0 COMPENSATION. The City shall compensate the Contractor $12,045.00 for court surface
color installation at Hunter Lions Park, as defined in the Scope of Services above and approved by
the Public Works Director. The Public Works Director will have discretion to approve cost of
preparation of $3,500 to $5,250, in accordance with the Scope of Services above, and attached
Exhibit A.
3.01 The Contractor shall pay for all licenses and permits. These costs shall be
included in the bid cost in accordance with the attached Exhibit A.
4.0 INDEPENDENT CONTRACTOR.
4.01 Both the Contractor and the City acknowledge and agree that the Contractor
is an independent contractor and not an employee of the City. Any employee or subcontractor
who may perform services for the Contractor in connection with this Agreement is also not
an employee of the City. The Contractor understands that the City will not provide any
benefits of any type in connection with this Agreement, including but not limited to health or
medical insurance, worker’s compensation insurance and unemployment insurance, nor will
the City withhold any state or federal taxes, including income or payroll taxes, which may be
payable by the Contractor.
4.02 The Contractor will supply and use its own equipment, tools, and materials to
complete the services under this Agreement.
4.03 The Contractor acknowledges that any general instruction it receives from
the City has no effect on its status as an independent contractor.
5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City
from claims and liability for injury or damage to persons or property for all work performed by the
Contractor and its respective employees or agents under this Agreement. The Contractor shall name
the City as an additional insured under its general liability policy in limits acceptable to the City. Prior
to performing any services under this Agreement, the Contractor shall provide evidence to the City
that acceptable insurance coverage is effective.
6.0 WORKER’S COMPENSATION.
6.01 The Contractor will comply with the provisions of the Minnesota worker’s
compensation statute as an independent contractor before commencing work under this
Agreement.
6.02 The Contractor will provide its own worker’s compensation insurance and will
provide evidence to the City of such coverage before commencing work under this
Agreement.
7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its
officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and
expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of
bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s
performance under this Agreement.
8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will,
in all respects, be controlled and governed by the laws of Minnesota.
9.0 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota Government
Data Practices Act (the “Act”) and all other applicable state and federal laws relating to data privacy
or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by
the Contractor in performing its obligations is subject to the requirements of the Act, and the
Contractor must comply with the requirements of the Act as if the Contractor was a government entity.
10.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of
another individual or company to provide services under this Agreement without first obtaining the
express written consent of the City. The Contractor shall provide the City with copies of all contracts
for assigned services.
11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire
Agreement between the parties, and no other agreement prior to or contemporaneous with this
Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported
amendment to this Agreement is not effective unless it is in writing and executed by both parties.
12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its
entitlement to any immunities under statute or common law.
13.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
written above.
CITY OF MEDINA
By __________________________________
Kathleen Martin, Mayor
By __________________________________
Scott T. Johnson, City Administrator/Clerk
C & H Sport Surfaces, Inc.
(CONTRACTOR)
By ____________________________
Tim S. Carlson
C & H Sport Surfaces, Inc.
TIM CARLSON
2312 SEURER ST.
Since 7970
NEW MARKET, MN 55054
PHONE: 952-461-5678
FAX: 952-461-5679 Quality and Dependability
February 7, 2022
Steve Scherer, Public Works Director
2052 Co. Rd. 24
Medina, MN 55340
Email: stevescherer@medinamn.gov
RE: HUNTER PARK MEDINA, MN-TENNIS AND PICKLEBALL COURTS
Steve
Thank you for contacting C & H Sport Surfaces, Inc. regarding your pickleball court. We have been in the tennis court, basketball court and running
track industry for over SO years, we pride ourselves on quality workmanship and dependable service. We use the highest quality 100% acrylic
sport surfacing products for a longer lasting and stronger playing surface. C & H Sport Surfaces, Inc. is a member of the BBB, USTA and MASMS.
ACRYLIC COLOR SURFACING PROCESS TO INCLUDE: (NEW ASPHALT, APPROX. 1,600 SY):
•Attend flooding of new asphalt surface. Flooding of new surface to be done by asphalter or project owner.
•If necessary, power spray/hydro wash entire court surface to remove loose materials, embedded dirt and foreign oils to enhance the
bonding of the new surface application
•Patch and blend low areas of depth, > 1/8", after 1 hour of sun, using Acrylic Patch mixed according to the manufacturer specifications.
•Blend necessary, rough paving seams using Acrylic Patch mixed according to manufacture specifications.
•Prime necessary areas to enhance bonding of the new surface application.
•Apply 2, black, sand filled, 100% acrylic resurfacer coats over the entire asphalt surface according to the manufacture specifications.
•Apply 2, each, textured, acrylic color coats over the entire asphalt surface according to the manufacturer specifications.
2 colors to be chose from the standard colors: light green, dark green, red or and blue. One color for in bounds, one for out of bounds.
•Upon curing, apply 1 set of 2", white, regulation, tennis playing lines according to USTA layout specifications and apply 4 sets of 2",
white playing lines for pickleball courts, according to USAPA layout specifications.
Total cost to complete this project.. ............................................................................................................................................................................ $ 11,495.00
Saw cutting and filling of control joints down net/fence line (approx. 240 LF} additional.. ............................................................................... $ 550.00
*A pressured water source will be needed near project location.
*Sprinkler system near project location must be turned off.
*30 Day Cure for New Asphalt Courts.
*1 year manufacturer product warranty.
*Use of SportMaster Surfacing Products.
* Asphalt to meet ASBA specifications.
C & H Sport Surfaces, Inc. is fully insured for your project, and will issue a certificate of insurance upon request
If you have any further questions, please contact Tim at 952-461-5678.
Thank you,
•Tim�. Carlso;-S
C & H Sport Surfaces, Inc.
Acceptance of Proposal:The above prices and specifications are satisfactory and are hereby accepted. You are authorized to do the work as
specified above. Payment is to be made within 30 days of project completion date. An interest rate of 18% will be added to all accounts that
exceed the 30 day project completion date. Any collection fees due to nonpayment are to be paid by the customer. Cracks are not a warranty
item. Upon acceptance, the surface may be played on.
Date:_..,___..,___Authorized Signature: ___________________________ _A signed contract or PO# is required to schedule this project. I have read and understand the Terms and Conditions (p2) of this contract.
NOTE: We reserve the right to withdraw this proposal if not accepted within 15 days.
•TENNIS COURTS • PICKLE BALL COURTS • RUNNING TRACKS • BASKETBALL COURTS • SNOWPLOWING • 10 U LINES •
• email: chsportsurfaces@mchsi.com •www.chsportsurfaces.com •
EXHIBIT A
C & H SPORT SURFACES, INC.
TERMS AND CONDITIONS:
1)PRICING: The prices set forth herein are based upon current prices and may be subject to change.
2)CHANGE ORDERS: An additional charge may be made to purchases for any material or labor additional to that specified herein necessary to make
a complete installation in a workmanlike manner.
3)SITE CONDITIONS: Obstructions that may interfere with the installation shall be moved by Purchaser prior to commencing work. This contract
does not contemplate the encountering of rock, swampy conditions, or boulders, etc. Should any of these conditions be encountered, Purchaser
shall pay the actual cost of the additional work caused thereby, unless stated in this proposal.
4)JOB DELAYS: When work is started by C & H Sport Surfaces, Inc. under this contract, work may be continued to completion without interruption,
including, without limitations, interruptions caused by other contractors or changes in the plans of the Purchaser. In the event that C & H Sport
Surfaces, Inc. is required to withdraw from work after starting, Purchaser agrees to pay charges covering the actual expensed incurred. It is
understood that when C & H Sport Surfaces, lnc.'s crew reports to the job site, this constitutes starting work.
C & H Sport Surfaces, Inc. shall not be responsible for delays, defaults or damages occasioned by any causes beyond C & H Sport Surfaces, lnc.'s
control, including, without limitations, governmental actions or orders, embargoes, strikes, lock-outs, fires and weather.
5)UNDERGROUND OBSTRUCTIONS: Before work is started, Purchaser may be required to furnish C & H Sport Surfaces, Inc. with the location and
character of any underground wire, pipes, sewers, conduits, obstructions, conditions, or restrictions of any nature which might interfere with or be
damaged by C & H Sport Surfaces, Inc. in the course of the work or which might be the cause of injuries, or other damages. If the Purchaser fails to
do so, or if any of the aforesaid are omitted from the information furnished to C & H Sport Surfaces, Inc., the Purchaser agrees to release, indemnify,
hold harmless and defend C & H Sport Surfaces, Inc. from and against any and all liability, loss damages, fines and expenses caused thereby or from
any claims, demands, or suits base thereon.
6)WARRANTY: (If included in proposal) All materials used hereunder are guaranteed for a period of one year from manufacturer's defects and in the
event of any material failure, it will be repaired at labor costs only. The products used are guaranteed with respect to uniformity and quality. This
warranty does not cover any form of surface cracking or re-cracking. In no event shall C & H Sport Surfaces, Inc. be liable for any consequential
damages. There are no warranties which extend beyond the description of the face hereof, unless stated in the proposal.
7)PATCHING: of low areas may not completely eliminate the ponding of water when resurfacing of old tennis courts since acceptable original drainage
specifications no longer exist.
8)MEASUREMENTS: refer to surface coatings and are based on flat asphalt playing surface dimensions inside from fence to fence. Additional asphalt
on the outside the fence is not included and may be colored at additional costs.
9)BUILDING PERMITS: Permits if needed, including the payment of fees therefore shall be the sole responsibility of Purchaser.
10)BONDS, ADDITIONAL INSUREDS AND CERTIFICATES OF INSURANCE: will be issued upon request, at additional costs if necessary.
11)WATER SOURCE: Access to a pressured water source is required near project location at no cost to the contractor.
12)PREVAILING WAGES: This contract does not include prevailing wages unless "noted" on page 1 of contract.
13)PAYMENT: Payment shall be net cash upon receipt of invoice with 18% annual interest charges on accounts past 30 days. All accounts are payable in
United State funds, free of exchange, collection or other charges. C & H Sport Surfaces, Inc. reserves the right to lien the owner of the property if
timely payment is not received. Should the buyer default in its obligation herein, the buyer shall, in addition to other obligations herein, be liable to
C & H Sport Surfaces, Inc. for all costs of collection including reasonable attorney's fees.
14)THE PURCHASER: shall provide and maintain necessary fences, temporary enclosures and barricades to adequately protect the project from
persons and animals not involved with the contracted work, unless stated in the proposal.
15)SALE TERMS: The above and foregoing terms and conditions are the final expression of the terms and conditions of this contract, and are intended
as a complete and exhaustive statement of the agreement. Modifications or change shall only be permitted by a signed writing between the
Purchaser and c & H Sport Surfaces, Inc. This contract shall not be assigned by Purchaser, in whole or in part, without the written consent of
c & H Sport Surfaces, Inc. and shall be binding upon the successors, administrators, executors or assigns of the parties hereto. Waiver of any
default shall not be considered as a waiver of any subsequent default. No conditions, terms, agreements, or stipulations other than those stated
Herein shall be binding on C & H Sport Surfaces, Inc.
16)LAW: This contract is subject to all applicable laws, regulations and ordinances of any federal, state or local governmental authority or agency.
17)SURFACE INSPECTION: During the physical inspection, it may be difficult to determine how a surface will respond to power spraying.
While power spraying, bubbling or peeling may occur. If bubbling or peeling occurs, scraping of the surface, down to a solid substrate may be
necessary. If extensive or excessive surface peeling and/or a solid substrate cannot be found, other options will need to be explored, most likely
adding significant additional costs and time to complete the project. INITIAL AND RETURN COPY WITH SIGNED CONTRACT
ASPHALT INSTALLATION AGREEMENT
This Agreement is made this 16th day of February 2022, by and between DMJ Asphalt, 2392 Pioneer
Trail, P.O. Box 299, a Minnesota corporation (the “Contractor”) and the City of Medina, a Minnesota
municipal corporation (the “City”).
Recitals
1. The City has been authorized to enter into a contract for asphalt installation; and
2. The City has approved the contract for asphalt installation with the Contractor; and
3. The parties wish to define the scope of services and terms of their agreement.
NOW, THEREFORE, the City and the Contractor agree as follows:
Terms
1.0 SCOPE OF SERVICES. The Contractor will perform asphalt installation for the City.
“Asphalt Installation” will consist of finish install of class 5; grade for proper drainage and compact,
additional class 5 if needed supplied by city; install two (2”) inch base course of MN DOT
specification SWEA230C no RAP asphalt rolled and compacted; tack coat; and install one and one
half (1.5”) inch wear course of MN DOT specification SPWEA230C no RAP asphalt rolled and
compacted, at Hunter Lions Park in accordance with the attached Exhibit A.
2.0. TERM. The term of this contract will be from February 2022 to October 2022.
3.0 COMPENSATION. The City shall compensate the Contractor $38,325 for asphalt
installation at Hunter Lions Park, as defined in the Scope of Services above and approved by the
Public Works Director. The Public Works Director will have discretion to approve cost preparation
of $3,500 to $5,250, in accordance with the Scope of Services above, and attached Exhibit A.
3.01 The Contractor shall pay for all licenses and permits. These costs shall be
included in the bid cost in accordance with the attached Exhibit A.
4.0 INDEPENDENT CONTRACTOR.
4.01 Both the Contractor and the City acknowledge and agree that the Contractor
is an independent contractor and not an employee of the City. Any employee or subcontractor
who may perform services for the Contractor in connection with this Agreement is also not
an employee of the City. The Contractor understands that the City will not provide any
benefits of any type in connection with this Agreement, including but not limited to health or
medical insurance, worker’s compensation insurance and unemployment insurance, nor will
the City withhold any state or federal taxes, including income or payroll taxes, which may be
payable by the Contractor.
4.02 The Contractor will supply and use its own equipment, tools, and materials to
complete the services under this Agreement.
4.03 The Contractor acknowledges that any general instruction it receives from
the City has no effect on its status as an independent contractor.
5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City
from claims and liability for injury or damage to persons or property for all work performed by the
Contractor and its respective employees or agents under this Agreement. The Contractor shall name
the City as an additional insured under its general liability policy in limits acceptable to the City. Prior
to performing any services under this Agreement, the Contractor shall provide evidence to the City
that acceptable insurance coverage is effective.
6.0 WORKER’S COMPENSATION.
6.01 The Contractor will comply with the provisions of the Minnesota worker’s
compensation statute as an independent contractor before commencing work under this
Agreement.
6.02 The Contractor will provide its own worker’s compensation insurance and will
provide evidence to the City of such coverage before commencing work under this
Agreement.
7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its
officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and
expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of
bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s
performance under this Agreement.
8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will,
in all respects, be controlled and governed by the laws of Minnesota.
9.0 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota Government
Data Practices Act (the “Act”) and all other applicable state and federal laws relating to data privacy
or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by
the Contractor in performing its obligations is subject to the requirements of the Act, and the
Contractor must comply with the requirements of the Act as if the Contractor was a government entity.
10.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of
another individual or company to provide services under this Agreement without first obtaining the
express written consent of the City. The Contractor shall provide the City with copies of all contracts
for assigned services.
11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire
Agreement between the parties, and no other agreement prior to or contemporaneous with this
Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported
amendment to this Agreement is not effective unless it is in writing and executed by both parties.
12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its
entitlement to any immunities under statute or common law.
13.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
written above.
CITY OF MEDINA
By __________________________________
Kathleen Martin, Mayor
By __________________________________
Scott T. Johnson, City Administrator/Clerk
DMJ Asphalt
(CONTRACTOR)
By ____________________________
Brandon Snetsinger
Project Name: Hunter Park Courts
Project Location: Medina, MN
Section: Asphalt Paving/Finish Grade
Bid Date: January 26, 2022
Estimator: Brandon Snetsinger
Cell: 612-875-4215
Provisions / Notes: Bid based on 1 area totaling 1,573 s.y. finish grade and paving per plan
sheet L3.1. Access made available.
1.Subgrade prep and initial class 5 by others.
2.Finish install of class 5, grade for proper drainage and compact. Additional class 5 if needed
supplied by city.
3.Install two (2”) inch base course of MN DOT specification SWEA230C no RAP asphalt rolled
and compacted.
4.Tack coat.
5.Install one and one half (1.5”) inch wear course of MN DOT specification SPWEA230C no RAP
asphalt rolled and compacted.
Total cost prep- $3,500.00 - $5,250.00
Total cost paving- $38,325.00
*DBE Certified *WBE Contractor *CERT Program Certified*State of MN-TG/ED certified
Bid does not include:
•Installation of wear course after November 1st
•Manhole/catch basin adjusts
•Not more than _2_ paving mobilizations/_1_ base
mobilizations
•Patching that is not denoted on plan used for bidding
•Permits/City Licenses
•Saw-cutting
•Staking
•Class 5 gravel base or fine grading of must be to .02(+/-)
•More than 1 on-site check of sub-grade or gravel fine
grading acceptance
•Sub-grade to 1/10’
•Sweeping
•Testing
•Traffic Control
•Warranty of drainage with less than 1.5% fall
•Prevailing wage rates.
Bond available upon request with a 1.45% charge over proposed cost.
If this bid is not accepted within 30 days of this proposal, this quote is not valid without written consent from
DMJ Asphalt Inc.
A THIRD GENERATION CONTRACTOR
2392 Pioneer Trail
P.O. Box 299
Medina, MN 55340
763.478.6878 * Fax 763.478.2329
Email: brandon@dmjasphalt.com * www.dmjasphalt.com
EXHIBIT A
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PR: 1004.19
1000.68
DITCH BEGINS
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WYE 1
IE: 997.87 (VERIFY)
FLAT AREA
EX: 1003.49
EX: 1002.84
EX: 1002.80
PR: 1002.95
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1001.91
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EX: 1000.80
EX: 1000.80
PR: 1000.67
EX:1002.83
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RIM: ~999.05
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IE: 1000.68
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IE: 999.71
EX: 1003.4
PR: 1004.25
EX: 1003.5
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25 - 12" PVC @ 0.52%
103' - 12" PVC @ 0.50%
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IE: 998.00EX: 1000.00
PR: 1001.07EX: 1000.26
PR: 1001.73
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3.
5
"
SLOPE AWAY FROM COURT
COMPACTED GRANULAR BORROW (SP
SAND) - CONFIRM ACCEPTANCE OF
SUBGRADE MATERIAL/ CONDITION
AND COMPACTION PRIOR TO
PLACEMENT
8"
8" DEPTH OF 100% CRUSHED
LIMESTONE CLASS 5
AGGREGATE COMPACTED TO
100% SPD
24" WIDE X 5" THICK CONCRETE
MAINTENANCE STRIP WITH 1/2"
RADIUS EDGES
FENCE POSTS - SLEEVE THROUGH CONCRETE -
ALL 4.0" CORNER, END AND GATE POSTS TO BE
SET IN 18" DIA. X 60" DEEP CONCRETE FOOTING
(4000 PSI); ALL 3.0" LINE POSTS TO BE SET IN 12"
DIA. X 60" DEEP FOOTING
18"
12"
36
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ACRYLIC COLOR COAT
W/LINE STRIPING
THERE SHALL BE A CLEAR SPACE OF 1
INCH MINIMUM AND 1.5 INCH MAXIMUM
BETWEEN THE TOP OF THE CONCRETE
AND THE BOTTOM RAIL/CHAINLINK FENCE
FABRIC . THE FABRIC SHALL NOT BE
ALLOWED TO TOUCH THE CONCRETE
12
"
4" DRAIN TILE (CONTECH SLOT PERORATED
A-2000 PVC) IN ROCK TRENCH WITH GEOTEXTILE
GEOTEXTILE
1.5" WEAR COURSE TYPE SPWEA
230C (RAP FREE)
2" NON-WEAR COURSE TYPE
SPWEA 230C (RAP FREE)
SAND CUSHION BETWEEN
FOOTINGS AND CONCRETE
MAINTENANCE STRIP
TACK COAT
TOP OF ADJACENT SOIL GRADE TO
BE LEVEL WITH TOP OF PAVEMENT
WITH DOWN-SLOPE (TYP)
CHAINLINK FENCE FABRIC
INSTALLED ON INTERIOR SIDE
OF COURT (TYP)
12"
60
"
SAND BASE
4"
1'-3"
18" DIA. X 60" DEEP CONCRETE
FOOTING (4000 PSI); ALL 3.0" LINE
POSTS TO BE SET IN 12" DIA. X 60"
DEEP FOOTING
1
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SCALE IN FEET
0 20 40
SCALE:
PLAN BY:
DESIGN BY:
CHECK BY:
SHEET
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LEGEND:
EXISTING SPOT GRADE
EXISTING CONTOUR
PROPOSED CONTOUR88
9
889.58
HIGH POINTHP
EXISTING DECIDUOUS TREE
EXISTING CONIFER TREE
PROPOSED SPOT GRADE889.58
CROSS SLOPE DIRECTION
INVERT ELEVATIONI.E.
EXISTING GRADEEX
STORM SEWER
NON-PERFORATED DRAINTILEDTL
PERFORATED DRAINTILE
DTL
L3.1
AS SHOWN CA
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COURT PAVEMENT SECTION - TYPICAL CROSS SECTION DETAIL 1
L3.1
NYLOPLAST PVC CATCH BASIN2
L3.1
FENCE INSTALLATION AGREEMENT
This Agreement is made this 15th day of February 2022, by and between Dinius Fence, LLC
(D’FENCE), 18291 Territorial Road #2, a Minnesota corporation (the “Contractor”) and the City of
Medina, a Minnesota municipal corporation (the “City”).
Recitals
1. The City has been authorized to enter into a contract for fence installation; and
2. The City has approved the contract for fence installation with the Contractor; and
3. The parties wish to define the scope of services and terms of their agreement.
NOW, THEREFORE, the City and the Contractor agree as follows:
Terms
1.0 SCOPE OF SERVICES. The Contractor will perform fence installation for the City. “Fence
Installation” will consist of furnishing all labor, tools, and materials necessary to install the Backstop
and Sideline Fencing, and Tennis/Pickleball Courts Fencing, at Hunter Lions Park in accordance with
the attached Exhibit A.
2.0. TERM. The term of this contract will be from February 2022 to October 2022.
3.0 COMPENSATION. The City shall compensate the Contractor $38,240 for Backstop and
Sideline Fencing, and Tennis/Pickleball Courts Fencing at Hunter Lions Park, as defined in the Scope
of Services above and approved by the Public Works Director. The Public Works Director will have
discretion to approve additional compensation to adequately cover the cost of market fluctuations that
may require adjustments, if necessary. The Public Works Director will have discretion to approve a
$4000 deduction if tennis court line posts are driven 5’ into the ground (typical installation) in place
of concrete setting all these posts, in accordance with the Scope of Services above, and attached
Exhibit A.
3.01 The Contractor shall pay for all licenses and permits. These costs shall be
included in the bid cost in accordance with the attached Exhibit A.
4.0 INDEPENDENT CONTRACTOR.
4.01 Both the Contractor and the City acknowledge and agree that the Contractor
is an independent contractor and not an employee of the City. Any employee or subcontractor
who may perform services for the Contractor in connection with this Agreement is also not
an employee of the City. The Contractor understands that the City will not provide any
benefits of any type in connection with this Agreement, including but not limited to health or
medical insurance, worker’s compensation insurance and unemployment insurance, nor will
the City withhold any state or federal taxes, including income or payroll taxes, which may be
payable by the Contractor.
4.02 The Contractor will supply and use its own equipment, tools, and materials to
complete the services under this Agreement.
4.03 The Contractor acknowledges that any general instruction it receives from
the City has no effect on its status as an independent contractor.
5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City
from claims and liability for injury or damage to persons or property for all work performed by the
Contractor and its respective employees or agents under this Agreement. The Contractor shall name
the City as an additional insured under its general liability policy in limits acceptable to the City. Prior
to performing any services under this Agreement, the Contractor shall provide evidence to the City
that acceptable insurance coverage is effective.
6.0 WORKER’S COMPENSATION.
6.01 The Contractor will comply with the provisions of the Minnesota worker’s
compensation statute as an independent contractor before commencing work under this
Agreement.
6.02 The Contractor will provide its own worker’s compensation insurance and will
provide evidence to the City of such coverage before commencing work under this
Agreement.
7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its
officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and
expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of
bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s
performance under this Agreement.
8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will,
in all respects, be controlled and governed by the laws of Minnesota.
9.0 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota Government
Data Practices Act (the “Act”) and all other applicable state and federal laws relating to data privacy
or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by
the Contractor in performing its obligations is subject to the requirements of the Act, and the
Contractor must comply with the requirements of the Act as if the Contractor was a government entity.
10.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of
another individual or company to provide services under this Agreement without first obtaining the
express written consent of the City. The Contractor shall provide the City with copies of all contracts
for assigned services.
11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire
Agreement between the parties, and no other agreement prior to or contemporaneous with this
Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported
amendment to this Agreement is not effective unless it is in writing and executed by both parties.
12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its
entitlement to any immunities under statute or common law.
13.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
written above.
CITY OF MEDINA
By __________________________________
Kathleen Martin, Mayor
By __________________________________
Scott T. Johnson, City Administrator/Clerk
Dinius Fence, LLC (D’FENCE).
(CONTRACTOR)
By ____________________________
Venisa C. Dinius
I
City of Medina
ATTN: STEVE
RE: HUNTER PARK
COMMERCIAL & RESIDENTIAL FENCING
January 24'\ 2022
We propose to furnish all labor, tools and materials necessary to install the following fencing at the above reference site.
Backstop & Sideline Fence:
One 20x24x20 Backstop (20'H)
Approximately 120' of 6" high sideline chain link fencing (60' on each side)
Tennis/Pickleball Courts:
Approximately 610' of 10' high perimeter chain link fencing plus one interior fence run
Four TH x 4' W walk gates within perimeter fence ends
Approximately 160' of 4' high interior chain link fence runs between pickleball courts
THE ABOVE WORK CAN BE COMPLETED FOR THE TOTAL SUM OF: $38.240.00
If tennis court line posts can be driven 5' into the ground (typical installation) in place of concrete setting all these posts a deduct
of$ 4,000.00 would be applied.
Notes:
1)The above quote includes all applicable taxes.
2) The materials used in the above quote are per the plans and specifications provided.
Backstop Specs: 9 ga fabric on top ½ and 6 ga fabric on bottom ½, all 4" posts and 1-5/8" top, mid, intermediate & bt rails.
Sideline Specs: 9 Ga fabric, 3" End posts, 2-1/2" line posts and 1-5/8" top and bottom rails.
Tennis Specs: 9 Ga fabric, 4" End, corner & gate posts, 3 "' line posts and 1-5/8" top, middle and bottom rails.
Pickleball Specs: 9 Ga fabric, 3" End posts, 2-1/2" line posts and 1-5/8" top and bottom rails
3)The above quote DOES NOT include any concrete maintenance strip. All posts are to be installed before any concrete
maintenance strip is poured. NO posts sleeved through concrete.
4)The above quote DOES NOT include any cutting of asphalt, expansion felt or anything associated with asphalt/posts
installation. Rock drilling/driving for fence posts within the interior of courts is included.
5)The above quote DOES NOT include any off-site dirt removal.
6)All fences must be installed prior to final aglime, lawn, seeding installation occurs. Above quote DOES NOT include any
restoration to aglime, lawns or seeded areas. This work to be completed by others once fence installation is complete.
7)The above quote assumes that all fence lines will be cleared, grubbed and staked by City before any work can commence.
8)The above quote assumes that all digging will take place during normal working conditions (no frozen ground).
9)We are certified as a Women Owned Disadvantaged Business Enterprise (W/DBE).
••DUE TO THE IMPORT SA.'IICTIO:"IS O:"I ALL STEEL A:"ID LUM IM UM PRODUCTIS. THERE COULD BE SIG:"IIFCAT:"I MARKET FLUCTUA TIO:"IS THAT MAY REQUIREl ADJUSTMENTS TO ABOVE QUOTE. THEREFORE, THE ABOVE PRICE QUOTE IS SUBJECT TO CHA:"IGE. D'FE:"ICE CA:-.:"IOT GUARA:"ITEE OR PREDICT THE COSTS OF RAW OR OTHER MATERIALS USED I:"I THE ABOVE REFERE:-.CED JOB A:"ID A:"IY CHA:-IGE I:"I MARKET PRICES OR CO:-IDITIO:"IS MAY BE REFLECTED I:"I A CHA:-IGE OF THE ABOVI'l QUOTE. IF JOB IS ACCEPTED, THE MATERIALS MUST BE PURCHASED AND STORED WITHI:"115 DAYS OF AC CEPTA.'IICE. THE ABOVE PRICES ARE O:"ILY GOOD FOR 15 DAYS.
If you have any questions regarding the above quote, please contact me at your convenience.
Sincerely,
Venisa C. Dinius
VCD/Vl-22
18291 Territor ial Road #2
Maple Grove, MN 55369
Office: 763.428.2477
Fax: 763.428.4887
Cell: 612.282.9196
venisa@dfencecompany.com
EXHIBIT A
744 Aster Road Page 1 of 2 February 15, 2022
Easement Vacation (partial) City Council Meeting
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director
DATE: February 10, 2022
MEETING: February 15, 2022 City Council
SUBJECT: Balaji VenkataSubramanian – Easement Vacation (Partial) –
744 Aster Road Proposed – Public Hearing
Summary of Request
Balaji Venkatasubranian has requested to vacate the southern two feet of a 20-foot wide drainage
and utility easement running through the rear yard of 744 Aster Road within the Reserve of
Medina neighborhood.
The home was constructed close to the easement and the applicant has proposed that the City
vacate two feet of the easement to allow for construction of a more usable deck. The existing
easement would allow for an eight-foot wide deck, but the applicant was hoping for a wider
deck. The proposed vacation would allow a ten-foot wide deck.
There is a stormwater pipe running west to east within the easement. The pipe is maintained by
the Homeowner’s Association and the homes in this block connect their sump pumps to the pipe.
The City requested a utility locate and no other utilities were identified in the easement. The
easement also does not accommodate drainage from other properties. The Homeowner’s
Association management company did not respond to an invitation for comment.
The City Engineer and Public Works Director have reviewed the request. The pipe appears to be
approximately 7-8 feet deep. They recommend that the deck should be set back a distance equal
to the depth to allow for future excavation if necessary. Even though the pipe is privately
maintained, the easement serves the purpose of protecting the area of the pipe from construction.
The City Engineer and Public Works Director would support vacation of the southern two-feet
because they believe it would still be possible to access the pipe if necessary.
The attached survey shows the location of the home, the existing easement (in yellow), the area
proposed to be vacated (in red) and the location of the existing pipe (in green).
The easement was dedicated to the public in the Reserve of Medina plat. To reduce the size of
the easement, the formal process for vacating easements needs to be followed as described in
statute.
This easement continues through yards to the west and east of the site. The City has previously
approved a similar vacation request for the property to the west for construction of a deck.
MEMORANDUM
Agenda Item #7A
744 Aster Road Page 2 of 2 February 15, 2022
Easement Vacation (partial) City Council Meeting
Analysis
According to Minnesota Statute 462.358 subd. 7: “The governing body of a municipality may
vacate any publicly owned utility easement…which are not being used for sewer, drainage,
electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in
the same manner as vacation proceedings are conducted for streets…”
According to Minnesota Statutes 412.851, “The council may by resolution vacate any street,
alley, public grounds, public way, or any part thereof, on its own motion or on petition of a
majority of the owners of land abutting on the street, alley, public grounds, public way, or
part thereof to be vacated. When there has been no petition, the resolution may be adopted
only by a vote of four-fifths of all members of the council. No vacation shall be made unless
it appears in the interest of the public to do so after a hearing preceded by two weeks'
published and posted notice.”
The purpose of the public drainage and utility easement appears to have been to for the private
stormwater pipe underground. The City does have the right, but not obligation, to maintain
stormwater improvements if the HOA does not do so. As noted above, the City Engineer and
Public Works Director believe 18-feet of easement is sufficient for maintenance and do not
oppose the vacation.
As proposed, staff believes it is reasonable to conclude that it is in the interest of the public to
vacate the requested portion of the easement, because adequate width will remain for its intended
purpose.
Potential Action
Notice was published and mailed for a public hearing on the vacation at the February 15 Council
meeting. Staff received no contact from the notice.
Following the hearing, if the Council finds it in the public interest to vacate the easement
because adequate width would remain for its intended purpose, the following action could be
taken:
Move to adopt the resolution vacating a portion of the drainage and utility easements
within 744 Aster Road
Attachments
1. Resolution vacating a portion of the drainage and utility easements within 744 Aster Road
2. Survey showing pipe location
Resolution No. 2022-##
DATE
Member ________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2022-##
RESOLUTION VACATING A PORTION OF A
DRAINAGE AND UTILITY EASEMENT AT 744 ASTER ROAD
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Balaji Venkatasubramanian and Seethalakshmi Shambashivan, Trustees
under the Balaji Venkatasubramanian Living Trust, dated February 26, 2021 (the “Owners”) own
property located at 744 Aster Road (the “Property”), which is legally described in Exhibit A,
attached hereto; and
WHEREAS, drainage and utility easements were dedicated to the public upon certain
portions of the Property on the plat of Reserve of Medina; and
WHEREAS, the Owners have requested that the City vacate a portion of the drainage
and utility easement which runs west-to-east through the rear yard of the Property; and
WHEREAS, pursuant to Minn. Stat. § 462.358 subd. 7 and Minn. Stat. § 412.851, the City
scheduled a public hearing to consider the proposed vacation; and
WHEREAS, notice of the public hearing was posted, published in the official newspaper
and mailed to the owners of affected properties, all in accordance with law; and
WHEREAS, the City Council held a public hearing on the proposed vacation on February
15, 2022 at which hearing all interested parties were heard; and
WHEREAS, following the public hearing, the City Council determined that the remaining
easement is sufficient and vacation of a portion of the easement, as requested, allows additional use
of the Property without sufficiently impacting the intended use of the easement; and
WHEREAS, upon such finding, the City Council determined that the proposed vacation of
a portion of the drainage and utility easement is in the public interest.
Resolution No. 2022-## 2
DATE
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota as follows:
1. The portion of the drainage and utility easements upon the Property described in
Exhibit B are hereby vacated.
2. The city administrator or his designee is authorized and directed to prepare and
present to the Hennepin County Auditor a notice that the City has completed these
vacation proceedings and record the vacation of the portion of the easement
described in Exhibit B with Hennepin County.
Dated:
______________________________
Kathleen Martin, Mayor
ATTEST:
______________________________________
Scott T. Johnson, City Administrator/Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member ________
upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2022-## 3
DATE
EXHIBIT A
Legal Description of the Property
Lot 4, Block 2, Reserve of Medina, Hennepin County, Minnesota
Resolution No. 2022-## 4
DATE
EXHIBIT B
Legal Description of Vacated Easement
NOTE: See following page for depiction of Vacated Easement
Resolution No. 2022-## 5
DATE
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LEGAL
DESCRIPTION:
Lot 4,
Block 2, RESERVE OF MEDINA, ,- Hennepin County,
Minnesota Highest Roof
Peak. Elevation. f1057.2 Minimum Lowest
Floor Elevation. 1008.0 AS -BUILT
BUILDING ELEVATIONS Lowest Floor
Elevation. 6e9'21009.2 Top of
Foundation Elevation. ..1.01'7:11017.5 Garage Slab
Elevation (at door): .-1.81-7:61017.5 Carlson McCain
I
hereby
certify to Toll Brothers, Inc. 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. _- Dated this
9th day of November, 2018. Signed: a
son McCai Inc. - ENVIRONMENTAL = ENGINEERING ^
SURVEYING 3890 Pheasant
Ridge Drive NE, Suite 100,
Blaine, MN 55449 Phone: 763-
489-7900 Fax: 763-489-7959.: By. Thomas
R.
Balluff, L.S. 'eg.-No. 40361 Peter J.
Blomquist," L.S. Reg. No. 51676
Ordinance Amendment Page 1 of 4 February 15, 2022
Rooftop Elements City Council Meeting
+
TO: Mayor Martin and Members of the City Council
FROM: Colette Baumgardner, Planning Intern
Dusty Finke, Planning Director
DATE: February 9, 2022
MEETING: February 15, 2022 - City Council
SUBJECT: Ordinance Amendment – Rooftop Elements
Background
On November 3, 2021, the City Council directed staff to conduct a study on the regulation of
rooftop elements and adopted a moratorium prohibiting any rooftop element which extends more
than 12 feet above a roof.
The City Council and Planning Commission discussed potential methods to regulate rooftop
elements at the following meetings:
- December 14, 2021 – Planning Commission, Public Hearing
- December 21, 2021 – City Council
- January 11, 2022 - Planning Commission, Public Hearing
- January 18, 2022 – City Council
At the January 11th Planning Commission meeting, the Commission recommended the City
Council approve the ordinance presented by staff. The most significant parts of the ordinance
would regulate the height of architectural features and rooftop equipment using the framework in
italics below.
No architectural element shall extend higher than the greater of the following:
(i) 10 feet above the highest point of the roof on which it is located; or
(ii) a horizontal line 5 feet greater than the maximum building height allowed in the
respective zoning district in which it is located, as measured to the average grade.
No rooftop equipment, shall extend greater than 12 feet above the highest point of the roof on
which it is located, except by conditional use permit.
At the January 18th City Council meeting, the Council discussed five additional aspects of the
regulations related to height of architectural features, including:
- Conditional use permits
- Exception for religious use
- Limiting area of architectural features relative to the roof area
- Adding a further limitation on the distance a feature can extend above the roof it is on
- Varying standards based on zoning district.
MEMORANDUM
Agenda Item #8A
Ordinance Amendment Page 2 of 4 February 15, 2022
Rooftop Elements City Council Meeting
The majority of the council members agreed that further regulating height using the additional
methods above likely would not be necessary. The majority of the council members also agreed
the framework presented by staff and recommended by the Planning Commission would be
suitable.
The attached ordinance is intended to be consistent with the direction of City Council and
recommendation of Planning Commission. Since the ordinance was last discussed by the City
Council, the city attorney has considered questions and comments made by members of the
public and has no concern about the city’s authority to regulate rooftop elements in the manner
provided for in the proposed ordinance.
Based on discussion at the January 18 meeting, staff thought additional visual examples of the
height limitations of architectural elements might be a helpful prior to the Council’s final
approval.
Architectural Feature Height
The ordinance presented limits the height of architectural features using the text in italics below.
No architectural element shall extend higher than the greater of the following:
(i) 10 feet above the highest point of the roof on which it is located; or
(ii) a horizontal line 5 feet greater than the maximum building height allowed in the
respective zoning district in which it is located, as measured to the average grade.
The heights of 10 ft and 5 ft were selected based on the current architecture in Medina. To the
best of staff’s knowledge, these heights allow for all existing architectural features in Medina to
comply with the updated code except for the belfry at St. Anne’s Catholic Church and the spire
on Holy Name Church. Additionally, these heights are similar in range to the heights found when
studying surrounding community’s codes shown in Table 1.
Table 1: Surrounding Community Rooftop Element Regulations
Community Architectural Features Height
Plymouth 10 ft above the max building height or 50 ft, whichever is greater.
Increases allowed by CUP.
Maple Grove 10 ft above building height
Corcoran 10 ft above building height
Wayzata Greater of 40 ft in total height or 5 ft over building.
Increases allowed by CUP.
St. Louis Park Limit is 50% of the allowable building height, except for parapet walls
Minnetonka Explicitly does not regulate height of Architectural Features
Chanhassen Does not regulate height of Architectural Features,
except Parapet Walls: 4 ft above the max building height
Golden Valley Limited to allowable building height in area with provision to exceed
allowed
Minnetrista Height limitation can be increased by CUP, parapet walls are prohibited
Orono N/A – no regulation of architectural feature
Ordinance Amendment Page 3 of 4 February 15, 2022
Rooftop Elements City Council Meeting
The two sections of the ordinance are designed to accommodate features on top of peaked and
flat roofs. While both sections apply to all roof types, staff would practically expect for section
(i) to come into effect more often with pitched roofs and section (ii) for flat roofs. This is
because pitched roofs can exceed the building height allowed in a district. The height of a
pitched roof is measured to the average between the peak and the eave, meaning the peak often
exceeds the maximum building height allowed in a district. Figure 1 below shows how building
height is calculated for a pitched roof and how section (i) of the proposed ordinance applies to a
pitched roof.
Figure 1: Pictural Representation of Pitched Roof with an Architectural Feature
Figure 2 below shows how section (i), which limits a feature to 10 feet above the highest point of
the roof, will have a slightly different impact to overall height depending on the type of roof.
Figure 2: Pictural Representation of Varying Roof Types with an Architectural Feature
Figure 3 below shows how the height limit in section (i) is different than the height limit in
section (ii) on flat roofs. The ordinance allows the greater of 10 ft over roof where it is placed or
5 ft above the maximum height allowed in the district. The features on top of Flat Roof 1 and
Flat Roof 2 are greater than 10 ft in height, so they would be limited to 5 ft above the maximum
height in the district. Whereas, the feature on top of Flat Roof 3 would be limited to a height of
10 ft over the roof where it is placed.
Max Height
= 10 ft
Ordinance Amendment Page 4 of 4 February 15, 2022
Rooftop Elements City Council Meeting
Figure 3: Section (ii) Height Limits Compared to Section (i) Height Limits for Flat Roofs
Figure 3 highlights that the maximum height of a feature depends on the section of the roof
where it is placed. As drafted, the ordinance would allow instances where an element on a taller
roof can extend substantially higher from grade than an element on a lower roof. An element
would be able to extend even higher above grade if the roof was pitched. If the Council is
interested in reducing this differentiation between how far above grade the elements can extend
above lower roofs, the height in section (ii) could be updated from 5 ft to 10 ft (above the
maximum building height).
As noted above, the height of architectural features is ultimately dependent on the height allowed
in each zoning district. To help visualize this, the maximum height of each zoning district is
shown in the attachments for reference.
Potential Action
The ordinance included in the attachments has been posted on the website as required, so could
be adopted by the Council in this meeting. After the Council has finalized their review, the
following actions could be taken:
1. Move to adopt the ordinance implementing regulations pertaining to height of rooftop
elements [with following changes directed by Council, if any].
2. Move to adopt the resolution authorizing publication by title and summary.
Attachments
1. Draft Ordinance
2. Resolution Authorizing Publication by Title and Summary
3. Height Allowances by Zoning District
CITY OF MEDINA
ORDINANCE NO. ###
AN ORDINANCE AMENDING CHAPTER 8 OF THE CITY CODE
PERTAINING TO HEIGHT OF ROOFTOP ELEMENTS
The City Council of the City of Medina ordains as follows:
SECTION I. A new Section 825.22 is hereby added to the code of ordinances of the City of
Medina as follows:
Section 825.22. Height Limitations for Rooftop Elements. The building height limitation
established in each zoning district shall not apply to the objects and features described in this
section. The height of such objects and features shall be regulated as described herein.
Subd. 1. Rooftop Architectural Elements
(a) The following architectural elements and similar elements located on a structure shall be
subject to the regulations described in Subd. 1(b):
(i) Belfries
(ii) Spires or steeples
(iii) Weathervanes
(iv) Flags and flagpoles, if attached to a structure
(v) Cupolas and domes which do not contain useable space
(vi) Parapet walls
(vii) Other architectural elements
(b) No rooftop architectural element, as described in Subd. 1(a), shall extend above the greater
of the following:
(i) ten feet above the highest point of the roof on which it is located; or
(ii) a horizontal line five feet greater than the maximum building height allowed in the
respective zoning district in which it is located, as measured to the average grade.
Subd. 2. Rooftop Equipment
(a) The following rooftop equipment and similar equipment, when located on a structure,
shall be subject to the regulations described in Subd. 2(b):
(i) Chimneys or flues
(ii) Smokestacks
(iii) Cooling towers
(iv) Elevator penthouses
(v) Necessary mechanical and electrical appurtenances and related screening apparatus
(vi) Poles, towers, and other structures for essential services
(vii) Television, radio, or telecommunication antennas, excluding antennae regulated by
Section 828.75 et. seq.
(b) No rooftop equipment, as described in Subd. 2(a), shall extend greater than twelve feet
above the highest point of the roof on which it is located, except by conditional use
permit that shall be subject to the following conditions:
(i) The applicant shall establish, to the satisfaction of the City Council, that the
equipment is necessary for the function of the building and utilizing shorter
equipment is impractical or less advantageous.
(ii) The equipment shall not limit solar access to adjacent and/or neighboring
properties.
(iii) The city may require additional landscaping, screening and architectural
elements to minimize the impact of the taller mechanical elements.
(iv) The provisions of Section 825.39 are satisfied.
Subd. 3. Rooftop Solar Equipment shall be subject to the limitations described in Section
828.09.
SECTION II. Clause (f) of Section 815.05, Subd. 2 of the code of ordinances of the City of
Medina is amended by deleting the stricken language and adding the underlined language as
follows:
(f) Flags. No flag on a flagpole shall exceed 40 square feet in area. No single property shall
fly more than three flags at one time. Flagpoles shall not exceed extend more than 40
feet in heightabove grade, except if attached to a structure, in which case they shall be
regulated by Section 825.22. If the total area of the flags exceeds 72 square feet, the
excess area shall be included in any Sign Area calculations for the property. Wall-
mounted flags shall be limited to one flag per property and shall not exceed 20 square
feet in area;
SECTION III. Section 825.19, Subd. 2 of the code of ordinances of the City of Medina is
amended by deleting the stricken language as follows:
Subd. 2. No accessory building shall exceed 30 feet in height, with the exception of
buildings where agricultural use or farming is at the discretion of the City the primary use
of the property. Building projections or features, such as chimneys, cupolas, and similar
decorations that do not exceed 35 feet in height are permitted in residential districts.
Accessory building height shall be measured as set forth in section 825.07, subdivision
12 of the city code.
SECTION IV. Clauses (f) of Section 834.07, Subd. 1 of the code of ordinances of the City of
Medina regulating the Architectural Standards of the Uptown Hamel District is amended by
deleting the stricken language as follows:
(f) Height. New building heights shall not exceed three stories, except as
described herein. Along all street frontages and park property lines, building
heights exceeding two stories shall have the third story set back at least six feet
from the front line of the building, and the fourth story shall be set back 12 feet
from the front line of the building. Basement levels shall not be considered a
story, so long as more than 50 percent of the basement structure is below grade at
the average of all areas around the building. Total building height shall not exceed
50 feet., except structures such as belfries, chimneys, flues, monuments, cupolas
and domes which do not contain living space, are permitted, provided they are not
higher than 10 feet above the height of the building. In the case that the distance
from grade to the eave (or top corner of a flat roof) of a structure exceeds 30 feet,
additional fire suppression apparatuses may be required by the city. A fourth story
may be allowed if ten percent of residential units are dedicated affordable housing
units.
SECTION V. Clause (i) of Section 834.07, Subd. 1 of the code of ordinances of the City of Medina
regulating the Architectural Standards of the Uptown Hamel District is amended by deleting the
stricken language and adding the underlined language as follows:
(i) Equipment. Equipment shall not be mounted on the roof unless it can be
demonstrated that there is no other reasonable alternative. If allowed, rRooftop
equipment shall be screened using the architectural elements and material from
the building, provided they are consistent with these design standards, and shall
otherwise adhere to all requirements contained in Section 825.22.
SECTION VI. Subclause (s)(iv) of Section 831.07, Subd. 1 of the code of ordinances of the City
of Medina regulating the Design and Development Standards for the Urban Commercial district is
amended by deleting the stricken language and adding the underlined language as follows:
(s) Building Materials and Building Appearance –
(iv) Screening of Rooftop Equipment – All rooftop equipment shall be
designed to minimize undesirable views and forms when viewing rooftops
from higher elevations and abutting property. Equipment shall be screened
through the use of architectural elements and materials, which are
consistent with the design and architecture of the building. Wooden boards
or similar material constructed or assembled in a fence-type method or
design shall not be used to screen rooftop equipment. All requirements in
Section 825.22 shall also be adhered to. Screening elements should not
exceed 8 feet in height.
SECTION VII. Subclause (u)(v) of Section 833.07, Subd. 1 of the code of ordinances of the City
of Medina regulating the Design and Development Standards for the Industrial Park District is
amended by deleting the stricken language and adding the underlined language as follows:
(v) Screening of Rooftop Equipment – All rooftop equipment shall be
designed to minimize undesirable views and forms when viewing rooftops
from higher elevations or abutting property. Equipment shall be screened
through the use of architectural elements and materials, which are
consistent with the design and architecture of the building. Wooden boards
or similar material constructed or assembled in a fence-type method or
design shall not be used to screen rooftop equipment. All requirements in
Section 825.22 shall also be adhered to. Rooftop equipment and screening
elements shall not exceed 8 feet in height.
SECTION VIII. Upon the effective date of this ordinance, Ordinance No. 677, the interim
ordinance adopted by the city council on November 3, 2021, establishing a moratorium on
certain rooftop elements, as that term is defined therein, shall be repealed and be of no further
force or effect.
SECTION IX. This ordinance shall become effective upon its adoption and publication.
Adopted by the Medina city council this _____day of ______, 2022.
______________________________
Kathleen Martin, Mayor
Attest:
_________________________________________
Scott T. Johnson, City Administrator-Deputy Clerk
Published in the Crow River News on the ____ day of ______, 2022.
Resolution No. 2022-##
February 15, 2022
Member ________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2022-##
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. ### BY TITLE AND SUMMARY
WHEREAS, the city council of the City of Medina has adopted Ordinance No. ###, an
ordinance pertaining to height of rooftop elements; amending Chapter 8 of the City Code; and
WHEREAS, Minnesota Statues § 412.191, subdivision 4 allows publications by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the ordinance is four pages in length; and
WHEREAS, the city council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina
that the city clerk shall cause the following summary of Ordinance No. ### to be published in the
official newspaper in lieu of the ordinance in its entirety:
Public Notice
The city council of the City of Medina has adopted Ordinance No. ##, an ordinance pertaining to
height of rooftop elements. The ordinance added limitations to the height of both architectural
rooftop elements and rooftop equipment, summarized as follows:
No rooftop architectural elements shall extend above the greater of the following:
(i) ten feet above the highest point of the roof on which it is located; or
(ii) a horizontal line five feet greater than the maximum building height allowed in the
respective zoning district in which it is located, as measured to the average grade
No rooftop equipment shall extend greater than twelve feet above the highest point of the roof on
which it is located, except by conditional use permit.
The ordinance also repeals the interim ordinance regulations and moratorium on certain rooftop
elements which were established by Ordinance No. 677.
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 his office at city hall for public inspection and that he post a
full copy of the ordinance in a public place within the city.
Resolution No. 2022-## 2
February 15, 2022
Dated: February 15, 2022.
______________________________
Kathleen Martin, Mayor
ATTEST:
_________________________________
Scott T. Johnson, City Administrator/Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member ________
upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
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Independence
Medina
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EVERGREEN
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Zoning Map(Residential)
0 0.25 0.5 0.75 1Miles
Map Updated: July 5, 2019
Current to Ordinance #649
Legend
Non-Residential (see reverse)
Agricultural Preserve (AG) 40 ft*
Rural Residential (RR) 40 ft*
Rural Residential 1 (RR1) 30 ft
Rural Residential 2 (RR-2) 30 ft
RR-Urban Reserve (RR-UR) 30 ft
Suburban Residential (SR) 30 ft
Urban Residential (UR) 30 ft
Single Family Residential (R1) 35 ft**
R1 - rezoning pending
Two-Family Residential (R2) 35 ft**
R2- rezoning pending
Residential-Mid Density (R3) 35 ft**
Residential-Multiple Family (R4) 45 ft
Multiple Family Residential (MR) 30 ft
Uptown Hamel (UH) 50 ft
Planned Unit Development (PUD) N/A
*Requirements on the use of space between 30ft
and 40 ft in height. Can only be some portions of
single family home or a farm building
**All non-sprinklered buildings are limited to 30 ft
except R1, R2, R3, MU, and MXR districts limited
to 32 ft
Note: In some districts, the height is also limited by
the number of stories allowed.
Katrina
Independence
Medina
Spurzem
Peter
School Lake
Holy Name
Half Moon
Wolsfeld
Mooney
Winterhalter
Krieg
Miller
Thies
Ardmore
Hidden Lake
HAMEL
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HACKAMORE
HOLLYBUSH
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Zoning Map
0 0.25 0.5 0.75 1Miles
Map Updated: July 5, 2019
Current to Ordinance #649
(Non-Residential)
Legend
Rural Business Holding (RBH) 30 ft
Rural Commercial Holding (RCH) 30 ft
Sanitary Landfill (SL) 35 ft
PUD (Non-Res) N/A
Residential - see reverse
Uptown Hamel (UH) 50 ft
Business Park (BP) 35 ft
Business (B) 35 ft*
Industrial Park (IP) 35 ft
Commercial-Highway (CH) 35 ft
Commercial Highway-Railroad (CH-RR) 45 ft
Commerial-General (CG) 35 ft
Commercial-Neighorhood (CN) 35 ft
Rural Public/Semi-Public (RPS) 35 ft
Rural Residential-2 (RR-2) 30 ft
Public/Semi-Public (PS) 30 ft
*45 ft allowed in Business District, if fire marshal
approval
Note: In some districts, the height is also limited
by the number of stories allowed.
Planning Department Update Page 1 of 2 February 15, 2022
City Council Meeting
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director
DATE: February 10, 2022
MEETING: February 15, 2022 City Council
Land Use Application Review
A) 744 Aster Road Easement Vacation – Balaji Venkatasubranian has requested to vacate the
southern two feet of a 20-foot wide drainage and utility easement running through the rear
yard of 744 Aster Road. A public hearing has been scheduled for the February 15 City
Council meeting.
B) Marsh Pointe Preserve Preliminary Plat – 4250-4292 Arrowhead Drive – BPS Properties has
requested Preliminary Plat approval for a 30-lot subdivision east of Arrowhead Drive south of
Bridgewater. The City previously reviewed a concept plan for the project. The Council
reviewed on February 2 and directed staff to prepare approval documents, which staff intends to
present at the March 1 meeting.
C) Abraham Accessory Dwelling Unit CUP – 3003 Hamel Road – Chad and MT Abraham have
requested a CUP for a guest home to be constructed along with their new home at 3003 Hamel
Road. The Planning Commission held a public hearing at the February 8 meeting and
unanimously recommended approval. Staff intends to present to the Council on March 1.
D) Cates Ranch/Willow Drive Warehouse Industrial – Comprehensive Plan Amendment and
Environmental Assessment Worksheet – Oppidan has requested review of an EAW and a
Comprehensive Plan Amendment for a warehouse/industrial development east of Willow Drive,
north of Chippewa Road. The Planning Commission held a public hearing on January 11 and
voted 4-3 to recommend approval of the Comprehensive Plan amendment. The comment period
has ended and staff is preparing findings for the EAW. Staff is tentatively planning to present
the EAW and Comp Plan Amendment at the March 1 meeting.
E) Prairie Creek Final Plat – Stelter Enterprises has requested final plat approval for a 17-lot villa
subdivision at 500 Hamel Road. Staff is conducting preliminary review and will present to the
City Council when complete, potentially at the March 1 meeting.
F) Deng Septic Variance – 2472 Parkview Drive – Jet Deng has requested a variance to
reconstruct and expand an existing septic drainfield in its existing location. Staff has scheduled
a public hearing for the March 1 City Council meeting.
G) Hamel Townhomes Pre Plat and Site Plan Review – Hamel Townhomes LLC has requested
preliminary plat and site plan review approval for a 30-unit townhome development at 342
Hamel Road. Staff is conducting preliminary review and will schedule for a public hearing
when complete.
H) Loram/Scannell Environmental Assessment Worksheet (EAW) – Loram and Scannell have
submitted materials for the City to prepare an EAW for a warehouse/industrial development east
of Arrowhead Drive, south of Highway 55, to the south of Loram’s existing facility. The
Council authorized release of the EAW for comment on February 2. The comment period will
expire on March 17 and staff will present draft findings after the deadline.
MEMORANDUM
Planning Department Update Page 2 of 2 February 15, 2022
City Council Meeting
I) 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.
J) Meander Boardwalk and Park PUD Concept Plan – south of Meander Road, west of
Cavanaugh Drive – Medina Ventures has requested review of a PUD Concept Plan for a
commercial development. The concept shows a day care facility (7,500 s.f.), a venue
(concerts/weddings/educational), and approximately 12,000-15,000 s.f. commercial space. The
Planning Commission held a public hearing on January 11, provided comments, and was
generally supportive of the concept. The City Council provided comments at the February 2
meeting. The project will now be closed and staff will await a formal application.
K) 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, October 19, and November 3
meeting. The applicant updated plans to be consistent with the recently adopted interim
ordinance pertaining to rooftop elements. The Council adopted a resolution for approval at the
November 16 meeting. The applicant has indicated that they will likely not begin construction
until spring.
L) 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. The Council reviewed at the November 16 Council meeting and provided
comments. The applicant has requested that the City Council remain open, as they are
considering potential updates to their Concept Plan.
M) Adam’s Pest Control Site Plan Review, Pre Plat, Rezoning – Pioneer Trail Preserve – These
projects have been preliminarily approved and the City is awaiting final plat application.
N) Caribou Cabin-Pinto Retail, Baker Park Townhomes, Johnson ADU CUP, Hamel Brewery,
St. Peter and Paul Cemetery – The City Council has adopted resolutions approving these
projects, and staff is assisting the applicants with the conditions of approval in order to complete
the projects.
O) Weston Woods, 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 began researching regulations in other communities and
reviewing existing rooftop elements within the City. The Planning Commission recommended
approval of the ordinance at the January 11 meeting and the City Council discussed on January
18. Staff intends to present the ordinance for potential adoption at the February 15 meeting.
B) Hackamore Road – staff met with representatives from Corcoran to discuss next steps for the
Hackamore Road project. At this point, the consensus was to target June 2022 for the cities to
authorize final design to potentially prepare for bidding during February 2023 and construction
during 2023.
C) Street Funding strategy – staff met to discuss funding strategies for anticipated street projects
which have been identified on the CIP.
D) Welcome Brenda Ruth! – Brenda joined the team January 28 as Planning and Building
Assistant. Feel free to stop by and say hello!
TO: Honorable Mayor and City Council
FROM: Jason Nelson, Director of Public Safety
DATE: February 10, 2022
RE: Department Updates
In the previous two weeks the Minneapolis Police Department was in the news again with an officer
involved shooting resulting from a no-knock search warrant. I want the council to know that I have
looked at our practices and past experiences with serving warrants. In the 22 years that I have been
here, to my knowledge, we have never conducted a no-knock warrant in the city. We have been
involved in drug and other investigations where they have been done in the past.
I have spoken with the Hennepin County Supervisor who oversees the West Metro Drug Task Force.
He did indicate they do use no knock warrants; depending on a criterion that they have set up, if they
think one is applicable then it is sent to the SWAT team for review. After this, there are four layers for
approval including the signing judge to determine if it is appropriate. If one is approved, the warrant
is conducted by their SWAT teams and the task force members are used as outer perimeter support.
The past two weeks are the first time in months that we have not had a staff member home with
something Covid related. I am hoping that the peak has passed, and we can move towards a spring
and summer in which it is not affecting everyone’s lives.
Chief Van Eyll advised that the Long Lake Fire Department has partnered with HCMC and now can
test our firefighters for Covid and receive the results within 24 - 48 hours. They are doing the testing
at the Long Lake Fire Station and will allow police officers to also be part of this. The tests are taken
at Long Lake and then will be delivered to HCMC that day. This has been done because they were
finding that it was hard to get a Covid test without waiting a day or two to schedule the test and then
another day or two to get the results. This will cut down on the time police/fire will be out.
Patrol:
The following are updates of Patrol Officers between January 22, 2022, and February 8, 2022:
Officers issued 16 citations and 42 warnings for various traffic offenses, responded to 3 property
damage accidents, 20 medicals, 4 suspicious calls, 5 traffic complaints, 13 assists to other agencies, 16
business/residential alarms.
On 01/24/2022 Officer was dispatched to a suspicious person in Target. Asset Protection was
reporting a known shoplifter was in the store and was in the act of concealing items. Officers arrived
in the area and learned that the person had dropped the items they were concealing and left. Officer
was able to locate the vehicle the person had left in and conducted a traffic stop. Occupant was
identified and cited for traffic violations. Since the person dumped the items, they were concealing
there was no theft.
On 01/25/2022 Officer was dispatched to a reported domestic in the 200 block of Mallard Lane,
Loretto. Upon arrival Officer learned of an argument between adult mother/daughter and the mother
had grabbed the arm of daughter and spit on her. Mother, who appeared intoxicated, was arrested for
domestic assault and transported to Hennepin County Jail.
On 01/27/2022 Officer responded to take a fraud report in the 900 block of Highway 55. Business
reported fraudulent transactions on their business account of more than $7,000. Business was
expected to be reimbursed for the fraudulent charges by the bank. The case was forwarded to
Investigations for review.
On 01/28/2022 Officer was dispatched to a possible injured eagle in the south ditch of Highway 55.
Passerby reported a young eagle had been standing in the ditch for past five hours. Officer arrived in
the area and found a dead deer carcass in the ditch. Numerous eagle prints in the snow around the
carcass, it is believed the eagle had been feeding on the carcass throughout the day. Reporting party
was advised.
On 01/28/2022 Officers were dispatched to a business in the 800 block of Tower Drive. Employees
reported another employee had showed up for work intoxicated and was possibly now trying to leave.
Officers arrived and located the intoxicated female sitting in the back seat of her vehicle. She was
ultimately arrested for DWI. A search warrant was signed for a blood sample from the female, who
was transported to West Health in Plymouth. Female was released pending the blood test results.
On 02/01/2022 Officer was dispatched to a parking complaint at the Dominium Development.
Manager reported a vehicle parked in multiple parking spots. Officer advised manager that this was
private property and police could not do anything about the parking issue.
On 02/02/2022 Officer was made aware of a Facebook post reporting a person having a gun pointed at
them while driving along County Road 19. Officer was able to track down the person who made the
post to get further information. Person reported a vehicle was driving slowly and weaving all over the
road. Person reported honking at the other car and a passenger in the car held up a gun and pointed it
at them. Person had only a limited description of the other vehicle. He was advised to call 911 if an
incident like this ever happens again.
On 02/03/2022 Officer took a harassment complaint by phone. Business manager reported they had
fired an employee. That employee was now sending unwanted text messages and advising they would
be showing up the following day to confront another employee. Officer attempted to call the
terminated employee but was unable to make contact. A text message was left advising them not to
show up at the business and any belongings and paychecks would be mailed.
On 02/05/2022 resident reported a suspicious vehicle in the 4500 block of Trillium Drive South.
Resident reported passenger in the vehicle had possibly stolen mail out of a mailbox. Resident had
obtained a license plate on the suspicious vehicle. Case was forwarded to investigations for follow up.
At this time no known items were reported missing.
On 02/07/2022 person stopped by our office to make a harassment report. Person reported a male had
approached and made unwanted advances on her. The male then was possibly following her around as
she shopped inside Target. As she left the store the male again approached her and made another pass
at her. Female was able to get into her vehicle and the male pulled up next to her in his vehicle and
showed her a picture of a penis on his cell phone. The female then left and drove a different way
home to make sure the male wasn’t following her. She was able to obtain a license plate of the male’s
vehicle. Case will be forwarded to Investigations for follow up.
Investigations:
Continued update to the Willow Drive burglary. Additional investigations have been conducted with
regards to the suspect, and additional search warrants have been executed. This investigation is
ongoing.
Began an investigation into a fraud report, where approximately $9,000 dollars was sent via Venmo to
two unknown individuals in the promised return of Bitcoin, a confirmed scam where nothing was sent
back in return. Four administrative subpoenas have been issued to corresponding organizations with
regards to the investigation.
Last council meeting in my investigations update I reported on a theft that had occurred, where the
victim’s credit cards were used at Medina Target and the Plymouth Home Depot. I have since learned
that the suspect has also committed similar crimes in Richfield and Shakopee and a mutual
investigation is on-going between all involved agencies.
There are currently 14 cases assigned to investigations.
1
TO: Mayor Martin and Members of the City Council
FROM: Steve Scherer, Public Works Director
DATE February 8, 2022
MEETING: February 15, 2022
SUBJECT Public Works Update
STREETS
• The streets have been rather quiet the past couple weeks with just a few minor
dustings of snow.
• Soon we will be sending out the annual road material bids for paving and
miscellaneous street work and materials.
• The Chippewa Road extension project is moving along once again. The culverts
and watermain under the culverts are being installed this week prior to spring
thaw. We are working with the Marsh Pointe group to coordinate the two projects.
• Coordination of the OSI driveway relocation and Arrowhead turn lane project
continues as we prepare for a busy summer.
WATER/SEWER/STORMWATER
• Public Works met with contractors at the treatment plant for an inspection prior to
quoting the media replacement. The quotes have come in higher than the
allowable legal quote limit, so we are moving to a formal bidding process.
• I have received the treatment plant expansion feasibility report for review and will
share in the near future.
• Last week Public Works participated in an internal cross-training / learning
session where they rebuilt some water valves and a hydrant.
PARKS/TRAILS
• Public Works will soon solicit RFPs for lawn maintenance on city properties.
Historically we’ve entered into a two-year agreement with the sub-contractor.
• A Brush Grinding contract is in your packet, for work to begin immediately at
City Hall.
• Court fencing, bituminous installation, and coating and striping contracts are in
your packet for the Hunter Lions Park renovation project.
• A purchase agreement is in your packet for the property acquisition on Chippewa
Road.
• Staff has received one applicant for the open Park Commission seat.
MEMORANDUM
2
• Public Works has been cleaning up dead trees in Hariots Woods (Enclave) as a
continuation of our clearing and reforestation efforts.
• A park bench donation resolution is included in your packet in memory of David
R. Hendrickson, 31 years old, who passed away unexpectedly of natural causes in
July 2021.
PERSONNEL
• The Public Works Maintenance Worker position has been posted with Minnesota
Rural Water, The League of Minnesota Cities, the Crow River News, in Local
Ties, on our website, and on multiple local social media pages.
• Lisa has now officially relocated to Public Works.
MISC
• Cleanup Day is on the calendar for Saturday April 30, 2022. Lisa has started the
process of coordinating services for the event. In March we will evaluate the
status of the pandemic and make a recommendation to Council on whether the
event should open back up to include food.
ORDER CHECKS FEBRUARY 2, 2022 – FEBRUARY 15, 2022
52599 HENN COUNTY INFO TECH .................................................. $2,289.83
52600 KENNEDY & GRAVEN CHARTERED .................................. $13,801.25
52601 WSB & ASSOCIATES ........................................................... $44,350.00
52602 BEAUDRY OIL & PROPANE .................................................. $1,705.80
52603 BROCK WHITE..................................................................... $12,076.35
52604-52611 VOID .............................................................................................. $0.00 PRINTING ISSUE
52612 COMPASS MINERALS AMERICA INC ................................. $14,747.51
52613 CONTEMPORARY IMAGES ........................................................ $41.60
52614 ECM PUBLISHERS INC .............................................................. $79.15
52615 GRAINGER.................................................................................. $16.02
52616 LAW ENFORCEMENT LABOR .................................................. $585.00
52617 METRO WEST INSPECTION ............................................... $14,878.46
52618 MN SECRETARY OF STATE-NOTARY .................................... $120.00
52619 ROLF ERICKSON ENTERPRISES INC .................................. $9,457.65
52620 STAR TRIBUNE........................................................................... $64.77
Total Checks $114,213.39
ELECTRONIC PAYMENTS FEBRUARY 2, 2021 – FEBRUARY 15, 2022
006251E PR PERA .............................................................................. $18,751.50
006252E PR FED/FICA ....................................................................... $18,170.73
006253E PR MN Deferred Comp ........................................................... $3,014.00
006254E PR STATE OF MINNESOTA .................................................. $4,265.36
006255E CITY OF MEDINA ........................................................................ $24.00
006256E FURTHER .............................................................................. $1,784.37
006257E MN CHILD SUPPORT PAYMENT ............................................. $959.70
Total Electronic Checks $46,969.66
PAYROLL DIRECT DEPOSIT – FEBRUARY 2, 2022
0511614 BILLMAN, JACKSON CARROLL .............................................. $443.32
0511615 COOK, JUSTIN W .................................................................... $627.32
0511616 ALBERS, TODD M. ................................................................... $230.87
0511617 ALTENDORF, JENNIFER L. .................................................. $1,324.33
0511618 BARNHART, ERIN A. ............................................................ $2,788.42
0511619 BAUMGARDNER, COLETTE J ................................................. $355.09
0511620 BOECKER, KEVIN D. ............................................................ $2,810.65
0511621 CAVANAUGH, JOSEPH ........................................................... $230.87
0511622 CONVERSE, KEITH A. .......................................................... $2,586.68
0511623 DEMARS, LISA ...................................................................... $1,578.43
0511624 DESLAURIES, DEAN ............................................................... $230.87
0511625 DION, DEBRA A. ................................................................... $2,091.93
0511626 ENDE, JOSEPH..................................................................... $2,008.32
0511627 FINKE, DUSTIN D. ................................................................ $2,869.01
0511628 GLEASON, JOHN M. ............................................................. $2,098.18
0511629 GREGORY, THOMAS ........................................................... $2,183.36
0511630 HALL, DAVID M. .................................................................... $2,128.19
0511631 HANSON, JUSTIN ................................................................. $2,833.08
0511632 JACOBSON, NICOLE ............................................................ $1,156.39
0511633 JESSEN, JEREMIAH S. ......................................................... $2,574.08
0511634 JOHNSON, SCOTT T. ........................................................... $2,271.89
0511635 KLAERS, ANNE M. ................................................................ $1,616.28
0511636 LEUER, GREGORY J. ........................................................... $2,318.56
0511637 MARTIN, KATHLEEN M ........................................................... $327.07
0511638 MCGILL, CHRISTOPHER R. ................................................. $1,473.72
0511639 MCKINLEY, JOSHUA D ......................................................... $2,130.95
0511640 NELSON, JASON .................................................................. $2,795.91
0511641 REID, ROBIN ............................................................................ $230.87
0511642 REINKING, DEREK M ........................................................... $2,564.17
0511643 RUTH, BRENDA L. ................................................................... $191.30
0511644 SCHARF, ANDREW .............................................................. $1,643.69
0511645 SCHERER, STEVEN T. ......................................................... $2,527.20
0511646 VINCK, JOHN J ..................................................................... $1,950.81
0511647 VOGEL, NICHOLE ................................................................. $1,091.94
0511648 BURSCH, JEFFREY .............................................................. $1,483.25
Total Payroll Direct Deposit $57,767.00