HomeMy Public PortalAbout04.19.2022 City Council Meeting Packet Posted 4/15/2022 Page 1 of 1
AGENDA FOR THE REGULAR MEETING
OF THE MEDINA CITY COUNCIL
Tuesday, April 19, 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 April 5, 2022 Regular Council Meeting
B. Minutes of the April 6, 2022 Local Board of Appeal and Equalization Meeting
C. Minutes of the April 13, 2022 Local Board of Appeal and Equalization Meeting
V. CONSENT AGENDA
A. Approve Hackamore Road Reimbursement Agreement
B. Approve Curb and Concrete Installation Services Agreement
C. Approve Street Striping Services Agreement
D. Approve D’Fence Amended Agreement
E. Approve Mill and Paving Services Agreement
F. Approve Seal Coating Services Agreement
G. Adopt Resolution Approving MnDOT Master Partnership Agreement
H. Adopt Resolution Updating 2022 City Appointments
I. Adopt Resolution Granting Amended Final Plat Approval for Weston Woods
J. Adopt Ordinance Establishing a PUD for Weston Woods and Amending the Official Zoning Map
K. Approve Weston Woods Planned Unit Development Agreement
L. Adopt Resolution Granting Amended CUP Approval for Expansion of McDonald’s Drive-Through Lane
M. Approve 3692 Pinto Drive Development Agreement
N. Adopt Resolution Accepting Donation from the Hamel Lions Club
VI. COMMENTS
A. From Citizens on Items Not on the Agenda
B. Park Commission
C. Planning Commission
VII. PRESENTATION
A. 2021 Audit Presentation – Abdo
VIII. NEW BUSINESS
A. Stormwater Pollution Prevention Plan - Public Hearing
B. Long Lake Water Association Project
C. Marsh Pointe Final Plat - Public Hearing
D. Arrowhead Drive Contract
IX. CITY ADMINISTRATOR REPORT
X. MAYOR & CITY COUNCIL REPORTS
XI. APPROVAL TO PAY BILLS
XII. CLOSED SESSION: Attorney-Client Privileged Discussion on Litigation Related to Zoning Violation at
2402 State Highway 55 Pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(b)
XIII. 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: 648 121 885#
MEMORANDUM
TO: Medina Mayor and City Council
FROM: Scott Johnson, City Administrator
DATE OF REPORT: April 12, 2022
DATE OF MEETING: April 19, 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: 648 121 885#
V. CONSENT AGENDA
A. Approve Hackamore Road Reimbursement Agreement –Staff has been working with the
City of Plymouth related to improvements they intend to construct to County Road 47.
The improvements extend across County Road 101 to a portion of Hackamore Road and
would also include replacement of signals. Plymouth has requested a cost-share for a
portion of the signal improvements from Medina and Corcoran. Staff recommends
approval.
See attached agreement.
B. Approve Curb and Concrete Installation Services Agreement – Staff recommends
approval of the agreement with Schmidt Curb Company for 2022.
See attached agreement.
C. Approve Street Striping Services Agreement – Staff recommends approval of the 2022
street striping agreement with Sir Lines-A-Lot
See attached agreement.
D. Approve D’Fence Amended Agreement – On February 15, 2022 the Council approved
the fencing contract for the backstop, sideline and tennis/pickleball court at Hunter Park
with Dinius Fence (D’Fence) for $38,240.00. The only other contractor to submit a bid
for the fencing was Town & Country Fence, who quoted $84,938.00. On April 7, 2022
Dinius Fence informed Staff that a terrible mistake was made in the quoting process; and
their bid included materials but not labor, or equipment to complete the work. Dinius
Fence is asking the City to accept an amended bid to correct what was an honest mistake
that has the magnitude to devastate their business. Staff recommends approval.
2
See attached agreement.
E. Approve Mill and Paving Services Agreement – Staff recommends approval of the 2022
mill and paving services agreement with Omann Brothers.
See attached agreement.
F. Approve Seal Coating Services Agreement – Staff recommends approval of the 2022 seal
coating services with Pearson Brothers.
See attached agreement.
G. Adopt Resolution Approving MnDOT Master Partnership Agreement – Staff
recommends approval of the updated MnDOT master partnership agreement. This
updates the current agreement with Medina to work with MnDOT to design, construct
and maintain state and local roads. Staff recommends approval.
See attached agreement.
H. Adopt Resolution Updating 2022 City Appointments – The updated appointments for
2022 adds Council Member Todd Albers as an alternate for the Public Safety Liaison and
as the alternate for the Hamel VFD Relief Board to make sure Medina has two
representatives at the meetings. Staff also updated the 2022 Staff responsibilities to show
Caitlyn Walker in her City Clerk role for Medina.
See attached resolution and spreadsheet.
I. Adopt Resolution Granting Amended Final Plat Approval for Weston Woods – Staff
recommends approval of the Final Plat Resolution for Weston Woods as directed at the
April 5, 2022 City Council meeting. Staff has provided a red line of the resolution
compared to the version previously adopted by Council. The official version of the
documents approved will be converted to a “clean” copy for the records.
See attached resolution.
J. Adopt Ordinance Establishing a PUD for Weston Woods and Amending the Official
Zoning Map – Staff recommends approval of the PUD and amending the official zoning
map for Weston Woods as directed at the April 5, 2022 City Council meeting. Staff has
provided a red line of the ordinance compared to the version previously adopted by
Council. The official version of the documents approved will be converted to a “clean”
copy for the records.
See attached ordinance.
3
K. Approve Weston Woods Planned Unit Development Agreement – Staff recommends
approval of PUD agreement for Weston Woods as directed at the April 5, 2022 City
Council meeting.
See attached agreement.
L. Adopt Resolution Granting Amended CUP Approval for Expansion of McDonald’s
Drive-Through Lane – Staff recommends approval of the amended CUP as directed at the
April 5, 2022 City Council meeting.
See attached resolution.
M. Approve 3692 Pinto Drive Development Agreement – The developer plans to construct
an approximately 2,590-square foot, two-unit building on the Property to be used for
retail purposes, including drive-thru accommodations for the western unit. The plan is
consistent with the City Council approved site plan and conditional use permit for the
Property via Resolution No. 2021-86. Staff recommends approval.
See attached agreement.
N. Adopt Resolution Accepting Donation from the Hamel Lions Club – The Hamel Lions
Club has generously offered to donate a check in the amount of $124,840. The Donation
will be dedicated to finance a Daktronics Outdoor Video Baseball Scoreboard at Paul
Fortin Memorial Field in Hamel Legion Park. The City wishes to accept the Donation
and express its gratitude to the Hamel Lions Club for their generosity. Staff recommends
approval.
See attached resolution.
VII. PRESENTATION
A. 2021 Audit Presentation – Abdo – Justin Nilson from Abdo will be present at the
meeting to present and address any questions regarding the 2021 audit.
Recommended Motion: Accept the 2021 Audit from Abdo.
VIII. NEW BUSINESS
A. Stormwater Pollution Prevention Plan – Annual Public Hearing – Public Works Director
Steve Scherer will be providing a presentation of 2021 accomplishments and future best
management practices (BMP’s) for the City’s SWPPP. The City is required to conduct
an annual public hearing on the SWPPP. WSB will have an engineer present at the
meeting to answer any technical questions and provide updates regarding stormwater
projects in Medina. No action is needed on this item.
See attached presentation.
4
B. Long Lake Water Association Project – The Long Lake Waters Association (LLWA) has
requested that Medina contribute toward a carp removal project in Long Lake this spring.
The partnership in this subwatershed has worked together (with varying levels of
involvement) on studying carp impacts and managing carp in Long Lake. Medina
contributed $7,500 toward the analysis. LLWA has shown leadership in advocacy,
funding and administering much of the carp efforts on Long Lake. With information
obtained as part of the analysis, LLWA has led efforts on carp removals. Staff supports
continued collaboration with the Partnership. LLWA is an interested and active group of
residents who have shown a propensity to support water quality efforts with their
expertise, advocacy efforts, and financial resources throughout the subwatershed. The
partnership could lead to future project opportunities in Medina. LLWA indicates the
City of Long Lake authorized $5,000 and the City of Orono decided to not contribute.
Potential Action: Move to authorize payment of $4,200 or 1/6 of the total cost
(whichever is greater) from the Environmental Fund toward the 2022 carp removal
project as described in the materials submitted by Long Lake Waters Association.
C. Marsh Pointe Final Plat - Public Hearing - The applicant has requested final plat
approval for the project. The subject site is located east of Arrowhead Drive and south of
Bridgewater. More work is needed on this application before it is ready for final Council
review. Staff anticipates this will occur at the May 3rd meeting. The City’s practice is to
establish Storm Sewer Improvement Taxing District over development sites as a “back-
up plan” if the homeowner’s association does not maintain stormwater improvements.
Because notice was provided for the Storm Sewer Improvement Tax District for the April
19th meeting, staff recommends that the City Council hold the hearing, close the hearing,
and table consideration of the Tax District ordinance until the May 3rd meeting so all the
requested approvals are brought forward to the City Council at the same time for
consideration.
Potential Action: Motion to table consideration of the ordinance establishing the Marsh
Pointe Storm Sewer Improvement Tax District to the May 3, 2022 meeting.
D. Arrowhead Drive Contract - On February 1, 2022 the City Council adopted a resolution
approving the project plans/specifications and authorized advertisement for bids. Bids
were received electronically and opened on March 4, 2022. With the project now bid and
including the low bid amount into the project cost calculation, the total estimated project
cost is $875,500.00 which includes a 10% contingency and indirect costs for legal,
engineering, administrative, and financing. The City entered into a petition and waiver
agreement with Arrowhead Holdings (owner of the OSI property) wherein the owner
agreed to contribute proportionally. Approximately 40% will be assessed to the OSI
property, up to a maximum of $357,710 towards the project. OSI has also agreed to
relocate their driveway to align with Meander Road. The City’s Capital Improvement
5
Program (CIP) includes improvements for Arrowhead Drive north of Highway 55 during
2022.
Potential Action: Adopt the resolution accepting the lowest responsible bid and
awarding the contract to New Look Contracting, Inc. for the Arrowhead Drive Turn Lane
Expansion Project in the amount of $609,541.00.
XI. APPROVAL TO PAY BILLS
Recommended Motion: Motion to approve the bills, EFT 006303E-006327E for $107,695.10
and order check numbers 052736-052791 for $323,272.57, and payroll EFT 0511716-0511776
for $118,016.69.
XII. CLOSED SESSION: Attorney-Client Privileged Discussion on Litigation Related to
Zoning Violation at 2402 State Highway 55 Pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(b)
INFORMATION PACKET:
• Planning Department Update
• Police Department Update
• Public Works Department Update
• Claims List
Medina City Council Meeting Minutes
April 5, 2022
1
DRAFT 1
2
MEDINA CITY COUNCIL MEETING MINUTES OF APRIL 5, 2022 3
4
The City Council of Medina, Minnesota met in regular session on April 5, 2022 at 7:00 5
p.m. in the City Hall Chambers. Mayor Martin presided. 6
7
Martin commented that the meeting is being held in a virtual format due to the ongoing 8
pandemic and provided instructions for public participation. 9
10
I. ROLL CALL 11
12
Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid. 13
14
Members absent: None. 15
16
Also present: City Administrator Scott Johnson, City Attorney Dave Anderson, Finance 17
Director Erin Barnhart, City Engineer Chuck Rickart, City Planning Director Dusty Finke, 18
and Chief of Police Jason Nelson. 19
20
II. PLEDGE OF ALLEGIANCE (7:03 p.m.) 21
22
III. ADDITIONS TO THE AGENDA (7:04 p.m.) 23
The agenda was approved as presented. 24
25
IV. APPROVAL OF MINUTES (7:04 p.m.) 26
27
A. Approval of the March 15, 2022 Work Session City Council Meeting Minutes 28
Moved by Martin, seconded by Albers, to approve the March 15, 2022 work session City 29
Council meeting minutes as presented. 30
31
A roll call vote was performed: 32
33
DesLauriers aye 34
Albers aye 35
Cavanaugh aye 36
Reid aye 37
Martin aye 38
39
Motion passed unanimously. 40
41
B. Approval of the March 15, 2022 Regular City Council Meeting Minutes 42
Moved by Martin, seconded by Reid, to approve the March 15, 2022 regular City Council 43
meeting minutes as presented. 44
45
A roll call vote was performed: 46
47
DesLauriers aye 48
Albers aye 49
Cavanaugh aye 50
Reid aye 51
Medina City Council Meeting Minutes
April 5, 2022
2
Martin aye 1
2
Motion passed unanimously. 3
4
V. CONSENT AGENDA (7:06 p.m.) 5
6
A. Approve Resolution of Support for the People of Ukraine 7
B. Approve Resolution Authorizing Closure and Transfer of Debt Service 8
Funds 9
C. Approve 2022 Road Materials and Equipment Bid 10
D. Approve Uptown Hamel Market Analysis and Redevelopment Feasibility 11
Study Request for Proposals 12
Moved by Cavanaugh, seconded by DesLauriers, to approve the consent agenda. 13
14
A roll call vote was performed: 15
16
DesLauriers aye 17
Albers aye 18
Cavanaugh aye 19
Reid aye 20
Martin aye 21
22
Motion passed unanimously. 23
24
VI. COMMENTS (7:08 p.m.) 25
26
A. Comments from Citizens on Items not on the Agenda 27
There were none. 28
29
B. Park Commission 30
Johnson commented that the Park Commission held a lengthy discussion related to the 31
Fortin Field scoreboard request which is before the Council tonight. He reported that the 32
Commission will next meet on April 20th. 33
34
C. Planning Commission 35
Finke reported that the Planning Commission will meet the following week to hold public 36
hearings related to requests for the Hamel townhome development at 342 Hamel Road, 37
a variance to tear down and rebuild an existing barn at 2055 Tamarack Drive, discussion 38
pertaining to electric vehicle regulations, and an ordinance amendment to the sign 39
ordinance related to signs internal to public park land. 40
41
VII. NEW BUSINESS 42
43
A. Hamel Athletic Club – Fortin Field Scoreboard (7:13 p.m.) 44
Johnson stated that HAC and the Hamel Hawks have requested to install a new digital 45
scoreboard at Paul Fortin Field. He stated that funding is being provided by the Hamel 46
Lions and the Council could accept that through formal resolution at a future meeting. 47
He stated that HAC has requested that the City pay for electrical work at a cost up to 48
$5,000. He noted that there has been a lot of discussion on this topic by the Park 49
Commission and the Park Commission did not support the funding request of up to 50
$5,000 based on other park priorities. 51
Medina City Council Meeting Minutes
April 5, 2022
3
1
Finke stated that there is one action item before the Council tonight related to the 2
proposed scoreboard, by HAC, the Hamel Hawks and Hamel Lions. He stated that if the 3
Council approves the action, staff will bring back a resolution to accept the donation from 4
the Hamel Lions. He noted that the second question would be whether the City would 5
want to partner in the project for a cost of up to $5,000 for the electrical services. He 6
noted that the Park Commission did not recommend approval of the $5,000 cost and 7
suggested that if the existing scoreboard were sold, those proceeds could be used to 8
fund the electrical costs for the new sign. He stated that because of the scale of the 9
dynamic display, staff did look at the existing regulations. He noted that in the past 10
permits have not been required for scoreboards and related internal field advertising. He 11
stated that staff suggests formalizing that exemption within the sign ordinance, noting 12
that would proceed forward through the review process and would be approved before 13
the sign is installed. 14
15
Martin asked for the input of the Council related to the scoreboard request and related 16
funding. 17
18
Cavanaugh commented that he believes this is a fantastic idea, noting there are many 19
other uses of the scoreboard such as community movies. He stated that he did have the 20
benefit of virtually attending the Park Commission meeting and it sounded like the 21
applicants were okay covering the cost for the electrical. He stated that in regard to the 22
old scoreboard, his first preference would be to reuse that at another field in the city 23
rather than selling it. He did recognize that it may need to be sold to help the applicants 24
cover costs. 25
26
Martin asked who owns the existing scoreboard. 27
28
Cavanaugh noted that it is a City owned sign. 29
30
Albers commented that there would be a cost in moving the existing sign to another 31
location and therefore he would like the estimated cost for doing so before making that 32
decision. He was also curious if the sign is readily sellable and could be sold in a 33
reasonable amount of time. He stated that he does support the new scoreboard and 34
believes it would be a value and benefit to the field. He commented that he would be 35
okay supporting the $5,000 cost for electric, but if the applicants are fine covering that 36
cost, he would support that as well. 37
38
Martin asked if Cavanaugh would agree to review the cost/benefit analysis in 39
determining whether it would be feasible to reuse the existing scoreboard. 40
41
Cavanaugh agreed. 42
43
Reid commented that the new sign looks great and would support the recommendation 44
of the Park Commission for the City not to provide the $5,000 cost. She stated that she 45
would also be curious to the cost of reusing the scoreboard in another location and if it is 46
feasible, she is fine reusing the sign elsewhere. 47
48
DesLauriers commented that the sign will add value to the City. He commented that 49
staff should make the decision as to what to do with the old scoreboard. He believed 50
that the City should pay the $5,000 if the applicants are willing to pay $120,000 for the 51
Medina City Council Meeting Minutes
April 5, 2022
4
new scoreboard. He commented that he does have concern that Finke is going to 1
develop an ordinance amendment after the fact. He stated that one of the ways HAC 2
will pay the Hamel Lions back for their donation is through advertising on the sign. He 3
was concerned that an amendment could limit the ability of HAC to generate revenue in 4
that manner. 5
6
Martin agreed that the sign is great as proposed and would be of great value to the City 7
and its ballfields. She also agreed that the City could pay a maximum of four percent of 8
the total cost of the sign or up to $5,000, whichever is greater. She stated that she 9
would also agree to leave the decision of what to do with the existing sign up to staff. 10
She noted that both she and DesLauriers would support the City contributing up to a 11
maximum of $5,000, but no greater than four percent of the sign and asked the other 12
members if they would support that action. 13
14
Cavanaugh, Albers, and Reid all expressed support for that proposal. 15
16
Moved by Martin, seconded by DesLauriers, to accept the proposal to install a new 17
scoreboard at Paul Fortin Field in a design consistent with the proposed design in the 18
agenda packet and that the City fund the greater of $5,000 or four percent of the total 19
sign cost. 20
21
Further discussion: Andy Servi, HAC, thanked the Council for their comments and 22
support. 23
24
Martin commented that because Medina is a small city, it relies on organizations such as 25
HAC to enhance athletic opportunities for the children in the community. She thanked 26
HAC and the partnering organizations for doing so much to provide baseball and other 27
sports activities. 28
29
A roll call vote was performed: 30
31
Cavanaugh aye 32
Albers aye 33
Reid aye 34
DesLauriers aye 35
Martin aye 36
37
Motion passed unanimously. 38
39
Martin asked staff for more information on the proposed sign ordinance issue. 40
41
Finke commented that staff is preparing an amendment to the sign ordinance which 42
would add to the list of exemptions dynamic display scoreboards and signs that are 43
internal to public park land. He explained that those things would be exempt to the 44
regulations in the sign ordinance. He stated that the public hearing has been noticed for 45
the Planning Commission meeting the following week and then will come forward to the 46
City Council. 47
48
Martin commented that her concern would be whether the Council would continue to see 49
these types of requests, should that amendment be adopted. 50
51
Medina City Council Meeting Minutes
April 5, 2022
5
Finke commented that in this case the Council would still review the request as it will be 1
installed in a City park and ultimately be owned by the City. He stated that staff could 2
put some thought into that review process or a narrower exemption within the ordinance. 3
4
Albers commented that he is conflicted as he would believe an ordinance review would 5
proceed this discussion. He stated that he would want to have review rights for signs 6
posted on public property. He stated that again that he would have preferred to see the 7
proposed ordinance amendment before reviewing this request. 8
9
Martin noted that perhaps the exemption would apply to signs on public property 10
because the City would still have review of those requests. 11
12
Albers asked if tennis club signage would be reviewed, noting that it would be internally 13
facing rather than externally facing. 14
15
Martin commented that she would believe it would be subject to regulations. She noted 16
that a sign could be internally facing but at a height of 50 feet which impacts other 17
properties. 18
19
Reid commented that signs should be reviewed on a case-by-case basis as there are a 20
lot of variables. She noted that at least the Planning Commission should continue to 21
review the signs. 22
23
Cavanaugh commented that the carve out should only apply to City owned properties 24
and/or park land for exemptions. He stated that the City should still review signage for 25
Three Rivers properties or other properties. He stated that the Council would still review 26
signs for any City owned property and therefore did not see a problem with an 27
exemption of that nature. 28
29
Albers, Reid, and Cavanaugh confirmed that they would be comfortable with that as well. 30
31
B. Cates Industrial Park – Jeff and Chris Cates – Comprehensive Plan 32
Amendment (7:43 p.m.) 33
Johnson stated that the Cates have requested a Comprehensive Plan amendment and 34
concept plan review for development of approximately 665,000 square feet of 35
warehouse, light industrial, office buildings on 70 acres. 36
37
Finke identified the subject property location, which is currently agriculture, zoned rural 38
residential/urban reserve, and designated as future development area in the 39
Comprehensive Plan. He stated that the amendment would propose to reguide the 40
property as business development within the current phase of staging. He reviewed the 41
surrounding land uses. He noted that the goals, principles, and objectives of the 42
Comprehensive Plan should be considered when reviewing an amendment request. He 43
reviewed the history of planning and previous guiding for the parcel going back to 2000. 44
He provided details on the Environmental Assessment Worksheet (EAW) was completed 45
and noted that it was determined that an Environmental Impact Statement (EIS) would 46
not be needed. 47
48
Martin asked whether or not a business building in the current staging plan fits the vision 49
of the City for these 70 acres. She noted that once that is decided, they could then go 50
into more detail. She stated that if this property were reguided in the Comprehensive 51
Medina City Council Meeting Minutes
April 5, 2022
6
Plan, the development would still be subject to all ordinances and necessary approvals, 1
and that reguiding could be subject to all of those approvals similar to what was done 2
with Weston Woods. She stated that unlike Weston Woods, the developer will most 3
likely not propose a Planned Unit Development (PUD), which would provide the Council 4
with a higher level of scrutiny, higher development and architectural standards, and 5
natural resources preservation. She asked if the Council is willing to say that this fits 6
within their vision for this 70 acres in the current staging plan. 7
8
Finke commented that there was a lot of technical information related to infrastructure 9
that was included in the staff report. 10
11
Reid stated that there was a previous agreement with the City that mandates that the 12
lower portion of the property could be rezoned to business if requested by the property 13
owners. She asked staff to verify whether that is correct. 14
15
Finke replied that the attorney for the applicant referenced that settlement agreement 16
which was included in the application. He stated that in 2000 the City agreed to 17
designate the property as urban commercial. He stated that applied not only to the 30 18
acres to the south, but the 40 acres to the north. He noted that the City Attorney has 19
provided his opinion on that agreement 20 years later. 20
21
Martin commented that in her opinion, that agreement and its impact, applied to the 22
southern portion of the site. She stated that this is an application to amend the 23
Comprehensive Plan, not only those 30 acres, but the 40 acres to the north and 24
therefore the impact of that agreement would only apply if the applicant came in with a 25
proposal for only the southern 30 acres that was the subject of that agreement. She 26
noted that if the proposal came forward in that manner, the Council would then discuss 27
whether that agreement applies. She stated that this proposal would amend the 28
Comprehensive Plan for 70 acres, and over half of that property was not the subject of 29
that agreement, therefore the agreement does not come into play until the application is 30
reduced to only the 30 acres that was included in the agreement. 31
32
Anderson stated that the agreement itself and City’s obligations to reguided property 33
only applies to the southern parcel of the two parcels included in this application. He 34
stated that he has reviewed that very closely and provided his opinion to the Council on 35
the fact that despite the language in the agreement, the obligations to the City written in 36
the agreement were adhered to in 2000 when the property was reguided and made 37
developable for a period of ten years. He stated that from his standpoint, the obligations 38
of the City were not something that would be an obligation remaining in place forever. 39
He stated that as land uses, visions, and goals change over time, the City had the 40
authority to reguide the property in the future; therefore, he does not believe the City is 41
contractually obligated to rezone the site. He asked the Council to use its discretion to 42
decide whether the vision for this area aligns with the request presented tonight to 43
determine whether it would support the reguiding of the property. He noted that perhaps 44
the goals and visions for this area may have changed since the Comprehensive Plan 45
was adopted a few years ago and the Council will need to make its determination. 46
47
Finke called attention to infrastructure, noting that development should be proportional to 48
the infrastructure that could support it. He provided additional details on transportation 49
noting that when Highway 55 is converted to four lanes, it could support development 50
but there would be impacts to the local systems until that time and provided additional 51
Medina City Council Meeting Minutes
April 5, 2022
7
details. He stated that the development would require improvements to local roads and 1
highlighted those items. He provided details on sewer and water. 2
3
Martin asked if this were to move forward, how the commitment of the development 4
would be secured to make such improvements. She asked whether the applicant would 5
contribute to the expansion of Highway 55 and related signal improvements. She also 6
asked how the land would be secured for the lift station. 7
8
Finke commented that if the Council were supportive of the land use, conditioned upon 9
securing some of these improvements that would be necessitated by the development, 10
the Council would conditionally approve the Comprehensive Plan which would be 11
submitted to the Metropolitan Council for review and approval. He stated that the 12
ultimate enactment of the plan amendment would not be completed until some of these 13
more specific conditions had been settled within a development agreement. He stated 14
that the ultimate adoption of the plan amendment would be conditioned upon achieving 15
those things within the development agreement. 16
17
Anderson agreed with Finke. He stated that this would be similar to Weston Woods in 18
the sense that the Comprehensive Plan amendment would be conditioned upon all 19
requisite land use approvals and land use entitlements coming forward. He stated that 20
they would ensure the transportation needs were met in order to accommodate the site 21
and that all easements were received. He stated that when this area ultimately becomes 22
developed, it will need to be served by a lift station which has been planned for although 23
a specific location or site has not yet been identified. He stated that there is some 24
uncertainly and uniqueness to the area. He stated that if the Council believes this 25
guiding is appropriate for the area, this could provide some certainty in the location of a 26
lift station as easements could be required as part of the platting. 27
28
Martin asked for the opinion related to the Comprehensive Plan amendment as 29
requested and whether that meets the vision for this 70 acres. 30
31
Anderson commented that it is also important to note that a Comprehensive Plan 32
amendment requires a four fifths vote of the Council. 33
34
DesLauriers noted that he would like to hear from Albers as he was a part of the 35
Comprehensive Plan Steering Committee and would perhaps have input on why the 36
property was guided as future development area (FDA). 37
38
Albers stated that the property was guided as such, similarly to the other FDA property in 39
and around Loretto. He stated that at the time the thought was that the areas may not 40
have been ready for development in terms of infrastructure. He stated that the thought 41
was to have more residential development in this area rather than business or 42
commercial. 43
44
Martin agreed that they were trying to minimize the construction of additional housing 45
within the parameters of the Metropolitan Council and therefore the land was put into a 46
future phase for land use and staging. 47
48
Finke commented that various properties were pushed out some level within the staging 49
periods as a result of the reduction of forecasted residential growth especially. He 50
stated that the general trend of the plan was to delay some properties for development. 51
Medina City Council Meeting Minutes
April 5, 2022
8
1
Albers asked the net acres of business and commercial land available for development 2
at this time and already developed as business or commercial. He stated that one of the 3
arguments being made at this time is the business use is good for the tax base. 4
5
Martin stated that another consideration of the Comprehensive Plan was to have 6
business/commercial development along the Highway 55 corridor. She stated that they 7
believed that attracting that business development enhanced the experience of the 8
residents. She stated that the residents in that area have grown tired of fighting traffic 9
and the thought was that traffic to those businesses would be opposite the traffic of 10
residents, as it was assumed most residents would travel east in the morning to work 11
while business traffic would be moving west during that time. 12
13
Albers commented that as people return to work, post pandemic, traffic has again 14
increased on Highway 55. He stated that until the highway is expanded, which could 15
occur in the next ten years, it has to be considered as to whether the additional traffic 16
could be supported. He noted that traffic from other communities must also be 17
considered, noting a similar commercial development that is in the planning process in 18
Corcoran. He noted that infrastructure needs are a part of the reason this property was 19
guided for FDA. 20
21
Martin asked what the City has collectively for commercial and business uses, both 22
currently being used for those purposes and guided for the future. 23
24
Finke provided details on the available commercial and business property within Medina. 25
He noted that some things have changed since the Comprehensive Plan update which 26
occupied property available for business development without actually providing 27
traditional business type use and listed examples. He stated that if there is a desire to 28
expand business capacity within the city, this site could be considered. 29
30
Albers commented that the examples provided are businesses and commercial 31
developments that generate taxes. He was unsure whether it would make sense to 32
guide additional land for business at this time. He did not believe that this requested 33
change fits within the goals and objectives of the City and its Comprehensive Plan. 34
35
DesLauriers commented that there are both positives and negatives to consider about 36
this site and request. He referenced the related infrastructure requirements that would 37
be needed to support the site. He asked if the infrastructure changes would need to be 38
agreed upon with the developer prior to submission of the Comprehensive Plan 39
amendment to the Metropolitan Council and related zoning change. 40
41
Martin confirmed that is the process as she understands it. 42
43
Anderson commented that this would be the initial step that this development would 44
seek. He stated that the applicant has completed an extensive EAW and has requested 45
the Comprehensive Plan amendment and if that were approved, he would think the 46
applicant to come back to request rezoning, site plan and plat. He noted that in order for 47
those next steps to be considered, there would be conditions placed upon this approval 48
related to the infrastructure that would be necessary to support this development. He 49
stated that it is his understanding that the applicant has shown a willingness to 50
accommodate the transportation and utility infrastructure that would be needed. 51
Medina City Council Meeting Minutes
April 5, 2022
9
1
DesLauriers stated that there is an overwhelming need for more business development 2
in this area as it generates taxes and creates jobs without placing additional burden on 3
other City services. He asked if the business development could be limited to the 4
southern portion of the property, leaving the northern parcel to remain more rural. 5
6
Reid stated that she is comfortable with the Comprehensive Plan amendment but is not 7
comfortable with the proposed site plan as she believes it to be too big. She did not 8
believe that this scale of business development fits within Medina. 9
10
Martin stated that if the Comprehensive Plan amendment were approved, there are still 11
elements of the ordinance that would impact the design but was unsure that would 12
reduce the total square footage and parking if all other ordinance requirements were 13
met. 14
15
Cavanaugh stated that he would prefer the development to come in as a PUD and asked 16
if the Comprehensive Plan amendment could be made contingent upon the applicant 17
submitting a PUD rather than a general land use application. 18
19
Anderson commented that he does agree with Martin in that when a property of this size 20
is reguiding and includes this amount of developable land, the Council would be limited 21
in terms of the scale of physical improvements as long as the other zoning requirements 22
are met. He stated that a Council could not require a developer to submit a PUD. He 23
explained that a PUD would be something a developer would request if it were seeking 24
flexibility or deviations from City Code in return for other benefit. 25
26
Cavanaugh commented that he understands under normal circumstances a City cannot 27
require a developer to submit a PUD but asked if that could be done in this case as this 28
approval would be contingent upon other items such as infrastructure improvements. 29
30
Anderson replied that the proposal that has been brought forward related to this 31
Comprehensive Plan amendment request would need the infrastructure improvements in 32
order to support the proposed development which is why that could be made contingent 33
upon those items. 34
35
Cavanaugh stated that the main purpose for requesting a PUD would be for the Council 36
to guide more of the development design. He asked if the Site Plan review would 37
provide the same level of discretion as a PUD, as the Comprehensive Plan amendment 38
would still be contingent upon all other necessary approvals. 39
40
Anderson stated that the review of the Site Plan would not provide the Council the ability 41
to request things above what is required in the City Code and ordinance regulations. He 42
stated that if all Code requirements were met, the Council could not deny the request 43
simply because it does not like the way it looks. 44
45
Finke commented that there are some wetland impacts that would be proposed on the 46
western side of the northern parcel for the sole purpose of adding additional footprint to 47
the building. He stated that one of the recommended conditions was that the impacts to 48
wetlands would be reduced. He referenced the staging period requirements, noting that 49
if a parcel wants to move forward in the staging period, a PUD is required therefore it 50
would not be unheard of that a PUD would be required in order to move forward in 51
Medina City Council Meeting Minutes
April 5, 2022
10
staging. He stated that if the property were staged for 2025, a developer could propose 1
a PUD to develop now rather than waiting for 2025. 2
3
Martin asked if the wetlands could be significantly impacted, by filling and purchasing 4
wetland credits. 5
6
Finke stated that it could be fair to say that action would not make the request align with 7
the goals of the Comprehensive Plan. 8
9
Cavanaugh commented that he believes that this business use makes sense as there is 10
business to the south and across from the site, and great access from Highway 55. He 11
believed that this would be an ideal place for this type of business. He referenced the 12
transportation infrastructure and asked if Highway 55 would be an issue. 13
14
Rickart commented that Highway 55 will be a problem until it is four lanes. He stated 15
that the improvements proposed would limit the impact to Willow, especially at the 16
Chippewa intersection. He stated that the peak condition was analyzed with full 17
development. He stated that there would not be a huge impact from the development 18
right away. He stated that he is very comfortable with the recommended improvements. 19
He noted that the Highway 55 improvements will be a MnDOT decision on when that 20
should occur but noted that more development would help to push MnDOT in that 21
direction. 22
23
Cavanaugh referenced the developments that were listed that occupied land designated 24
as business noting that included residential development, internal business, a religious 25
use, and the AutoPlex units are owned by the people that purchase them therefore those 26
are not really businesses that serve the community. He stated that if he were to add 27
additional business land, this would be a great location. He stated that he would support 28
the use of a PUD and would support linking that to the staging if possible. 29
30
Martin commented that she thought in adding more business development would be to 31
add businesses that provide a service to the existing residents rather than an industrial 32
complex. She was unsure that this fits within that goal. She stated that it does not seem 33
that there is overwhelming support of the Council for the Comprehensive Plan 34
amendment as proposed. 35
36
DesLauriers commented that he does not believe it makes sense to amend the 37
Comprehensive Plan to reguide the entire parcel to business at this time. 38
39
Albers agreed that he does not believe the reasons provided support an amendment to 40
the Comprehensive Plan based on the goals and visions within that plan. 41
42
Reid stated that she is not in favor of a Comprehensive Plan amendment for this 43
property. She commented that uses north and south of Cates Road could be different. 44
45
Cavanaugh commented that he could support a Comprehensive Plan amendment if 46
there was a requirement for a PUD related to staging. He stated that as proposed he 47
would not support the request. 48
49
Martin encouraged the applicant to rethink their proposal based on the comments and 50
concerns expressed. She invited the applicant to speak. 51
Medina City Council Meeting Minutes
April 5, 2022
11
1
Peter Coyle, attorney representing the applicant, stated that the question related to a 2
PUD has never been suggested. He stated that from their vantage point, a PUD may be 3
appropriate and if asked, they would most likely agree to that. He stated that while he 4
respects the notion that this property should be preserved as rural, it is situated directly 5
adjacent to Highway 55 and other emerging commercial areas to the west. He stated 6
that the Cates family has owned the property for 40 years and has been very patient 7
about bringing forward development until they found something appropriate to what is 8
happening around them and this seems to be the appropriate time. He stated that this is 9
just a plan and has not yet been vetted in a technical way. He stated that they have 10
committed to all the infrastructure improvements that have been suggested. He stated 11
that they are committed to preserving as much wetland as possible while still having the 12
site usable for a business park use. He stated that the overall site plan has a much-13
diminished site plan over what would be allowed under the Code in order to preserve 14
wetland. He commented that the expansion of this area for the business would provide 15
benefit to the community through job creation and increased tax base. He thanked City 16
staff for the time they have spent working with them to develop a plan that makes sense 17
for the landowner, developer, and the City. He stated that they want to work together to 18
create a plan that would meet the approval of the Council and if that were through a 19
PUD, they would do that. He asked the Council to keep an open mind and allow this to 20
move forward in order to see additional plans. He noted that if there is something the 21
Council does not like, they would work to address that. He referenced the previous 22
agreement that had been mentioned, noting that he has a disagreement with Anderson 23
on the meaning of the settlement agreement. He understood that they are proposing 24
something larger than the agreement. 25
26
Martin commented that she understands that proposals are very broad in nature at this 27
stage, as it would not make sense to invest too much into detail without knowing if the 28
amendment would be allowed. 29
30
Cavanaugh commented that he looks forward to the applicant coming back with 31
additional proposals. 32
33
Reid stated that she believes the northern and southern portions of the property are very 34
different. She stated that she would welcome another application but is not comfortable 35
with the proposal as submitted. 36
37
DesLauriers echoed the comments of Reid. 38
39
Martin echoed those comments as well. 40
41
Coyle asked for clarification on the modification that would be needed, specifically 42
whether that would be provided in subsequent applications or to the request tonight. 43
44
Martin commented that there have been many concerns expressed tonight. She stated 45
that whatever comes before the Council has to be more in line with the goals and 46
objectives of the Comprehensive Plan. 47
48
Coyle asked how those modifications would be made, whether that would be 49
amendment to the current application or done through resubmittal. 50
51
Medina City Council Meeting Minutes
April 5, 2022
12
Finke stated that there has been a lot of feedback provided by the Council tonight. He 1
stated that there is time available within the review period to have additional discussion. 2
He noted that there could be a motion to table tonight which would allow additional 3
discussion with the applicant and staff to perhaps amend this application. 4
5
Martin commented that she would prefer to deny this Comprehensive Plan amendment 6
to make that action clear. She stated that the applicant could then work on a new 7
application without the constraints of the review timeline. 8
9
Moved by Albers, seconded by Reid, to direct staff to prepare a resolution denying the 10
Comprehensive Plan Amendment based upon the findings described by the Council. 11
12
A roll call vote was performed: 13
14
DesLauriers aye 15
Albers aye 16
Cavanaugh aye 17
Reid aye 18
Martin aye 19
20
Motion passed unanimously. 21
22
Martin commented that the developer is invited to consider its request for the property 23
that accommodates the comments provided by the Council tonight. She confirmed the 24
consensus of the Council. 25
26
Martin briefly recessed the meeting. 27
28
Martin reconvened the meeting. 29
30
C. Weston Woods – Mark and Kathleen Smith – Amended PUD and Plat (9:34 31
p.m.) 32
Johnson stated that the Smiths are requesting an amended PUD and plat for Weston 33
Woods and provided an overview of the changes proposed. 34
35
Finke stated that the plat and PUD were approved the previous year and summarized 36
within the staff report. He stated that those approvals would still stand regardless of the 37
decision on the proposed amendments. He displayed the updated plat as requested 38
and related lot standards. He highlighted the proposed changes from the approved 39
PUD. He stated that the Planning Commission held a public hearing at its last meeting, 40
with no public testimony received, and unanimously recommended approval noting the 41
reduction in density was seen as a benefit. 42
43
DesLauriers commented that he supports the changes and recommendation of the 44
Planning Commission. 45
46
Albers, Reid, Cavanaugh, and Martin were supportive of the changes as well. 47
48
Moved by DesLauriers, seconded by Reid, to direct staff to prepare documents 49
approving the amendment to the Weston Woods PUD and plat. 50
51
Medina City Council Meeting Minutes
April 5, 2022
13
A roll call vote was performed: 1
2
DesLauriers aye 3
Albers aye 4
Cavanaugh aye 5
Reid aye 6
Martin aye 7
8
Motion passed unanimously. 9
10
D. Loram and Scannell Medina Industrial – Environmental Assessment 11
Worksheet (EAW) – Proposed Commercial/Industrial Development (9:42 12
p.m.) 13
Johnson stated that this is an EAW for a proposed commercial/industrial development of 14
approximately 450,000 square feet on 25 acres east of Arrowhead and south of Highway 15
55. 16
17
Finke stated that an EAW was prepared as required and the comment period expired on 18
March 17th. He noted that comments were provided from various agencies and included 19
in the Council packet. He noted that staff has prepared a draft response to comments, 20
findings of fact and record of decision. He stated that none of the agencies providing 21
comments suggested that an EIS should be required. He stated that staff recommends 22
a negative declaration on the need for an EIS and approval of the findings of fact and 23
record of decision as well as the related resolution. 24
25
Martin commended staff for the excellent draft of the findings of fact and record of 26
decision. 27
28
Albers stated that he will be curious to see the results of the archeology scan. 29
30
Finke stated that those are not generally seen in a land use application, but he would 31
attempt to provide them for informational purposes. 32
33
Moved by DesLauriers, seconded by Albers, to approve the Loram/Scannell Medina 34
Industrial EAW Findings of Fact and Record of Decision. 35
36
A roll call vote was performed: 37
38
DesLauriers aye 39
Albers aye 40
Cavanaugh aye 41
Reid aye 42
Martin aye 43
44
Motion passed unanimously. 45
46
1. Resolution Approving the Response to Comments, Findings of Fact, 47
and Record of Decision for the Loram/Scannell Medina Industrial 48
EAW and Making a Negative Declaration Regarding the Need for an 49
EIS 50
Medina City Council Meeting Minutes
April 5, 2022
14
Moved by DesLauriers, seconded by Albers, to adopt the Resolution Approving the 1
Response to Comments, Findings of Fact, and Record of Decision for the 2
Loram/Scannell Medina Industrial EAW and Making a Negative Declaration Regarding 3
the Need for an EIS. 4
5
A roll call vote was performed: 6
7
DesLauriers aye 8
Albers aye 9
Cavanaugh aye 10
Reid aye 11
Martin aye 12
13
Motion passed unanimously. 14
15
E. Landform on Behalf of McDonald’s – 822 Hwy 55 – Conditional Use Permit 16
Amendment (9:48 p.m.) 17
Johnson stated Landform is requesting, on behalf of McDonald’s, a Conditional Use 18
Permit (CUP) amendment to allow an additional drive-thru lane. 19
20
Finke stated that the subject property is Commercial Highway, on which a drive-thru is a 21
conditional use. He stated that the amended PUD would rescind and replace the CUP 22
approved in the 1990’s. He stated that the installation of the second drive-thru lane 23
would reduce the parking stalls onsite, but the site would still have more than the 24
required number of stalls. He stated that the second drive-thru lane would be added 25
between the building and existing drive-thru lane, therefore the expansion would not 26
reduce the existing setbacks in that location any further. He stated that the Planning 27
Commission held a public hearing and unanimously recommended approval. 28
29
Martin commented that this makes sense and actually enhances the site plan. She 30
confirmed that there were no questions of the Council. 31
32
Moved by DesLauriers, seconded by Martin, to direct staff to prepare a resolution 33
approving the amendment to the CUP subject to the conditions noted. 34
35
A roll call vote was performed: 36
37
DesLauriers aye 38
Albers aye 39
Cavanaugh aye 40
Reid aye 41
Martin aye 42
43
Motion passed unanimously. 44
45
VIII. CITY ADMINISTRATOR REPORT (9:53 p.m.) 46
Johnson thanked Reid for all her work on the Uptown Hamel banners, noting that she 47
has worked closely with business and property owners. He stated that the business 48
owners would like to order the banners and asked the City to fund half of that purchase 49
which would be a contribution of $2,600. He stated that the business owners would 50
install, own, and maintain the banners. 51
Medina City Council Meeting Minutes
April 5, 2022
15
1
Moved by Martin, seconded by Reid, to authorize an expenditure of $2,600 towards the 2
purchase of the Uptown Hamel banners. 3
4
A roll call vote was performed: 5
6
DesLauriers aye 7
Albers aye 8
Cavanaugh aye 9
Reid aye 10
Martin aye 11
12
Motion passed unanimously. 13
14
Martin thanked Reid for her assistance in creating an identity for Uptown Hamel. 15
16
Johnson reminded the Council of the Board of Appeal and Equalization meeting on April 17
6th which is scheduled to be held virtually on April 6th. He noted that the assessor has a 18
conflict with the second meeting date and therefore a rescheduled date should be 19
discussed at the meeting. He stated that he has been working with Martin and Uptown 20
Hamel business owners to schedule business tours for May 3rd. 21
22
Albers commented that he would have a conflict with Tuesday morning meetings. 23
24
Martin confirmed that Albers would be in agreement with sitting out for the May 3rd 25
meeting and in the future, they would attempt to avoid Tuesday morning meetings. 26
27
Albers noted that he also has a conflict with Thursday mornings. 28
29
Martin noted the need to reschedule the second Board of Appeal and Equalization 30
meeting and asked if that could occur at 5:30 p.m. on May 3rd. 31
32
Johnson commented that the second meeting must occur within 20 days of the first 33
meeting, therefore it would have to be held on or before April 26th. He stated that he will 34
work with the assessor to determine some options for the date. 35
36
The members of the Council provided details on their availability over the next two 37
weeks. 38
39
IX. MAYOR & CITY COUNCIL REPORTS (10:07 p.m.) 40
Albers stated that he will be attending the fire services meeting the following day in place 41
of DesLauriers. 42
43
Martin commented that there is an interesting development as there is a resident in Long 44
Lake that sounds as if they were intricately involved in creating a fire district in another 45
jurisdiction that has offered to speak at the meeting. She commended Johnson for 46
getting the City of Wayzata to the table as well. She also commended DesLauriers for 47
guiding this process for so long. 48
49
DesLauriers commented that some of the mayors will also be attending and seem to be 50
interested in the presentation the following day. 51
Medina City Council Meeting Minutes
April 5, 2022
16
1
Martin stated that there has been rumor circulating that Medina may not support the 2
merger between Loretto and Hamel fire departments. She stated that she believes the 3
merger would be a great step forward and a benefit to residents. 4
5
Johnson thanked Martin and DesLauriers for their vision on fire services and pushing 6
this topic forward. He stated the cities participating in this process have also been 7
excellent to work with on fire services. 8
9
X. APPROVAL TO PAY THE BILLS (10:17 p.m.) 10
Moved by Cavanaugh, seconded by Albers, to approve the bills, EFT 006303E-006327E 11
for $107,695.10, order check numbers 052736-052791 for $323,272.57, and payroll EFT 12
0511716-0511776 for $118,016.69. 13
14
A roll call vote was performed: 15
16
DesLauriers aye 17
Albers aye 18
Cavanaugh aye 19
Reid aye 20
Martin aye 21
22
Motion passed unanimously. 23
24
XI. ADJOURN 25
Moved by DesLauriers, seconded by Martin, to adjourn the meeting at 10:19 p.m. 26
27
A roll call vote was performed: 28
29
DesLauriers aye 30
Albers aye 31
Cavanaugh aye 32
Reid aye 33
Martin aye 34
35
Motion passed unanimously. 36
37
38
__________________________________ 39
Kathy Martin, Mayor 40
Attest: 41
42
____________________________________ 43
Scott Johnson, City Administrator 44
Medina City Council Meeting Minutes 1
April 6, 2022
MEDINA CITY COUNCIL BOARD OF APPEAL AND EQUALIZATION MINUTES OF
APRIL 6, 2022
The City Council of Medina, Minnesota met in session as the Local Board of Appeal and
Equalization meeting on April 6, 2022 at 6:30 p.m. virtually pursuant Minn. Stat. Sec.
13D.021. Mayor Martin presided.
Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid
Members absent:
Also present: City Administrator Scott Johnson; City Assessor Rolf Erickson,
Southwest Assessing; and Representative of the Hennepin County Assessor's Office
Joseph Wulfing.
Mayor Martin provided an overview of the appeals process, instructions to attend the
meeting, and meeting procedures. Property owners can appeal to Hennepin County if
they disagree with the recommendation of the local board.
City Assessor Rolf Erickson provided an overview of the purpose of the Board of Appeal
and the meeting process. He explained that this evening’s session is based on past
year assessments and transactions between October 1, 2020 and September 30, 2021.
He stated that tonight’s session is to discuss classifications or market values.
Specifically, 2022 values for 2023 taxes.
Vinjay & Kalpa Bhatia, 4101 Cavanaugh Drive
Council reviewed the information provided by City Assessor Erickson. Mr. Erickson
recommended $603,000 as the value for the property with no changes. The City Council
reviewed the information and agreed with the valuation of $603,000.
Tanweer Akram, 3163 Cypress Circle South
Council reviewed the information provided by Mr. Akram. The discussion was continued
to the next meeting for the Board of Appeal and Equalization on April 13, 2022 at 4:30
p.m. to allow the City Assessor time to review the property.
Rebecca Morris, 3076 Wild Flower Trail
City Assessor Erickson informed the board that Rebecca Morris dropped her appeal.
Daniel & Elizabeth Koehler, 3013 Butternut Drive
Rolf Erickson provided an update to the City Council and recommended a valuation
change from $820,000 to $805,000. The City Council reviewed the information and
agreed with the valuation change to $805,000.
Stephen Weiss, 1392 Hunter Drive
Mr. Weiss provided information to the City Council regarding recent sales in Medina.
Council reviewed the information provided by Mr. Weiss. City Assessor Rolf Erickson
reviewed the property and did not recommend a reduction in valuation. The City
Council reviewed the information and agreed with the valuation of $1,692,000 with no
changes.
Medina City Council Meeting Minutes 2
April 6, 2022
Andrew & Christine Gagnon, 4151 Prairie View Trail
Council reviewed the information provided. The discussion was continued to the next
meeting for the Board of Appeal and Equalization on April 13, 2022 at 4:30 p.m. to allow
the City Assessor time to review the property.
David Ellenborgen & Jennifer Nimmerick, 3082 Willow Drive
Council reviewed the information provided. The discussion was continued to the next
meeting for the Board of Appeal and Equalization on April 13, 2022 at 4:30 p.m. to allow
the City Assessor time to review the property.
Trevor Winter & Tracey Cullen, 3155 County Road 24
Council reviewed the information provided. The discussion was continued to the next
meeting for the Board of Appeal and Equalization on April 13, 2022 at 4:30 p.m. to allow
the City Assessor time to review the property.
John Pickering & Lori Dalrymple, 875 Fox Path Court
Council reviewed the information provided. The discussion was continued to the next
meeting for the Board of Appeal and Equalization on April 13, 2022 at 4:30 p.m. to allow
the City Assessor time to review the property.
Qing & Jennifer Huang, 830 Fox Path Court
Council reviewed the information provided. The discussion was continued to the next
meeting for the Board of Appeal and Equalization on April 13, 2022 at 4:30 p.m. to allow
the City Assessor time to review the property.
Christopher & Marci Pomey, 3056 Butternut Drive
Council reviewed the information provided. The discussion was continued to the next
meeting for the Board of Appeal and Equalization on April 13, 2022 at 4:30 p.m. to allow
the City Assessor time to review the property.
Karl Hanson & Adalia Espinosa, 2000 Lost Horse Road
Council reviewed the information provided. The discussion was continued to the next
meeting for the Board of Appeal and Equalization on April 13, 2022 at 4:30 p.m. to allow
the City Assessor time to review the property.
John & Stephanie Felton, 3045 Butternut Drive
City Assessor Erickson provided information on the property and recent sales
information on properties in the area. The City Council reviewed the information. John
Felton informed the City Council that his property has drainage issues which are causing
footing and other issues on the property. The City Council reviewed the information and
recommended listing the property as a partial construction and with the valuation change
to $755,000.
Bruce Sorensen, 4646 Bluebell Trail North
Council reviewed the information provided. The discussion was continued to the next
meeting for the Board of Appeal and Equalization on April 13, 2022 at 4:30 p.m. to allow
the City Assessor time to review the property.
Patrick & Debbie Carney, 191 Primrose Lane
City Assessor Erickson informed the board that Patrick and Debbie Carney dropped their
appeal.
Medina City Council Meeting Minutes 3
April 6, 2022
Christine (Chriss) Renier, 3392 Hamel Road
Council reviewed the information provided. The discussion was continued to the next
meeting for the Board of Appeal and Equalization on April 13, 2022 at 4:30 p.m. to allow
the City Assessor time to review the property.
Nicholas & Sarah Cook, 1126 Jubert Trail
City Assessor Erickson provided information on the property and recent sales
information. Mr. Cook explained that his home does not have a finished basement and
provided comparables to support his request for a lowered assessment amount. The
City Council reviewed the information and agreed with the valuation of $733,000 with no
changes.
David Tolchiner, 2395 Cox Trail
Council reviewed the information provided. The discussion was continued to the next
meeting for the Board of Appeal and Equalization on April 13, 2022 at 4:30 p.m. to allow
the City Assessor time to review the property.
Dr. Mohamed El Deeb, 4539 Trillium Drive
Council reviewed the information provided. Dr. El Deeb provided information regarding
drainage issues on the property. The discussion was continued to the next meeting for
the Board of Appeal and Equalization on April 13, 2022 at 4:30 p.m. to allow the City
Assessor time to review the property.
Rick Steele, 1532 Tamarack Drive
Council reviewed the information provided. The discussion was continued to the next
meeting for the Board of Appeal and Equalization on April 13, 2022 at 4:30 p.m. to allow
the City Assessor time to review the property.
Dan Morgan, 592 County Road 24
Council reviewed the information provided. Mr. Morgan requested information on how to
adjust his 2021 assessment. Information was provided on the court process to re quest
an adjustment to his 2021 assessment. The City Council reviewed the information and
agreed with the valuation of $1,145,000 with no changes.
Jay Silver, 3024 Wild Flower Trail
Council reviewed the information provided. The discussion was continued to the next
meeting for the Board of Appeal and Equalization on April 13, 2022 at 4:30 p.m. to allow
the City Assessor time to review the property.
Feng Wang, 720 Lilium Trail
Council reviewed the information provided. The discussion was continued to the next
meeting for the Board of Appeal and Equalization on April 13, 2022 at 4:30 p.m. to allow
the City Assessor time to review the property.
Chad Ahlers, 694 Aster Road
Council reviewed the information provided. The discussion was continued to the next
meeting for the Board of Appeal and Equalization on April 13, 2022 at 4:30 p.m. to allow
the City Assessor time to review the property.
Medina City Council Meeting Minutes 4
April 6, 2022
Richard Cawood, 1932 Highcrest Drive
City Assessor Erickson provided information on the property and recent sales
information. Mr. Cawood provided information in support of his request for a lowered
assessment amount. The City Council reviewed the information and agreed with the
valuation of $436,800 with no changes.
Mayor Martin summarized all the decisions made by the Board.
Staff clarified that any new appeals from residents after today could be appealed directly
to the Hennepin County Board of Review and Equalization Meeting in June (information
on tax statements). If residents disagree with decisions made by the Board of Appeal
and Equalization, they can also appeal to the Hennepin County Board of Review and
Equalization Meeting in June.
Cavanaugh moved to continue the meeting until April 13, 2022 at 4:30 p.m. with respect
to any appeals for which the assessor needs more time to evaluate. The only appeals
that will be considered are those that have come before the Board during or prior to this
meeting, DesLauriers seconded, and the motion passed unanimously. Motion passed
unanimously by roll call vote.
A roll call vote was performed:
Cavanaugh aye
Reid aye
DesLauriers aye
Albers aye
Martin aye
Motion carried.
Adjournment
Cavanaugh moved, DesLauriers seconded, to adjourn at 10:43 p.m. Motion passed
unanimously by roll call vote.
A roll call vote was performed:
Cavanaugh aye
Reid aye
DesLauriers aye
Albers aye
Martin aye
Motion carried.
Medina City Council Meeting Minutes 5
April 6, 2022
_________________________
Kathleen Martin, Mayor
Attest:
____________________________
Caitlyn Walker, City Clerk
Medina City Council Meeting Minutes 6
April 6, 2022
This Page Intentionally Left Blank
Medina City Council Meeting Minutes 1
April 13, 2022
MEDINA CITY COUNCIL BOARD OF APPEAL AND EQUALIZATION
CONTINUATION MINUTES OF APRIL 13, 2022
The City Council of Medina, Minnesota met in session as the Local Board of Appeal and
Equalization meeting on April 13, 2022 at 4:30 p.m. virtually pursuant Minn. Stat. Sec.
13D.021. Mayor Martin presided.
Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid
Members absent:
Also present: City Administrator Scott Johnson; City Assessor Rolf Erickson,
Southwest Assessing; and Representative of the Hennepin County Assessor's Office
Joseph Wulfing.
Mayor Martin provided an overview of the continuation meeting, appeals process,
instructions to attend the meeting, and meeting procedures. Property owners can
appeal to Hennepin County if they disagree with the recommendation of the local board.
Mayor Martin provided an overview of the purpose of the Board of Appeal and the
meeting process. She explained that this evening’s session is based on past year
assessments and transactions between October 1, 2020 and September 30, 2021. She
stated that tonight’s session is to discuss classifications or market values. Specifically,
2022 values for 2023 taxes.
Tanweer Akram, 3163 Cypress Circle South
Mr. Akram dropped his appeal per a phone call received by City Assessor Rolf Erickson
on April 9, 2022.
Andrew & Christine Gagnon, 4151 Prairie View Trail
Council reviewed the information provided by Mr. Gagnon and City Assessor Rolf
Erickson. The City Council reviewed the information and agreed to change the valuation
to $573,000.
David Ellenborgen & Jennifer Nimmerick, 3082 Willow Drive
Council reviewed the information provided. City Assessor Rolf Erickson provided further
information on the property. The City Council reviewed the information and agreed to
change the valuation to $2,131,000.
Trevor Winter & Tracey Cullen, 3155 County Road 24
Council reviewed the information provided. City Assessor Rolf Erickson provided further
information on the property. The City Council reviewed the information and agreed to
change the valuation to $850,00.
John Pickering & Lori Dalrymple, 875 Fox Path Court
Council reviewed the information provided. City Assessor Rolf Erickson provided further
information on the property. The City Council reviewed the information and agreed to
change the valuation to $700,000.
Medina City Council Meeting Minutes 2
April 13, 2022
Qing & Jennifer Huang, 830 Fox Path Court
Council reviewed the information provided. City Assessor Rolf Erickson provided further
information on the property. Mr. Huang provided further information on the property.
The City Council reviewed the information and agreed to make no change to the
valuation of $629,000.
Christopher & Marci Pomey, 3056 Butternut Drive
City Assessor Rolf Erickson provided further information on the property. The City
Council reviewed the information and agreed to make no change to the valuation of
$818,000.
Karl Hanson & Adalia Espinosa, 2000 Lost Horse Road
City Assessor Rolf Erickson provided further information on the property. The City
Council reviewed the information and agreed to make no change to the valuation of
$645,000.
Bruce Sorensen, 4646 Bluebell Trail North
City Assessor Rolf Erickson provided further information on the property. The City
Council reviewed the information and agreed to change the valuation to $845,000.
Christine (Chriss) Renier, 3392 Hamel Road
City Assessor Rolf Erickson provided further information on the property. Chriss Reiner
thanked Mr. Erickson for visiting her property. The City Council reviewed the information
and agreed to change the valuation to $1,663,000.
David Tolchiner, 2395 Cox Trail
City Assessor Rolf Erickson provided further information on the property. The City
Council reviewed the information and agreed to change the valuation to $1,313,000.
Dr. Mohamed El Deeb, 4539 Trillium Drive
City Assessor Rolf Erickson provided further information on the property. The City
Council reviewed the information and agreed to change the valuation to $866,000.
Rick Steele, 1532 Tamarack Drive
City Assessor Rolf Erickson provided further information on the property. The City
Council reviewed the information and agreed to make no change to the valuation of
$2,326,000.
Jay Silver, 3024 Wild Flower Trail
City Assessor Rolf Erickson provided further information on the property. The City
Council reviewed the information and agreed to change the valuation to $776,000.
Feng Wang, 720 Lilium Trail
Council reviewed the information provided. City Assessor Rolf Erickson provided further
information on the property. Ms. Feng provided further information on the property. The
City Council reviewed the information and agreed to make no change to the valuation of
$753,000.
Medina City Council Meeting Minutes 3
April 13, 2022
Chad Ahlers, 694 Aster Road
City Assessor Rolf Erickson provided further information on the property. The City
Council reviewed the information and agreed to change the valuation to $828,000.
Tim and Darcy Haislet, 1562 Homestead Trail
City Assessor Rolf Erickson provided further information on the property. Mr. Haislet
provided information on the property. The City Council reviewed the information and
agreed to change the valuation to $726,000.
Josh Edgar, 4134 Prairie View Trail
City Assessor Rolf Erickson provided information on the property and recommended the
property owner appeal to the Hennepin County Board of Review and Appeal because it
was a recent appeal. City Council agreed to forward the appeal to the Hennepin County
Board of Review and Appeal.
Patrick Etzel, 2235 Hamel Road
City Assessor Rolf Erickson provided information on the property and recommended the
property owner appeal to the Hennepin County Board of Review and Appeal because it
was a recent appeal. City Council agreed to forward the appeal to the Hennepin County
Board of Review and Appeal.
Jonathan Ruffing, 12-118-23-31-0049
Hennepin County Assessor Joseph Wulfing provided information on the property. The
City Council reviewed the information and agreed to change the valuation to $140,000.
Mayor Martin summarized all the decisions made by the Board at the April 6, 2022 and
April 13, 2022 meetings.
Staff clarified that any new appeals from residents after today could be appealed directly
to the Hennepin County Board of Review and Equalization Meeting in June (information
on tax statements). If residents disagree with decisions made by the Board of Appeal
and Equalization, they can also appeal to the Hennepin County Board of Review and
Equalization Meeting in June.
Adjournment
Albers moved, DesLauriers seconded, to adjourn at 6:45 p.m. Motion passed
unanimously by roll call vote.
A roll call vote was performed:
Cavanaugh aye
Reid aye
DesLauriers aye
Albers aye
Martin aye
Motion carried.
Medina City Council Meeting Minutes 4
April 13, 2022
_________________________
Kathleen Martin, Mayor
Attest:
____________________________
Caitlyn Walker, City Clerk
Medina City Council Meeting Minutes 5
April 13, 2022
This Page Intentionally Left Blank
1
ME230-1PZ-781555.v3
REIMBURSEMENT AGREEMENT
(Plymouth’s County Road 47/Hackamore Road Project)
This Reimbursement Agreement (the “Agreement”) is made as of this ___ day of
__________________, 2022, by and among the city of Plymouth, a Minnesota municipal corporation
(“Plymouth”), the city of Medina, a Minnesota municipal corporation (“Medina”), and the city of
Corcoran, a Minnesota municipal corporation (“Corcoran”). Plymouth, Medina, and Corcoran are
sometimes collective referred to herein as the “parties” or each a “party”.
WITNESSETH:
WHEREAS, Plymouth has initiated Phase I of its County Road 47 Reconstruction Project (for
purposes of this Agreement, the “Project”); and
WHEREAS, the Project includes installation of a new traffic signal system at the intersection of
County Road 47 and County Road 101 (the “Signal Improvements”); and
WHEREAS, the Project also includes certain improvements west of the intersection of County
Road 47 and County Road 101 which are on portions of Hackamore Road that are separately owned and
maintained by Medina and Corcoran respectively (the “Hackamore Improvements”); and
WHEREAS, the Signal Improvements and Hackamore Improvements are collectively referred
to herein as the “Reimbursed Improvements;” and
WHEREAS, at Plymouth’s request, Medina and Corcoran are willing to reimburse Plymouth for
the cost of the Hackamore Improvements and up to one-fourth of the total cost of the Signal Improvements,
subject to the limitations herein, in accordance with the terms and conditions hereinafter set forth, and
pursuant to the authority contained in Minnesota Statutes, section 471.59.
NOW, THEREFORE, ON THE BASIS OF THE PREMISES AND MUTUAL COVENANTS
HEREINAFTER SET FORTH, THE PARTIES AGREE AS FOLLOWS:
1. Project Design; Contract Administration. Plymouth will design the Project and prepare all plans
and specifications for construction of the Project. The 90% plans and specifications, and any
material changes to such plans and specifications, shall be submitted to staff of Medina and
Corcoran for administrative approval, and such approval shall be deemed to operate as a
temporary, non-exclusive license for Plymouth and its contractors to perform all work within
those easement areas that are otherwise maintained by Medina and Corcoran, to the extent
reasonably necessary to carry out the approved plans and specifications.
Plymouth will advertise for bids, award, and administer any and all contracts for the Project in
accordance with the requirements of law, including any necessary permitting. Plymouth will
supervise and administer the construction of the Project to ensure that it is completed in
accordance with the approved plans and specifications. Plymouth will require any contractor
performing the Reimbursed Improvements to name Medina and Corcoran as additional insureds
on all liability policies required by Plymouth. Plymouth will also require such contractor to
defend, indemnify, protect and hold harmless Medina and Corcoran, their agents, officers, and
employees, from all claims or actions arising from negligent acts, errors or omissions of the
contractor or any sub-contractor. Plymouth will pay the contractor and all other expenses related
Agenda Item #5A
2
ME230-1PZ-781555.v3
to the construction of the Project and keep and maintain complete records of such costs incurred,
to the extent required by law. Finally, if defective work related to the Reimbursed Improvements
is discovered during any applicable correction period or warranty period that is provided for in
the agreement between Plymouth and its contractor, Plymouth will use reasonable efforts to
ensure that such defective work is corrected pursuant to the terms of such agreement.
2. Reimbursement. Upon completion of all Reimbursed Improvements, Medina and Corcoran each
agree to reimburse Plymouth for (i) 50% of the costs related to the Hackamore Improvements;
and (ii) one-eighth of the costs related to the Signal Improvements, provided, however, that the
total individual reimbursement obligation for each Medina and Corcoran required herein shall
not exceed $80,000. For the sake of clarification, the total amount to be reimbursed to Plymouth
pursuant to this Agreement shall not exceed $80,000 from Medina and $80,000 from Corcoran,
for a total reimbursement amount that may not exceed $160,000. Following the completion of
the Reimbursed Improvements, reimbursement to Plymouth, as required herein, will be made by
Medina and Corcoran within 30 days of a request for payment that contains such detailed
information as may be requested by Medina and Corcoran to substantiate the costs and expenses
for the Reimbursed Improvements. Notwithstanding the foregoing, Medina and Corcoran, in
their sole individual discretion, may withhold any reimbursement owed pursuant to this
Agreement until May 31, 2023, or until final resolution of a diligently pursued claim to enforce
rights or obligations contained herein, whichever occurs later. All costs of the Project, including
those related to the Reimbursed Improvements, in excess of the total reimbursement required
herein, shall be borne by Plymouth or secured by Plymouth from other sources, it being the desire
and understanding of the parties hereto that Medina and Corcoran will not be responsible for the
Project to any extent except for the above-contemplated reimbursement.
3. Audit. All of Plymouth’s books, records, documents, and accounting procedures related to the
Project are subject to examination by Medina and Corcoran.
4. Data Practices. Plymouth shall retain and make available data related to the letting of contracts
and construction of the Project in accordance with the Minnesota Government Data Practices
Act.
5. Term. This Agreement shall be in effect as of the date first written above and shall terminate
once the Reimbursed Improvements are complete, all required reimbursement has been made,
and any correction period or warranty period related to the Reimbursed Improvements has lapsed.
6. Indemnification. Each party shall indemnify, defend, and save the other parties harmless from
any and all claims, damages, lawsuits, losses, liabilities, costs, and expenses, arising out of any
negligent act or omission on the part of such indemnifying party or its contractors, agents,
servants, or employees in the performance of any of the work to be performed under the terms of
this Agreement. Each party’s obligation to indemnify the others under this clause shall be limited
in accordance with the statutory tort limitations provided in Minn. Stat. § 466.04 to limit each
party’s total liability for all claims arising from a single occurrence, including the other parties’
claims for indemnification, to the limits provided in section 466.04. This Agreement shall not act
to aggregate the liability limits of the individual parties.
7. Third Party Rights; Complete Agreement; Modifications; Governing Law; Severability. Third
parties shall have no rights or legal recourse under this Agreement. This Agreement contains the
complete agreement between the parties and supersedes any previous oral agreements,
3
ME230-1PZ-781555.v3
representations and negotiations between the parties regarding the subject matter of this
Agreement. No modifications or amendments may be made to this Agreement unless in writing
and signed by all parties hereto. This Agreement shall be interpreted under the laws of Minnesota.
In the event that any provision of this Agreement is deemed by a court to be unlawful or
unenforceable, such provision shall be considered severed from the remaining provisions.
8. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed
an original, but which together shall constitute one and the same instrument.
[signature page to follow]
4
ME230-1PZ-781555.v3
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly authorized officers on behalf of the parties as of the day and date first above written.
CITY OF PLYMOUTH
By: _________________________________
Its Mayor
And by: ______________________________
Its City Manager
Date:_________________________________
CITY OF MEDINA
By: _________________________________
Its Mayor
And by: ______________________________
Its City Administrator
Date:_________________________________
CITY OF CORCORAN
By: _________________________________
Its Mayor
And by: ______________________________
Its City Administrator
Date:_________________________________
1
TO: Honorable Mayor and City Council
FROM: Steve Scherer, Public Works Director
DATE: March 23, 2022
MEETING: April 19, 2022
SUBJECT: Curb Installation and Concrete Flatwork Services Agreement
Summary
The City of Medina advertised for curb and concrete quotes within the 2022 road materials
request-for-bid; and no responses were received. After reaching out to Schmidt Curb, the
winning sub-contractor in 2021, they explained the deadline for submittal was missed due to
sickness (covid) within their office and agreed to honor 2021 prices.
Staff Recommendation
Award/Extend the Curb Installation and Concrete Flatwork Agreement with Schmidt Curb
Co, Inc., at the per linear foot rates, as outlined follows:
Curb Installation – MN-D.O.T. D424:
• $45.00 per lineal foot – Remove and Replace (Bituminous Patch by others)
• $35.00 per lineal foot - New Installation
Curb Installation – MN-D.O.T. B618:
• $45.00 per lineal foot – Remove and Replace (Bituminous Patch by others)
• $35.00 per lineal foot - New Installation
Curb Installation – Ribbon Curb – MN-D.O.T. 2531 (Tennis Court):
• 12” Width x 5” Depth at $25.00 per lineal foot
• 18” Width x 5” Depth at $20.00 per lineal foot
• 24” Width x 5” Depth at $25.00 per lineal foot
Non-Reinforced Concrete Flat Work – MN-D.O.T. 3F52:
• 4” Thick at $9.00 per sq. foot
• 6” Thick at $12.00 per sq. foot
• 8” Thick at $15.00 per sq. foot
Attachments
• Curb Installation and Concrete Flatwork Services Agreement
MEMORANDUM
Agenda Item #5B
1
CURB AND CONCRETE INSTALLATION SERVICES AGREEMENT
This Agreement is made this 19th day of April 2022, by and between Schmidt Curb Co.
Inc., 13195 95th Street NE, Elk River, MN 55330, 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 curb and concrete installation
services; and
2. The City has approved the contract for curb and concrete installation services 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 curb installation services for the City.
“Curb and Concrete Installation Services” will consist of installing curb and concrete using MN-
D.O.T. D424 and/or MN-D.O.T. B618 and/or MN-D.O.T. 2531, and non-reinforced concrete flat
work using MN-D.O.T. 3F52, as per the 2022 Road Material Bids. Any curb work performed will
be at the discretion of the Public Works Director, according to the compensation schedule below.
2.0. TERM. The term and prices of this contract shall remain in effect from April 2022 until
November 2022, or until such later date as may be mutually agreed upon.
3.0 COMPENSATION. The City shall compensate the Contractor as follows:
Curb Installation – MN-D.O.T. D424:
• $45.00 per lineal foot – Remove and Replace (Bituminous Patch by others)
• $35.00 per lineal foot - New Installation
Curb Installation – MN-D.O.T. B618:
• $45.00 per lineal foot – Remove and Replace (Bituminous Patch by others)
• $35.00 per lineal foot - New Installation
Curb Installation – Ribbon Curb – MN-D.O.T. 2531 (Tennis Court):
• 12” Width x 5” Depth at $25.00 per lineal foot
• 18” Width x 5” Depth at $20.00 per lineal foot
• 24” Width x 5” Depth at $25.00 per lineal foot
Non-Reinforced Concrete Flat Work – MN-D.O.T. 3F52:
• 4” Thick at $9.00 per sq. foot
• 6” Thick at $12.00 per sq. foot
• 8” Thick at $15.00 per sq. foot
2
3.01 The Contractor shall pay for all licenses and permits. These costs shall be
included in the bid cost. The City is exempt from sales tax.
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.
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 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 required to provide a
Payment and Performance Bond to the City at no additional cost to the City.
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
3
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 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement
will, in all respects, be controlled and governed by the laws of Minnesota.
11.0 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.
12.0 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.
13.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its
entitlement to any immunity under statute or common law.
14.0 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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
written above.
CITY OF MEDINA
By _____________________________
Kathleen Martin, Mayor
By ______________________________
Caitlyn Walker, City Clerk
SCHMIDT CURB COMPANY, INC.
(CONTRACTOR)
By ______________________________
1
TO: Honorable Mayor and City Council
FROM: Steve Scherer, Public Works Director
DATE: March 18, 2022
MEETING: April 19, 2022
SUBJECT: Street Striping Services Agreement
Summary
The City of Medina contracted with Sir Lines-A-Lot for street striping services in 2021; we
are happy with their timeliness and quality work. Sir Lines-A-Lot has agreed to hold their
contract pricing through 2022.
Staff Recommendation
Extend the Street Striping Services Agreement with Sir Lines-A-Lot, at the per linear foot
rate of $0.12; and with a minimum charge of $2,000.00 if less than 17,000 LF.
Attachments
• Street Striping Services Agreement
MEMORANDUM
Agenda Item #5C
STREET STRIPING SERVICES AGREEMENT
This Agreement is made this 19th day of April 2022, by and between Sir Lines-A-Lot, 7175
Cahill Road, Edina, MN 55439, 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 street striping services; and
2. The City has approved the contract for street striping services 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 street striping services for the City
urban residential and commercial streets as approved by the Public Works Director.
2.0. TERM. The term of this contract will be from August 19, 2022 to November 30, 2022.
3.0 COMPENSATION. The City shall compensate the Contractor a per linear foot rate of
$0.12, and with a minimum charge of $2,000.00 if less than 17,000 LF is requested, for street
striping services as defined in the Scope of Services above, and approved by the Public Works
Director.
3.01 The Contractor shall pay for all licenses and permits. The City is tax exempt.
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,
including traffic control, 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 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.
10.0 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.
11.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its
entitlement to any immunities under statute or common law.
12.0 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 __________________________________
Caitlyn Walker, City Clerk
SIR LINES-A-LOT
(CONTRACTOR)
By ____________________________
Chaise VanOverbeke, President
1
TO: Mayor Martin and Members of the City Council
FROM: Steve Scherer, Public Works Director
DATE: April 13, 2022
MEETING: April 19, 2022
SUBJECT: Hunter Park Fencing Contract Amendment
On February 15, 2022 the Council approved the fencing contract for the backstop,
sideline and tennis/pickleball court at Hunter Park with Dinius Fence (D’Fence) for
$38,240.00.
The only other contractor to submit a bid for the fencing was Town & Country Fence,
who quoted $84,938.00.
On April 7, 2022 Dinius Fence informed Staff that a terrible mistake was made in the
quoting process; and their bid included materials but not labor, or equipment to complete
the work. Dinius Fence is asking the City to accept an amended bid to correct what was
an honest mistake that has the magnitude to devastate their business.
Recommendation
It is the recommendation of Staff to accept the amended quote from D’Fence for
$66,240.00.
Attachment(s)
• Exhibit A - D’Fence Proposal - Revised
MEMORANDUM
Agenda Item #5D
I
City of Medina
ATTN: STEVE
RE: HUNTER PARK
COMMERCIAL & RESIDENTIAL FENCING
April 13th, 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 IO' high perimeter chain link fencing plus one interior fence run
Four 7'H 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: $66,240.00
If tennis court line posts can be driven 5' into the ground (typical installation) in place of concrete setting all these posts a deduct
of$ 4,000.00 would be applied.
Notes:
I)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, comer & 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'.'/CTIO'.'/S O'.'/ ALL STEEL A'.'ID LUMIMt:M PRODUCTIS. THERE COULD BE SIG'.'IIFCAT'.'/ MARKET FLUCTUA TIO'.'/S THAT MAY REQUIRE
ADJUSTME'.'ITS TO ABOVE QUOTE. THEREFORE. THE ABOVE PRICE QUOTE IS SUBJECT TO CHA'.'IGE. D'FE'.'/CE CA'.'l'.'IOT GUARA'.'ITEE OR PREDICT THE COSTS OF RAW OR
OTHER MATERIALS USED I'.'/ THE ABOVE REFERE'.'ICED JOB A'.'ID ANY CHA'.'/GE I'.'/ MARKET PRICES OR CO'.'/DITIO'.'IS MAY BE REFLECTED I'.'/ A CHA'.'IGE OF THE ABOVE
QUOTE. If JOB IS ACCEPTED, THE MATERIALS MUST BE PURCHASED A'.'ID STORED WITHl'.'115 DAYS OF ACCEPTA'.'ICE. THE ABOVE PRICES ARE O'.'/LY GOOD FOR IS DAYS.
If you have any questions regarding the above quote, please contact me at your convenience.
Sincerely,
Venisa C. Dinius
VCD/V l-22 (2)
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
1
TO: Honorable Mayor and City Council
FROM: Steve Scherer, Public Works Director
DATE: March 23, 2022
MEETING: April 19, 2022
SUBJECT: Road Material Bid – Awarded Agreements
Summary
The 2022 Road Materials and Equipment Tabulation was approved by the City Council at the
April 5th meeting. Contracts have been prepared for Omann Brothers, for the mill and
overlay; and Pearson Brothers, for the seal coating.
Staff Recommendation
Execute contracts with Omann Brothers for the mill and overlay; and Pearson Brothers for
the seal coating, per the 2022 Road Material and Equipment Bid Tabulation.
Attachments
• Mill and Overlay Services Agreement for 2022
• Seal Coating Services Agreement for 2022
MEMORANDUM
Agenda Item #5E and #5F
1
MILL AND PAVING SERVICES AGREEMENT
This Agreement is made this 19th day of April, 2022, by and between Omann Brothers Inc., 6551
LaBeaux Avenue NE, Albertville, MN 55301, 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 mill and paving services; and
2. The City has approved the contract for mill and paving services 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 mill and paving services for the City.
“Mill and Paving Services” will consist of milling bituminous surface at depth per square yard
(including milling removal) and paving of roads, and will also include bituminous placement, at the
discretion of the Public Works Director.
2.0. TERM. The term and prices of this contract shall remain in effect from April 2022 until the
end of November 2022 or until such later date as may be mutually agreed upon.
3.0 COMPENSATION. The City shall compensate the Contractor for Mill and Overlay Services
according to the above 1.0 Scope of Services at the following 2021 Road Materials Bid rates:
Mill Bituminous surface at depth per square yard (including removal):
• $2.15 per square yard for 0” to 2” of bituminous milling
• $3.68 per square yard for 2” to 4” of bituminous milling
• $4.85 per square yard for 4” to 6” of bituminous milling
Bituminous mixture used for 2022 paving projects:
• $79.85 for MN-D.O.T. SPNWB230(B) Mix, placed on streets
• $79.85 for MN-D.O.T. SPNWB330(B) Mix, placed on streets
• $79.85 for MN-D.O.T. SPWEB240(B) Mix, placed on streets
• $109.00 for MN-D.O.T. SPWEA240(B) Mix, placed on trails
• $87.00 Fine Mix/Sand Mix
• $28.25 Aggregate Shouldering Placed (MnDOT 2118)
Reclaim Roadway at depth per square yard:
• $3.95 per square yard for 0” to 2” of reclaim roadway
• $3.95 per square yard for 2” to 4” of reclaim roadway
• $3.95 per square yard for 4” to 6” of reclaim roadway
2
The Contractor will receive additional compensation for:
• Bituminous Curb Installation at a cost of $5.00/LF
• Miscellaneous milling as a rate of $525/hr. and a mobilization fee of $500
• Reclaim Roadway at a rate of a mobilization fee of $800
• Miscellaneous Equipment per the 2022 Road Materials Bid may also be contracted at the
discretion of the Public Works Director.
3.01 The Contractor shall pay for all licenses and permits. These costs shall be
included in the bid cost. The City is exempt from sales tax.
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, as well as
traffic control, 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 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
3
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 shall provide a Payment and
Performance Bond to the City at no additional cost to the City.
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 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will,
in all respects, be controlled and governed by the laws of Minnesota.
11.0 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.
12.0 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.
13.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its
entitlement to any immunity under statute or common law.
14.0 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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
written above.
CITY OF MEDINA
By _____________________________
Kathleen Martin, Mayor
By ______________________________
Caitlyn Walker, City Clerk
OMANN BROTHERS, INC.
(CONTRACTOR)
By ______________________________
1
SEAL COATING SERVICES AGREEMENT
This Agreement is made this 19th day of April 2022, by and between Pearson Brothers, Inc., 11079
Lamont Avenue N.E., Hanover, MN 55341 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 seal coating services; and
2. The City has approved the contract for seal coating services 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 seal coating services for the City. “Seal
Coating Services” will consist of installation of seal coating, according to the specifications listed on
the attached Exhibit A and materials listed in 3.0 below. Public Works Director will provide a detailed
map to contractor at time of installation.
2.0. TERM. The term and prices of this contract shall remain in effect from April 2022 until
November 2022, or until such later date as may be mutually agreed upon.
3.0 COMPENSATION. The City shall compensate the Contractor according to the square yard
pricing listed below:
ITEM NO. 12A – Seal Coating, Installed, Including Pre-Sweeping, CRS-2 Liquid Asphalt at .27
Gallons/Sq Yd, 1/8” Trap Rock at 25 lbs/Sq Yd, Area Rolled With Two Eleven Wheeled
Pneumatic Tire Rollers and Excess Rock Pick Up and Disposal (May require two sweepings)
• 0-25,000 Sq. yds. $___1.42_
• 25-50,000 Sq. yds. $___1.42_
• 50-75,000 Sq. yds. $___1.42_
• 75-100,000 Sq. yds. $___1.42_
ITEM NO. 12B – Seal Coating, Installed, Including Pre-Sweeping, CRS-2 Liquid Asphalt at .30
Gallons/Sq Yd, FA2 Granite @28#/Sq Yd, Area Rolled With Two Eleven Wheeled Pneumatic
Tire Rollers and Excess Rock Pick Up and Disposal (May require two sweepings)
• 0-25,000 Sq. yds. $___1.42_
• 25-50,000 Sq. yds. $___1.42_
• 50-75,000 Sq. yds. $___1.42_
• 75-100,000 Sq. yds. $___1.42_
2
3.01 Length and width of paved area will vary. Payment and Performance Bond
shall be required and shall be included in the bid price.
3.02 The Contractor shall pay for all licenses and permits. These costs shall be
included in the bid cost. The City is exempt from sales tax.
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, as well as
traffic control, 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.
4.04 The Contractor acknowledges that all OSHA Safety requirements will be in
place at all times.
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
3
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.
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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
written above.
CITY OF MEDINA
By _____________________________
Kathleen Martin, Mayor
By ______________________________
Caitlyn Walker, City Clerk
PEARSON BROTHERS INC.
(CONTRACTOR)
By ______________________________
MnDOT Contract Number: 1050178
Master Partnership Contract Template 1
Updated 02/09/2022
STATE OF MINNESOTA
MASTER PARTNERSHIP CONTRACT
This master contract is between the State of Minnesota, acting through its Commissioner of Transportation in this
contract referred to as the “State” and the Medina City, acting through its City Council, in this contract referred to as the
“Other Party.”
Recitals
1.The parties are authorized to enter into this contract pursuant to Minnesota Statutes, §§15.061, 471.59 and 174.02.
2.Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk
highway system.
3.Each party to this contract is a “road authority” as defined by Minn. Stat. §160.02, subd. 25.
4.Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work
may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for
the construction or reconstruction of roadways, and performing roadway maintenance.
5.Minn. Stat. §174.02, subd. 6, authorizes the Commissioner of Transportation to enter into contracts with other
governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other
means of providing transportation‐related services; or for other cooperative programs that promote efficiencies in
providing governmental services, or that further development of innovation in transportation for the benefit of the
citizens of Minnesota.
6.Each party wishes to occasionally purchase services from the other party, which the parties agree will enhance the
efficiency of delivering governmental services at all levels. This Master Partnership Contract (MPC) provides a
framework for the efficient handling of such requests. This MPC contains terms generally governing the relationship
between the parties. When specific services are requested, the parties will (unless otherwise specified) enter into a
“Work Order” contracts.
7.After the execution of this MPC, the parties may (but are not required to) enter into “Work Order” contracts. These
Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific
work.
8.The parties are entering into this MPC to establish terms that will govern all of the Work Orders subsequently issued
under the authority of this Contract.
Contract
1.Term of Master Partnership Contract; Use of Work Order Contracts; Survival of Terms
1.1. Effective Date: This contract will be effective on July 1st, 2022, or upon the date last signed by all State
officials as required under Minn. Stat. § 16C.05, subd. 2, whichever occurs last. The Other Party must not
begin work under this Contract until ALL required signatures have been obtained and the Other Party has
been notified in writing to begin such work by the State’s Authorized Representative.
1.2. Expiration Date. This Contract will expire on June 30, 2027.
1.3. Exhibits. Exhibit A is attached and incorporated into this agreement.
1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the
Other Party) for each particular engagement, except for Technical Services provided by the State to the
Other Party as specified in Article 2. The work order contract must specify the detailed scope of work and
deliverables for that project. A party must not begin work under a work order until the work order is fully
Agenda Item #5G
MnDOT Contract Number: 1050178
2
executed. The terms of this MPC will apply to all work orders contracts issued, unless specifically varied in
the work order. The Other Party understands that this MPC is not a guarantee of any payments or work
order assignments, and that payments will only be issued for work actually performed under fully‐executed
work orders.
1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all
work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and Intellectual
Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure. All terms of this
MPC will survive with respect to any work order contract issued prior to the expiration date of the MPC.
1.6. Sample Work Order. A sample work order contract is available upon request from the State.
1.7. Definition of “Providing Party” and “Requesting Party”. For the purpose of assigning certain duties and
obligations in the MPC to work order contracts, the following definitions will apply throughout the MPC.
“Requesting Party” is defined as the party requesting the other party to perform work under a work order
contract. “Providing Party” is defined as the party performing the scope of work under a work order
contract.
2. Technical Services
2.1. Technical Services include repetitive low‐cost services routinely performed by the State for the Other Party.
If requested and authorized by the Other Party, these services may be performed by the State for the Other
Party without the execution of a work order, as these services are provided in accordance with standardized
practices and processes and do not require a detailed scope of work. Exhibit A – Table of Technical Services
is attached.
2.1.1. Every other service not falling under the services listed in Exhibit A will require a work order contract
(If you have questions regarding whether a service is covered under 2.1.1, please contact Contract
Management).
2.2. The Other Party may request the State to perform Technical Services in an informal manner, such as by the
use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A request
may be made via telephone, but will not be considered accepted unless acknowledged in writing by the
State.
2.3. The State will promptly inform the Other Party if the State will be unable to perform the requested Technical
Services. Otherwise, the State will perform the Technical Services in accordance with the State’s normal
processes and practices, including scheduling practices taking into account the availability of State staff and
equipment.
2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State will
charge the Other Party the State’s then‐current rate for performing the Technical Services. The then‐current
rate may include the State’s normal and customary additives. The State will invoice the Other Party upon
completion of the services, or at regular intervals not more than once monthly as agreed upon by the
parties. The invoice will provide a summary of the Technical Services provided by the State during the
invoice period.
3. Services Requiring a Work Order Contract
3.1. Work Order Contracts: A party may request the other party to perform any of the following services under
individual work order contracts.
3.2. Professional and Technical Services. A party may provide professional and technical services upon the
request of the other party. As defined by Minn. Stat. §16C.08, subd. 1, professional/technical services
“means services that are intellectual in character, including consultation, analysis, evaluation, prediction,
planning, programming, or recommendation; and result in the production of a report or completion of a
task.” Professional and technical services do not include providing supplies or materials except as incidental
to performing such services. Professional and technical services include (by way of example and without
limitation) cultural resources, engineering services, surveying, foundation recommendations and reports,
environmental documentation, right‐of‐way assistance (such as performing appraisals or providing
MnDOT Contract Number: 1050178
3
relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final
construction plans, graphic presentations, public relations, and facilitating open houses. A party will
normally provide such services with its own personnel; however, a party’s professional/technical services
may also include hiring and managing outside consultants to perform work provided that a party itself
provides active project management for the use of such outside consultants.
3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party.
Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to
snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects), seal coat,
bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be
performed by an employee with sufficient skills, training, expertise or certification to perform such work,
and work must be supervised by a qualified employee of the party performing the work.
3.4. Construction Administration. A party may administer roadway construction projects upon the request of
the other party. Roadway construction includes (by way of example and without limitation) the
construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway,
lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and
channelization. These services may be performed by the Providing Party’s own forces, or the Providing Party
may administer outside contracts for such work. Construction administration may include letting and
awarding construction contracts for such work (including state projects to be completed in conjunction with
local projects). All contract administration services must be performed by an employee with sufficient skills,
training, expertise or certification to perform such work.
3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man‐made
disaster, natural disaster or other act of God. Emergency services includes all those services as the parties
mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations.
These services include, without limitation, planning, engineering, construction, maintenance, and removal
and disposal services related to things such as road closures, traffic control, debris removal, flood protection
and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by an employee
with sufficient skills, training, expertise or certification to perform such work, and work must be supervised
by a qualified employee of the party performing the work. If it is not feasible to have an executed work
order prior to performance of the work, the parties will promptly confer to determine whether work may be
commenced without a fully‐executed work order in place. If work commences without a fully‐executed work
order, the parties will follow up with execution of a work order as soon as feasible.
3.6. When a need is identified, the State and the Other Party will discuss the proposed work and the resources
needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific
and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order
contract will be limited to one specific project/engagement, although “on call” work orders may be prepared
for certain types of services, especially for “Technical Services” items as identified section 2.1.. The work
order will also identify specific deliverables required, and timeframes for completing work. A work order
must be fully executed by the parties prior to work being commenced. The Other Party will not be paid for
work performed prior to execution of a work order contract and authorization by the State.
4. Responsibilities of the Providing Party
4.1. Terms Applicable to ALL Work Order Contracts. The terms in this section 4.1 will apply to ALL work order
contracts.
4.1.1. Each work order will identify an Authorized Representative for each party. Each party’s authorized
representative is responsible for administering the work order, and has the authority to make any
decisions regarding the work, and to give and receive any notices required or permitted under this
MPC or the work order.
4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer),
to be in responsible charge of the project(s) and to supervise and direct the work to be performed
under each work order contract. For services not requiring an engineer, the Providing Party will
MnDOT Contract Number: 1050178
4
furnish and assign another responsible employee to be in charge of the project. The services of the
Providing Party under a work order contract may not be otherwise assigned, sublet, or transferred
unless approved in writing by the Requesting Party’s authorized representative. This written consent
will in no way relieve the Providing Party from its primary responsibility for the work.
4.1.3. If the Other Party is the Providing Party, the Project Engineer may request in writing specific
engineering and/or technical services from the State, pursuant to Minn. Stat. Section 161.39. The
work order Contract will require the Other Party to deposit payment in advance. The costs and
expenses will include the current State additives and overhead rates, subject to adjustment based
on actual direct costs that have been verified by audit.
4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work
on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work
order contract is fully executed are considered unauthorized and undertaken at the risk of non‐
payment.
4.1.5. In connection with the performance of this contract and any work orders issued, the Providing
Agency will comply with all applicable Federal and State laws and regulations. When the Providing
Party is authorized or permitted to award contracts in connection with any work order, the
Providing Party will require and cause its contractors and subcontractors to comply with all Federal
and State laws and regulations.
4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to all
work orders for Roadway Maintenance.
4.2.1. Unless otherwise provided for by contract or work order, the Providing Party must obtain all permits
and sanctions that may be required for the proper and lawful performance of the work.
4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals,
policies and operations.
4.2.3. The Providing Party must use State‐approved materials, including (by way of example and without
limitation), sign posts, sign sheeting, and de‐icing and anti‐icing chemicals.
4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will apply to
all work order contracts for construction administration.
4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance
with state law.
4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the
contract amount. The Providing Party will take all necessary action to make claims against such
bonds in the event of any default by the contractor.
4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the
Minnesota Department of Transportation Standard Specifications for Construction.
4.3.4. For work performed on State right‐of‐way, contractor(s) must be required to indemnify and hold the
State harmless against any loss incurred with respect to the performance of the contracted work,
and must be required to provide evidence of insurance coverage commensurate with project risk.
4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law.
4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations,
including but not limited to applicable human rights/anti‐discrimination laws and laws concerning
the participation of Disadvantaged Business Enterprises in federally‐assisted contracts.
4.3.7. Unless otherwise agreed in a work order contract, each party will be responsible for providing rights
of way, easement, and construction permits for its portion of the improvements. Each party will,
upon the other’s request, furnish copies of right of way certificates, easements, and construction
permits.
MnDOT Contract Number: 1050178
5
4.3.8. The Providing Party may approve minor changes to the Requesting Party’s portion of the project
work if such changes do not increase the Requesting Party’s cost obligation under the applicable
work order contract.
4.3.9. The Providing Party will not approve any contractor claims for additional compensation without the
Requesting Party’s written approval, and the execution of a proper amendment to the applicable
work order contract when necessary. The Other Party will tender the processing and defense of any
such claims to the State upon the State’s request.
4.3.10. The Other Party must coordinate all trunk highway work affecting any utilities with the State’s
Utilities Office.
4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party.
4.3.12. If the Other Party is the Providing Party, and there is work performed on the trunk highway right‐of‐
way, the following will apply:
a. The Other Party will have a permit to perform the work on the trunk highway. The State may
revoke this permit if the work is not being performed in a safe, proper and skillful manner, or if
the contractor is violating the terms of any law, regulation, or permit applicable to the work. The
State will have no liability to the Other Party, or its contractor, if work is suspended or stopped
due to any such condition or concern.
b. The Other Party will require its contractor to conduct all traffic control in accordance with the
Minnesota Manual on Uniform Traffic Control Devices.
c. The Other Party will require its contractor to comply with the terms of all permits issued for the
project including, but not limited to, National Pollutant Discharge Elimination System (NPDES)
and other environmental permits.
d. All improvements constructed on the State’s right‐of‐way will become the property of the State.
5. Responsibilities of the Requesting Party
5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in
its possession relating to the project that may be of use to the Providing Party in performing the work.
5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be
promptly returned upon the Requesting Party’s request or upon the expiration or termination of this
contract (subject to data retention requirements of the Minnesota Government Data Practices Act and other
applicable law).
5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds
any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the
Requesting Party before proceeding with the part of the project affected. The Providing Party will
investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a
method for furnishing corrected data. Delay in furnishing data will not be considered justification for an
adjustment in compensation.
5.4. The State will provide to the Other Party copies of any Trunk Highway fund clauses to be included in the bid
solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for
Highway Construction, that are different from those required for State Aid construction.
5.5. The Requesting Party will perform final reviews and inspections of its portion of the project work. If the
work is found to have been completed in accordance with the work order contract, the Requesting Party will
promptly release any remaining funds due the Providing Party for the Project(s).
5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party.
6. Time
6.1. In the performance of project work under a work order contract, time is of the essence.
7. Consideration and Payment
MnDOT Contract Number: 1050178
6
7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The State’s
normal and customary additives will apply to work performed by the State, unless otherwise specified in the
work order. The State’s normal and customary additives will not apply if the parties agree to a “lump sum”
or “unit rate” payment.
7.2. State’s Maximum Obligation. The total compensation to be paid by the State to the Other Party under all
work order contracts issued pursuant to this MPC will not exceed $500,000.00.
7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing
Party’s services, and unless otherwise specifically set forth in an applicable work order contract, the
Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the
Providing Party in performing any work order contract. In those cases where the State agrees to reimburse
travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than
provided in the current "MnDOT Travel Regulations” a copy of which is on file with and available from the
MnDOT District Office. The Other Party will not be reimbursed for travel and subsistence expenses incurred
outside of Minnesota unless it has received the State’s prior written approval for such travel.
7.4. Payment
7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work
order, and will make prompt payment in accordance with Minnesota law.
7.4.2. Payment by the Other Party.
a. The Other Party will make payment to the order of the Commissioner of Transportation.
b. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE “MNDOT CONTRACT NUMBER” SHOWN ON
THE FACE PAGE OF THIS CONTRACT AND THE “INVOICE NUMBER” ON THE INVOICE RECEIVED
FROM MNDOT.
c. Remit payment to the address below:
MnDOT
Attn: Cash Accounting
RE: MnDOT Contract Number 1050178W[XX] and Invoice Number: 00000[#####]
(see note above)
Mail Stop 215
395 John Ireland Blvd
St. Paul, MN 55155
7.4.3. Payment by the State.
a. Generally. The State will promptly pay the Other Party after the Other Party presents an itemized
invoice for the services actually performed and the State's Authorized Representative accepts the
invoiced services. Invoices must be submitted as specified in the applicable work order, but no
more frequently than monthly.
b. Retainage for Professional and Technical Services. For work orders for professional and technical
services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90 percent of the
amount due under any work order contract may be paid until the final product of the work order
contract has been reviewed by the State’s authorized representative. The balance due will be
paid when the State’s authorized representative determines that the Other Party has
satisfactorily fulfilled all the terms of the work order contract.
8. Conditions of Payment
8.1. All work performed by the Providing Party under a work order contract must be performed to the
Requesting Party’s satisfaction, as determined at the sole and reasonable discretion of the Requesting
Party’s Authorized Representative and in accordance with all applicable federal and state laws, rules, and
MnDOT Contract Number: 1050178
7
regulations. The Providing Party will not receive payment for work found by the Requesting Party to be
unsatisfactory or performed in violation of federal or state law.
9. State’s Authorized Representative and Project Manager
9.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the
responsibility to monitor the State’s performance.
9.2. The State’s Project Manager will be identified in each work order contract.
10. Other Party’s Authorized Representative and Project Manager
10.1. The Other Party’s Authorized Representative for administering this master contract is the Other Party’s
Engineer, and the Engineer has the responsibility to monitor the Other Party’s performance. The Other
Party’s Authorized Representative is also authorized to execute work order contracts on behalf of the Other
Party without approval of each proposed work order contract by its governing body.
10.2. The Other Party’s Project Manager will be identified in each work order contract.
11. Assignment, Amendments, Waiver, and Contract Complete
11.1. Assignment. Neither party may assign or transfer any rights or obligations under this MPC or any work order
contract without the prior consent of the other and a fully executed Assignment Contract, executed and
approved by the same parties who executed and approved this MPC, or their successors in office.
11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and
will not be effective until it has been executed and approved by the same parties who executed and
approved the original contract, or their successors in office.
11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that
failure does not waive the provision or the party’s right to subsequently enforce it.
11.4. Contract Complete. This master contract and any work order contract contain all negotiations and contracts
between the State and the Other Party. No other understanding regarding this master contract or any work
order contract issued hereunder, whether written or oral may be used to bind either party.
12. Liability
12.1. Each party will be responsible for its own acts and omissions to the extent provided by law. The Other
Party’s liability is governed by Minn. Stat. chapter 466 and other applicable law. The State’s liability is
governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any
legal remedies a party may have for the other party’s failure to fulfill its obligations under this master
contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of
the other party. A Providing Party under any work order is acting only as a “Contractor” to the Requesting
Party, as the term “Contractor” is defined in Minn. Stat. §115B.03 (subd. 10), and is entitled to the
protections afforded to a “Contractor” by the Minnesota Environmental Response and Liability Act. The
parties specifically intend that Minn. Stat. §471.59 subd. 1a will apply to any work undertaken under this
MPC and any work order issued hereunder.
13. State Audits
13.1. Under Minn. Stat. § 16C.05, subd. 5, the party’s books, records, documents, and accounting procedures and
practices relevant to any work order contract are subject to examination by the parties and by the State
Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this MPC.
14. Government Data Practices and Intellectual Property
14.1. Government Data Practices. The Other Party and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this MPC and any work
order contract, and as it applies to all data created, collected, received, stored, used, maintained, or
disseminated by the Other Party under this MPC and any work order contract. The civil remedies of Minn.
Stat. § 13.08 apply to the release of the data referred to in this clause by either the Other Party or the State.
14.2. Intellectual Property Rights
MnDOT Contract Number: 1050178
8
14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the
intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service
marks in the Works and Documents created and paid for under work order contracts. Works means
all inventions, improvements, discoveries (whether or not patentable), databases, computer
programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications,
materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing
Party, its employees, agents, and subcontractors, either individually or jointly with others in the
performance of this master contract or any work order contract. Works includes “Documents.”
Documents are the originals of any databases, computer programs, reports, notes, studies,
photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials,
whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or
contractors, in the performance of a work order contract. The Documents will be the exclusive
property of the Requesting Party and all such Documents must be immediately returned to the
Requesting Party by the Providing Party upon completion or cancellation of the work order contract.
To the extent possible, those Works eligible for copyright protection under the United States
Copyright Act will be deemed to be “works made for hire.” The Providing Party Government assigns
all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The
Providing Party must, at the request of the Requesting Party, execute all papers and perform all
other acts necessary to transfer or record the Requesting Party’s ownership interest in the Works
and Documents. Notwithstanding the foregoing, the Requesting Party grants the Providing Party an
irrevocable and royalty‐free license to use such intellectual property for its own non‐commercial
purposes, including dissemination to political subdivisions of the state of Minnesota and to
transportation‐related agencies such as the American Association of State Highway and
Transportation Officials.
14.2.2. Obligations with Respect to Intellectual Property.
a. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is
made or conceived for the first time or actually or constructively reduced to practice by the
Providing Party, including its employees and subcontractors, in the performance of the work
order contract, the Providing Party will immediately give the Requesting Party’s Authorized
Representative written notice thereof, and must promptly furnish the Authorized Representative
with complete information and/or disclosure thereon.
b. Representation. The Providing Party must perform all acts, and take all steps necessary to ensure
that all intellectual property rights in the Works and Documents are the sole property of the
Requesting Party, and that neither Providing Party nor its employees, agents or contractors retain
any interest in and to the Works and Documents.
15. Affirmative Action
15.1. The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant
to Minn. Stat. §363A.36. Pursuant to that Statute, the Other Party is encouraged to prepare and implement
an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and
submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the
Other Party lets a contract for the performance of work under a work order issued pursuant to this MPC, it
must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof:
15.2. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more
than 40 full‐time employees on a single working day during the previous 12 months in Minnesota or in the
state where it has its principle place of business, then the Contractor must comply with the requirements of
Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400‐5000.3600. A Contractor covered by Minn. Stat. §
363A.36 because it employed more than 40 full‐time employees in another state and does not have a
certificate of compliance, must certify that it is in compliance with federal affirmative action requirements.
MnDOT Contract Number: 1050178
9
15.3. Minn. Stat. § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan for
the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota
Commissioner of Human Rights (“Commissioner”) as indicated by a certificate of compliance. The law
addresses suspension or revocation of a certificate of compliance and contract consequences in that event.
A contract awarded without a certificate of compliance may be voided.
15.4. Minn. R. Parts 5000.3400‐5000.3600.
15.4.1. General. Minn. R. Parts 5000.3400‐5000.3600 implement Minn. Stat. § 363A.36. These rules include,
but are not limited to, criteria for contents, approval, and implementation of affirmative action
plans; procedures for issuing certificates of compliance and criteria for determining a contractor’s
compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual
compliance reports; procedures for compliance review; and contract consequences for non‐
compliance. The specific criteria for approval or rejection of an affirmative action plan are contained
in various provisions of Minn. R. Parts 5000.3400‐5000.3600 including, but not limited to, parts
5000.3420‐5000.3500 and 5000.3552‐5000.3559.
15.4.2. Disabled Workers. The Contractor must comply with the following affirmative action requirements
for disabled workers:
a. The Contractor must not discriminate against any employee or applicant for employment
because of physical or mental disability in regard to any position for which the employee or
applicant for employment is qualified. The Contractor agrees to take affirmative action to
employ, advance in employment, and otherwise treat qualified disabled persons without
discrimination based upon their physical or mental disability in all employment practices such as
the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship.
b. The Contractor agrees to comply with the rules and relevant orders of the Minnesota
Department of Human Rights issued pursuant to the Minnesota Human Rights Act.
c. In the event of the Contractor's noncompliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with Minn. Stat. Section 363A.36, and the rules and
relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota
Human Rights Act.
d. The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the commissioner of the Minnesota
Department of Human Rights. Such notices must state the Contractor's obligation under the law
to take affirmative action to employ and advance in employment qualified disabled employees
and applicants for employment, and the rights of applicants and employees.
e. The Contractor must notify each labor union or representative of workers with which it has a
collective bargaining agreement or other contract understanding, that the Contractor is bound by
the terms of Minn. Stat. Section 363A.36, of the Minnesota Human Rights Act and is committed
to take affirmative action to employ and advance in employment physically and mentally
disabled persons.
15.4.3. Consequences. The consequences for the Contractor’s failure to implement its affirmative action
plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of
a certificate of compliance by the Commissioner, refusal by the Commissioner to approve
subsequent plans, and termination of all or part of this contract by the Commissioner or the State.
15.4.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn.
Stat. § 363A.36 and Minn. R. Parts 5000.3400‐5000.3600 and is aware of the consequences for
noncompliance.
16. Workers’ Compensation
MnDOT Contract Number: 1050178
10
16.1. Each party will be responsible for its own employees for any workers compensation claims. This MPC, and
any work order contracts issued hereunder, are not intended to constitute an interchange of government
employees under Minn. Stat. §15.53. To the extent that this MPC, or any work order issued hereunder, is
determined to be subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict
between the contract and the statute.
17. Publicity
17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the
Requesting Party must identify the State as the sponsoring agency and must not be released without prior
written approval from the State’s Authorized Representative. For purposes of this provision, publicity
includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Other Party individually or jointly with others, or any subcontractors, with respect to
the program, publications, or services provided resulting from a work order contract.
17.2. Data Practices Act. Section 17.1 is not intended to override the Other Party’s responsibilities under the
Minnesota Government Data Practices Act.
18. Governing Law, Jurisdiction, and Venue
18.1. Minnesota law, without regard to its choice‐of‐law provisions, governs this master contract and all work
order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or
the breach of any such contracts, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
19. Prompt Payment; Payment to Subcontractors
19.1. The parties must make prompt payment of their obligations in accordance with applicable law. As required
by Minn. Stat. § 16A.1245, when the Other Party lets a contract for work pursuant to any work order, the
Other Party must require its contractor to pay all subcontractors, less any retainage, within 10 calendar days
of the prime contractor's receipt of payment from the Other Party for undisputed services provided by the
subcontractor(s) and must pay interest at the rate of one and one‐half percent per month or any part of a
month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s).
20. Minn. Stat. § 181.59.
20.1. The Other Party will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or
on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other
district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor
agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any
contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or
color, discriminate against the person or persons who are citizens of the United States or resident aliens
who are qualified and available to perform the work to which the employment relates; (2) That no
contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent
the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent,
or conspire to prevent, the person or persons from the performance of work under any contract on account
of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may
be canceled or terminated by the state, county, city, town, school board, or any other person authorized to
grant the contracts for employment, and all money due, or to become due under the contract, may be
forfeited for a second or any subsequent violation of the terms or conditions of this contract.
21. Termination; Suspension
21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this
MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the
Other Party. Upon termination, the Other Party and the State will be entitled to payment, determined on a
pro rata basis, for services satisfactorily performed.
21.2. Termination by the Other Party for Convenience. The Other Party may cancel this MPC and any work order
contracts at any time, with or without cause, upon 30 days written notice to the State. Upon termination,
MnDOT Contract Number: 1050178
11
the Other Party and the State will be entitled to payment, determined on a pro rata basis, for services
satisfactorily performed.
21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this MPC and any
work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or
if funding cannot be continued at a level sufficient to allow for the payment of the services covered here.
Termination or suspension must be by written or fax notice to the Other Party. The State is not obligated to
pay for any services that are provided after notice and effective date of termination or suspension.
However, the Other Party will be entitled to payment, determined on a pro rata basis, for services
satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if
the master contract or work order is terminated because of the decision of the Minnesota legislature or
other funding source, not to appropriate funds. The State must provide the Other Party notice of the lack of
funding within a reasonable time of the State’s receiving that notice.
22. Data Disclosure
22.1. Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Other Party consents to disclosure of its
federal employer tax identification number, and/or Minnesota tax identification number, already provided
to the State, to federal and state tax agencies and state personnel involved in the payment of state
obligations. These identification numbers may be used in the enforcement of federal and state tax laws
which could result in action requiring the Other Party to file state tax returns and pay delinquent state tax
liabilities, if any.
23. Defense of Claims and Lawsuits
23.1. If any lawsuit or claim is filed by a third party (including but not limited to the Other Party’s contractors and
subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under
this MPC, the Other Party will, at the discretion of and upon the request of the State, tender the defense of
such claims to the State or allow the State to participate in the defense of such claims. The Other Party will,
however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or
cause of action asserted is based on its own acts or omissions in performing or supervising the work. The
Other Party will not purport to represent the State in any litigation, settlement, or alternative dispute
resolution process. The State will not be responsible for any judgment entered against the Other Party, and
will not be bound by the terms of any settlement entered into by the Other Party except with the written
approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law.
24. Additional Provisions
24.1. NONE
[THE BALANCE OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK]
MnDOT Contract Number: 1050178
12
OTHER PARTY
The Other Party certifies that the appropriate person(s)
have executed the contract on behalf of the Other Party
as required by applicable articles, bylaws, resolutions or
ordinances.
By:
Title:
Date:
By:
Title:
Date:
COMMISSIONER OF TRANSPORTATION
By:
Date:
Title:
COMMISSIONER OF ADMINISTRATION
By:
Date:
Exhibit A – Table of Technical Services
Master Partnership Contract Program FY 2023-2027
Date: 3/28/2022
Source
Code Title Description
1735 Bituminous Plant Inspection
Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing,
plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with
bituminous plant inspection.
2830 Bridge Bearing Assemblies All tasks related to the repair and maintenance of fixed or expansion-bearing assemblies on bridges. Includes related traffic
2819 Bridge Curb, Walk And Railing
Repairing and maintaining bridge curb, walk, rail, coping, and fencing connected to the rail. Includes glare screen and median
barriers on bridges. Includes related traffic control.
2820 Bridge Deck
Work associated with bridge deck and slab repair regardless of removal depth or type of material used for patching. Includes deck
or slab overlays and replacements and underside deck delamination. Includes related traffic control.
2838 Bridge Deck Crack Sealing All tasks related to deck crack sealing. Includes related traffic control.
2827 Bridge Expansion, Relief Joints
All maintenance tasks associated with bridge expansion joints, except joint reestablishment. Includes tightening expansion device
bolts and replacing seal glands. Includes related traffic control.
2855 Bridge Inspection Direct Support Activities that support bridge inspection, but are not direct production (i.e., leadership, technical, administrative assistance.
2828 Bridge Inspection-Federal Fund
All bridge inspection tasks for non-MnDOT bridges funded by the federal Fracture-Critical Bridge Program (Project Code will begin
with TSL and with the local bridge number). Includes related inspection reports. For MnDOT Trunk Highway bridges (Project Code
begins with TSO followed by the bridge number) and local and Department of Natural Resources (DNR) (bridge number begins
with 9A follow by bridge number) bridge inspections to be billed to the local government or Department of Natural Resources
(DNR) use Source Code 2824.
2824 Bridge Inspection-Non-Federal
All tasks related to inventory, inspection, and load capacity rating work done on trunk highway bridges to meet the requirements
of the National Bridge Inspection System and/or Minnesota Bridge Safety Inspection Program or for billing to local governments.
Includes related inspection reports and deck condition surveys.
1421
Bridge Management System
Operation/Administration/Data Use for tasks related to the Bridge Management System, including operations, administration, or data entry.
2847 Bridge Poured/ Relief Joint Seal
All tasks associated with resealing bridge construction joints. Includes related traffic control. Related source type codes: Activities
that support bridge inspection, but are not direct production (i.e., leadership, technical, administrative assistance).
2829 Bridge Superstructure
All tasks to repair any bridge component above the bridge seat that is not included in other source codes. Includes repairs to all
types of bridge superstructure elements such as girders, beams, floor beams, trusses, stringers, t-beams, precast channels, and
box girders. Includes related traffic control.
2316 Brush & Tree Removal
Maintaining, watering, trimming, and removing highway right of way tree and brush. Includes chipping of tree limbs and stump
removal/grinding. Includes related traffic control.
0032 Business Unit Management
All expenses of business/office managers for general management and administration of support functions. includes
administering central facilities maintenance and facilities capital budgets.
3000 Class Of Frequency Coordination Use for frequency coordination done with APCO, AASHTO or FCCA.
Page 1 of 5
Source
Code Title Description
1733 Concrete Plant Inspections
Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing,
plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with
stationary concrete plants or mobile concrete paving plant inspection.
1734 Construction Materials Inspections
Performing construction phase material inspection and engineering, for structural steel, precast and pre-stressed concrete,
reinforcement steel, and electrical products and related technical services in the field and office for materials to be used in
multiple projects. Includes travel time, sampling, and sample delivery. Includes tasks related to reviewing shop drawings furnished
by suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural metals inspection
(materials surveys, physical and chemical laboratory testing, material inspection and engineering, and technical services in the
field and offices).
1802 Construction Surveying Use for surveys to provide staking for the contractor's operations and for any other construction phase surveying
2106 Crack Sealing
All surface crack sealing, crack filling, or rout and seal operations. Includes related materials, hauling, stockpiling, and traffic
control.
3023 Elec Comm Eq Rep - Miles
0400 Equipment Calibration-Mat Insp Use when performing periodic equipment calibration for equipment used in the materials lab or on construction projects.
1800 Field Inspection
All construction project field inspection (not cyclical inspection of assets), including preparatory plans & spec review,
measurement, and verification other than environmental monitoring. Includes field inspection of materials such as gradations,
densities/DCP, proctors, compaction, slump tests, and field air tests. Witnessing claims, determination and computation of pay
quantities, materials control and certification for progress vouchers, but not for final payments. Includes collecting and
transporting samples for lab tests, but not the actual laboratory verifications. Includes all construction phase project related
activities for project and resident engineers such as problem resolution, guidance and direction to field technicians. Includes all
miscellaneous field engineering expenses used by district offices such as space rental, utilities, or other costs charged to the
construction project Includes all work associated with evaluation of implementation of intelligent compaction devices to
determine if construction contract terms have been met.
1040 Final Design Surveys
All district field and office tasks needed to respond to supplemental "Requests for Survey Data" and add the data to the surveys
base map or DTM.
0601 Gen Training Preparation - Delivery
Use for time, materials, and travel expenses when developing or delivering training. includes course preparation, designing
materials, and managing training records.
2210 Guardrail-Install/Repair/Maintenance
Install, repair, or maintain low tension cable, plate beams, and end treatments; cable tension adjustments; and reflector
replacement. includes related traffic control.
2624 Indirect Expense Indirect shop expenses and shop equipment. Allocate to mobile equipment.
1871 Lighting Maintenance & Utilities
All work related to installing, maintaining, restoring, or removing highway lighting systems and fixtures. Includes repairing,
maintaining, or replacing supports necessary for roadway lighting luminaries. Includes patrol highway lighting, inspect lighting
structures, electrical service for highway lighting, re-lamping, pump stations, anti-icing systems, truck roll-over warning systems
and electrical repairs. Includes traffic control in support of roadway lighting activities. Use for tasks related to public
inquiries/complaints, review utility billings, provide data, and conduct field reviews.
Page 2 of 5
Source
Code Title Description
1875 Locate One Call
Finding and marking locations of buried conduit, cables, hand holes, loops, etc. in order to maintain or repair the traffic
management system, signal systems, or roadway lighting systems.
1732 Material Testing & Inspection
Performing construction phase and research physical and chemical laboratory testing, and related technical services in the
districts and central labs, and for performing research and construction phase non-destructive testing materials surveys, and
related technical services in the field and offices. Includes detour surveys. Non-destructive tests include, skid resistance and falling
weight deflectometer (FWD) testing.
2660 Misc Revenue
Used only by Office of Financial Management for billing and deposit transactions and to record payments to the department for
gravel sold to contractors and others.
2822 Miscellaneous Bridge Maintenance
Miscellaneous maintenance tasks performed on a specific bridge or structure not covered by other source codes. Includes work
on items such as stairways, drains, fencing, light bases, transient guards, and access doors. Includes transient removal, ordering
materials, and picking up equipment. Includes related traffic control.
3049
On Call Electronic Communications Infrastructure
Maintenance To be used by Statewide Radio Communications personnel to record on-call time.
2142 Overhead Sign Panel Maintenance
Work related to the repair and replacement of overhead sign panels, extruded sign panels mounted on I-beams, and overhead
sign structures. Includes related cable locates and traffic control. Does not include structural work.
2102 Patching Related source type codes: 2103-Heavy patching, 2104-Bituminous paving, 2105-Blow patching
1520 Pavement Management System
For tasks related to the operation of the pavement management system, including development and maintenance/technical
support. Includes tasks to meet needs external to MnDOT.
2406 Plowing & Material Application
Shoulder to shoulder snow removal operation, winging back, snow blowing drifts, and the application of de-icing chemicals using
mobile equipment. Includes changing cutting edges during event and related traffic control.
3005 Radio - Mobile Equipment
Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications
systems (includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment -
Must use Project number assigned to requesting agency (State Patrol, DNR, BCA, Fire Marshall). See OSRC Project Code list.
3027 Radio Programming
Creating or modifying radio frequency programs and programming mobile and portable radios. Does not include mobile radios
used as fixed base radios as part of the Inter-OP System (Use 3009).
3002 Radio/Electronic Infrastructure
Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications
systems (includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment -
Must use Project number assigned to requesting agency; Department of Public Safety (DPS) includes State Patrol (SP) Bureau of
Criminal Apprehension (BCA), Fire Marshall); does not include Department of Natural Resources (DNR). See OSRC Project
3007 Radio/Electronic System Engineering Use for design of microwave, radio and miscellaneous electronic systems.
3009 Radio/Electronic System Upgrade & Installation
Use for the installation and other services needed to provide major system upgrades or improvements to wireless or electronic
systems. Use for all work performed to correct or repair deficiencies found in a new installation.
1716 Record Sampling
Used by Materials and Research Section and district materials staff to verify inspector" sampling and testing procedures and
checking inspectors' equipment during project construction as required by FHWA. Use when performing field tests on split
sample.
Page 3 of 5
Source
Code Title Description
2222 Sign/Delineation/Marker Repair
Replacing, repairing, and washing signs (including temporary stop signs). Includes re-sequencing intersection signing and
repair/replace overhead and extrude signs mounted on I-beams. Includes related cable locates and traffic control.
1182 Soils/Foundation Field/Laboratory Tests
All laboratory testing necessary to provide geotechnical information to complete roadway soils recommendations and approvals
for use in the development of Final Design Plans and Special Provisions. Lab work includes R-value, resilient modulus, soil
classification, gradation, proctor testing, unconfined compression, consolidation, direct simple shear, direct sheer, permeability
and triaxial tests.
1879 State Furnished Materials
Use to record labor hours, equipment usage, and material costs to supply state furnished materials to a state road construction
project with federal participation.
1738 State Project - Specific Materials Inspection
Performing material inspection and engineering for materials designated for a specific construction project (SP). Generally applies
to inspection of such things as structural steel, prestressed concrete items, and most precast concrete items and related technical
services in the field and offices when related to a particular SP. Use for SP specific tasks related to performing the review of shop
drawings furnished by suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural
metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering and technical
services in the field and offices).
1434 Structural Metals Inspection-Non DOT
Reviewing shop drawings furnished by suppliers, fabricators, and contractors (working drawing or calculations), and for tasks
related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and
engineering, and technical services in the field and offices) for local agency projects.
2629 Supplies & Small Tools Shop tools, small equipment, and supplies that cannot be directly charged to a mobile equipment unit.
0152 Support Services
Work that supports general office management, system management such as entering data into SWIFT, PPMS, PUMA and other
MnDOT systems, attending staff meetings and other indirect support activities.
1312 Tech Assist-Outside MnDOT Use when providing technical assistance to an organization external to MnDOT.
3025 Tower/Building Maintenance
Use for all tasks related to the maintenance of a tower building or site. Includes towers, buildings, generators, LP system, fencing,
landscaping, grounding, ice bridge, cable management, climbing ladders, card key systems, and HVAC.
1876 Traffic Counting
Use to record labor, equipment usage, and material costs for activities related to traffic counts made for statewide traffic
monitoring or traffic operations. Includes all activities related to traffic counting, such as taking requests, assigning priorities,
collecting field data, processing data, and developing new techniques for collection.
1501 Traffic Management System (TMS)
Used by traffic operations staff for all tasks that support the RTMC's operations center (or TOCC) providing traveler information,
managing incidents and monitoring the FMS. Includes dynamic message sign maintenance, ramp meter maintenance, camera
maintenance, and loop detection activities. Includes maintenance activities related to any ITS or TMS device such as RTMC cables,
monitor wall, switchers, routers, or modems. Use to record all costs for maintenance activities related to traffic management fiber
optics. Use for tasks related to maintaining traffic operations software including minor software enhancements and fixes. Use
when providing traffic operations technical assistance external to MnDOT. Use with
Page 4 of 5
Source
Code Title Description
1513 Traffic Management System (TMS) Integration
For tasks associated with the incorporation of new and existing TMS devices (cameras, loops, DMS, and other ITS devices) into
existing infrastructure to ensure proper operation. Use with the Construction/Program Delivery Appropriation.
1500 Traffic Mgt System Maintenance
Used by staff to maintain various Intelligent Transportation System (ITS) devices such as dynamic message signs, ramp meters,
cameras, detection, cables, RICWS, video wall monitors, switches, routers or modems. Used to record all costs for maintenance
activities related to traffic management fiber optics. Not to be used for Lighting or Traffic Signal maintenance.
1721 Traffic Sign Work Orders Use for work involved in preparing work orders for traffic signs. Use only with Maintenance Operations appropriation (T790081).
2863 Traffic Signal Inspection
Work related to cyclical structural and electrical inspection and preventive maintenance checks of traffic signal
systems/structures. Includes labor, equipment, materials, and traffic control.
1870 Traffic Signal Maintenance
Work related to the structural repair and replacement of traffic signal system structures and all electrical maintenance for traffic
signal systems including electrical power, labor, equipment materials, GSOC locates, traffic control and responses to public
inquiries.
2834 Waterway Maintenance
All tasks related to waterway maintenance for deck bridges. Includes debris removal, waterway cleanup, channel repair, and
channel protection repair that is not part of slope protection. Includes related traffic control.
Page 5 of 5
Resolution No. 2022-XX
April 19, 2022
Member _ __ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2022-XX
RESOLUTION ENTERING INTO MASTER PARTNERSHIP CONTRACT
WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION
WHEREAS, The Minnesota Department of Transportation wishes to cooperate
closely with local units of government to coordinate the delivery of transportation
services and maximize the efficient delivery of such services at all levels of government;
and
WHERAS, MnDOT and local governments are authorized by Minnesota Statutes
sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design,
construction, maintenance and operation of state and local roads; and
WHEREAS, the parties wish to be able to respond quickly and efficiently to such
opportunities for collaboration, and have determined that having the ability to write
“work orders” against a master contract would provide the greatest speed and flexibility
in responding to identified needs.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Medina,
Minnesota as follows:
1. That the City of Medina enter into a Master Partnership Contract with the
Minnesota Department of Transportation, a copy of which was before the Council
of the City of Medina.
2. That the proper City officers are authorized to execute such contract, and any
amendments thereto.
3. That the City Engineer is authorized to negotiate work order contracts pursuant to
the Master Contract, which work order contracts may provide for payment to or
from MnDOT, and that the City Engineer may execute such work order contracts
on behalf of the City for up to $5,000.00 without further approval from the City
Council.
Dated: April 19, 2022.
By: ______________________
Kathleen Martin, Mayor
Resolution No. 2022-XX
April 19, 2022
Attest:
By: ___________________________
Caitlyn Walker, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
__ __ upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2022-XX
April 19, 2022
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2022-XX
AMENDING THE 2022 APPOINTMENTS AND DESIGNATIONS TO VARIOUS CITY
SERVICES, AUTHORITIES, COMMISSIONS, AND AGENCIES
WHEREAS, the City contracts with various consultants and businesses to provide services
to the City, and
WHEREAS, the City is required to appoint City representatives to City commissions as
well as area jurisdictions, agencies, authorities and commissions as indicated by governing
documents, State statute, or City codes.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Medina
hereby amends the 2022 appointments and designations listed on Exhibit A.
Dated: April 19, 2022.
______________________________
Kathleen Martin, Mayor
Attest:
_______________________________
Caitlyn Walker, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Reid and
upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Agenda Item #5H
Exhibit A
Council Office/Liaisons 2022 Appointment(s)
Acting Mayor Todd Albers
Public Safety Liaison Dino DesLauriers
Todd Albers (alternate)
Public Works Liaison Todd Albers
Planning & Zoning Liaison Robin Reid
Parks Liaison Joe Cavanaugh
Administration Liaison Kathleen Martin
Mayor's Emergency Declaration (Hierarchy of City Council to
declare emergency in Mayor's absence)
1. Kathleen Martin
2. Todd Albers
3. Dino DesLauriers
4. Robin Reid
5. Joe Cavanaugh
City Consultants
Auditing Services Abdo Eick and Meyers LLP
Building Inspector Metro West Inspection
City Assessor Southwest Assessing - Residential
(Rolf Erickson) and Hennepin
County - Commercial/Industrial
(Jim Atchison)
City Attorney Kennedy & Graven
(Ron Batty)
City Engineer WSB (Jim Stremel)
Financial Ehlers & Associates, Inc.
Fire Marshal Todd Geske
Metro West Inspection (alternate)
IT Solution Builders
Planning Consultant Northwest Associated Consultants,
Inc.
Prosecuting Attorney Tallen & Baertschi
(Steve Tallen)
City Staff
City Clerk Caitlyn Walker
City Treasurer Erin Barnhart
Human Resource Officers Caitlyn Walker
Scott Johnson
Data Compliance Officials Caitlyn Walker
Jason Nelson - Police
Anne Klaers - Police
Erin Barnhart - Finance
Dusty Finke - Planning
Steve Scherer - Public Works
Responsible Authority for MN Government Data Practices Act Caitlyn Walker
Zoning Administrator Dusty Finke
Deb Dion (alternate)
Resolution No. 2022-XX
April 19, 2022 1
Exhibit A
City Committee, Agency, Commission Representatives
Communities in Collaboration Council Jason Nelson
Elm Creek Watershed (2nd Wednesday @ 11:30 a.m., Maple Grove
City Hall)
Terry Sharp
Steve Lee (alternate)
Hamel VFD Relief Association (2nd Monday @ 6:00 p.m.) (need 2
elected officials as ex-officio members)
Kathleen Martin
Dino DesLauriers
Todd Albers (alternate)
Highway 55 Corridor Coalition Joint Powers Todd Albers
Scott Johnson (1st alternate)
Lake Independence TMDL through Pioneer-Sarah Creek Watershed Hakanson Anderson
Scott Johnson (alternate)
Lake Sarah TMDL through Pioneer-Sarah Creek Watershed Hakanson Anderson
Scott Johnson (alternate)
Elm Creek TMDL through Elm Creek Watershed Hakanson Anderson
Terry Sharp (alternate)
Minnehaha Creek Watershed Peter Rechelbacher
Northwest Hennepin League of Municipalities (2nd Wednesday @
6:30 p.m.)
Kathleen Martin
Other Council Member (alternate)
I-94 Chamber of Commerce Scott Johnson
Pioneer-Sarah Creek Watershed (third Thursday @ 4:00 p.m.,
Independence City Hall)
Pat Wulff
Joel Settles (alternate)
Uptown Hamel Inc. (Business Assn.) (third Tuesday @ Noon,
location changes)
Robin Reid
Scott Johnson (alternate)
Weed and Tree Inspector Steve Scherer
Designation of Official Depositories & Investment of Idle Funds
Farmers State Bank of Hamel
Oppenheimer
PMA Financial Network/(4M)
Fund
RBC Dain Rauscher, Inc.
Designation of Official City Legal Newspaper Crow River News
Planning Commission
3 Year Term Beth Nielsen
3 Year Term John Jacob
Park Commission
3 Year Term Terry Sharp
3 Year Term Steve Webster
Resolution No. 2022-XX
April 19, 2022 2
Resolution No. 2022-## 1
DATE
Member ________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2022-##
RESOLUTION GRANTING AMENDED FINAL PLAT APPROVAL
FOR WESTON WOODS OF MEDINA
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Mark and Kathleen Smith (the “Applicants”) own property located north of
Highway 55 and east of Mohawk Drive (the “Property”), which is legally described in Exhibit A,
attached hereto; and
WHEREAS, on January 5, 2021, the City Council adopted Resolution 2021-03, granting,
subject to various conditions, preliminary plat and planned unit development general plan approval
to subdivide and develop the Property into 76 twinhome lots, 42 single-family lots, and 32
townhome lots; and
WHEREAS, on January 5, 2021, the City Council also adopted Ordinance No. 667,
establishing a planned unit development district for Weston Woods of Medina, which was intended
to regulate development upon the Property pursuant to the City’s Planned Unit Development
regulations; and
WHEREAS, on October 19, 2021, the City Council adopted Resolution 2021-74, granting
the Applicants have now requested final plat approval of Weston Woods of Medina, the first phase
of the development to include all the 42 single-family lots and all 76 twinhome lots originally
contemplated, an outlot intended to be deeded to the City for parkland and preservation of
woodlands, an outlot intended to be replatted in the future for the townhome lots, and a series of
outlots to contain various common elements; and
WHEREAS, the approved final plat referenced above has not yet been recorded; and
WHEREAS, the Applicants have subsequently requested approval of an amended version
of the planned unit development and final plat for Weston Woods of Medina which proposes an
overall reduction of three lots; and
WHEREAS, the amended Weston Woods of Medina plat is proposed to include 40 single-
family lots, nine villa home lots, 66 twinhome lots, an outlot intended to be deeded to the City for
parkland and preservation of woodlands, an outlot intended to be replatted in the future for the 32
townhome lots, and a series of outlots to contain various common elements; and
Agenda Item #5I
Resolution No. 2022-## 2
DATE
WHEREAS, on October 19, 2021April 5, 2022, the City Council reviewed the amended
plat for consistency with the approved preliminary plat and compliance with the terms and
conditions of preliminary approval; and
WHEREAS, on April 19, 2022, the City Council adopted Ordinance No. ###, establishing
an amended planned unit development district for Weston Woods of Medina, which is intended to
regulate development upon the Property pursuant to the City’s Planned Unit Development
regulations; and
WHEREAS, upon review of the amended final plat the Council finds that, subject to
certain terms and conditions, the plat is substantially consistent with the approved preliminary plat
and the terms and conditions thereof, the requirements of the City’s subdivision regulations, and
the requirements, terms and conditions of the underlying planned unit development district
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby grants amended final plat approval for Weston Woods of Medina, subject to the following
terms and conditions:
1) The Applicants shall enter into a development agreement with the City, which shall include
the conditions described below as well as other requirements of City ordinance or policy.
2) The Applicants shall install all improvements shown on the plans dated 10/12/2021
4/6/2022 except as may be modified herein.
3) The Applicants shall update plans to address all comments of the City Engineer.
4) The Applicants shall meet the requirements of the approved wetland replacement plan for
proposed wetland impacts.
5) Construction of the twinhomes, villa homes, and single-family homes shall be subject to
administrative review by City staff for consistency with the site plan which accompanies the
plat, architectural guidelines submitted 10/14/2021, relevant requirements of City Code, and
the conditions noted herein.
6) The Applicants shall execute and record a private road easement/agreement in a form and of
substance acceptable to the City Attorney related to access to and maintenance of the private
roadways.
7) The Applicants shall execute and record a Stormwater Maintenance Agreement in a form
and of substance acceptable to the City Attorney to describe the responsibility of the
property owners to maintain the private stormwater improvements.
8) The Applicants shall execute and record a trail easement to accommodate all public trails,
which shall meet all requirements of the City Attorney.
9) The Applicants shall meet all requirements of the wetland protection ordinance, including
provision of easements, planting of vegetation and installation of signage.
10) The Applicants shall execute and record a petition and waiver agreement related to the
public improvements that will be required on Mohawk Drive, which shall meet all
requirements of the City Attorney. The plat shall be updated to designate all common areas
as Outlots rather than Lots.
9)11) The Applicants may install a community pool and gathering space on one of the single-
family lots. If a community pool is proposed, the street shall be widened to accommodate
Resolution No. 2022-## 3
DATE
on-street parking, parking shall be provided on the lot, or an alternative method to
accommodate for parking shall be to the satisfaction of City staff.
10)12) The plat shall provide drainage and utility easements over all utilities, stormwater
improvements, wetlands, and drainageways as recommended by the City Engineer. The plat
shall also provide easements along the perimeter of the lots and between buildings as
recommended by the City Engineer.
11)13) Future application for Final Plat for the replatting and development of the townhomes in
Outlot E shall be subject to the following conditions:
a. Plans shall be updated to either relocate the access point from Chippewa Road to the
townhome area further east, or to remove the access point. If the access point is
removed, the trail connection between Chippewa Road and the townhome area shall be
designed and constructed as a secondary emergency access if determined necessary by
Public Safety. The specifications shall be reviewed and approved by City staff.
b. The design of the townhome roadway shall be updated as necessary to improve
emergency vehicle circulation.
c. The Applicants shall submit architectural guidelines for the townhomes for review and
approval by the City at the time of final plat application. The guidelines shall include, at
a minimum, the following improvements from the photos and illustrations provided with
the general plan of development, consistent with the direction of the City Council at the
December 15, 2020 meeting, including:
i. Architectural features upon the rear façades of the townhome buildings which face
streets, including modulation, accent materials and other elements.
ii. Partitions or other means of screening to provide privacy between ground level
patio areas of townhome units.
d. A site plan review of each townhome building within the development site shall not be
required as described in Section 825.55 of City Code. However, each building shall be
subject to administrative review by City staff for consistency with the site plan which
accompanies the plat, architectural requirements established in the guidelines approved
by the City at the time of final plat review, relevant requirements of City Code, and the
conditions noted herein.
e. The replatting and development of Outlot E shall be subject to dedication of public trail
easements and construction of a trail by the developer of Outlot E connecting Chippewa
Road to the trail within Outlot B.
12)14) The Property shall be subject to the City’s lawn and landscaping irrigation regulations.
No lawn or landscape irrigation systems shall be permitted to be connected to the City water
system. The Applicants shall address comments of the City Engineer and Public Works
Director related to the design and installation of the irrigation system.
13)15) The required upland buffer adjacent to Lots 31-343-6, Block 7 14 may be reduced to 15
feet in width pursuant Subd. 5(f) of Section 828.43. The Applicants shall update plans to
provide for the buffer easement of this minimum width.
14)16) The plans and construction of Chippewa Road shall be abided by the comments and
recommendations of the City Engineer.
15)17) The Applicants shall plant replacement trees as indicated in the plans received by the City
on 10/14/2021 and record a tree protection declaration to protect preserved trees. The
Applicants shall submit a woodland management plan for review and approval of City staff
and shall implement the activities within the management plan through the year 2025 in lieu
Resolution No. 2022-## 4
DATE
of replacing more trees upon the Property. The Applicants may transfer obligation for the
management plan to the HOA.
16)18) Plans shall be updated to provide a trail along Hillside Drive connecting the gap between
the trails within Outlot B and Outlot A.
17)19) Street names shall be consistent with City naming policies. Specifically, Leaping Deer
Lane shall be updated to Leaping Deer Court.
20) The Applicants shall convey Outlot C to the City with via warranty deed. Plans shall be
updated to include signage or other means to clearly delineate the preserved areas from
private lots.
18)21) The Applicants shall construct the following paved trails and provide easements over the
locations as recommended by City staff:
a. Adjacent to Chippewa Road
b. Within the park
c. Near Mohawk Drive, connecting Chippewa Road to the northwest corner of the site
d. Connecting Chippewa Road to the park through the townhome neighborhood
19)22) The Applicant shall construct Chippewa Road and the watermain connection between
Mohawk Drive and Arrowhead Drive as depicted in the plans received by the City on
10/12/20214/6/2022, except such plans shall be updated to address the comments of the City
Engineer.
20)23) The Applicants shall submit HOA documents for City review and approval prior to
issuance of any building permits on the Property. Such documents shall describe provisions
for maintenance of elements such as the private streets, trails, stormwater improvements,
lawn irrigation, upland buffers, landscaping, partitions/screening between townhomes
patios, and buffer yard landscaping.
21)24) The Applicants shall submit a letter of credit in an amount of 150% of the cost of site
improvements, Chippewa Road improvements, and watermain improvements to ensure
completion.
22)25) The Applicants shall obtain permits from Elm Creek Watershed, Minnesota Department
of Health, Pollution Control Agency, Metropolitan Council and any other relevant agencies.
23)26) Construction of Chippewa Road shall be permitted to result in a bounce above existing
conditions for the large wetland south of Chippewa Road, subject to permitting and
approvals by other relevant agencies and approval by the City Engineer.
24)27) The Applicants shall address the comments of the City Attorney’s Plat Opinion and
otherwise abide by the recommendation of the City Attorney with regard to title matters and
recording instructions.
25)28) The final plat shall be filed within 180 days of the date of this resolution or the approval
shall be considered void, unless a written request for time extension is submitted by the
applicant and approved by the City Council.
26)29) The Applicants shall pay to the City a fee in an amount sufficient to reimburse the City
for the cost of reviewing the plat, construction plans, and other relevant documents.
BE IT FURTHER RESOLVED that Resolution 2021-74 is hereby rescinded as requested
by the Applicant and replaced by the approval described herein.
Resolution No. 2022-## 5
DATE
Dated: .
By: ______________________
Kathleen Martin, Mayor
Attest:
By: ___________________________
Caitlyn Walker, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member ______
and upon a vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2022-## 6
DATE
EXHIBIT A
Legal Description of the Property
Resolution No. 2022-## 7
DATE
Ordinance No. ___ 1
DATE
CITY OF MEDINA
ORDINANCE NO. ___
AN ORDINANCE ESTABLISHING A PLANNED UNIT DEVELOPMENT DISTRICT
FOR “WESTON WOODS OF MEDINA”
AND AMENDING THE OFFICIAL ZONING MAP
THE CITY COUNCIL OF MEDINA, MINNESOTA ORDAINS AS FOLLOWS:
Section 1. The City of Medina previously adopted Ordinance 667, establishing a
Planned Unit Development District for Weston Woods of Medina and received a request to
changechanging the zoning classification of the property legally described in Exhibit A (the
“Property”) to Planned Unit Development. Ordinance 667 has not yet taken effect and the City
subsequently received a request to approve an amended version of the Weston Woods of Medina
Planned Unit Development. Based on the written and oral record before the Planning
Commission and City Council during review of Ordinance 667, during review of the request to
amend said previous approval, as well as all additional testimony submitted to the City, the City
Council has found that the proposed rezoning of the Property to Planned Unit Development is
consistent with the Comprehensive Plan and serves the purpose of the Planned Unit
Development district.
Section 2. The Property is hereby rezoned to PUD, Planned Unit Development. The
location of the zoning amendment is depicted on the map in Exhibit B, attached hereto.
Section 3. The Weston Woods of Medina Planned Unit Development General Plan is
hereby approved.
A.All entitlements, including but not limited to, allowed uses, density, dimensional
standards, setbacks and development standards established within this PUD
District are hereby set forth by the Weston Woods General Plan dated
12/4/20204/6/2022, which are incorporated herein by reference, except as may be
modified by this ordinance or Resolution 2021-03.
B.Any standards not specifically addressed by this Ordinance shall be subject to the
requirements set forth by the City of Medina Zoning Ordinance, including the
Single- and Two-Family Residential (“R2”) and Mid-Density Residential (“R3”)
zoning districts and other relevant standards.
C.The lots within the Property shall be classified as “Single Family,” “Twinhome,”
“Villahome” or “Rowhome” as described in Exhibit B and shall be subject to the
relevant standards described herein.
Agenda Item #5J
Ordinance No. ___ 2
DATE
Section 4. Allowed Uses. The allowed uses within the PUD District shall be as follows:
A. Single Family Lots. The permitted, conditional, and accessory uses shall be
those described in the R2 zoning district. A community pool shall be allowed on
aone single family lot within the PUD.
B. Twinhome Lots. The permitted, conditional, and accessory uses shall be those
described in the R2 zoning district, except that Accessory Dwelling Units shall
not be permitted.
C. Villahome Lots. The permitted, conditional, and accessory uses shall be those
described in the R2 zoning district, except that Accessory Dwelling Units shall
not be permitted.
C.D. Rowhome Lots.
i. The following shall be permitted uses within the Rowhome Lots:
a. Townhouse Dwellings, provided no structure contains more than six
dwelling units
b. Parks and Open Space
c. Essential Services
ii. There shall be no conditional uses permitted within the Rowhome Lots
iii. The accessory uses shall be those described in the R3 zoning district.
Section 5. Lot Standards.
A. The Single Family Lots shall be subject to the requirements of the R2 zoning district
except as explicitly described below.
i. Minimum lot size: 9,000 square feet
ii. Minimum lot width: 70 feet
iii. Minimum lot depth: 130 feet
iv. Minimum front yard setback: 25 feet, except garage doors facing the street
shall be setback a minimum of 30 feet
v. Minimum side yard setback: 10 feet
vi. Minimum rear yard setback: 30 feet. The rear yard setback may be reduced
to 20 feet if abutting a preserved open space or common area, but may not be
reduced if abutting public park property.
vii. Minimum Collector Roadway setback: 40 feet
viii. Maximum impervious surface coverage: 4045%
B. The Twinhome Lots shall be subject to the requirements of the R2 zoning district
except as explicitly described below.
i. Minimum lot size: 3,948 square feet
ii. Minimum lot width: 42 feet
iii. Minimum lot depth: 90 feet
iv. Minimum front yard setback: 25 feet to back of curb
v. Minimum distance between buildings: 3025 feet. Bay windows, balconies,
eaves, overhangs, canopies and other ornamental features not affixed to the
ground may extend into this setback, provided they do not extend a distance
greater than three feet from the structure.
Ordinance No. ___ 3
DATE
vi. Minimum side yard setback: 5 feet, except the side yard setback shall be
reduced to zero for the common wall between two dwelling units. Bay
windows, balconies, eaves, overhangs, canopies and other ornamental features
not affixed to the ground may extend into this setback.
vii. Minimum rear yard setback: 15 feet
viii. Minimum Collector Roadway setback: 40 feet
ix. Maximum impervious surface coverage: 70%
C. The Villahome Lots shall be subject to the requirements of the R2 zoning district
except as explicitly described below.
i. Minimum lot size: 6,000 square feet
ii. Minimum lot width: 60 feet
iii. Minimum lot depth: 100 feet
iv. Minimum front yard setback: 25 feet to back of curb
v. Minimum rear yard setback: 15 feet
vi. Minimum distance between buildings: Based on side yard setback, except bay
windows, balconies, eaves, overhangs, canopies and other ornamental features
not affixed to the ground may extend into this setback, provided they do not
extend a distance greater than three feet from the structure.
vii. Minimum side yard setback: 7.5 feet. Bay windows, balconies, eaves,
overhangs, canopies and other ornamental features not affixed to the ground
may extend into this setback.
viii. Maximum impervious surface coverage: 70%
C.D. The Rowhome Lots shall be subject to the requirements of the R3 zoning district
except as explicitly described below.
i. Minimum Setback from Perimeter of Site: 40 feet
ii. Private street setback: 23 feet to back of curb
iii. Collector Roadway Setback: 40 feet
iv. Minimum distance between buildings: 24 feet
Section 6. Design and Development Standards. All standards not specified by this
ordinance are to be the same as found in the Medina Zoning Ordinance for the relevant
underlying zoning district. The following deviations from the underlying performance standards
are hereby in place for the Weston Woods of Medina Planned Unit Development:
A. Building Materials and Design shall be consistent with the standards approved by
the City Council at the time of final plat review, which shall be subject to review
for consistency with the enhancements required in Resolution 2021-03.
B. Landscaping shall be consistent with the landscaping plan approved by the City
Council at the time of final plat review, which shall be subject to review for
consistency with the enhancements required in Resolution 2021-03.
Section 7. The City of Medina Zoning Administrator is hereby directed to place this
ordinance into effect and to make the appropriate changes to the official zoning map of the City of
Ordinance No. ___ 4
DATE
Medina to reflect the change in zoning classifications as set forth above only upon adoption of the
Comprehensive Plan Amendment related to the Property and recording of the Weston Woods of
Medina plat.
Section 8. Ordinance 667, adopted January 5, 2021 is hereby rescinded, having never
become effective.
Section 8.9. A copy of this Ordinance and the updated map shall be kept on file at the
Medina City Hall.
Section 910. This Ordinance shall be effective upon its passage, publication, and
recording of the Weston Woods of Medina of Medina plat.
Adopted by the Medina City Council this ____ day of ____, 2022.
CITY OF MEDINA
By:
Kathleen Martin, Mayor
Attest:
By:
Caitlyn Walker, City Clerk
Published in the Crow River News on this day the ___ of _____, 2022.
Ordinance No. ___ 5
DATE
EXHIBIT A
Legal Description of the Property
Ordinance No. ___ 6
DATE
Ordinance No. ___ 7
DATE
Ordinance No. ___ 8
DATE
Ordinance No. ___ 9
DATE
EXHIBIT B
Map Depicting “Single Family,” “Twinhome,”, “Villahome,” and “Rowhome” Lots
EXECUTION VERSION
PLANNED UNIT DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF MEDINA
AND
MARK R. SMITH AND KATHLEEN A. SMITH
FOR
WESTON WOODS OF MEDINA
This document drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
735604.v912
Agenda Item #5K
735604.v912 i
TABLE OF CONTENTS
PAGE
1.Zoning; Number of Units; Adherence to General Plan 1
2.Right to Proceed 2
3.Plans; Improvements 3
4.Erosion Control 4
5.Site Grading; Haul Routes 5
6.Construction of Subdivision Improvements 5
7.Private Roads 6
8.Public Streets; Chippewa Road Improvements 7
9.Sanitary Sewer and Water Improvements 8
10.Stormwater Improvements 8
11.Landscaping Plan; Landscape Irrigation System; Tree Removal 9
12.Street Lighting and Signs 10
13.Trails and Sidewalks 10
14.Letter of Credit 1011
15.Homeowners’ Association 1112
16.Wetlands; Upland Buffer and Preservation Area Easement Agreement 12
17.City Trunk Connection Rates; SAC Fees 12
18.Park Dedication Requirements 1213
19.Responsibility for Costs; Escrow for Construction Inspection 13
20.Developer’s Default 13
21.Insurance 1314
22.No Building Permits Approved; Certificates of Occupancy 14
23.Clean up and Dust Control 1415
24.Compliance with Laws 1415
25.Agreement Runs with the Land 15
26.Indemnification 15
27.Assignment 15
28.Notices 1516
29.Severability 16
30.Non-waiver 16
31.Counterparts 16
SIGNATURES 17-18
EXHIBIT A LEGAL DESCRIPTION OF PROPERTY
EXHIBIT B LIST OF PLAN DOCUMENTS
EXHIBIT C FORM OF PRIVATE ROAD MAINTENANCE/EASEMENT AGREEMENT
EXHIBIT D FORM OF STORMWATER MAINTENANCE AGREEMENT
EXHIBIT E FORM OF TREE PROTECTION DECLARATION
EXHIBIT F DEPICTION OF PUBLIC TRAILS
EXHIBIT G FORM OF TRAIL EASEMENT
EXHIBIT H SUBDIVISION IMPROVEMENT COST ESTIMATE
EXHIBIT I FORM OF UPLAND BUFFER/PRESERVATION AREA EASEMENT AGREEMENT
EXHIBIT J FORM OF WARRANTY DEED
EXHIBIT K FORM OF PETITION AND WAIVER
735604.v912 1
This Planned Unit Development Agreement (the “Agreement”) is made and entered into
this ____ day of ______________, 20__, by and between the city of Medina, a municipal
corporation under the laws of Minnesota (the “City”), and Mark R. Smith and Kathleen A. Smith,
husband and wife (collectively, the “Developer”).
WITNESSETH:
WHEREAS,the Developer is fee owner of the property located at 1952 Chippewa Road
and that certain property located immediately to the south thereof, all of which is generally
located east of Mohawk Drive, north of Highway 55, and south of Chippewa Road and legally
described in Exhibit A attached hereto (the “Property”); and
WHEREAS, the Developer previously submitted an application for approval to rezone the
Property to Planned Unit Development, for approval of a General Plan of Development, for
approval of a comprehensive plan amendment affecting the Property, and for approval of a
preliminary plat to subdivide the Property; and
WHEREAS, the Developer intends to develop the Property with 7666 twin homes,4249
single-family residential dwellings, and 32 townhomes for a total of 150147 residential
dwellings; and
WHEREAS, on January 5, 2021, to facilitate said development, the City conditionally
rezoned the Property to Planned Unit Development via Ordinance No. 667, and granted conditional
approval of the General Plan of Development (the “General Plan”) and preliminary plat via
Resolution No. 2021-03; and
WHEREAS, on October 19, 2021, the City granted conditional approval of a requisite
comprehensive plan amendment via Resolution No. 2021-73 and final plat of the first phase of the
development, Weston Woods of Medina (the “Subdivision”), via Resolution 2021-74; and
WHEREAS, on April 19, 2022, the City granted conditional approval of a revised final plat
of the Subdivision and a revised General Plan of Development (the “General Plan”), via Resolution
2022-___; and
WHEREAS, the aforementioned ordinance and resolutions related to the rezoning, the
Developer’s General Plan, preliminary and final plat of the Subdivision, and the comprehensive
plan amendment shall be collectively referred to herein as the “City Approvals”; and
WHEREAS, the City Approvals are contingent upon the Developer entering into a planned
unit development agreement satisfactory to the City.
NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the
parties agree as follows:
Zoning; Number of Units; Adherence to General Plan. a) Subject to execution of1.
this Agreement and all other conditions contained in the City Approvals, the Property has been
735604.v912 2
zoned Planned Unit Development and may be developed with no more than 7666 twin homes,4249
single-family residential dwellings, and 32 townhomes for a total of 150147 residential dwellings.
This represents an increase in the density allowed and other requirements under the previous zoning
designations of the Property and was approved because the City, based on the plans submitted by
the Developer, determined that the development, with its proposed features, met the intent and
purposes of its planned unit development ordinance and the City’s comprehensive plan, as
amended. Approval of said 150147 residential units is strictly conditioned upon the Developer’s
compliance with all terms and conditions of the City Approvals and this Agreement.
b)Adherence to the City Approvals involves restrictions on the Developer’s ability to
use and develop the Property. The Developer has carefully reviewed the City’s planned unit
development ordinance and the terms and conditions of the City Approvals and understands the
limitations on the use and development of the Property that such regulations and approvals impose.
The Developer has knowingly and willingly agreed to be bound by such regulations and approvals
because it has concluded it is in its best interests to see the Property developed pursuant to such
regulations and approvals.
Right to Proceed. The Subdivision is the first phase of the Development and2.
consists of 7666 twin home lots,4249 single-family lots, and several outlots. The Developer may
not construct public or private improvements or any buildings within the Subdivision until all of the
following conditions precedent have been satisfied:
the final plat of Weston Woods of Medina has been filed with Hennepina)
Countyapproved by the City;
this Agreement has been executed by the Developer and the City andb)
recorded with Hennepin County land records;
the required Letter of Credit (as hereinafter defined) has been received byc)
the City from or on behalf of the Developer;
final engineering and construction plans in digital form regarding thed)
Subdivision Improvements (as hereinafter defined) have been submitted by
the Developer and approved by the City engineer;
the Developer has reimbursed the City for all legal, engineering ande)
administrative expenses incurred to date by the City regarding the
Subdivision and has deposited with the City the additional inspection
escrow required by this Agreement;
the Developer has executed a Private Road Maintenance and Easementf)
Agreement substantially in the form attached hereto as Exhibit C;
the Developer has executed two Stormwater Maintenance Agreementsg)
substantially in the form attached hereto as Exhibit D;
the Developer has executed a tree preservation declaration substantially inh)
the form attached hereto as Exhibit E;
the Developer has executed a trail easement substantially in the formi)
attached hereto as Exhibit G;
the Developer has executed the Upland Buffer and Preservation Areaj)
Easement Agreement substantially in the form attached hereto as Exhibit I;
the Developer has submitted the storm sewer improvement tax district,k)
735604.v912 3
private road, and tree replacement disclosure statements required by
sections 7, 10 and 11, respectively, of this Agreement;
the Developer has made the agreed upon payment to the City for wetlandl)
credits as required in section 8 of this Agreement;
the Developer has met all requirements of the approved wetlandm)
replacement plan;
the Developer has executed a warranty deed for Outlot C substantially inn)
the form attached hereto as Exhibit J;
the Developer has executed the Petition and Waiver Agreement in the formo)
attached hereto as Exhibit K;
o)the Developer has submitted and the City has approved the certifiedp)
grading plan;
p) all erosion control measures are in place;q)
q)the Developer has received all required permits from the Elm Creekr)
Watershed District, the Minnesota Pollution Control Agency and any other
entity having jurisdiction over the Subdivision;
r)the Developer or the Developer’s engineer has initiated and attended as)
preconstruction meeting with the City engineer and staff; and
s)the City has issued a notice that all conditions precedent have beent)
satisfied and that the Developer may proceed to construct the
improvements contemplated by this Agreement.
Notwithstanding the foregoing, the Developer may request written approval from the City to
allow the commencement of certain gradingconstruction activities prior to the final plat being
recorded and, as it relates only to grading improvements, receipt of the full Letter of Credit, as
otherwise required in sections 1a) and 1c) above, provided, however, that (i) any decision
regarding whether to grant such written approval shall be left entirely to the discretion of City
staff and consultants, and (ii)saidearly grading activities may commence only after the Developer
provides the City with a letter of credit or cash escrow in an amount determined by the city
engineer to adequately secure 150% of the City’s maximum risk exposure in relation to said work
(the “Grading Security”). All provisions contained in this Agreement related to the Letter of
Credit, as that term is defined in section 14, shall likewise apply to the Grading Security,
including but certainly not limited to, all rights afforded to the City under sections 14 and 20.
The parties agree and acknowledge that this Agreement only facilitates the first phase of the
Development and any future phase(s) will require a separate development agreement that meets
all requirements of the City.
Plans; Improvements. a) The Developer agrees to develop the Subdivision in3.
accordance with the final plat of Weston Woods of Medina and the terms and conditions of the City
Approvals, which are hereby fully incorporated by reference into this Agreement and made a part
hereof, and to construct all required improvements in accordance with the approved engineering
and construction plans (collectively, the “Plans”) and this Agreement. In the event of a conflict
between the terms of the City Approvals and this Agreement, this Agreement shall control. The
documents which constitute the Plans are those on file with and approved by the City and are listed
on Exhibit B attached hereto. The Plans may not be modified by the Developer without the prior
735604.v912 4
written approval of the City or except as expressly provided in this Agreement. Notwithstanding
the foregoing, City staff may approve minor changes to the Plans.
b)In developing the Subdivision in accordance with the Plans, the Developer shall
make or install at its sole expense the following public and private improvements (collectively, the
“Subdivision Improvements”):
1.site grading;
2.streets, public and private (Internal Public Streets, the Chippewa Road
Improvements, Private Roads);
3.trails and sidewalks, public and private;
4.sanitary sewer;
5.municipal water distribution system;
6.stormwater facilities;
7.landscaping;
8.landscape irrigation system;
9.upland buffers;
10.floodplain mitigation; and
11.street lighting and signage.
c)All work performed by or on behalf of the Developer on or related to the
Subdivision, including construction of the Subdivision Improvements and construction of houses
on the lots, shall be restricted to the hours of 7:00 a.m. through 8:00 p.m., Monday through Friday
and 8:00 a.m. through 5:00 p.m. on Saturday.
Erosion Control. a)All construction regarding the Subdivision Improvements4.
shall be conducted in a manner designed to control erosion and in compliance with all City
ordinances and other requirements, including the City’s permit with the Minnesota Pollution
Control Agency regarding municipal separate storm sewer system program. Before any portion
of the Property is rough graded, an erosion control plan shall be implemented by the Developer
as approved by the City. The City may impose reasonable, additional erosion control
requirements after the City’s initial approval if the City deems such necessary due to a change in
conditions. All areas disturbed by the excavation shall be reseeded promptly after the completion
of the work in that area unless construction of streets or utilities, buildings or other
improvements is anticipated immediately thereafter. Except as otherwise provided in the erosion
control plan, seed shall provide a temporary ground cover as rapidly as possible. All seeded
areas shall be mulched, and disc anchored as necessary for seed retention. The parties recognize
that time is of the essence in controlling erosion.
b)If the Developer does not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems
reasonably appropriate to control erosion based on the urgency of the situation. The City agrees
to provide reasonable notice to the Developer in advance of any proposed action, including
notice by telephone or email in the case of emergencies, but limited notice by the City when
conditions so dictate will not affect the Developer’s obligations or the City’s rights hereunder.
735604.v912 5
c)The Developer agrees to reimburse the City for all expenses it incurs in
connection with any action it takes to control erosion. No grading or construction of the
Subdivision Improvements will be allowed and no building permits will be issued within the
Subdivision unless the Developer is in full compliance with the erosion control requirements.
The erosion control measures specified in the Plans or otherwise required within the Property or
adjacent areas shall be binding on the Developer and its successors and assigns.
Site Grading; Haul Routes. a) In order to construct the Subdivision Improvements5.
and otherwise prepare the land for development, it will be necessary for the Developer to grade
the Subdivision. All site grading must be done in compliance with the Plans and the
requirements of the Minnesota Pollution Control Agency regarding contaminated soils. The City
may withhold issuance of building permits for structures within the Subdivision until the
approved certified grading plan is on file with the City and all erosion control measures are in
place as determined by the City. Within 30 days after completion of the grading, the Developer
shall provide the City with an “as constructed” grading plan and a certification by a registered
land surveyor or engineer.
b)The Developer agrees that any fill material which must be brought to or removed
from the Property or adjacent areas while grading or during construction of the Subdivision
Improvements or any buildings within the Subdivision will be transported using the haul route
established by the City. The City designates the three established haul routes as Arrowhead
Drive to T.H. 55, Mohawk Drive to and from T.H. 55, and Chippewa Road to Willow Drive to
and from T.H. 55. Throughout the construction of various components of the Subdivision
Improvements, the Developer shall adhere to the City’s reasonable direction related to established
haul routes.
Construction of Subdivision Improvements. a) All Subdivision Improvements6.
shall be installed in accordance with the Plans, the City Approvals, this Agreement, the City’s
subdivision regulations, the City’s engineering standards (as hereinafter defined) for utility
construction and the requirements of the report from the City engineer dated ______________,
2021. The Developer shall submit plans and specifications for the Subdivision Improvements
prepared by a registered professional engineer. The Developer shall obtain any necessary permits
from the Minnesota Pollution Control Agency, the Metropolitan Council, the Minnesota
Department of Health, the Elm Creek Watershed Management Commission and any other agency
having jurisdiction before proceeding with construction. The City shall inspect all work at the
Developer’s expense. The Developer, its contractors and subcontractors, shall follow all
instructions received from the City’s inspectors. Prior to beginning construction, the Developer
or the Developer’s engineer shall schedule a preconstruction meeting with all parties concerned,
including the City staff and engineers, to review the program for the construction work.
b) Within 45 days after the completion of the Subdivision Improvements, the Developer
shall supply the City with a complete set of reproducible “as constructed” plans and three
complete sets of paper “as constructed” plans, each prepared in accordance with City standards
and in AutoCADD format based on Hennepin County coordinates. Sanitary sewer, water and
stormwater “as constructed” plans shall also be submitted to the City in GIS format compatible
with ArcMap 10 in the coordinates and with the attributes directed by the City Engineer. Iron
735604.v912 6
monuments must be installed in the Subdivision in accordance with state law. The Developer’s
surveyor shall submit a written notice to the City certifying that the monuments have been
installed. All Subdivision Improvements required by this Agreement shall be completed by no
later than September 30, 2023, except as specifically noted otherwise in this Agreement.
c) The Developer agrees to require its contractor to provide to the City a warranty bond
for the public streets, sanitary sewer, and municipal water distribution sys tem to cover defects in
labor and materials for a period of two years from the date of completion of such improvements,
including the completion of the final wear course of bituminous on public streets. Because it is
contemplated that the public utilities and public streets will be completed at different times,
separate warranty bonds may be provided. During such warranty periods, the Developer agrees to
repair or replace any Subdivision Improvement, or portion or element thereof, which shows signs
of failure, normal wear and tear excepted. A decision regarding whether a Subdivision
Improvement shows signs of failure shall be made by the City in the reasonable exercise of its
judgment. If the Developer fails to repair or replace a defective Subdivision Improvement during
the warranty period after prior written notice to Developer and opportunity to cure as provided in
section 20 of this Agreement, the City may repair or replace the defective portion and may use
the Letter of Credit, as hereinafter defined, to reimburse itself for such costs. The Developer
agrees to reimburse the City fully for the cost of all Subdivision Improvement repairs or
replacement if the cost thereof exceeds the remaining amount of the Letter of Credit. Such
reimbursement must be made within 45 days of the date upon which the City notifies the
Developer of the cost due under this section. If the Developer fails to make required payments to
the City, the Developer hereby consents to the City levying special assessments for any
unreimbursed amount associated with such costs against the lots within the Subdivision except
those which have been sold to homeowners. The Developer, on behalf of itself and its successors
and assigns, acknowledges the benefit to the lots within the Subdivision of the repair or
replacement of the Subdivision Improvements and hereby consents to such assessment and
waives the right to a hearing or notice of hearing or any appeal thereon under Minnesota Statutes,
Chapter 429.
Private Roads. a) The Developer agrees to construct private roads over Outlots F7.
and H of the Subdivision to serve certain lots within the Subdivision (the “Private Roads”), in
accordance with the Plans. The Private Roads shall remain private and shall be maintained by
the Developer or by the HOA, as hereinafter defined. Additionally, the Developer agrees to enter
into a separate private road maintenance and easement agreement, the form of which is attached
to this Agreement as Exhibit C, to ensure ongoing maintenance of the Private Roads and to
provide the City with necessary access to the Private Roads. The Private Roads shall be
constructed and the private road maintenance and easement agreement shall be executed and
recorded prior to the sale of any lots within the Subdivision. The Developer acknowledges that i)
the Private Roads will not be accepted by the City; ii) the City does not plan to maintain or pay
for maintenance, repair or replacement of the Private Roads and that the Developer initially and
the HOA ultimately will have responsibility for such work; iii) the City has the right but not the
obligation to perform necessary work upon the failure or refusal by the Developer or the HOA to
do so; and iv) if the City performs any work on the Private Roads, the City has the right to
specially assess or otherwise recover the cost of such work against the lots that are served by the
Private Roads. The Developer agrees to inform purchasers of lots served by the Private Roads
735604.v912 7
that i) the City does not plan to maintain or pay for maintenance, repair or replacement of the
Private Roads and that the HOA will have primary responsibility for such work; ii) the City has
the right but not the obligation to perform necessary work upon the failure or refusal by the HOA
to do so; and iii) if the City performs any work on the Private Roads, the City is authorized and
intends to recover the cost of such work from the owners of the lots served by the Private Roads.
b)The Private Roads shall be completed by no later than the date for completion of all
Subdivision Improvements, except that the final wear course of bituminous on the Private Roads
shall be completed within two years of said date but not until at least one freeze-thaw cycle occurs
following construction all other components of the Private Roads. The Developer shall also repair
or replace all broken or failing curbs and sidewalks, normal wear and tear excepted, at the time of
installation of the final wear course of bituminous.
Public Streets; Chippewa Road Improvements. a) The Developer agrees to8.
construct Brookview Court, Hillside Drive, and Leaping Deer Court (the “Internal Public Streets”)
in accordance with the City’s street specifications and the Plans. The City’s street specifications are
contained in the most recent edition of its engineering standards (the “Engineering Standards”),
which is hereby incorporated into this Agreement by reference. If there is a conflict between the
Plans and the Engineering Standards, the Engineering Standards shall prevail except when an
alternative has been explicitly approved in writing by the City.
b)Additionally, to facilitate the transportation needs prompted by the development and
to provide for the infrastructure necessary in light of the approved modification to the Property’s
staging in the City’s comprehensive plan, the Plans include certain improvements to Chippewa
Road, including the construction of public street, public trail, and accompanying stormwater
elements so that Chippewa Road will extend from Mohawk Drive to Arrowhead Drive (the
“Chippewa Road Improvements”). Because the Chippewa Road Improvements will impact the
floodplain, the Developer shall also provide compensatory floodplain storage on the Property in
accordance with the Plans. Additionally, the Developer agrees to contribute toward the wetland
credits that are to be purchased by the City as a result of the Chippewa Road Improvements in the
amount of $286,142, and said payment shall be made by the Developer to the City in three
installments of $95,380.67. Said installments shall be due on the effective date of this Agreement
(the date the Agreement is executed by the second party) and on the first and second anniversary of
said effective date. The City shall be responsible for all design and permitting costs necessary for
the Chippewa Road Improvements incurred after January 5, 2021.
c)All public street improvements shall be completed by no later than the date for
completion of all Subdivision Improvements except that (i) the final wear course of bituminous on
the Internal Public Streets shall not be completed until after 80 percent of the single-family
dwellings in the Subdivisiongaining access from said Internal Public Streets (3432 of 4240
single-family dwellings) have been completed; and (ii) the final wear course of bituminous on
Chippewa Road shall not be completed until one freeze-thaw cycle occurs following the initial
street improvements on Chippewa Road. Notwithstanding the above, upon request by the
Developer in writing, the City may authorize the installation of the wear course on the Internal
Public Streets prior to the 80 percent buildout of single-family dwellingsrequired above, provided,
however, that the City determines in its sole discretion that such authorization is in the public
735604.v912 8
interest. Additionally, the City reserves the right to require the installation of the wear course on any
of the Internal Public Streets whenever, at its sole discretion, it deems that to be in the public
interest. The Developer shall repair or replace all broken or failing curbs and sidewalks, normal
wear and tear excepted, at the time of installation of the final wear course of bituminous.
d)Following completion of the public streets addressed in this section 8 and the
inspection thereof by the city engineer, the City agrees to accept said streets for maintenance if they
have been constructed according to City specifications, including the Engineering Standards and the
Plans. Removal of snow and ice from said streets shall remain the responsibility of the Developer
until the City accepts the streets for maintenance. Until the City accepts Chippewa Road for
maintenance, the Developer may prohibit public access to Chippewa Road.
e)During development and thereafter, vehicles will access the Property through
Mohawk Drive, and as part of the Subdivision Improvements, the Developer has requested
permission to open-cut Mohawk Drive to extend utilities to the Property. All of this will contribute
to the need to add pavement to Mohawk Drive prior to construction and, following construction,
perform pavement overlay on Mohawk Drive north of T.H. 55 (collectively, the “Mohawk
Improvements”). Instead of the City requiring the Developer to perform the Mohawk
Improvements, the parties have determined that it is preferable for the Mohawk Improvements to be
constructed by the City and for the Developer to contribute toward said project upon completion.
Accordingly, the Developer agrees to enter into a Petition and Waiver Agreement in the form
attached hereto as Exhibit K to ensure that the City has a valid and collectible assessment for the
Mohawk Improvements.
Sanitary Sewer and Water Improvements. a) The Developer agrees to construct9.
sanitary sewer and water lines to serve the lots within the Subdivision as well as to extend sewer
and water mains to serve the Subdivision. The Developer’s work in constructing and extending
the utilities must be in accordance with the Plans and must comply with all City requirements
regarding such utilities. The sanitary sewer main and water main extensions, as contained in the
Plans, will be dedicated by the Developer to the City as public improvements upon completion
and acceptance by the City notwithstanding whether they are located underneath the Private
Roads.
Stormwater Improvements. a) The Developer agrees to construct the stormwater10.
facilities in accordance with the Plans and in compliance with all City requirements regarding
such improvements. The stormwater facilities include but are not limited to the ponds, irrigation
reuse sys tem, filtration basins,and related facilities, all as shown on the Plans. In the event that
the Developer installs a well to supplement the water used by its irrigation reuse system, it shall
meter and keep record of the amount of water utilized by said well and it shall make said records
available to the City upon request. The Developer acknowledges that an appropriation permit
may be required depending on the amount of water utilized by said well, per state requirements.
b)The stormwater facilities serving the Subdivision, except for the three ponds
identified in the Plans as 9P, 11P, and 12P, will remain private and will be maintained by the
Developer at its sole expense until taken over by the HOA, as hereinafter defined. Except for the
three public ponds identified in the preceding sentence, the City does not intend to accept the
735604.v912 9
stormwater facilities as public and does not intend to maintain them. In order to meet the
requirements of the Elm Creek Watershed Management Commission and City code, the Developer
agrees to enter into two Stormwater Maintenance Agreements with the City, one for the
single-family dwellings and one for the twin homes, in the form attached hereto as Exhibit D. The
purpose of the Stormwater Maintenance Agreement is to ensure that the Developer maintains the
stormwater facilities until taken over by the HOA and to give the City the right but not the
obligation to do so if the Developer fails in its obligations. The Stormwater Maintenance
Agreement will be recorded against all land within the Subdivision and will run with the land. The
Developer acknowledges that i) the stormwater facilities have not and will not be accepted by the
City; ii) the City does not plan to maintain or pay for maintenance, repair or replacement of the
stormwater facilities and that the Developer and ultimately the HOA will have primary
responsibility for such work; iii) the City has the right but not the obligation to perform necessary
work upon the failure or refusal by the Developer or HOA to do so; and iv) if the City performs
any work on the stormwater facilities after reasonable notice to the Developer or HOA and the
failure of the Developer or HOA to perform the work, the City intends to specially assess the cost
of such work against the lots within the Subdivision and other portions of the Property.
c)The Developer will make the HOA responsible for the maintenance, repair or
replacement of the stormwater facilities as needed and the HOA documents recorded with
Hennepin County shall so require. The HOA shall be responsible for the maintenance, repair or
replacement of the stormwater facilities serving any portion of the Property, except for the three
aforementioned public ponds. The Developer agrees to inform purchasers of lots within the
Subdivision that i) the City does not plan to maintain or pay for maintenance, repair or
replacement of the stormwater facilities and that the HOA will have primary responsibility for
such work; ii) the City has the right but not the obligation to perform necessary work upon the
failure or refusal by the HOA to do so; and iii) if the City performs any work on the stormwater
facilities after reasonable notice to the Developer or HOA and the failure of the Developer or
HOA to perform the work, the City intends to recover the cost of such work against the lots
within the Subdivision. Notwithstanding the above, the City will accept and maintain those
elements of the stormwater facilities which are located on public rights-of-way.
d)The Developer acknowledges that the City intends to establish a storm sewer
improvement tax district which includes all land within the Subdivision. The district will be
established pursuant to Minnesota Statutes, sections 444.16 to 444.21 and will authorize the City
to acquire, construct, reconstruct, extend, maintain, and otherwise improve storm sewer sys tems
and related improvements within or serving the Subdivision if such work becomes necessary in
the opinion of the City. In recognition of this possibility, the Developer agrees to provide
prospective lot purchasers with a disclosure statement informing them of the existence of the
storm sewer improvement tax district and that a tax could be imposed on the lots within the
Subdivision if the City is required to repair or maintain the storm sewer systems and related
improvements. The wording of the disclosure statement must be approved by the City for use in
connection with the sale of lots in the Subdivision prior to its distribution or use by the
Developer.
Landscaping Plan; Landscape Irrigation Plan; Tree Removal. a) The Developer11.
agrees to install landscaping in accordance with the Plans. All landscaping shall include hardy,
735604.v912 10
non-invasive and drought tolerant species appropriate for Minnesota. All landscaping materials
shall be maintained and replaced if they die within two years.
b)Any automatic water irrigation system utilized on the Property shall be equipped
with rain sensors or soil moisture sensors and is subject to the City’s irrigation ordinance and water
conservation ordinance which prohibits the use of treated municipal water in connection with
landscape irrigation sys tems. Notwithstanding the aforementioned prohibition regarding water
irrigation systems, water may be utilized from the public water sys tem for a limited period of
time until the landscaping material within the Subdivision has been established. The Developer
will submit the plans for the irrigation sys tem prior to any permit being issued for any structures
within the Subdivision.
c)On or before DecemberAugust 31,20212022, the Developer shall obtain and shall
thereafter, through December 31, 2025, implement a tree management plan for all trees that are
being preserved within the Subdivision, including, but certainly not limited to, those within
Outlot C. After December 31, 2025, said tree management responsibilities shall be assigned to
the HOA, except for those trees located within Outlot C which the HOA shall have no obligation
to manage. Additionally, any tree removal on the Property beyond what is contained in the Plans
shall be subject to replacement or fees in accordance with the City’s tree preservation ordinance.
d)The Developer agrees to execute and record a tree preservation declaration by
separate instrument in the form attached hereto as Exhibit E. Additionally, during construction
of the Subdivision Improvements and any houses, the Developer shall place signage within the
Subdivision regarding the limitations on tree removal. The Developer shall also provide
prospective lot purchasers with a disclosure statement informing them of the tree removal
limitations. The wording of the disclosure statement must be approved by the City for use in
connection with the sale of lots in the Subdivision prior to its distribution or use by the
Developer.
Street Lighting and Signs.The Developer agrees to install street lighting and street12.
signs within the Subdivision at its sole cost. The City agrees to install, maintain, repair and
replace street lighting and street signs related to the Chippewa Road Improvements at its sole
cost. Prior to the issuance of any building permits, the Developer shall submit lighting details to
the City for review and approval by City staff. All lighting shall meet City standards. Street
lighting shall include lighting fixtures approved by the City and shall be equipped with
luminaries which allow no light more than five percent above the horizontal plane. The
Developer or the HOA will be required to maintain the lighting fixtures located along the Private
Roads. Street signs shall be of a design approved by the City and those located along public
right-of-way shall be dedicated by the Developer to the City after installation and acceptance by
the City. If repair or replacement is necessary for those street signs located along public
right-of-way, the City will repair or replace with the City’s standard form of street sign. Should
the Developer or the HOA, as the case may be, desire to repair or replace such signs with any
other type of street sign, the Developer or the HOA will be required to pay for repair or
replacement. All street signs that are internal to the Subdivision and not located along public
right-of-way, i.e. those located along the Private Roads, shall be maintained, repaired, and
replaced by the Developer or the HOA.
735604.v912 11
Trails and Sidewalks. All trails and sidewalks shall be constructed by the13.
Developer in accordance with the Plans. Additionally, all trails, except for the public trails
depicted on Exhibit F attached hereto, shall be privately owned and maintained by the Developer
or the HOA. The City shall have no obligation to maintain, repair, or replace such private trails.
The Developer shall have no obligation to maintain, repair, or replace the public trails and the
sidewalks. If constructed in accordance with the Plans, the sidewalks shall be accepted by the
City at the same time as the public streets adjacent thereto, provided, however, that the
Developer shall be required to repair any public sidewalks damaged during construction of
homes within the Subdivision. The Developer shall also execute a trail easement in the form
attached hereto as Exhibit G. It is expressly understood and agreed to by the parties that the
public trail easement and construction required herein will not include a segment of trail that will
extend through Outlot E of the Subdivision, which will be final platted and developed for
townhomes in a subsequent phase of the Development, because waiting to define the
configuration of that trail segment will provide the Developer with desired design flexibility for
the aforementioned townhomes. To accommodate said trail segment, the Developer agrees that it
will provide another trail easement to the City, in the same or similar form as required herein,
and will construct said trail segment, all at the time the future townhome phase is final platted
and developed.
Letter of Credit. a) In order to ensure completion of the Subdivision14.
Improvements required under this Agreement and satisfaction of all fees due to the City, the
Developer agrees to deliver to the City prior to the City’s release of the final plat of the
Subdivision for recording, a letter of credit (the “Letter of Credit”) in the amount of
$3,876,000.002,602,689.15 which represents 150 percent of the estimated cost of the Subdivision
Improvements as specified in the Plans. This amount represents the maximum risk exposure for
the City, based on the anticipated sequence of construction and the estimate of cost of each
element of the Subdivision Improvements, rather than the aggregate cost of all required
Subdivision Improvements. The Letter of Credit shall be delivered to the City prior to beginning
any work on the Subdivision Improvements and shall renew automatically thereafter until
released by the City. The estimated cost of the work covered by the Letter of Credit is itemized
on Exhibit H attached hereto. The Letter of Credit shall be issued by a bank determined by the
City to be solvent and creditworthy and shall be in a form acceptable to the City. The Letter of
Credit shall allow the City to draw upon the instrument, in whole or part, in order to complete
construction of any or all of the Subdivision Improvements and other specified work within the
Subdivision and to pay any fees or costs due to the City by the Developer after written notice to
Developer and Developer’s failure to cure the default within a reasonable period.
b)The amount of the Letter of Credit may be reduced as often as monthly, in total or
proportionately, as the Subdivision Improvements are completed upon written request from the
Developer. Upon such request, the City agrees to reduce the Letter of Credit to an amount
roughly equal to 150 percent of the cost of the remaining work, subject to evaluation of the City’s
maximum risk exposure and satisfaction of the Developer’s financial obligations to the City. The
Letter of Credit shall be released in full and returned to the Developer within 60 days following
installation of the final wear course of bituminous; expiration of the two-year warranty period for
the landscaping; after satisfaction of all financial obligations by the Developer to the City; and
735604.v912 12
after completion and acceptance of all Subdivision Improvements. Prior to releasing any portion
of the Letter of Credit or accepting another letter of credit in replacement, the City shall first be
satisfied regarding the quality and completeness of the work and that the Developer has taken
such steps as may be necessary to ensure that no liens will attach to the Subdivision.
Notwithstanding anything herein to the contrary, the Letter of Credit shall not be reduced to less
than $50,000, until such time as the City releases the entire Letter of Credit and subject to
delivery of the required warranty bond to the City.
c)It is the intention of the parties that the City at all times have available to it a
Letter of Credit in an amount adequate to ensure completion of all elements of the Subdivision
Improvements and other obligations of the Developer under this Agreement. To that end and
notwithstanding anything herein to the contrary, all requests by the Developer for a reduction or
release of the Letter of Credit shall be evaluated by the City in light of that principle.
d)If at any time the City reasonably determines that the bank issuing the Letter of
Credit no longer satisfies the City’s requirements regarding solvency and creditworthiness, the
City shall notify the Developer and the Developer shall provide to the City within 30 days a
substitute Letter of Credit from another bank meeting the City’s requirements. If within 30 days
of notice the Developer fails to provide the City with a substitute Letter of Credit from an issuing
bank satisfactory to the City, the City may draw under the existing Letter of Credit.
Homeowners’ Association. a) The Developer agrees to establish one or more15.
homeowners’ associations (collectively, the “HOA”), which shall include all land within the
Property, except for Outlot C of the Subdivision. The Developer agrees to record covenants
against said land for this purpose, which covenants must be in form and substance acceptable to
the City. The covenants shall be filed by the Developer with Hennepin County prior to any
building permits being issued for the Subdivision.
b)The HOA covenants must provide, among other things, for HOA maintenance of
the Private Roads, street lights and signage along the Private Roads, stormwater facilities (except
for the three public ponds identified in section 10 of this Agreement), upland buffers,
preservation areas, the private landscape irrigation system (if any), all common areas in the
Subdivision, the implementation of the tree management plan starting in 2026, as required under
section 11 of this Agreement, and any other components of the development that, per this
Agreement, expressly require HOA involvement. The City must approve the HOA covenants
and will require that certain provisions thereof may not be amended or deleted without prior
written City approval. The HOA shall not be responsible for repair, maintenance or replacement
of the Chippewa Road Improvements, public park, public trails or other public facilities, such as
Mohawk Drive.
Wetlands; Upland Buffer Easement Agreement. The Developer must meet the16.
requirements of the approved wetland replacement plan. The Developer also agrees to execute the
Upland Buffer and Preservation Area Easement Agreement in the form attached hereto as Exhibit I.
The purpose of said agreement is to enhance water quality in the wetlands, provide, following
completion of construction, no structures or fill are placed in those areas and in the preservation
areas, and to ensure that those areas are maintained in such condition thereafter. The materials to
735604.v912 13
be planted within the disturbed areas are specified in the Plans and vegetation therein shall be
established consistent with the City’s ordinances. The Upland Buffer and Preservation Area
Easement Agreement will be recorded against the Property and will run with the land. The
Developer agrees to make the HOA responsible for its maintenance obligations under the Upland
Buffer and Preservation Area Easement Agreement and the HOA documents recorded with
Hennepin County, as required in section 15 of this this Agreement, will so require.
City Trunk Connection Rates; SAC Fees. a) In accordance with City policy and17.
to distribute uniformly the costs of public utility infrastructure improvements, the City will
charge the Developer trunk connection fees for the availability of sanitary sewer and water to the
Property. The rates are typ ically adjusted annually. The trunk connection fees for sanitary sewer
and water shall be payable at the time of issuance of each building permit at the then-current
rates, provided, however, that the per-lot water connection fee for the 7666 twin home lots
withinin Block 7 ofand the Subdivisionnine villa home lots (Lots 1-4, Block 9 and Lots 5-9,
Block 8) shall be charged at the then-current rate minus $3,7653,815.20 in exchange for the
Developer’s construction of the 12” water main extension from Arrowhead Drive to Mohawk
Drive.
b) The Metropolitan Council also charges the City a sewer availability charge for each
new connection to the metropolitan sanitary sewer disposal sys tem or increase in capacity
demand. The Developer agrees to reimburse the City for any sewer availability charge paid by
the City to the Metropolitan Council. The Metropolitan Council’s current rate is $2,485.00 per
unit.
Park Dedication Requirements. The Developer shall meet its park dedication18.
obligations, as required in the City’s subdivision ordinance, through land dedication. Specifically,
the Developer agrees to convey Outlot C of the Subdivision to the City via warranty deed and in
the form attached hereto as Exhibit J, and the Developer shall execute a trail easement as required
in Section 13 of this Agreement. The Developer shall execute said documents, which shall meet all
requirements of the city attorney, prior to the City’s release of the final plat of the Subdivision for
recording. Upon acceptance of the public trails, the City shall be responsible for all costs of
maintenance, repair and replacement of the public trails.
Responsibility for Costs; Escrow for Construction Inspection. a) The Developer19.
agrees to pay to the City an administrative fee in the amount necessary to reimburse the City for
its reasonable costs and expenses in reviewing the Subdivision, including the drafting and
negotiation of this Agreement. The Developer agrees to reimburse the City in full for such
reasonable costs within 45 days after notice in writing by the City. The Developer further agrees to
reimburse the City for the reasonable cost incurred in the enforcement of any provision of this
Agreement, including reasonable engineering and attorneys’ fees. Reimbursement of such costs and
fees shall be subject to the Developer’s right to review of invoices, billing records, and other data to
ensure that the costs are reasonable and fairly attributed to the Subdivision.
b) The Developer shall also pay a fee for City construction observation and
administration relating to construction of the Subdivision Improvements. Construction
observation shall include inspection of all the Subdivision Improvements.In order to reimburse
735604.v912 14
the City for the reasonable cost of inspection of the Subdivision Improvements, the Developer
shall deposit an additional $125,000.00 into an escrow account with the City, which shall receive
and hold such funds solely under the terms of this Agreement. The City shall reimburse itself for
expenses from the escrow and will provide the Developer with a copy of any invoice from the
city engineer or evidence of other cost or expense attributed to the escrow prior to deducting such
funds from the escrow. If any funds held under this escrow exceed the amount necessary to
reimburse the City for its costs under this section, such funds shall be returned to the Developer
without interest. If it appears that the actual costs incurred will exceed the estimate, the
Developer and the City shall review the costs required to complete the project and the Developer
shall deposit additional sums with the City.Reimbursement of such costs and fees shall be subject
to the Developer’s right to review of invoices, billing records, and other data to ensure that the costs
are reasonable and fairly attributed to construction of the Subdivision Improvements.
Developer’s Default.In the event of default by the Developer as to construction or20.
repair of any of the Subdivision Improvements or any other work or undertaking required by this
Agreement, and such default continues for 30 days after the City provides notice to the
Developer of the nature of the default pursuant to the notice requirements in this Agreement, or if
such default cannot be cured within 30 days, after such time period as may be reasonably
required to cure the default provided that Developer is making a good faith effort to cure said
default, the City may, at its option, perform the work and the Developer shall promptly reimburse
the City for any expense incurred by the City. This Agreement is a license for the City to act, and
it shall not be necessary for the City to seek an order from any court for permission to enter the
Property for such purposes. If the City does any such work, the City may, in addition to its other
remedies, levy special assessments against the land within the Subdivision to recover the costs
thereof, provided, however, that it does not exceed the total Letter of Credit amount specified in
section 14. For this purpose, the Developer, for itself and its successors and assigns, expressly
waives any and all procedural and substantive objections to the special assessments, including
but not limited to, hearing requirements and any claim that the assessments exceed the benefit to
the land so assessed. The Developer, for itself and its successors and assigns, also waives any
appeal rights otherwise available pursuant to Minnesota Statutes, section 429.081.
Insurance. The Developer agrees to take out and maintain or cause to be taken out21.
and maintained until six months after the City has accepted the Subdivision Improvements,
public liability and property damage insurance covering personal injury, including death, and
claims for property damage which may arise out of Developer’s work or the work of its
contractors or subcontractors. Liability limits shall not be less than $500,000 when the claim is
one for death by wrongful act or omission or for any other claim and $1,500,000 for any number
of claims arising out of a single occurrence. The City shall be named as an additional insured on
the policy. The certificate of insurance shall provide that the City must be given the same
advance written notice of the cancellation of the insurance as is afforded to the Developer.
No Building Permits Approved; Certificates of Occupancy. a) Approvals granted22.
to date by the City regarding the Subdivision do not include approval of a building permit for any
structure within the Subdivision. The Developer must submit and the City must approve
building plans prior to an application for a building permit for a structure on any lot within the
Subdivision. All building pads must be certified prior to initiation of construction of a home on a
735604.v912 15
lot. The Developer or the party applying for a building permit shall be responsible for payment
of the customary fees associated with the building permit and all other deferred fees as specified
in this Agreement.
b)No building permit shall be issued for any structure within the Subdivision until
utilities and adequate access are available to the respective lot, provided, however, that no
certificate of occupancy shall thereafter be issued until all utilities are available and the first lift
of bituminous has been completed for all streets accessing said lot. Notwithstanding the
foregoing, City staff may approve the issuance of a building permit for one model twin home
(two lots) in the Subdivision earlier than otherwise allowed above, in its sole discretion,
provided, however, that the Developer assumes all risk related to any damage done to any
Subdivision Improvements or delays caused by any construction activities performed on the
Property and related to said building permit. When exercising the aforementioned discretion, City
staff may take into consideration any factors that it deems relevant, including, but not necessarily
limited to, location, progress on Subdivision Improvements, potential for conflict with ongoing
Subdivision Improvements, access, contractor parking, public safety, and concerns related to
erosion and sediment.
c)Additionally, no certificate of occupancy shall be issued for any home constructed
in the Subdivision unless prior thereto the lot has been graded and all landscaping installed in
accordance with the Plans, the driveway has been installed, the footing drain tile or sump pump
is discharging in an approved location, the water service valve is in proper working order and an
as built survey of the lot has been submitted and approved by the City. In cases in which
seasonal weather conditions, acts of god, supply chain disruptions, or other circumstances
beyond the control of the Developer, which make compliance with these conditions impossible,
the City will accept an escrow of sufficient amount to ensure completion of the work during the
following construction season.
Clean up and Dust Control.The Developer shall clean on a daily basis dirt and23.
debris from streets adjoining the Subdivision resulting from construction work by the Developer,
its contractors, agents or assigns, including any party constructing houses within the Subdivision.
Prior to any construction on the Property or adjacent areas, the Developer shall identify to the
City in writing a responsible party for erosion control, street cleaning, and street sweeping. The
Developer shall provide dust control to the satisfaction of the City’s engineer throughout
construction within the Subdivision.
Compliance with Laws. The Developer agrees to comply with all laws, resolutions,24.
ordinances, regulations and directives of the state of Minnesota and the City applicable to the
Subdivision. This Agreement shall be construed according to the laws of Minnesota. Breach of the
terms of this Agreement by the Developer shall, among other remedies available to the City, be
grounds for denial of building permits for lots within the Subdivision.
Agreement Runs with the Land. This Agreement shall run with the Property and25.
shall be recorded against the title thereto and shall bind and inure to the benefit of the City and
the Developer and their successors and assigns. The Developer’s successors in title may be
responsible for certain obligations under this Agreement as required by the City. Upon request by
735604.v912 16
Developer or its successors or assigns, the City will issue a certificate in recordable form which
certifies the extent which the Developer is in compliance with the terms of this Agreement, and if
Developer has fully complied with and completed all terms of this Agreement, Releasing
Developer from this Agreement. As of the date hereof, the Developer warrants that to
Developer’s actual knowledge, there are no unrecorded encumbrances or interests relating to the
Property. The Developer agrees to indemnify and hold the City harmless for any breach of the
foregoing covenants.
Indemnification.The Developer hereby agrees to indemnify and hold the City and26.
its officers, employees, and agents harmless from claims made by third parties for damages
sustained or costs incurred resulting from approval of the Subdivision. The Developer hereby
agrees to indemnify and hold the City and its officers, employees, and agents harmless for all
costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys’ fees, except matters involving intentional acts or gross negligence by the
City.
Assignment. The Developer may not assign this Agreement without the prior27.
written permission of the City, which consent shall not be unreasonably withheld, conditioned or
denied.
Notices. Any notice or correspondence to be given under this Agreement shall be28.
deemed to be given if delivered personally or sent by United States certified or registered mail,
postage prepaid, return receipt requested:
a) as to Developer:Mark R. Smith
2120 Otter Lake Drive
Lino Lakes, MN 55110
with a copy to:William C. Griffith
Larkin Hoffman
8300 Norman Center Drive, Suite 1000
Minneapolis, MN 55437-1060
b)as to City:City of Medina
2052 County Road 24
Medina, MN 55340
Attention: City Administrator
with a copy to:Ronald H. Batty
Kennedy & Graven
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
735604.v912 17
or at such other address as either party may from time to time notify the other in writing in
accordance with this section. The Developer shall notify the City if there is any change in its name
or address.
Severability. In the event that any provision of this Agreement shall be held invalid,29.
illegal or unenforceable by any court of competent jurisdiction, such holding shall pertain only to
such section and shall not invalidate or render unenforceable any other section or provision of this
Agreement.
Non-waiver.Each right, power or remedy conferred upon the City by this30.
Agreement is cumulative and in addition to every other right, power or remedy, express or
implied, now or hereafter arising, or available to the City at law or in equity, or under any other
agreement. Each and every right, power and remedy herein set forth or otherwise so existing
may be exercised from time to time as often and in such order as may be deemed expedient by
the City and shall not be a waiver of the right to exercise at any time thereafter any other right,
power or remedy.If either party waives in writing any default or nonperformance by the other
party, such waiver shall be deemed to apply only to such event and shall not waive any other prior
or subsequent default.
Counterparts. This Agreement may be executed simultaneously in any number of31.
counterparts, each of which shall be an original and shall constitute one and the same Agreement.
*********************
735604.v912 18
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the day and year first above written.
CITY OF MEDINA
By:__________________________________
Kathleen Martin, Mayor
By:__________________________________
Scott T. Johnson,
City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of __________, 20__,
by Kathleen Martin and Scott T. Johnson, the mayor and city administrator, respectively, of the city
of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation.
____________________________________
Notary Public
735604.v912 19
THE DEVELOPER:
By:
Mark R. Smith
By:
Kathleen A. Smith
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________)
This instrument was acknowledged before me on ________________ 20__, by Mark R.
Smith and Kathleen A. Smith, husband and wife.
____________________________________
Notary Public
This document drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
EXHIBIT A TO
PLANNED UNIT DEVELOPMENT AGREEMENT
Legal Description of the Property
A- 1
735604.v912
[To be platted as:
Lots 1 through 4, Block 1,
Lots 1 through 98, Block 2,
Lots 1 through 4, Block 3,
Lots 1 through 109, Block 4,
Lots 1 through 10, Block 5,
Lots 1 through 5, Block 6,
Lots 1 through 4, Block 7,
Lots 1 through 109, Block 8,
Lots 1 through 4, Block 9,
Lots 1 through 16, Block 10,
Lots 1 through 10, Block 11,
Lots 1 through 18, Block 12,
Lots 1 through 6, Block 13,
Lots 1 through 8, Block 14, and
Outlots A through L, all in Weston Woods of Medina, Hennepin County, Minnesota]
A- 2
735604.v912
735604.v912 B- 1
EXHIBIT B TO
PLANNED UNIT DEVELOPMENT AGREEMENT
List of Plan Documents
[to be inserted]
735604.v912 C- 1
EXHIBIT C TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FORM OF PRIVATE ROAD MAINTENANCE AND EASEMENT AGREEMENT
PRIVATE ROAD MAINTENANCE AND EASEMENT AGREEMENT
THIS PRIVATE ROAD MAINTENANCE AND EASEMENT AGREEMENT (the
“Agreement”), is made this ___ day of _______________, 20__, by and between Mark R. Smith
and Kathleen A. Smith, husband and wife (collectively, the “Developer”), and the city of Medina, a
municipal corporation under the laws of the state of Minnesota (the “City”).
WITNESSETH:
WHEREAS,the Developer is the fee owner of certain real property located in Hennepin
County, Minnesota, legally described on Exhibit A attached hereto (the “Property”); and
WHEREAS, the Developer intends to develop the Property in accordance with a separate
planned unit development agreement entered into by the City and the Developer (the “PUD
Agreement”); and
WHEREAS, pursuant to the PUD Agreement, the Developer has agreed to construct and
maintain privately-owned and operated roads (the “Private Roads”) that will provide access to the
lots legally described on Exhibit B attached hereto (the “Lots”); and
WHEREAS, the Private Roads are legally described on Exhibit C attached hereto; and
WHEREAS, as a condition of the PUD Agreement, the City and the Developer must
enter into a maintenance and easement agreement regarding the Private Roads.
NOW, THEREFORE,in consideration of mutual covenants of the parties set forth herein
and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1.Construction and Maintenance of the Private Roads. The Developer hereby agrees to
construct, reconstruct, maintain and repair the Private Roads at its own expense. The Private
Roads consist of the grade, base, surface, ditches, culverts, stormwater improvements including,
but not limited to, drainage conveyance of roadway runoff, and all other elements and
appurtenances which create a driving surface suitable for vehicular traffic. The Developer
acknowledges that the City has no obligation to construct, reconstruct, maintain or repair the
Private Roads and that the City does not intend to accept, acquire, or open the Private Roads as
public roadways. Such construction, reconstruction, maintenance and repair shall meet minimum
standards set forth in the approved engineering and construction plans for the Subdivision. All of
the Developer’s obligations regarding the Private Roads shall also be obligations of the
Developer’s successors or assigns, and such obligations shall eventually be assigned to a
homeowner’s association (the “HOA”).
735604.v912 C- 2
2.City’s Right to Maintain and Repair.a)The City may maintain and repair the Private
Roads if the City reasonably believes that the Developer or its successors or assigns has failed to
adequately maintain the Private Roads in accordance with section 1 of this Agreement and such
failure continues for 30 days after the City gives the Developer, its successors or assigns written
notice of such failure or, if such tasks cannot be completed within 30 days, after such time period
as may be reasonably required to complete the required tasks provided that the Developer is
making a good faith effort to complete said task. The City’s notice shall specifically state which
maintenance tasks are to be performed.
b)If the Developer does not complete the maintenance tasks within the required time
period after such notice is given by the City, the City shall have the right to enter upon the
Private Roads, and those portions of the Property immediately surrounding the Private Roads, as
may reasonably be necessary to gain access to the Private Roads to perform such maintenance
tasks; provided, however, the City will use reasonable efforts to minimize the disturbance and
destruction of landscaping and improvements within said areas immediately surrounding the
Private Roads. In such case, the City shall send an invoice detailing its reasonable maintenance
costs to the Developer or its successors or assigns, which shall include all reasonable staff time
(at the applicable rates charged by the City to similarly situated parties), engineering and legal
and other reasonable third-party costs and expenses incurred by the City. If the Developer or its
successors or assigns fails to reimburse the City for its costs and expenses in maintaining the
Private Roads within 30 days of receipt of an invoice for such costs, the City shall have the right
to assess the full cost thereof against the Lots that utilize the repaired portion for access and
collect the same in single or multiple payments as in the case of special assessments for public
improvements pursuant to Minnesota Statutes Chapter 429. For the purposes of this section and
the City’s right to impose special assessments, the Developer’s successors and assigns shall be
deemed to be the HOA or the owners of the Lots.
c)The assessments shall bear interest at the rate determined by the City but not more
than 2 percent more than the average coupon rate if the City sells debt to pay for the cost of the
work or 2 percent over the average rate of return earned by the City on its investment portfolio if
the City finances the work without selling debt. The Developer, on behalf of itself and its
successors and assigns, acknowledges that the maintenance work performed by the City
regarding the Private Roads benefit the Lots that utilize the Private Roads in an amount which
exceeds the assessment and hereby waives any right to hearing or notice and the right to appeal
the assessments otherwise provided by Minnesota Statutes Chapter 429. Notwithstanding the
foregoing, in the event of an emergency, as determined by the city engineer, the 30-day notice
requirement to the Developer for failure to perform maintenance tasks shall be and hereby is
waived in its entirety by the Developer, and the Developer shall reimburse the City and be
subject to assessment for any expense so incurred by the City in the same manner as if written
notice as described above has been given. Any maintenance or repairs made by the City pursuant
to this section 2 will not result in the establishment of any public roadways.
d)The City has the right but not an obligation to perform maintenance or repair the
Private Roads. The City intends to exercise this authority only if the condition of the Private
Roads is so poor, in the reasonable exercise of the City’s discretion, as to pose a hazard to the
health, safety and welfare to those using the Private Roads.
735604.v912 C- 3
e)Notwithstanding any other language to the contrary, to the extent that the Private
Roads are damaged by the City, it’s employees, contractors or agents for any reason, including
but not limited to, damage arising out of repairing or replacing any City utility, then at no cost to
the Developer or it’s successors or assigns, the City shall repair or replace the Private Roads as
necessary, to the same standard as the condition of the Private Roads existed prior to the City
damaging the Private Roads. Further, if the previously described damage to the Private Roads by
the City shall occur then the terms contained in paragraphs (2) and (5) herein shall also not apply.
3.Conveyance of Easement. The Developer hereby conveys a non-exclusive easement
over the Private Roads for ingress and egress to the City for any public service deemed necessary
by the City, including but not limited to, response to police calls, fire calls, rescue and other
emergency calls, inspections, animal control, provisions for adequate surface drainage, and other
code enforcement issues. This does not convey a right to the general public to use the Private
Roads.
4.Drainage and Utility Easement; City Restoration. Because public utility infrastructure
will be located underneath the Private Roads, the Developer dedicated, via the plat of the
underlying subdivision that makes up the Property, public drainage and utility easements over the
entire area that makes up the Private Roads. The parties understand and acknowledge that the
City may be required to access its public infrastructure that is located underneath the Private
Roads pursuant to said easements, and in the event that it does so, the City shall thereafter
promptly restore the Private Roads in a manner that it determines, in its reasonable discretion, to
be at least the same or equal to the condition of the Private Roads before it commenced such
work.
5.Reservation of Rights. Nothing in this Agreement is intended to, nor shall it, prevent
the City from the exercise of its full range of land use authority regarding the Property granted to
it by state statute, the City code or any other applicable regulation and the City shall be entitled to
apply its official controls to the Property in the same manner and to the same extent as if it were
served by public streets.
6.Hold Harmless. The Developer hereby agrees to indemnify and hold harmless the City
and its agents and employees against any and all claims, demands, losses, damages, and expenses
(including reasonable attorneys’ fees) directly arising out of or directly resulting from the
Developer’s, or the Developer’s agents’ or employees’ grossly negligent or intentional
misconduct, or any violation of any applicable safety law, regulation, or code enacted by the City
or the State of Minnesota in the performance of this Agreement, without regard to any inspection
or review made or not made by the City, its agents or employees or failure by the City, its agents
or employees to take any other prudent precautions,except to the extent of intentional or grossly
negligent acts of the City, its employees, agents and representatives. Nothing in this Agreement
shall be construed as a waiver by the City of any immunities, defenses or other limitations on
liability to which the City is entitled to by law, including but not limited to, the maximum
monetary limits on liability established by Minnesota Statutes Chapter 466.
7.Recording; Run with the Land; Successors and Assigns. This Agreement shall be
recorded against the Property. All duties and obligations of Developer under this Agreement
shall also be duties and obligations of Developer’s successors and assigns. The terms and
735604.v912 C- 4
conditions of this Agreement shall run with the Property. Notwithstanding the foregoing, upon
execution and recording by the HOA for the Property of an instrument in a form satisfactory to
the City assuming and agreeing to perform the obligations and responsibilities of the Developer
under this Agreement, the HOA shall be bound by all terms and conditions of this Agreement as
if it were the original signatory hereto and the Developer, its successors and assigns, shall be
released from all personal liability under this Agreement but the Lots shall remain subject to the
terms and conditions of this Agreement.
8.Costs of Enforcement. The Developer agrees to reimburse the City for all costs
prudently incurred by the City in the enforcement of this Agreement, or any portion thereof,
including court costs and reasonable attorneys’ fees.
9.Notice. All notices required under this Agreement shall either be personally delivered
or be sent by United States certified or registered mail, postage prepaid, and addressed as
follows:
a) as to Developer:Mark R. Smith
2120 Otter Lake Drive
Lino Lakes, MN 55110
with a copy to:William C. Griffith
Larkin Hoffman
8300 Norman Center Drive, Suite 1000
Minneapolis, MN 55437-1060
b)as to City:City of Medina
2052 County Road 24
Medina, MN 55340
Attention: City Administrator
with a copy to:Ronald H. Batty
Kennedy & Graven
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
or at such other address as either party may from time to time notify the other in writing in
accordance with this paragraph.
10.Effective Date. This Agreement shall be binding and effective as of the date first
written above.
*********************
735604.v912 C- 5
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the day and year first above written.
CITY OF MEDINA
By:__________________________________
Kathleen Martin, Mayor
By:__________________________________
Scott T. Johnson,
City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of __________, 20__,
by Kathleen Martin and Scott T. Johnson, the mayor and city administrator, respectively, of the city
of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation.
____________________________________
Notary Public
735604.v912 C- 6
THE DEVELOPER:
By:
Mark R. Smith
By:
Kathleen A. Smith
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________)
This instrument was acknowledged before me on ________________ 20__, by Mark R.
Smith and Kathleen A. Smith, husband and wife.
____________________________________
Notary Public
This document drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
735604.v912 C-A- 1
EXHIBIT A TO
PRIVATE ROAD MAINTENANCE AND EASEMENT AGREEMENT
Legal Description of the Property
The Property is legally described as follows:
Lots 1 through 4, Block 1,
Lots 1 through 98, Block 2,
Lots 1 through 4, Block 3,
Lots 1 through 109, Block 4,
Lots 1 through 10, Block 5,
Lots 1 through 5, Block 6,
Lots 1 through 4, Block 7,
Lots 1 through 109, Block 8,
Lots 1 through 4, Block 9,
Lots 1 through 16, Block 10,
Lots 1 through 10, Block 11,
Lots 1 through 18, Block 12,
Lots 1 through 6, Block 13,
Lots 1 through 8, Block 14, and
Outlots A, B, D, E, F, G, H, I, J, K, and L, all in Weston Woods of Medina, Hennepin County,
Minnesota.
EXHIBIT B TO
PRIVATE ROAD MAINTENANCE AND EASEMENT AGREEMENT
Legal Description of the Lots
Lots 1 through 4, Block 7,
Lots 1 through 109, Block 8,
Lots 1 through 4, Block 9,
Lots 1 through 16, Block 10,
Lots 1 through 10, Block 11,
Lots 1 through 18, Block 12,
Lots 1 through 6, Block 13, and
Lots 1 through 8, Block 14, all in Weston Woods of Medina, Hennepin County, Minnesota.
C-B- 1
735604.v912
EXHIBIT C TO
PRIVATE ROAD MAINTENANCE AND EASEMENT AGREEMENT
Legal Description of the Private Road
Outlots F and H, Weston Woods of Medina, Hennepin County, Minnesota.
C-C- 1
735604.v912
EXHIBIT D TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FORM OF
STORMWATER MAINTENANCE AGREEMENT
THIS AGREEMENT (the “Agreement”) is made and entered into as of the ____ day of
_________, 2021, by and between the city of Medina, a Minnesota municipal corporation (the
“City”) and Mark R. Smith and Kathleen A. Smith, husband and wife (the “Developer”).
WITNESSETH:
WHEREAS, the Developer is the fee owner of certain real property located in Hennepin
County, Minnesota, legally described on Exhibit A attached hereto (the “Property”); and
WHEREAS, the City has obtained drainage and utility easements over portions of the
Property (the “Easement Areas”); and
WHEREAS, by a separate planned unit development agreement (the “PUD Agreement”),
the Developer has agreed to construct and maintain certain stormwater facilities (the “Stormwater
Improvements”) for the benefit of the Property; and
WHEREAS, the Stormwater Improvements which are the subject of this Agreement
include, but are not necessarily limited to, the ponds, irrigation reuse system, filtration basins,
and all related facilities. The location of the Stormwater Improvements are shown on Exhibit B
attached hereto; and
WHEREAS, the Elm Creek Watershed Management Commission requires permanent
provisions for handling of storm runoff, including terms and conditions for operation and
maintenance of all Stormwater Improvements, and requires such provisions to be set forth in an
agreement to be recorded against the Property; and
WHEREAS, the City and the Developer intend to comply with certain conditions,
including entering into a maintenance agreement regarding the Stormwater Improvements.
NOW, THEREFORE, in consideration of mutual covenants of the parties set forth
herein and other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1.Maintenance of the Stormwater Improvements. The Developer, for itself and its
successor or assigns, agrees to maintain the Stormwater Improvements and observe all drainage
laws governing the operation and maintenance of the Stormwater Improvements. The Developer
shall make all such scheduled inspections and maintenance, keep record of all inspections and
maintenance activities, and submit such records annually to the City. The cost of all inspections
and maintenance shall be the obligation of the Developer and its successors or assigns as the fee
D- 1
735604.v912
owner of the Property, which obligation shall be assigned to the HOA, as defined hereinafter, in
accordance with section 7 of this Agreement.
2.City’s Maintenance Rights. The City may inspect the Stormwater Improvements
at any time and shall have the right to enter upon the Easement Areas and such portions of the
Property as may reasonably be necessary to gain access to the Easement Areas to perform such
inspections necessary to ensure the proper functioning of the Stormwater Improvements.
Additionally, the City may maintain the Stormwater Improvements, as provided in this
paragraph, if the City reasonably believes that the Developer or its successors or assigns has
failed to maintain the Stormwater Improvements in accordance with applicable drainage laws and
other requirements and such failure continues for 30 days after the City gives the Developer
written notice of such failure or, if such tasks cannot be completed within 30 days, after such
time period as may be reasonably required to complete the required tasks provided that
Developer is making a good faith effort to complete said task. The City’s notice shall specifically
state which maintenance tasks are to be performed. If Developer does not complete the
maintenance tasks within the required time period after such notice is given by the City, the City
shall have the right to enter upon the Easement Areas and such portions of the Property as may
reasonably be necessary to gain access to the Easement Areas to perform such maintenance tasks.
In such case, the City shall send an invoice of its reasonable maintenance costs to the Developer
or its successors or assigns, which shall include all reasonable staff time, engineering and legal
and other reasonable costs and expenses incurred by the City. If the Developer or its successors
or assigns fails to reimburse the City for its costs and expenses in maintaining the Stormwater
Improvements within 30 days of receipt of an invoice for such costs, the City shall have the right
to assess the full cost thereof against the Property. The Developer, on behalf of itself and its
successors and assigns, acknowledges that the maintenance work performed by the City
regarding the Stormwater Improvements benefits the Property in an amount which exceeds the
assessment and hereby waives any right to hearing or notice and the right to appeal the
assessments otherwise provided by Minnesota Statutes, Chapter 429. Notwithstanding the
foregoing, in the event of an emergency, as determined by the city engineer, the 30-day notice
requirement to the Developer for failure to perform maintenance tasks shall be and hereby is
waived in its entirety by the Developer, and the Developer shall reimburse the City and be
subject to assessment for any expense so incurred by the City in the same manner as if written
notice as described above has been given.
3.Hold Harmless. The Developer hereby agrees to indemnify and hold harmless the
City and its agents and employees against any and all claims, demands, losses, damages, and
expenses (including reasonable attorneys’ fees) arising out of or resulting from the Developer’s,
or the Developer’s agents’ or employees’ negligent or intentional acts, or any violation of any
safety law, regulation or code in the performance of this Agreement, without regard to any
inspection or review made or not made by the City, its agents or employees or failure by the City,
its agents or employees to take any other prudent precautions, except to the extent of intentional
or grossly negligent acts of the City, its employees, agents and representatives. In the event the
City, upon the failure of the Developer to comply with any conditions of this Agreement,
performs said conditions pursuant to its authority in this Agreement, the Developer shall
indemnify and hold harmless the City, its employees, agents and representatives for its own
negligent acts in the performance of the Developer’s required work under this Agreement, but
D- 2
735604.v912
this indemnification shall not extend to intentional or grossly negligent acts of the City, its
employees, agents and representatives.
4.Costs of Enforcement. The Developer agrees to reimburse the City for all
reasonable costs prudently incurred by the City in the enforcement of this Agreement, or any
portion thereof, including court costs and reasonable attorneys’ fees after providing written notice
to Developer and a reasonable opportunity to cure.
5.Rights Not Exclusive. No right of the City under this Agreement shall be deemed
to be exclusive and the City shall retain all rights and powers it may have under Minnesota
Statutes, sections 444.16 to 444.21 to acquire, construct, reconstruct, extend, maintain and
otherwise improve the Stormwater Improvements.
6.Notice. All notices required under this Agreement shall either be personally
delivered or be sent by United States certified or registered mail, postage prepaid, and addressed
as follows:
a) as to Developer:Mark R. Smith
2120 Otter Lake Drive
Lino Lakes, MN 55110
with a copy to:William C. Griffith
Larkin Hoffman
8300 Norman Center Drive, Suite 1000
Minneapolis, MN 55437-1060
b)as to City:City of Medina
2052 County Road 24
Medina, MN 55340
Attention: City Administrator
with a copy to:Ronald H. Batty
Kennedy & Graven
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
or at such other address as either party may from time to time notify the other in writing in
accordance with this paragraph.
7.Successors and Assigns. All duties and obligations of Developer under this
Agreement shall also be duties and obligations of Developer’s successors and assigns. The terms
and conditions of this Agreement shall run with the Property. Notwithstanding the foregoing,
upon creation of a homeowners’ association for the Property (the “HOA”) by an instrument in a
form satisfactory to the City which assumes and agrees to perform the obligations and
responsibilities of the Developer under this Agreement, the HOA shall be bound by all terms and
D- 3
735604.v912
conditions of this Agreement as if it were the original signatory hereto and the Developer, its
successors and assigns, shall be released from all personal liability under this Agreement but the
Property shall remain subject to the terms and conditions of this Agreement.
8.Effective Date. This Agreement shall be binding and effective as of the date first
written above.
THE DEVELOPER:
By:
Mark R. Smith
By:
Kathleen A. Smith
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________)
This instrument was acknowledged before me on ________________ 20__, by Mark R.
Smith and Kathleen A. Smith, husband and wife.
____________________________________
Notary Public
D- 4
735604.v912
CITY OF MEDINA
By:__________________________________
Kathleen Martin, Mayor
By:__________________________________
Scott T. Johnson,
City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of __________, 20__,
by Kathleen Martin and Scott T. Johnson, the mayor and city administrator, respectively, of the city
of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation.
____________________________________
Notary Public
This instrument drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
D- 5
735604.v912
EXHIBIT A TO
STORMWATER MAINTENANCE AGREEMENT
Legal Description of the Property
The Property is legally described as follows:
Lots 1 through 4, Block 1,
Lots 1 through 8, Block 2,
Lots 1 through 4, Block 3,
Lots 1 through 9, Block 4,
Lots 1 through 10, Block 5,
Lots 1 through 5, Block 6,
Lots 1 through 4, Block 7,
Lots 1 through 9, Block 8,
Lots 1 through 4, Block 9,
Lots 1 through 16, Block 10,
Lots 1 through 10, Block 11,
Lots 1 through 18, Block 12,
Lots 1 through 6, Block 13,
Lots 1 through 8, Block 14, and
Outlots A, B, D, E, F, G, H, I, J, K, and L, all in Weston Woods of Medina, Hennepin County,
Minnesota.
[to be inserted]
D-A- 1
735604.v912
EXHIBIT B TO
STORMWATER MAINTENANCE AGREEMENT
Depiction of Location of Stormwater Improvements
[to be inserted]
D-B- 1
735604.v912
EXHIBIT C TO
STORMWATER MAINTENANCE AGREEMENT
[to be inserted]
D-C- 1
735604.v912
EXHIBIT E TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FORM OF TREE PRESERVATION DECLARATION
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (this
"Declaration") is made as of this ____ day of ____________, 20__, by Mark R. Smith and Kathleen
A. Smith (collectively, "Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property located in the city of Medina,
Hennepin County, Minnesota and legally described on Exhibit A attached hereto (the "Property");
and
WHEREAS, in order to facilitate the development of the Property, a significant number of
trees were removed from the Property in excess of what is otherwise allowed under local law; and
WHEREAS, the city of Medina, a Minnesota municipal corporation (the “City”), requires
the Property be protected from additional tree removal and that such provisions be set forth in a
document recorded in the real estate records.
NOW, THEREFORE, Declarant hereby declares the Property shall be transferred, held,
sold, conveyed, occupied and developed subject to the following covenants, conditions, and
restrictions which are hereby granted by Declarant and shall run with the land and be binding on all
parties having any right, title or interest in the Property or any part thereof, their successors and
assigns, and shall inure to the benefit of all owners thereof and the City. The Declarant will provide
written notice of the covenants herein to all future purchasers of lots contained within the Property.
Restrictions. Any tree removal that occurs on the Property shall be subject to the City’s tree1.
replacement requirements, or payment to the City of a fee in lieu thereof, both of which are
expressly provided in the City’s tree preservation ordinance, as may be amended from time
to time.
Severability. Invalidation of any one of these covenants or restrictions by judgment or court2.
order shall in no way affect any other provisions, all of which shall remain in full force and
effect.
Duration. The covenants and restrictions of this Declaration shall run with and bind the3.
land, and shall inure to the benefit of and be enforceable by the City, the Declarant, or any
owner of any portion of the Property subject to this Declaration, or their heirs, successors
and assigns, for a term of 30 years after the date this Declaration is recorded, after which
time the covenants and restrictions shall be automatically renewed for successive periods of
10 years each unless this Declaration is terminated in writing signed by all of the owners of
any portion of the Property and the City, and such termination is recorded.
E- 1
735604.v912
Notices.All notices under this Declaration shall either be personally delivered or be sent4.
by United States certified or registered mail, postage prepaid, and addressed as follows:
a) as to Declarant:Mark R. Smith
2120 Otter Lake Drive
Lino Lakes, MN 55110
with a copy to:William C. Griffith
Larkin Hoffman
8300 Norman Center Drive, Suite 1000
Minneapolis, MN 55437-1060
b)as to City:City of Medina
2052 County Road 24
Medina, MN 55340
Attention: City Administrator
with a copy to:Ronald H. Batty
Kennedy & Graven
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
or at such other address as either party may from time to time notify the other in writing
in accordance with this paragraph.
Amendment. This Declaration may be amended by an instrument signed by all owners of5.
any portion of the Property and the City. Each amendment must be recorded to be effective.
Interpretation. The interpretation and performance of this Declaration shall be governed by6.
the applicable laws of the State of Minnesota.
************************
E- 2
735604.v912
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, have hereunto
caused these presents to be executed as of the day and year first above written.
DECLARANT
By:
Mark R. Smith
By:
Kathleen A. Smith
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________)
This instrument was acknowledged before me on ________________ 20__, by Mark R.
Smith and Kathleen A. Smith, husband and wife.
____________________________________
Notary Public
This document drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
E- 3
735604.v912
735604.v912 E-A- 1
EXHIBIT A TO
TREE PROTECTION DECLARATION
The land to which this Declaration applies is legally described as follows:
Lots 1 through 4, Block 1,
Lots 1 through 98, Block 2,
Lots 1 through 4, Block 3,
Lots 1 through 109, Block 4,
Lots 1 through 10, Block 5,
Lots 1 through 5, Block 6,
Lots 1 through 4, Block 7,
Lots 1 through 109, Block 8,
Lots 1 through 4, Block 9,
Lots 1 through 16, Block 10,
Lots 1 through 10, Block 11,
Lots 1 through 18, Block 12,
Lots 1 through 6, Block 13,
Lots 1 through 8, Block 14, and
Outlots A, B, D, E, F, G, H, I, J, K, and L, all in Weston Woods of Medina, Hennepin County,
Minnesota.
735604.v911 F- 1
EXHIBIT F TO
PLANNED UNIT DEVELOPMENT AGREEMENT
DEPICTION OF PUBLIC TRAILS
[to be inserted]
735604.v911 F- 2
EXHIBIT G TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FORM OF TRAIL EASEMENT
TRAIL EASEMENT
THIS INSTRUMENT is made by Mark R. Smith and Kathleen A. Smith, husband and
wife, Grantors, in favor of the city of Medina, a Minnesota municipal corporation, Grantee.
Recitals
A.Grantors are the fee owner of the property located in Hennepin County, Minnesota and
legally described on Exhibit A attached hereto (the “Property”).
B.Grantors desire to grant to the Grantee a trail easement, according to the terms and
conditions contained herein.
C.The easement is legally described in Exhibit B attached hereto. The easement is depicted in
Exhibit C attached hereto.
Terms of Easements
Grant of Easement. For good and valuable consideration, receipt of which is1.
acknowledged by Grantors, Grantors grant and convey to the Grantee a perpetual, non-exclusive
easement for public trail purposes over, under, across and through the portion of the Property
legally described in Exhibit B attached hereto.
Scope of Easement.The perpetual easement for trail purposes granted herein includes2.
the right of the Grantee, its contractors, agents, and employees to locate, construct, operate,
maintain, alter and repair trail facilities within the described easement area. The easement
granted herein also includes the right to cut, trim, or remove from the easement areas trees,
shrubs, or other vegetation as in the Grantee’s judgment unreasonably interfere with the easement
or facilities of the Grantee, its successors or assigns. The Grantor shall have no obligation to
maintain, repair, or replace the public trails and sidewalks.
Warranty of Title. The Grantors warrant that they are the owner of the Property and have3.
the right, title and capacity to convey to the Grantee the easement herein.
Environmental Matters. The Grantee shall not be responsible for any costs, expenses,4.
damages, demands, obligations, including penalties and reasonable attorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release
of any hazardous substances, pollutants, or contaminants which may have existed on, or which
relate to, the easement area or Property prior to the date of this instrument.
G- 1
735604.v911
Binding Effect. The terms and conditions of this instrument shall run with the land and5.
be binding on the Grantors, their heirs and assigns.
STATE DEED TAX DUE HEREON: NONE
Dated this _____ day of ______________, 20__.
By:
Mark R. Smith
By:
Kathleen A. Smith
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________)
This instrument was acknowledged before me on ________________ 20__, by Mark R.
Smith and Kathleen A. Smith, husband and wife.
____________________________________
Notary Public
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
G- 2
735604.v911
735604.v911 G-A- 1
EXHIBIT A TO
TRAIL EASEMENT
Legal Description of the Property
[to be inserted]
735604.v911 G-B- 1
EXHIBIT B TO
TRAIL EASEMENT
Legal Description of Easement
[to be inserted]
735604.v911 G-C- 1
EXHIBIT C TO
TRAIL EASEMENT
Depiction of Easement
[to be inserted]
735604.v911 H- 1
EXHIBIT H TO
PLANNED UNIT DEVELOPMENT AGREEMENT
SUBDIVISION IMPROVEMENT COST ESTIMATE
735604.v911 H- 2
735604.v911 H- 3
735604.v911 H- 4
735604.v911 H- 5
735604.v911 H- 6
735604.v911 H- 7
735604.v911 H- 8
735604.v911 H- 9
735604.v911 H-10
735604.v911 H-11
735604.v911 H-12
735604.v911 I- 1
EXHIBIT I TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FORM OF UPLAND BUFFER AND PRESERVATION
AREA EASEMENT AGREEMENT
This Upland Buffer and Preservation Area Easement Agreement (the “Agreement”) is made
this __ day of ____________, 2021 by and between the city of Medina, a Minnesota municipal
corporation (the “City”), and Mark R. Smith and Kathleen A. Smith, husband and wife
(collectively, the “Grantor”).
RECITALS
A.Grantor is the fee owner of property located in Hennepin County, Minnesota, legally
described in Exhibit A attached hereto (the “Property”); and
B.Grantor and the City have entered into a separate planned unit development agreement
(the “PUD Agreement”) regarding the development of the Property.
C.The City has granted approval of the plat of Weston Woods of Medina concerning the
Property (the “City Approval”), under the terms of which the Grantor is required to (i)
establish upland buffers adjacent to wetlands on portions of the Property consistent with
City regulations, the location of which are legally described in Exhibit B attached hereto
and depicted on Exhibit C attached hereto, and (ii) establish preservation areas on
portions of the Property consistent with City regulations, the location of which are legally
described in Exhibit D attached hereto and depicted on Exhibit E attached hereto. Those
areas described and depicted on Exhibits B through E shall be collectively referred to
herein as the “Easement Area”.
D.In accordance with the PUD Agreement, the City Approval and the City’s ordinances, the
City has requested that Grantor grant to the City a conservation easement (the
“Easement”) over the entire Easement Area described and depicted on Exhibits B through
E.
E.Grantor is willing to grant the Easement and to fulfill the other terms of this Agreement.
PROVISIONS
In consideration of the mutual promises of the parties contained herein, the parties agree
as follows:
Grantor hereby grants and conveys to the City and its successors and assigns, an1.
Easement in, under, on, over and across the Easement Area, and the City hereby accepts
such grant. The duration of this easement is perpetual, subject to Minnesota law
governing granting of easements to governmental bodies, and shall bind and inure to the
benefit of the parties, their successors and assigns.
735604.v911 I- 2
The following terms and conditions shall apply to the Easement Area:2.
a.The Easement Area shall be planted with native grasses and other vegetation
consistent with the Plans, as that term is defined in the PUD Agreement, and
thereafter be preserved predominantly in its natural condition, except to the extent
set forth below. Following construction of the Subdivision Improvements, as that
term is defined in the PUD Agreement, no use shall be made of the Easement
Area except uses, if any, which would not change or alter the condition of the
Easement Area or its drainage, water conservation, erosion control, soil
conservation, or fish and wildlife habitat and characteristics.
b.No structures, hardcover or other improvements shall be constructed, erected, or
placed upon, above, or beneath the Easement Area, with the exception of a
boardwalk or dock not to exceed four feet in width to allow reasonable access to
and across the wetland.
c.Following construction of the Subdivision Improvements, no trees, shrubs or other
vegetation shall be destroyed, cut or removed from the Easement Area except as is
necessary to remove storm damage, diseased or non-native vegetation or as
authorized by the prior written consent of the City consistent with the city code.
A path no more than four feet in width may be mowed to allow reasonable access
to the wetland.
d.Following construction of the Subdivision Improvements, no earth, peat, gravel or
soil, sand or any other natural material or substance shall be moved or removed
from the Easement Area and there shall be no dredging or excavation of any
nature whatsoever or any change of the topography of the Easement Area without
the prior written consent of the City.
e.No soil, sand, gravel or other substance or material as landfill shall be placed,
dumped or stored upon the Easement Area, and no waste, trash, yard waste,
manure or other materials shall be placed, dumped or stored upon the Easement
Area without the prior written consent of the City.
Grantor represents that Grantor owns the Easement Area in fee simple, subject only to the3.
encumbrances of record.
The Grantor conveys to the City and its successors and assigns, the following rights:4.
a.The City may enter upon the Easement Area for the purposes of inspection and
enforcement of the covenants contained herein and to cause to be removed from
the Easement Area without any liability any structures, uses, materials,
substances, or unnatural matter inconsistent with the covenants contained herein
735604.v911 I- 3
and the natural state of the Easement Area. If there is a violation of the covenants
contained herein, the City shall provide notice and an order for corrective action
consistent with City regulations. If the Grantor does not take the required
corrective action, the City may enter the Property in order to perform the action.
In such case, the City shall send an invoice of its reasonable maintenance costs to
the Grantor, which shall include all reasonable staff time, engineering and legal
and other reasonable costs and expenses incurred by the City. If the Grantor fails
to reimburse the City for its costs and expenses within 45 days of receipt of an
invoice for such costs, the City shall have the right to assess the full cost thereof
against the Property. The Grantor, on behalf of itself and its successors and
assigns, acknowledges that any such corrective work performed by the City
benefits the Property in an amount which exceeds the assessment and hereby
waives any right to hearing or notice and the right to appeal the assessments
otherwise provided by Minnesota Statutes, Chapter 429.
b.The City may bring an action in any court of competent jurisdiction against the
Grantor to enforce the terms of this Agreement; to require restoration of the
Easement Area to its planted or more natural condition; to enjoin such
non-compliance by temporary or permanent injunction and to recover any
damages arising from such non-compliance. If a court determines that the Grantor
has failed to comply with this Agreement, Grantor or Grantor’s successors or
assigns shall reimburse the City for any reasonable costs of enforcement,
including costs of restoration, court costs and reasonable attorneys’ fees, in
addition to any other payments ordered by the court.
Grantor retains all responsibilities and shall bear all costs and liabilities of any kind5.
related to ownership, operation and maintenance of the Property and the Easement Area.
Grantor agrees to indemnify, defend and hold harmless the City, its officials, employees6.
and agents, against any and all loss, costs, damage and expense, including reasonable
attorneys’ fees and costs that the City incurs because of the breach of any of the above
covenants and/or resulting from or due to Grantor’s intentional misrepresentation of any
material fact contained therein. The Grantor and the City agree that each shall be
responsible for their own acts and the results of such acts and shall not be responsible for
the act of the other party and the results of such acts.
This Agreement may be amended only by mutual written agreement of the parties.7.
Nothing herein shall give the general public a right of access to the Property.8.
Grantor’s obligations under this Agreement run with the Property and shall be binding on9.
the Developer’s successors and assigns. Grantor’s personal obligations under this
Agreement terminate upon transfer or termination of its interest in the Property, provided
that any liability for acts or omissions occurring prior to the transfer or termination shall
735604.v911 I- 4
survive that transfer or termination. Nothing in this Paragraph 10 is deemed to alter or
amend the remaining terms of the Agreement in the event of a transfer of the Grantor’s
interest.
Any notice required in this Agreement shall be delivered personally or sent by U.S.10.
certified mail, return receipt requested:
a) as to Developer:Mark R. Smith
2120 Otter Lake Drive
Lino Lakes, MN 55110
with a copy to:William C. Griffith
Larkin Hoffman
8300 Norman Center Drive, Suite 1000
Minneapolis, MN 55437-1060
b)as to City:City of Medina
2052 County Road 24
Medina, MN 55340
Attention: City Administrator
with a copy to:Ronald H. Batty
Kennedy & Graven
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
or at such other address as either party may from time to time notify the other in writing
in accordance with this paragraph.
************************
735604.v911 I- 5
IN WITNESS WHEREOF, the parties to this Upland Buffer Easement Agreement have
caused these presents to be executed as of the day and year aforesaid.
GRANTOR:
By:
Mark R. Smith
By:
Kathleen A. Smith
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________)
This instrument was acknowledged before me on ________________ 20__, by Mark R.
Smith and Kathleen A. Smith, husband and wife.
____________________________________
Notary Public
CITY OF MEDINA
By:__________________________________
Kathleen Martin, Mayor
By:__________________________________
Scott T. Johnson,
City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of __________, 20__,
by Kathleen Martin and Scott T. Johnson, the mayor and city administrator, respectively, of the city
of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation.
____________________________________
Notary Public
This instrument drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
735604.v911 I- 6
735604.v911 I-A-1
EXHIBIT A TO
UPLAND BUFFER AND PRESERVATION AREA EASEMENT AGREEMENT
Legal Description
The Property is legally described as follows:
Lots 1 through 4, Block 1,
Lots 1 through 98, Block 2,
Lots 1 through 4, Block 3,
Lots 1 through 109, Block 4,
Lots 1 through 10, Block 5,
Lots 1 through 5, Block 6,
Lots 1 through 4, Block 7,
Lots 1 through 109, Block 8,
Lots 1 through 4, Block 9,
Lots 1 through 16, Block 10,
Lots 1 through 10, Block 11,
Lots 1 through 18, Block 12,
Lots 1 through 6, Block 13,
Lots 1 through 8, Block 14, and
Outlots A, B, D, E, F, G, H, I, J, K, and L, all in Weston Woods of Medina, Hennepin County,
Minnesota.
735604.v911 I-B-1
EXHIBIT B TO
UPLAND BUFFER AND PRESERVATION AREA EASEMENT AGREEMENT
Legal Description of Upland Buffers
[to be inserted]
EXHIBIT C TO
UPLAND BUFFER AND PRESERVATION AREA EASEMENT AGREEMENT
Depiction of Upland Buffers
[to be inserted]
I-C- 1
735604.v911
735604.v911 I-D-1
EXHIBIT D TO
UPLAND BUFFER AND PRESERVATION AREA EASEMENT AGREEMENT
Legal Description of Preservation Area
[to be inserted]
735604.v911 I-E-1
EXHIBIT E TO
UPLAND BUFFER AND PRESERVATION AREA EASEMENT AGREEMENT
Depiction of Preservation Area
[to be inserted]
EXHIBIT J TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FORM OF
WARRANTY DEED
STATE DEED TAX DUE HEREON: $1.70
Total consideration for this transfer is $500.00 or less.
Date: ____________________, 20__
FOR VALUABLE CONSIDERATION, Mark R. Smith and Kathleen A. Smith, husband and
wife, Grantors, hereby convey and warrant to the city of Medina, a municipal corporation under
the laws of Minnesota, Grantee, real property in Hennepin County, Minnesota, described as
follows:
Outlot C, Weston Woods of Medina, Hennepin County, Minnesota
together with all hereditaments and appurtenances belonging thereto, subject to all easements,
restrictions and covenants of record.
The Seller certifies that the seller does not know of any wells on the described real property.
A well disclosure certificate accompanies this document.
I am familiar with the property described in this instrument and I certify that the status and
number of wells on the described real property have not changed since the last previously
filed well disclosure certificate.
By:
Mark R. Smith
By:
Kathleen A. Smith
J- 1
735604.v911
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________)
This instrument was acknowledged before me on ________________ 20__, by Mark R.
Smith and Kathleen A. Smith, husband and wife.
____________________________________
Notary Public
Check here if part or all of the land is Registered
(Torrens)
Tax Statements for the real property described in this
instrument should be sent to (include name and
address of Grantee):
City of Medina
2052 County Road 24
Medina, MN 55340
This instrument drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
J- 2
735604.v911
EXHIBIT K TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FORM OF PETITION AND WAIVER AGREEMENT
PETITION AND WAIVER AGREEMENT
THIS PETITION AND WAIVER AGREEMENT (this “Agreement”) is made this ____ day
of ______________, 2022, by and between the city of Medina, a municipal corporation under the
laws of Minnesota (the “City”), and Mark R. Smith and Kathleen A. Smith, husband and wife
(collectively, the “Developer”).
WITNESSETH:
WHEREAS, the Developer owns certain land (the “Property”), which land is legally
described on Exhibit A attached hereto; and
WHEREAS, the City has approved a final plat of Weston Woods of Medina and other land
use approvals (collectively, the “City Approvals”) to facilitate the development of the Property for
147 residential lots; and
WHEREAS, due to the aforementioned development, improvements are necessary on
Mohawk Drive, including adding pavement to portions of Mohawk Drive prior to construction to
accommodate construction traffic along with pavement overlay work on portions of Mohawk Drive
north of T.H. 55 following construction of the first phase (collectively, the “Mohawk
Improvements”); and
WHEREAS, it is in the interest of the parties to avoid requiring the Developer to bear the
expense of constructing the Mohawk Improvements prematurely while offering the City sufficient
assurances that the Developer will pay for said work it is when completed; and
WHEREAS, by separate planned unit development agreement dated as of the date hereof
(the “Development Agreement”), the City and the Developer have contemplated that the City will
construct the Mohawk Improvements on its own; and
WHEREAS, the City is willing to construct the Mohawk Improvements without notices or
hearings, provided the assurances and covenants hereinafter stated are made by the Developer to
ensure that the City will have valid and collectable special assessments as it relates to the Property
to finance a portion of the cost of the Mohawk Improvements; and
WHEREAS, were it not for the assurances and covenants hereinafter provided, the City
would not construct the Mohawk Improvements without such notices and hearings and would be
doing so solely at the behest, and for the benefit, of the Developer; and
WHEREAS, the parties have entered into this Agreement pursuant to and in satisfaction of
the terms of the City Approvals previously granted by the City and of the Development Agreement.
K- 1
735604.v11
NOW, THEREFORE, ON THE BASIS OF THE COVENANTS AND OBLIGATIONS
CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS:
The Developer represents and warrants that it has full legal power and authority to1.
encumber the Property as herein provided, that in doing so it is not in violation of the terms
or conditions of any instrument or agreement of any nature to which it is bound or which
relates in any manner to the Property and that there are no other liens or encumbrances
against the Property except those of record.
The Developer hereby petitions the City for construction of the Mohawk Improvements at2.
such time as the City, in its sole discretion, deems necessary. Such determination and
subsequent initiation and construction of the project may be made by the City at any time
within ten years following the date of this Agreement. This Agreement does not preclude
the Developer from independently petitioning the City for construction of the Mohawk
Improvements or any other project at any time the Developer believes any public
improvements are necessary or desirable.
The Developer consents to the City levying special assessments for the costs of the Mohawk3.
Improvements against the Property in accordance with Minn. Stat., Section 429.061. The
combined principal amount of the special assessments shall not exceed the lesser of the
actual cost of the Mohawk Improvements or $37,376.50. 115/147 of said amount (up to
$29,240.12), when assessed under this Agreement, shall be apportioned equally against
each of the 115 buildable lots platted as part of Weston Woods of Medina, and the
remaining amount (up to $8,136.38) shall be apportioned against Outlot E, Weston Woods
of Medina, which the Developer has received preliminary approval to plat in the future as
32 townhome lots.
The Developer waives notice of hearing and hearing pursuant to Minn. Stat. Section4.
429.031, on the Mohawk Improvements and notice of hearing and hearing on the special
assessments levied to finance the Mohawk Improvements pursuant to Minn. Stat. Section
429.061 and specifically requests that the Mohawk Improvements be constructed and the
special assessments be levied against the Property without notice of hearing or hearing.
The Developer waives the right to appeal the levy of special assessments in accordance with5.
this Agreement pursuant to Minn. Stat. Section 429.081 and further specifically agrees with
respect to such special assessments against the Property that:
a.All requirements of Minn. Stat., Chapter 429 with which the City does not comply
are hereby waived by the Developer; and
b.The increase in fair market value of the Property resulting from construction of the
Mohawk Improvements will be at least equal to the amount of the special
assessments levied against the Property and that such increase in fair market value is
a special benefit to the Property.
K- 2
735604.v11
The special assessments levied against the Property shall be payable over such period as the6.
City may determine, but not less than three years, and shall bear interest at a rate determined
by the City, but not more than 2 percent above the City’s cost of financing. The City’s cost
of financing shall mean the average coupon rate if the City sells debt to finance the Mohawk
Improvements. If no debt is sold for the Mohawk Improvements, the rate shall be set using
the same formula based on special assessment bonds of Minnesota municipalities which
have the same credit rating as that of the City and are issued and sold at approximately the
same time as the adoption of the resolution levying the special assessments. The first
installment of principal and interest shall be included in the first tax rolls completed after
adoption of the resolution levying the special assessments.
The covenants, waivers and agreements contained in this Agreement shall bind the7.
Developer and its successors and assigns and shall run with the Property. It is the intent of
the parties hereto that this Agreement be in a form which is recordable among the land
records of Hennepin County, Minnesota and the Developer and the City agree to make any
changes in this Agreement which may be necessary to effect the recording and filing of this
Agreement against the title of the Property.
Any notice required to be given under this Agreement shall be deemed given if delivered8.
personally or sent by U.S. mail, postage prepaid, certified and return receipt requested:
a) as to Developer:Mark R. Smith
2120 Otter Lake Drive
Lino Lakes, MN 55110
with a copy to:William C. Griffith
Larkin Hoffman
8300 Norman Center Drive, Suite 1000
Minneapolis, MN 55437-1060
b)as to City:City of Medina
2052 County Road 24
Medina, MN 55340
Attention: City Administrator
With a copy to:Ronald H. Batty
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
or at such other address as either party may from time to time notify the other in writing in
accordance with this paragraph.
If the Developer prepays in accordance with section 10, this Agreement shall terminate (a)9.
upon the completion of the Mohawk Improvements by the City and the issuance of any
K- 3
735604.v11
reimbursement that may be required under said section 10; or (b) ten years from the date of
this Agreement if at that time the City has not made a determination that the Mohawk
Improvements are necessary. If the Developer does not prepay, this Agreement shall
terminate (a) upon the final payment of all special assessments levied against the Property
for the Mohawk Improvements if the City determines within ten years from the date of this
Agreement that the Mohawk Improvements are necessary; or (b) ten years from the date of
this Agreement if at that time the City has not made a determination that the Mohawk
Improvements are necessary. Upon termination, if requested the City agrees to execute and
deliver such documents, in recordable form, as are necessary to extinguish its rights
hereunder.
The Developer, in its sole discretion, has the right to prepay to the City, without penalty, the10.
total amount identified in section 3 of this Agreement ($37,376.50) on or before the earlier
of (i) August 31, 2022 or (ii) the conveyance of any lot contained within the Property to a
third party, and said prepayment shall not negate or otherwise alter the waivers contained
herein. In the event that the Developer chooses to prepay, the City shall place the funds into
an account and only use said funds for the Mohawk Improvements at the time that the City
deems the project necessary within ten years of the date of this Agreement. In the event that
the Mohawk Improvements are not determined necessary by the City within ten years of the
date of this Agreement, then the City shall promptly reimburse the Developer or its
successors or assigns, as the case may be, for the entire amount without interest. In the
event that the City deems the Mohawk Improvements necessary within ten years of the date
of this Agreement and subsequently constructs the Mohawk Improvements, and the total
cost thereof does not equal the amount prepaid by the Developer, then the Developer or its
successors or assigns, as the case may be, shall be entitled to reimbursement from the City
of the difference between the total amount paid and the total cost of the project. Any
reimbursement required under this section 10 shall be divided among the individual lot
owners in existence at the time such reimbursement becomes an obligation of the city,
pursuant to the same pro rata formula contained in section 3. In the event of prepayment as
authorized in this section 10, then within thirty (30) days of the execution of this Agreement
and receipt of such prepayment, the city administrator shall execute and the City shall
submit for recording against the Property a document which acknowledges said prepayment
in the form attached hereto as Exhibit B. The recording of said document shall not be
interpreted to terminate or otherwise alter any of the express terms and conditions contained
herein, provided, however, that it will serve to provide notice that there will be no additional
special assessments levied against the Property for the Mohawk Improvements pursuant to
this Agreement.
Nothing contained in this Agreement shall be deemed a waiver by the City of its right to11.
make local improvements in accordance with Minn. Stat. Ch. 429 and assess the costs
thereof against benefiting properties, including potentially the Property, subject to its
adherence to all statutory requirements. Likewise, nothing contained in this Agreement shall
be deemed a waiver by the Developer of any of the statutory rights afforded to it for special
assessments levied against the Property that otherwise exceed the total amount specified in
paragraph 3 of this Agreement.
K- 4
735604.v11
**************************
K- 5
735604.v11
IN WITNESS WHEREOF, the parties to this Petition and Waiver Agreement have caused
these presents to be executed as of the day and year aforesaid.
CITY OF MEDINA
By:__________________________________
Kathleen Martin, Mayor
By:__________________________________
Scott T. Johnson, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of __________, 2022,
by Kathleen Martin and Scott T. Johnson, the mayor and city administrator, respectively, of the city
of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation.
____________________________________
Notary Public
K- 6
735604.v11
THE DEVELOPER:
By:
Mark R. Smith
By:
Kathleen A. Smith
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________)
This instrument was acknowledged before me on ________________ 20__, by Mark R.
Smith and Kathleen A. Smith, husband and wife.
____________________________________
Notary Public
This instrument drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
K- 7
735604.v11
EXHIBIT A TO
PETITION AND WAIVER AGREEMENT
Legal Description
The land to which this Petition and Waiver Agreement applies is legally described as follows:
Lots 1 through 4, Block 1,
Lots 1 through 8, Block 2,
Lots 1 through 4, Block 3,
Lots 1 through 9, Block 4,
Lots 1 through 10, Block 5,
Lots 1 through 5, Block 6,
Lots 1 through 4, Block 7,
Lots 1 through 9, Block 8,
Lots 1 through 4, Block 9,
Lots 1 through 16, Block 10,
Lots 1 through 10, Block 11,
Lots 1 through 18, Block 12,
Lots 1 through 6, Block 13,
Lots 1 through 8, Block 14, and
Outlot E, all in Weston Woods of Medina, Hennepin County, Minnesota.
K-A- 1
735604.v11
EXHIBIT B TO
PETITION AND WAIVER AGREEMENT
FORM OF
ACKNOWLEDGMENT OF PREPAYMENT
Pursuant to that certain Petition and Waiver Agreement, dated ________________, 2022
and recorded against the real property described as
Lots 1 through 4, Block 1,
Lots 1 through 8, Block 2,
Lots 1 through 4, Block 3,
Lots 1 through 9, Block 4,
Lots 1 through 10, Block 5,
Lots 1 through 5, Block 6,
Lots 1 through 4, Block 7,
Lots 1 through 9, Block 8,
Lots 1 through 4, Block 9,
Lots 1 through 16, Block 10,
Lots 1 through 10, Block 11,
Lots 1 through 18, Block 12,
Lots 1 through 6, Block 13,
Lots 1 through 8, Block 14, and
Outlot E, all in Weston Woods of Medina, Hennepin County, Minnesota.
(the “Property”) in the Office of the Hennepin County Recorder on _____________, 2022 as
Document No. ____________ (the “Agreement”), the city of Medina (the “City”) hereby
acknowledges that the special assessments authorized pursuant to the Agreement have been prepaid
in full, as expressly authorized in section 10 of the Agreement. By executing and recording this
instrument, the City represents that no additional assessments will be levied against the Property
pursuant to said Agreement for the Mohawk Improvements, as that term is defined in the
Agreement. The City’s execution and recordation of this instrument shall not terminate or
otherwise alter any of the provisions contained in the Agreement and, accordingly, the
Agreement’s term shall remain governed by the express language contained therein.
Dated: _________________, 2022.
CITY OF MEDINA
By:__________________________________
City Administrator
K-B- 1
735604.v11
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of __________, 2022,
by __________________, the city administrator of the city of Medina, a Minnesota municipal
corporation, on behalf of the municipal corporation.
____________________________________
Notary Public
This instrument drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
K-B- 2
735604.v11
Document comparison by W orkshare 10.0 on Thursday, April 14, 2022 11:30:58
AM
Input:
Document 1 ID PowerDocs://DOCSOPEN/735604/9
Description DOCSOPEN-#735604-v9-PUD_Agreement_-_W eston_W
oods_of_Medina
Document 2 ID PowerDocs://DOCSOPEN/735604/12
Description DOCSOPEN-#735604-v12-PUD_Agreement_-_W eston_
Woods_of_Medina
Rendering set Standard
Legend:
Insertion
Deletion
Moved from
Moved to
Style change
Format change
Moved deletion
Inserted cell
Deleted cell
Moved cell
Split/Merged cell
Padding cell
Statistics:
Count
Insertions 273
Deletions 93
Moved from 0
Moved to 0
Style change 0
Format changed 0
Total changes 366
Resolution No. 22- 1
DATE
Member _____ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2022-
RESOLUTION GRANTING AMENDED CONDITIONAL USE PERMIT APPROVAL
FOR EXPANSION OF A DRIVE-THROUGH LANE AT
822 STATE HIGHWAY 55
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, on March 18, 1997, the City Council adopted Resolution 97-07 granting
conditional use permit approval for a fast food restaurant with drive through at 822 Highway 55,
which is legally described in Exhibit A, attached hereto (the “Property”); and
WHEREAS, Archland Property I LLC (dba McDonald’s), hereinafter the “Owner” owns
the Property; and
WHEREAS, Landform Professional Services, LLC (the “Applicant”), on behalf of the
Owner, has made a request for a conditional use permit (“CUP”) at the Property to expand the
single drive-through to two lanes; and
WHEREAS, the Property is zoned CH, Commercial Highway and drive through services
require a conditional use permit within this district; and
WHEREAS, the Planning Commission held a duly noticed public hearing and reviewed
the project at the March 8, 2022, meeting and recommended approval of the request subject to
certain terms and conditions; and
WHEREAS, the City Council reviewed the application and the Planning Commission
recommendation at the April 5, 2022, City Council meeting; and
WHEREAS, the City Council finds that the proposed amended CUP is consistent with the
criteria and requirements described in Sections 838.5.08 Subd. 7 and 825.39.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Medina,
Minnesota that it hereby does approve the request by the Owner for a site plan review and
amended conditional use permit for a drive-through at the Property, subject to the following
terms and conditions:
1) The landscaping along the north side of the building shall be sod with integrated shrubs.
2) Separate sign permits are required for each sign.
3) Lighting and sounds from menu boards shall be maintained at levels so as not to impact
Agenda Item #5L
Resolution No. 22- 2
DATE
neighboring properties.
4) Demolition permit shall be applied for prior to the start of work, providing specific
landscaping details on the north side of the building.
5) There shall be no exterior storage allowed on the property.
6) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the
cost of reviewing the conditional use permit amendment and other relevant documents.
7) The Property shall otherwise remain in compliance with all state and local laws and
regulations.
BE IT FURTHER RESOLVED that Resolution 97-07 is hereby rescinded, as all relevant
approvals and conditions necessary are contained herein.
Dated April 19, 2022.
By:
_______________________________
Kathleen Martin, Mayor
Attest:
By: ____________________________________
Caitlyn Walker, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
______________ and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 22- 3
DATE
Exhibit A – Legal Description
ME230-759-766424.v4
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF MEDINA
AND
3692 PINTO MEDINA LLC
FOR
3692 PINTO DRIVE DEVELOPMENT
This document drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
Agenda Item #5M
1
ME230-759-766424.v4
TABLE OF CONTENTS
PAGE
1. Right to Proceed ................................................................................................................2
2. Plans; Improvements .............................................................................................................. 3
3. Erosion Control ...................................................................................................................... 3
4. Site Grading; Haul Routes ..................................................................................................... 4
5. Construction of On-Site Improvements ................................................................................. 4
6. Sanitary Sewer and Water Improvements ............................................................................. 5
7. Private Stormwater Improvements ........................................................................................ 5
8. Landscaping; Tree Removal .................................................................................................. 5
9. Access..................................................................................................................................... 6
10. Letter of Credit ....................................................................................................................... 6
11. Developer’s Default ............................................................................................................... 7
12. Insurance ................................................................................................................................ 7
13. City Utility Connection Fees; Metropolitan Council SAC Fee ............................................. 7
14. Responsibility for Costs; Escrow for Construction Inspection ............................................. 8
15. No Building Permits Approved ............................................................................................. 8
16. Clean up and Dust Control ..................................................................................................... 8
17. Compliance with Laws .......................................................................................................... 8
18. Agreement Runs with the Land ............................................................................................. 9
19. Indemnification ...................................................................................................................... 9
20. Assignment ............................................................................................................................. 9
21. Notices .................................................................................................................................... 9
22. Severability........................................................................................................................... 10
23. Non-waiver ........................................................................................................................... 10
24. Counterparts ......................................................................................................................... 10
SIGNATURES ........................................................................................................................... 11-12
EXHIBIT A LEGAL DESCRIPTION OF PROPERTY
EXHIBIT B LIST OF PLAN DOCUMENTS
EXHIBIT C SITE IMPROVEMENT COST ESTIMATE
EXHIBIT D FORM OF DRAINAGE AND UTILITY EASEMENT
EXHIBIT E FORM OF STORMWATER MAINTENANCE AGREEMENT
2
ME230-759-766424.v4
This Development Agreement (the “Agreement”) is made and entered into this ____ day of
____________, 2022, by and between the city of Medina, a municipal corporation under the laws of
Minnesota (the “City”), and 3692 Pinto Medina LLC, a Minnesota limited liability company (the
“Developer”).
WITNESSETH:
WHEREAS, the Developer is or will soon be the fee owner of certain land located at 3692
Pinto Drive (the “Property”), which Property is legally described on Exhibit A attached hereto; and
WHEREAS, the Developer desires to construct an approximately 2,590-square foot, two-unit
building on the Property to be used for retail purposes, including drive-thru accommodations for the
western unit; and
WHEREAS, on December 21, 2021 pursuant to the Developer’s desire to construct the
aforementioned structure and associated improvements, the City Council approved a site plan and
conditional use permit for the Property via Resolution No. 2021-86 (the “City Approval”); and
WHEREAS, the City Approval is contingent upon the Developer entering into a development
agreement satisfactory to the City.
NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the
parties agree as follows:
1. Right to Proceed. This Agreement is intended to regulate the development of the
Property and the construction thereon of certain improvements. The Developer may not perform any
work or construct any structures on the Property until all the following conditions precedent have
been satisfied:
a) this Agreement has been executed by the Developer and the City and has been
recorded in Hennepin County land records immediately following the deed
conveying the Property to the Developer;
b) the required Letter of Credit (as hereinafter defined) has been received by the
City from or on behalf of the Developer;
c) final engineering and construction plans have been submitted by the Developer
and approved by the city engineer;
d) the Developer has paid the City for all legal, engineering and administrative
expenses incurred by the City regarding the City Approval, including the
drafting and negotiation of this Agreement;
e) the Developer has deposited with the City the additional construction
observation escrow required by this Agreement;
f) the Developer has executed the drainage and utility easement in the form
attached hereto as Exhibit D;
g) the Developer has executed the stormwater maintenance agreement in the form
attached hereto as Exhibit E;
h) the Developer has executed and recorded an easement in a form satisfactory to
3
ME230-759-766424.v4
the city attorney pursuant to section 9 of this Agreement;
i) the Developer has received all required permits from the Elm Creek Watershed
Management Commission, the Metropolitan Council, the Minnesota
Department of Health, the Minnesota Pollution Control Agency, and any other
permitting entity having jurisdiction;
j) the Developer or the Developer’s engineer has initiated and attended a
preconstruction meeting with the City engineer and staff; and
k) the City has issued a notice that all conditions precedent have been satisfied
and that the Developer may proceed.
2. Plans; Improvements. a) By way of this Agreement, the Developer intends to
facilitate the construction of an approximately 2,590-square foot building and associated
improvements to be used for retail purposes on the Property. The Developer agrees to develop the
Property in accordance with the City Approval, which resolution is hereby incorporated into this
Agreement, and to construct all improvements on the Property in accordance with the approved
engineering and construction plans (collectively, the “Plans”). The documents which constitute the
Plans are those on file with and approved by the City and are listed on Exhibit B attached hereto. The
Plans may not be modified by the Developer without the prior written approval of the City.
b) In developing the Property in accordance with the Plans, the Developer shall make or
install at its sole expense the following public and private improvements (collectively, the “On-Site
Improvements”):
1. site grading;
2. water distribution system;
3. sanitary sewer;
4. stormwater facilities; and
5. landscaping.
c) All work performed by or on behalf of the Developer related to construction of the
On-Site Improvements or the building on the Property shall be restricted to the hours of 7:00 a.m.
through 8:00 p.m., Monday through Friday, and 8:00 a.m. through 5:00 p.m. on Saturday.
3. Erosion Control. a) All construction on the Property shall be conducted in a manner
designed to control erosion and in compliance with all City ordinances and other requirements,
including the City’s permit with the Minnesota Pollution Control Agency regarding municipal
separate storm sewer system program. Before any portion of the Property is rough graded, an erosion
control plan shall be implemented by the Developer as approved by the City. The City may impose
reasonable, additional erosion control requirements after the City’s initial approval, if the City deems
necessary due to a change in conditions. All areas disturbed by the excavation shall be reseeded
promptly after the completion of the work in that area unless the construction of buildings or other
improvements is anticipated immediately thereafter. Except as otherwise provided in the erosion
control plan, seed shall be placed to provide a temporary ground cover as rapidly as possible. All
seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The
parties recognize that time is of the essence in controlling erosion.
4
ME230-759-766424.v4
b) If the Developer does not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems
reasonably appropriate to control erosion based on the urgency of the situation. The City will make
a good faith effort to notify the Developer in advance of any proposed action, including by telephone
or email in the case of emergencies, but failure of the City to do so will not affect the Developer’s
obligations or the City’s rights hereunder.
c) The Developer agrees to reimburse all expenses incurred by the City in connection
with such actions. No grading or construction of the On-Site Improvements will be allowed and no
building permits will be issued for the Property unless the Developer is in full compliance with the
erosion control requirements. The erosion control measures specified in the Plans or otherwise
required on the Property shall be binding on the Developer and its successors and assigns.
4. Site Grading; Haul Routes. a) In order to construct the On-Site Improvements and
otherwise prepare the Property for development, it will be necessary for the Developer to grade
portions of the Property. All site grading must be done in compliance with the Plans. The City may
withhold issuance of a building permit for the Property until the approved certified grading plan is on
file with the City and all erosion control measures are in place as determined by the City. Within 45
days after completion of the grading, the Developer shall provide the City with an “as constructed”
grading plan and a certification by a registered land surveyor or engineer.
b) The Developer agrees that any fill material which must be brought to or removed from
the Property during construction of the On-Site Improvements, while grading the site, or during
construction of any buildings, will use the haul route established by the City. For purposes of this
provision, the City designates Highway 55 to Pinto Drive to Tower Drive as the haul route.
5. Construction of On-Site Improvements. a) All On-Site Improvements shall be
installed in accordance with the Plans, the City Approval, the City’s engineering standards (as
hereinafter defined) for utility construction and the requirements of the letter from the city engineer
dated _______________, 2021. The Developer shall submit plans and specifications for utility
construction prepared by a registered professional engineer. The Developer shall obtain any
necessary permits from the Elm Creek Watershed Management Commission, the Metropolitan
Council, the Minnesota Department of Health, the Minnesota Pollution Control Agency and all other
agencies having jurisdiction over the Property before proceeding with construction. The City shall
inspect all work at the Developer’s expense. The Developer and its contractors and subcontractors,
shall follow all instructions received from the City’s inspectors. Prior to beginning construction, the
Developer or the Developer’s engineer shall schedule a preconstruction meeting with all parties
concerned, including the City staff and engineers, to review the program for the construction work.
b) Within 30 days after the completion of the On-Site Improvements, the Developer shall
supply the City with a complete set of reproducible “as constructed” plans and three complete sets of
paper “as constructed” plans, each prepared in accordance with City standards and in AutoCADD
format based on Hennepin County coordinates. Sanitary sewer, water and stormwater “as
constructed” plans shall also be submitted to the City in GIS format compatible with Arc Map 10.5
in the coordinates and with the attributes directed by the city engineer. Iron monuments must be
installed on the Property in accordance with state law. The Developer’s surveyor shall submit a
5
ME230-759-766424.v4
written notice to the City certifying that the monuments have been installed. All On-Site
Improvements required by this Agreement shall be completed by no later than July 31, 2023.
6. Sanitary Sewer and Water Improvements. a) All sanitary sewer and water
improvements to be made by the Developer pursuant to the Plans shall remain private and will be
maintained by the Developer or its successors and assigns unless otherwise expressly required by the
City to be dedicated to the public.
b) The Developer agrees to install sanitary sewer and water services for the Property
consistent with City specifications. Installation of the services requires the disturbance of portions of
the existing public street and trail and the Developer agrees to restore all portions of public street and
trail as required by the City and Hennepin County following said installation.
7. Private Stormwater Improvements. a) The Developer agrees to construct the on-
site stormwater improvements in accordance with the Plans and in compliance with all City
requirements regarding such improvements. All stormwater facilities serving the Property will remain
private and will be maintained by the Developer at its sole expense. The City does not intend to
accept any of the stormwater facilities as public and does not intend to maintain them. In order to
meet the requirements of the Elm Creek Watershed Management Commission, the Developer agrees
to (i) grant to the City public drainage and utility easement over all private stormwater improvements,
which shall include reasonable access to such locations, by executing an instrument to be recorded
against the Property in the general form attached hereto as Exhibit D; and (ii) enter into a Stormwater
Maintenance Agreement with the City in the form attached hereto as Exhibit E. The purpose of the
aforementioned easement and agreement is to ensure that the Developer maintains the stormwater
facilities and to give the City the right but not the obligation to do so if the Developer fails in its
obligations. The Stormwater Maintenance Agreement will be recorded against the Property and will
run with the land. The Developer acknowledges that i) the storm water improvements have not and
will not be accepted by the City; ii) the City does not plan to maintain or pay for maintenance, repair
or replacement of the storm sewer improvements and that the Developer will have responsibility for
such work; iii) the City has the right but not the obligation to perform necessary work upon the failure
or refusal by the Developer to do so; and iv) if the City performs any work on the storm water
improvements, the City intends to specially assess the cost of such work against the Property.
b) Additionally, the construction of certain On-Site Improvements will require alterations of
existing storm sewer improvements operated by Hennepin County located within the Pinto Drive
right-of-way. The Developer agrees to conduct such alterations consistent with Hennepin County
specifications and direction.
8. Landscaping; Tree Removal. a) The Developer agrees to install landscaping in
accordance with the Plans. All landscaping shall include hardy, non-invasive, and drought tolerant
species appropriate for Minnesota. All landscaping materials shall be maintained and replaced if they
die within two years of planting. Any automatic water irrigation system utilized on the Property shall
be equipped with rain sensors or soil moisture sensors and is subject to the City’s irrigation ordinance
and water conservation ordinance which prohibits the use of treated municipal water in connection
with a landscape irrigation system. Notwithstanding the requirement that water for landscaping not
6
ME230-759-766424.v4
be taken from the public water supply, water may be utilized from the public water system for a
limited period of time until the landscaping material has been established.
b) The Developer shall plant replacement trees as shown in the Plans. In lieu of planting
additional replacement trees, and prior to commencing construction of the On-Site Improvements, the
Developer shall pay a fee of $9,900 to the City’s environmental fund for the purpose of reforestation
and woodlands management. Any tree removal on the Property beyond what is contained in the Plans
is subject to additional replacement or fees in accordance with the City’s tree preservation ordinance.
9. Access. The Property is to be accessed from Tower Drive, which will require a
perpetual access easement over Lot 2, Block 1, Medina Industrial Addition (the “Southern Lot”), and
said Southern Lot is located to the south of the Property and also owned in fee by the Developer.
Prior to commencing any construction activities on the Property, the Developer shall execute and
record an access easement which shall provide perpetual vehicular access rights to the owner of the
Property, including its successors and assigns, over that portion of the Southern Lot where access is
contemplated in the Plans. Such easement shall be prepared by the Developer, submitted to the City,
and approved by the city attorney prior to execution and recordation to ensure that it meets all of the
City’s requirements. Such easement shall include language acknowledging the self-imposed
limitations on development of the Southern Lot created by the required access.
10. Letter of Credit. a) In order to ensure completion of the On-Site Improvements, any
necessary restoration to public infrastructure required under this Agreement, and payment to the City
of any financial obligations expressly required herein, the Developer agrees to deliver to the City prior
to beginning any construction on the Property a letter of credit (the “Letter of Credit”) in the amount
of $128,055.00 which represents 150 percent of the estimated cost of the On-Site Improvements.
This amount represents the maximum risk exposure for the City, based on the anticipated sequence
of construction and the estimated cost of each element of the On-Site Improvements, rather than the
entire cost of all required On-Site Improvements. The Letter of Credit shall be delivered to the City
prior to issuance of any building permits for the Property and shall renew automatically thereafter
until released by the City as set forth in b) below. The itemized costs of the On-Site Improvements
are estimated on Exhibit C attached hereto. The Letter of Credit shall be issued by a bank reasonably
determined by the City to be solvent and creditworthy and shall be in a form acceptable to the City.
The Letter of Credit shall allow the City to draw upon the instrument, in whole or part, in order to
complete construction of any or all of the On-Site Improvements, complete any restoration work to
public infrastructure required herein, and to pay any fees or costs due to the City by the Developer.
b) The City agrees to release or reduce the Letter of Credit promptly upon substantial
completion of the On-Site Improvements on the Property, or any significant portion thereof,
completion of any necessary restoration work, and satisfaction of all of the Developer’s financial
obligations to the City. After satisfactory completion of all elements of the On-Site Improvements
and restoration work, if necessary, the City shall reduce the Letter of Credit to the aggregate amount
of any unpaid, deferred or contingent fees payable by the Developer to the City. The Letter of Credit
shall be released in full following expiration of the two-year warranty period for the landscaping and
after satisfaction of all other provisions of this section. During said two-year period, the City shall
retain the ability to draw on the Letter of Credit in the event that any public infrastructure disturbed
or otherwise restored by the Developer fails, normal wear and tear excepted.
7
ME230-759-766424.v4
c) Prior to releasing any portion of the Letter of Credit or accepting another letter of
credit in replacement, the City shall first be satisfied regarding the quality and completeness of the
construction or work, that the Developer has taken such steps as may be necessary to ensure that no
liens will attach to the Property. It is the intention of the parties that the City at all times have available
to it a Letter of Credit in an amount adequate to ensure completion of all elements of the On-Site
Improvements and other obligations of the Developer under this Agreement. To that end and
notwithstanding anything herein to the contrary, all requests by the Developer for a reduction or
release of the Letter of Credit shall be evaluated by the City in light of that principle. Notwithstanding
anything herein to the contrary, the Letter of Credit shall not be reduced to less than $50,000, until
such time as the City releases the entire Letter of Credit.
d) If at any time the City determines that the bank issuing the Letter of Credit no longer
satisfies the City’s requirements regarding solvency and creditworthiness, the City shall notify the
Developer and the Developer shall provide to the City within 30 days a substitute Letter of Credit
from another bank meeting the City’s requirements. If the Developer fails to provide the City with a
substitute Letter of Credit from an issuing bank satisfactory to the City within 30 days or such shorter
period as may be necessary to ensure there remains a valid letter of credit available to the City, the
City may draw under the existing Letter of Credit.
11. Developer’s Default. In the event of default by the Developer as to construction or
repair of any of the On-Site Improvements, the City may, at its option, perform the work and the
Developer shall promptly reimburse the City for any expense incurred by the City. This Agreement
is a license for the City to act, and it shall not be necessary for the City to seek an order from any court
for permission to enter the Property for such purposes. If the City does any such work, the City may,
in addition to its other remedies, levy special assessments against the Property to recover the costs
thereof. For this purpose, the Developer, for itself and its successors and assigns, expressly waives
any and all procedural and substantive objections to the special assessments, including but not limited
to, hearing requirements and any claim that the assessments exceed the benefit to the land so assessed.
The Developer, for itself and its successors and assigns, also waives any appeal rights otherwise
available pursuant to Minnesota Statues, section 429.081.
12. Insurance. The Developer agrees to take out and maintain or require its general
contractor to cause to be taken out and maintained until six months after the City has accepted the
Public Improvements, public liability and property damage insurance covering personal injury,
including death, and claims for property damage which may arise out of Developer’s work or the
work of its contractors or subcontractors. Liability limits shall not be less than $500,000 when the
claim is one for death by wrongful act or omission or for any other claim and $1,500,000 for any
number of claims arising out of a single occurrence. The City shall be named as an additional insured
on the policy. The certificate of insurance shall provide that the City must be given the same advance
written notice of the cancellation of the insurance as is afforded to the policy holder.
13. City Utility Connection Fees; Metropolitan Council SAC Fee. a) In accordance with
City policy and to distribute uniformly the costs of public utility infrastructure improvements, the City
will charge the Developer trunk connection fees for the availability of sanitary sewer and water to the
Property. The total connection fees shall be computed as of the date of issuance of the building permit
8
ME230-759-766424.v4
and shall be payable on said date. For 2022, the City’s fees are $7,575.00 per unit for water and
$860.00 per unit for sanitary sewer.
b) The Developer will also be responsible for payment of the SAC fee set by the
Metropolitan Council. The 2022 SAC fee is $2,485 per unit.
c) For purposes of calculation of the fees due under this paragraph, the number of units
shall be determined by the City at the time of application for the building permit and at the rates there
in effect.
14. Responsibility for Costs; Escrow for Construction Inspection. a) The Developer
agrees to pay to the City an administrative fee in the amount necessary to reimburse the City for its
reasonable costs and expenses in reviewing and processing the applications for the development,
including the drafting and negotiation of this Agreement. The Developer agrees to reimburse the City
in full for such reasonable costs within 30 days after notice in writing by the City. The Developer
agrees to reimburse the City for the reasonable cost incurred in the enforcement of any provision of
this Agreement, including reasonable engineering and attorneys’ fees.
b) The Developer shall also pay a fee for City construction observation and
administration relating to construction of the On-Site Improvements. Construction observation shall
include inspection of all of the improvements. In order to reimburse the City for the administrative
fee and the reasonable cost of inspection of the On-Site Improvements, the Developer shall deposit
an additional $11,000 into an escrow account with the City, which shall receive and hold such funds
solely under the terms of this Agreement. If any funds held under this escrow exceed the amount
necessary to reimburse the City for its costs under this subparagraph, such funds shall be promptly
returned to Developer without interest. If it appears that the actual costs incurred will exceed the
estimate, Developer and City shall review the costs required to complete the project and the Developer
shall promptly deposit additional sums with the City.
15. No Building Permits Approved. The City Approval does not include approval of a
building permit for any structures on the Property. The Developer must submit, and the City must
approve building plans prior to the issuance of any building permit for the Property. The Developer
or the party applying for the building permit shall be responsible for payment of the customary fees
associated with the building permit.
16. Clean up and Dust Control. The Developer shall daily clean dirt and debris from
streets adjoining the Property resulting from construction work by the Developer, its contractors,
agents or assigns. Prior to any construction on the Property, the Developer shall identify to the City
in writing a responsible party for erosion control, street cleaning, and street sweeping. The Developer
shall provide dust control to the satisfaction of the City’s engineer throughout construction on the
Property.
17. Compliance With Laws. The Developer agrees to comply with all laws, ordinances,
regulations and directives of the state of Minnesota and the City applicable to the Property. This
Agreement shall be construed according to the laws of Minnesota. Breach of the terms of this
Agreement by the Developer shall be grounds for denial of building permits for the Property.
9
ME230-759-766424.v4
18. Agreement Runs with the Land. This Agreement shall run with the Property and shall
be recorded against the title thereto and shall bind the parties hereto and their successors and assigns.
It is the intent of the parties hereto that this Agreement be in a form which is recordable among the
land records of Hennepin County, Minnesota and the Developer and the City agree to make any
changes in this Agreement which may be necessary to effect the recording and filing of this
Agreement against the title of the Property and to ensure that any mortgagees consent to this
Agreement to ensure that a foreclosure would not result in this Agreement being extinguished.
19. Indemnification. The Developer hereby agrees to indemnify and hold the City and its
officers, employees, and agents harmless from claims made by it and third parties for damages
sustained or costs incurred resulting from the City Approval or the Developer’s undertakings required
herein. The Developer hereby agrees to indemnify and hold the City and its officers, employees, and
agents harmless for all costs, damages, or expenses which the City may pay or incur in consequence
of such claims, including attorneys’ fees, except matters involving acts of gross negligence by the
City.
20. Assignment. The Developer may not assign this Agreement without the prior written
permission of the City.
21. Notices. Any notice or correspondence to be given under this Agreement shall be
deemed to be given if delivered personally or sent by U.S. Mail, postage prepaid, certified mail, return
receipt requested:
a) as to Developer: 3692 Pinto Medina LLC
16919 Cottage Grove Ave.
Wayzata, MN 55391
Attn: __________________
b) as to City: City of Medina
2052 County Road 24
Medina, MN 55340
ATTN: City Administrator
with a copy to: Ronald H. Batty
Kennedy & Graven
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
or at such other address as either party may from time to time notify the other in writing in accordance
with this section. The Developer shall promptly notify the City in writing if it changes its name or
address.
10
ME230-759-766424.v4
22. Severability. In the event that any provision of this Agreement shall be held invalid,
illegal or unenforceable by any court of competent jurisdiction, such holding shall pertain only to such
section and shall not invalidate or render unenforceable any other provision of this Agreement.
23. Non-waiver. Each right, power or remedy conferred upon the City by this Agreement
is cumulative and in addition to every other right, power or remedy, express or implied, now or
hereafter arising, or available to the City at law or in equity, or under any other agreement. Each and
every right, power and remedy herein set forth or otherwise so existing may be exercised from time
to time as often and in such order as may be deemed expedient by the City and shall not be a waiver
of the right to exercise at any time thereafter any other right, power or remedy. If either party waives
in writing any default or nonperformance by the other party, such waiver shall be deemed to apply
only to such event and shall not waive any other prior or subsequent default.
24. Counterparts. This Agreement may be executed simultaneously in any number of
counterparts, each of which shall be an original and shall constitute one and the same Agreement.
[remainder of page intentionally blank]
11
ME230-759-766424.v4
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the day and year first above written.
CITY OF MEDINA
By__________________________________
Kathleen Martin, Mayor
By__________________________________
Scott T. Johnson,
City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of _____________,
2022, by Kathleen Martin and Scott T. Johnson, the mayor and city administrator, respectively, of the
city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation.
____________________________________
Notary Public
12
ME230-759-766424.v4
3692 PINTO MEDINA LLC
By__________________________________
Its: [title]
STATE OF MINNESOTA )
) ss
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ___ day of ___________, 2022,
by __________________, the _____________________ of 3692 Pinto Medina LLC, a Minnesota
limited liability company, on behalf of the company.
____________________________________
Notary Public
A-1
ME230-759-766424.v4
EXHIBIT A TO
DEVELOPMENT AGREEMENT
Legal Description of the Property
Lot 1, Block 1, Medina Industrial Addition, Hennepin County, Minnesota
B-1
ME230-759-766424.v4
EXHIBIT B TO
DEVELOPMENT AGREEMENT
List of Plan Documents
[to be inserted]
C-1
ME230-759-766424.v4
EXHIBIT C TO
DEVELOPMENT AGREEMENT
Site Improvement Cost Estimate
ME230-759-766424.v4 D-1
EXHIBIT D TO
DEVELOPMENT AGREEMENT
FORM OF DRAINAGE AND UTILITY EASEMENT
THIS INSTRUMENT is made by 3692 Pinto Medina LLC, a Minnesota limited liability
company, Grantor, in favor of the city of Medina, a municipal corporation under the laws of
Minnesota, Grantee.
Recitals
A. Grantor is the fee owner of the property located in Hennepin County, Minnesota (the
“Property”) and legally described on Exhibit A attached hereto.
B. Grantor desires to grant to the Grantee an easement, according to the terms and conditions
contained herein.
Terms of Easement
1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged
by Grantor, Grantor grants and conveys to the Grantee a perpetual, non-exclusive drainage and
utility easement over, under, and across the portion of the Property described on Exhibit B and
depicted on Exhibit C attached hereto.
2. Scope of Easement. The perpetual, non-exclusive drainage and utility easement granted
herein includes the right of the Grantee, its contractors, agents, and employees to enter the premises
upon reasonable notice (except in the event of an emergency) for the purpose of locating,
constructing, reconstructing, operating, maintaining, inspecting, altering and repairing public
utilities, drainage ways and stormwater facilities in the described easement area.
3. Warranty of Title. The Grantor warrants it is the fee owner of the Property and has the
right, title and capacity to convey to the Grantee the easement herein.
4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release of
any hazardous substances, pollutants, or contaminants which may have existed on, or which relate
to, the easement area or Property prior to the date of this instrument.
5. Binding Effect. The terms and conditions of this instrument shall run with the land and be
binding on the Grantor, its successors and assigns.
ME230-759-766424.v4 D-2
STATE DEED TAX DUE HEREON: NONE
Dated this _____ day of ______________, 2022.
3692 PINTO MEDINA LLC
By__________________________________
Its: [title]
STATE OF MINNESOTA )
) ss
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ___ day of ___________, 2022,
by __________________, the _____________________ of 3692 Pinto Medina LLC, a Minnesota
limited liability company, on behalf of the company.
____________________________________
Notary Public
This instrument drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
ME230-759-766424.v4 D-A-1
EXHIBIT A TO
DRAINAGE AND UTILITY EASEMENT
Legal Description of the Property
Lot 1, Block 1, Medina Industrial Addition, Hennepin County, Minnesota
ME230-759-766424.v4 D-B-1
EXHIBIT B TO
DRAINAGE AND UTILITY EASEMENT
Legal Description of the Easement Area
[to be inserted]
ME230-759-766424.v4 D-C-1
EXHIBIT C TO
DRAINAGE AND UTILITY EASEMENT
Depiction of the Easement Area
[to be inserted]
E-1
ME230-759-766424.v4
EXHIBIT E TO
DEVELOPMENT AGREEMENT
FORM OF
STORMWATER MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into as of the ____ day of ____________ 2021,
by and between 3692 Pinto Medina LLC, a Minnesota limited liability company (the “Developer”),
and the city of Medina, a Minnesota municipal corporation (the “City”).
WITNESSETH:
WHEREAS, the Developer is the fee owner of certain land located at 3692 Pinto Drive (the
“Property”), which land is legally described on Exhibit A attached hereto; and
WHEREAS, pursuant to a site plan and conditional use permit approval, a drainage and
utility easement has been granted to the City for over portions of the Property (the “Easement Areas”)
as depicted on Exhibit B attached hereto; and
WHEREAS, the Developer intends to construct within the Easement Areas certain
stormwater improvements (the “Stormwater Improvements”) for the benefit of the Property; and
WHEREAS, through a separate development agreement, the Developer has agreed to
construct and maintain the Stormwater Improvements; and
WHEREAS, the Elm Creek Watershed Management Commission requires permanent
provisions for handling of storm runoff, including terms and conditions for operation and maintenance
of all Stormwater Improvements, and requires such provisions to be set forth in an agreement to be
recorded against the Property; and
WHEREAS, the City and the Developer intend to comply with certain conditions, including
entering into a maintenance agreement regarding the Stormwater Improvements;
NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein
and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1. Maintenance of the Stormwater Improvements. The Developer and its successor or
assigns as fee owner of the Property shall be responsible for maintaining the Stormwater
Improvements and for observing all drainage laws governing the operation and maintenance of the
Stormwater Improvements. The Developer shall adhere to the schedule for the periodic inspection of
the Stormwater Improvements attached hereto as Exhibit C. The Developer shall make all such
scheduled inspections, keep record of all inspections and maintenance activities, and submit such
records annually to the City. The cost of all inspections and maintenance shall be the obligation of
the Developer and its successors or assigns as the fee owner of the Property.
E-2
ME230-759-766424.v4
2. City’s Rights. The City may inspect the Stormwater Improvements at any time and
shall have the right to enter upon the Easement Areas and such portions of the Property as may
reasonably be necessary to gain access to the Easement Areas to perform such inspections.
Additionally, the City may maintain the Stormwater Improvements, as provided in this paragraph, if
the City reasonably believes that the Developer or its successors or assigns has failed to maintain the
Stormwater Improvements in accordance with applicable drainage laws and other requirements and
such failure continues for 30 days after the City gives the Developer written notice of such failure or,
if such tasks cannot be completed within 30 days, after such time period as may be reasonably required
to complete the required tasks provided that Developer is making a good faith effort to complete said
task. The City’s notice shall specifically state which maintenance tasks are to be performed. If
Developer does not complete the maintenance tasks within the required time period after such notice
is given by the City, the City shall have the right to enter upon the Easement Areas and such portions
of the Property as may reasonably be necessary to gain access to the Easement Areas to perform such
maintenance tasks. In such case, the City shall send an invoice of its reasonable maintenance costs to
the Developer or its successors or assigns, which shall include all reasonable staff time, engineering
and legal and other reasonable costs and expenses incurred by the City. If the Developer or its
successors or assigns fails to reimburse the City for its costs and expenses in maintaining the
Stormwater Improvements within 30 days of receipt of an invoice for such costs, the City shall have
the right to assess the full cost thereof against the Property. The Developer, on behalf of itself and its
successors and assigns, acknowledges that the maintenance work performed by the City regarding the
Stormwater Improvements benefits the Property in an amount which exceeds the assessment and
hereby waives any right to hearing or notice and the right to appeal the assessments otherwise
provided by Minnesota Statutes, Chapter 429. Notwithstanding the foregoing, in the event of an
emergency, as determined by the city engineer, the 30-day notice requirement to the Developer for
failure to perform maintenance tasks shall be and hereby is waived in its entirety by the Developer,
and the Developer shall reimburse the City and be subject to assessment for any expense so incurred
by the City in the same manner as if written notice as described above has been given.
3. Hold Harmless. The Developer hereby agrees to indemnify and hold harmless the
City and its agents and employees against any and all claims, demands, losses, damages, and expenses
(including reasonable attorneys’ fees) arising out of or resulting from the Developer's, or the
Developer's agents’ or employees’ negligent or intentional acts, or any violation of any safety law,
regulation or code in the performance of this Agreement, without regard to any inspection or review
made or not made by the City, its agents or employees or failure by the City, its agents or employees
to take any other prudent precautions. In the event the City, upon the failure of the Developer to
comply with any conditions of this Agreement, performs said conditions pursuant to its authority in
this Agreement, the Developer shall indemnify and hold harmless the City, its employees, agents and
representatives for its own negligent acts in the performance of the Developer's required work under
this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts of
the City, its employees, agents and representatives.
4. Costs of Enforcement. The Developer agrees on behalf of itself and its successors and
assigns to reimburse the City for all costs prudently incurred by the City in the enforcement of this
Agreement, or any portion thereof, including court costs and reasonable attorneys' fees.
5. Notice. All notices required under this Agreement shall either be personally delivered,
E-3
ME230-759-766424.v4
be sent by nationally recognized overnight courier or be sent by U.S. certified or registered mail,
postage prepaid, and addressed as follows:
a) as to Developer: 3692 Pinto Medina LLC
16919 Cottage Grove Ave.
Wayzata, MN 55391
Attn: __________________
b) as to City: City of Medina
2052 County Road 24
Medina, MN 55340
ATTN: City Administrator
with a copy to: Ronald H. Batty
Kennedy & Graven
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
or at such other address as either party may from time to time notify the other in writing in accordance
with this paragraph.
6. Successors. All duties and obligations of Developer under this Agreement shall also
be duties and obligations of Developer's successors and assigns. The terms and conditions of this
Agreement shall run with the Property.
7. Effective Date. This Agreement shall be binding and effective as of the date first
written above.
********************
E-4
ME230-759-766424.v4
IN WITNESS WHEREOF, the parties to this Stormwater Maintenance Agreement have
caused these presents to be executed as of the day and year aforesaid.
3692 PINTO MEDINA LLC
By__________________________________
Its: [title]
STATE OF MINNESOTA )
) ss
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ___ day of ___________, 2022,
by __________________, the _____________________ of 3692 Pinto Medina LLC, a Minnesota
limited liability company, on behalf of the company.
____________________________________
Notary Public
E-5
ME230-759-766424.v4
CITY OF MEDINA
By__________________________________
Kathleen Martin, Mayor
By__________________________________
Scott T. Johnson,
City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of _____________,
2022, by Kathleen Martin and Scott T. Johnson, the mayor and city administrator, respectively, of the
city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation.
____________________________________
Notary Public
This instrument drafted by:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
E-A-1
ME230-759-766424.v4
EXHIBIT A TO
STORMWATER MAINTENANCE AGREEMENT
Legal Description of the Property
Lot 1, Block 1, Medina Industrial Addition, Hennepin County, Minnesota
E-B-1
ME230-759-766424.v4
EXHIBIT B TO
STORMWATER MAINTENANCE AGREEMENT
Depiction of Easement Areas
[to be included]
E-C-1
ME230-759-766424.v4
EXHIBIT C TO
STORMWATER MAINTENANCE AGREEMENT
Inspection and Maintenance Schedule
[to be inserted]
Resolution No. 2022-XX
DATE
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2022-XX
RESOLUTION ACCEPTING DONATION FROM HAMEL LIONS CLUB
WHEREAS, The Hamel Lions Club has generously offered to donate a check in the
amount of $124,840 (the “Donation”) to the city of Medina (the “City”); and
WHEREAS, the Donation will be dedicated to finance a Daktronics Outdoor Video
Baseball Scoreboard at Paul Fortin Memorial Field in Hamel Legion Park; and
WHEREAS, the City wishes to accept the Donation and express its gratitude to the Hamel
Lions Club for their generosity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina,
Minnesota, that the City accepts the Donation and thanks the Hamel Lions Club.
Dated: DATE
____________________________________
Kathleen Martin, Mayor
ATTEST:
___________________________________
Caitlyn Walker, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member and
upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Agenda Item #5N
Hamel Lions Club
P.O. Box 301
Hamel, MN. 55340
www.hamellions.org
Steve Scherer
Public Works Director
City of Medina
April 13, 2022
Mr. Scherer,
The Hamel Lions Club has entered into an agreement with the Hamel Athletic Club to finance a
Daktronics Outdoor Video Baseball Scoreboard at Paul Fortin Memorial Field in Medina through a
donation of $124,840. Hamel Lions members approved this action at the club’s March 24, 2022 meeting.
If you have questions related to the scoreboard, please feel free to contact Greg DeVos, Hamel Lions
Club Vice President and Hamel Hawks General Manager, at 763-228-3136.
Sincerely,
Jim Herkenhoff
Hamel Lions Club President
763-706-7617
April 12, 2022
Mayor Martin and Members of the City Council
2052 County Road 24
Medina, MN 55340
Dear Mayor Martin and Members of the City Council,
At its April 12, 2022, meeting, the Medina Planning Commission reviewed the proposed sale of
the 30-foot wide southern portion of PID 02-118-23-24-0002 pursuant to Minnesota Statutes,
section 462.356, subd. 2.
Following review, the Planning Commission found that the disposal of the portion of the
property is consistent with Medina’s Comprehensive Plan.
If you have any questions, please do not hesitate to contact me at beth.nielsen@medinamn.gov
Sincerely,
Beth Nielsen
Planning Commission Chair
Agenda Item #6C
Lighting the path forward
City of Medina
2021 Financial Statement Audit
Audit Results
Auditor's Opinion
Unmodified Clean Audit
Opinion
Minnesota Legal
Compliance
No instances of non-
compliance noted
General Fund
Comparing Unassigned Fund Balance to Future Year
Budget
$6,500,000
$6,000,000
$5,500,000
$5,000,000
$4,500,000
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
65.3%
50%
64.4%
63.4%
50%
61.0%
50%
66.4%
50%
50%
S5 742,056
2017 2018 2019 2020 2021 2022
Unassigned Fund Balance
Budget —, Minimum Fund Balance Policy
Fund
Nonmajor
Environmental $ 487,281 $ 519,744 $ (32,463)
Municipal Park 426,722 379,194 47,528
Field House 4,619 6,178 (1,559)
Police Forfeiture 264,635 236,881 27,754
Police Reserve Equipment 16,831 17,371 (540)
German Liberal Cemetery 173,269 167,605 5,664
Community Event 18,129 23,328 (5,199)
Charitable Gaming 7,263 - 7,263
Cable Franchise 68,683 69,514 (831)
Fund Balances
December 31, Increase
2021 2020 (Decrease)
$1,400,000
$1,200,000
$1,000,000
$800,000
$600,000
$400,000
$200,000
$-
Total
$ 15467,432 $ 1,419,815 $ 47,617
i t �
Restricted Committed
2019 2020 ■ 2021
Note: Insignificant Nonspendable balance not presented for 2021.
Special
Revenu
Fund
Balance
Debt Description
Cash Total Bonds Maturity
Balance Assets Outstanding Date
319 G.O. Refunding Improvement Bonds 2020A $ 433,580 $ 442,501 $ 1,025,000 2031
321 G.O. Refunding Bonds 2013A 237,483 242,548 310,000 2023
322 G.0 Refunding Bonds 2015A 302,037 754,249 1,160,000 2024
323 G.O. Improvements Bonds 2016A 60,651 76,385 545,000 2024
324 G.O. Refunding Bonds 2020A 1,200,205 1,200,205 4,695,000 2034
Total
$1,000,000
$900,000
$800,000
$700,000
$600,000
$500,000
$400,000
$300,000
$200,000
$100,000 -�
S_ L
Abdo
,$ 2,233,956 $ 2,715888 S 7,735,000
Total Remaining Interest Payments $ 819,292
T
2022 2023 2024 2025 2026 2027 2028 2029 2030 2031
■ Principal w Interest
$1,000,000
$900,000
$800,000
$700,000
$600,000
$500,000
$400,000
$300,000
$200,000
8100,000
8-
2018 2018 2019 2019
Operating Disbursements
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
3 -
Al -"43
$1,658,824
$1,812,088
2020 2020
Operating Receipts
$2,023,594
2021 2021
$2,118,363
L•
2018 2019 2020 2021
I me Cash Balance
—+firMinimum Target BalancelFollowing Year Debt Service Plus 6 Months of OperajokCosts)
" Cash Flows from
Operations and
Cash Balances
i
Cash and Investments Balances
by Fund Type
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
2019
General Fund
Debt Service Funds
2020 2021
Capital Projects Funds
• Enterprise Funds
■ Special Revenue Funds
13
Debt
Key Performance Indicators
$3,000
$2,500
$2,000
$1,500
$1,000
$500
$-
2018
Class 4 Cities $2,697
Cities in Hennepin County $1,942
—a—City of Medina $1,992
Debt Per Capita
2019
$2,005
$1,751
$1,685
2020 2021
$2,150 N/A
$1,803 N/A
$2096 $1,234
Debt Service Expenditures as a Percent of
Current Expenditures
40.00%
35.00%
30.00%
25.00%
20.00%
15.00%
10.00%
5.00%
0.00%
2018 2019
Class 4 Cities 20.55% 14.16%
Cities in Hennepin County 16.40% 13.23%
—City of Medina 18.98% 18.20%
1�
2020
13.39%
12.80%
35.06%
2021
N/A
N/A
14.13%
15
Your Abdo Team
Steve McDonald Justin Nilson
Partner Senior Manager
Luke Vogt
Senior Associate
Jill Knutson
Associate
smcdonald@abdosolutions.corn Justin.Nilson@abdosolutions.com Luke.Vogt@abdosolutions.corn Jill.Knutson@abdosolutions.com
1" 0
17
Management
Communication
City of Medina
Medina, Minnesota
For the year ended December 31, 2021
AbAo
Edina Office
5201 Eden Avenue, Ste 250
Edina, MN 55436
952.835.9090
952.835.3261
Mankato Office
100 Warren Street, Ste 600
Mankato, MN 56001
507.625.2727
507.388.9139
2021-001 Preparation of Financial Statements
Condition:
Criteria:
Cause:
The City has one staff person involved in the majority of duties in the financial statement
reporting internal control cycle. This cycle includes the drafting, review and finalization of the
City's annual financial report. The current structure doesn't provide adequate segregation of
duties for all elements of internal control. The audit firm drafts the report and management
reviews the work performed but the firm can't be considered part of internal control due to
independence auditing standards.
Internal control procedures need to separate actions between the duties around authorization,
recording and reconciling. When one person has duties in each area there is not complete check
and balance.
Given the comparatively small size of the City and its staff, the City does not have a second
person from which a complete check and balance system can be created. This is not unusual for
an organization of your size.
Effect: Since controls are not completely segregated there is increased risk that an error or fraud could
occur and not be detected.
Recommendation: It is the responsibility of the City to make the decision to accept this degree of risk associated
with this condition because of cost or other considerations. We have requested management to
review a draft of the auditor prepared annual financial report in detail for accuracy including
agreeing the information in the finance software to the report. We have answered any questions
they might have and have encouraged research of any accounting guidance in connection with
amounts or disclosures. We are satisfied that the appropriate steps have been taken to provide
you with the completed financial statements.
Management Response:
The City's management accepts the degree of risk associated with this condition and thoroughly reviews a draft of the
financial statements.
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City's financial statements are free from material
misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant
agreements, noncompliance with which could have a direct and material effect on the financial statements. However,
providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not
express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are
required to be reported under Minnesota statutes.
AbdoSolutions.cam
3
Management Consultations with Other Independent Accountants
In some cases, management may decide to consult with other accountants about auditing and accounting matters,
similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting
principle to the City's financial statements or a determination of the type of auditor's opinion that may be expressed on
those statements, our professional standards require the consulting accountant to check with us to determine that the
consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.
Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with
management each year prior to retention as the City's auditors. However, these discussions occurred in the normal
course of our professional relationship and our responses were not a condition to our retention.
Other Matters
We applied certain limited procedures to the required supplementary information (RSI) (Management's Discussion and
Analysis, the Schedules of Employer's Share of the Net Pension Liability and the Schedules of Employer's Contributions,
which is information that supplements the basic financial statements. Our procedures consisted of inquiries of
management regarding the methods of preparing the information and comparing the information for consistency with
management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our
audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance
on the RSI.
We were engaged to report on the supplementary information (combining and individual fund financial statements and
schedules and schedules of federal awards), which accompany the financial statements but are not RSI. With respect to
this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods
of preparing the information to determine that the information complies with accounting principles generally accepted in
the United States of America, the method of preparing it has not changed from the prior period, and the information is
appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the
supplementary information to the underlying accounting records used to prepare the financial statements or to the
financial statements themselves.
We were not engaged to report on the introductory section or statistical sections, which accompany the financial
statements but is not RSI. We did not audit or perform other procedures on this other information, and we do not express
an opinion or provide any assurance on it.
AbdoSolutions.com
5
Future Accounting Standard Changes (Continued)
GASB Statement No. 91 - Conduit Debt Obligations
Summary
The primary objectives of this Statement are to provide a single method of reporting conduit debt obligations by issuers
and eliminate diversity in practice associated with (1) commitments extended by issuers, (2) arrangements associated
with conduit debt obligations, and (3) related note disclosures. This Statement achieves those objectives by clarifying the
existing definition of a conduit debt obligation; establishing that a conduit debt obligation is not a liability of the issuer;
establishing standards for accounting and financial reporting of additional commitments and voluntary commitments
extended by issuers and arrangements associated with conduit debt obligations; and improving required note disclosures.
All conduit debt obligations involve the issuer making a limited commitment. Some issuers extend additional
commitments or voluntary commitments to support debt service in the event the third party is, or will be, unable to do so.
An issuer should not recognize a conduit debt obligation as a liability. However, an issuer should recognize a liability
associated with an additional commitment or a voluntary commitment to support debt service if certain recognition
criteria are met. As long as a conduit debt obligation is outstanding, an issuer that has made an additional commitment
should evaluate at least annually whether those criteria are met. An issuer that has made only a limited commitment
should evaluate whether those criteria are met when an event occurs that causes the issuer to reevaluate its willingness
or ability to support the obligor's debt service through a voluntary commitment.
This Statement also addresses arrangements - often characterized as leases - that are associated with conduit debt
obligations. In those arrangements, capital assets are constructed or acquired with the proceeds of a conduit debt
obligation and used by third -party obligors in the course of their activities. Payments from third -party obligors are intended
to cover and coincide with debt service payments. During those arrangements, issuers retain the titles to the capital
assets. Those titles may or may not pass to the obligors at the end of the arrangements.
This Statement requires issuers to disclose general information about their conduit debt obligations, organized by type of
commitment, including the aggregate outstanding principal amount of the issuers' conduit debt obligations and a
description of each type of commitment. Issuers that recognize liabilities related to supporting the debt service of conduit
debt obligations also should disclose information about the amount recognized and how the liabilities changed during the
reporting period.
Effective Date and Transition
The requirements of this Statement are effective for reporting periods beginning after December 15, 2021. Earlier
application is encouraged.
How the Changes in This Statement Will Improve Accounting and Financial Reporting
The requirements of this Statement will improve financial reporting by eliminating the existing option for issuers to report
conduit debt obligations as their own liabilities, thereby ending significant diversity in practice. The clarified definition will
resolve stakeholders' uncertainty as to whether a given financing is, in fact, a conduit debt obligation. Requiring issuers to
recognize liabilities associated with additional commitments extended by issuers and to recognize assets and deferred
inflows of resources related to certain arrangements associated with conduit debt obligations also will eliminate diversity,
thereby improving comparability in reporting by issuers. Revised disclosure requirements will provide financial statement
users with better information regarding the commitments issuers extend and the likelihood that they will fulfill those
commitments. That information will inform users of the potential impact of such commitments on the financial resources
of issuers and help users assess issuers' roles in conduit debt obligations
7
Future Accounting Standard Changes (Continued)
How the Changes in This Statement Will Improve Accounting and Financial Reporting
The requirements of this Statement will enhance comparability in the application of accounting and financial reporting
requirements and will improve the consistency of authoritative literature. More comparable reporting will improve the
usefulness of information for users of state and local government financial statements.
GASB Statement No. 93 - Replacement of Interbank Offered Rates
Summary
The objective of this Statement is to address those and other accounting and financial reporting implications that result
from the replacement of an IBOR. This Statement achieves that objective by:
• Providing exceptions for certain hedging derivative instruments to the hedge accounting termination provisions
when an IBOR is replaced as the reference rate of the hedging derivative instrument's variable payment
• Clarifying the hedge accounting termination provisions when a hedged item is amended to replace the reference
rate
• Clarifying that the uncertainty related to the continued availability of IBORs does not, by itself, affect the
assessment of whether the occurrence of a hedged expected transaction is probable
• Removing LIBOR as an appropriate benchmark interest rate for the qualitative evaluation of the effectiveness of
an interest rate swap
• Identifying a Secured Overnight Financing Rate and the Effective Federal Funds Rate as appropriate benchmark
interest rates for the qualitative evaluation of the effectiveness of an interest rate swap
• Clarifying the definition of reference rate, as it is used in Statement 53, as amended
• Providing an exception to the lease modifications guidance in Statement 87, as amended, for certain lease
contracts that are amended solely to replace an IBOR as the rate upon which variable payments depend
Effective Date and Transition
The removal of LIBOR as an appropriate benchmark interest rate is effective for reporting periods ending after
December 31, 2021. All other requirements of this Statement are effective for reporting periods beginning after
June 15, 2020. Earlier application is encouraged. The exceptions to the existing provisions for hedge accounting
termination and lease modifications in this Statement will reduce the cost of the accounting and financial reporting
ramifications of replacing IBORs with other reference rates. The reliability and relevance of reported information will be
maintained by requiring that agreements that effectively maintain an existing hedging arrangement continue to be
accounted for in the same manner as before the replacement of a reference rate. As a result, this Statement will preserve
the consistency and comparability of reporting hedging derivative instruments and leases after governments amend or
replace agreements to replace an IBOR.
How the Changes in This Statement Will Improve Accounting and Financial Reporting
The requirements of this Statement will enhance comparability in the application of accounting and financial reporting
requirements and will improve the consistency of authoritative literature. More comparable reporting will improve the
usefulness of information for users of state and local government financial statements.
AbdoSolutions_com
9
Future Accounting Standard Changes (Continued)
GASB Statement No. 96 - Subscription -Based Information Technology Arrangements
Summary
This Statement provides guidance on the accounting and financial reporting for subscription -based information
technology arrangements (SBITAs) for government end users (governments). This Statement (1) defines a SBITA; (2)
establishes that a SBITA results in a right -to -use subscription asset - an intangible asset - and a corresponding
subscription liability; (3) provides the capitalization criteria for outlays other than subscription payments, including
implementation costs of a SBITA; and (4) requires note disclosures regarding a SBITA. To the extent relevant, the
standards for SBITAs are based on the standards established in Statement No. 87, Leases, as amended.
Under this Statement, a government generally should recognize a right -to -use subscription asset - an intangible asset -
and a corresponding subscription liability. A government should recognize the subscription liability at the commencement
of the subscription term, - which is when the subscription asset is placed into service. The subscription liability should be
initially measured at the present value of subscription payments expected to be made during the subscription term.
Future subscription payments should be discounted using the interest rate the SBITA vendor charges the government,
which may be implicit, or the government's incremental borrowing rate if the interest rate is not readily determinable. A
government should recognize amortization of the discount on the subscription liability as an outflow of resources (for
example, interest expense) in subsequent financial reporting periods.
This Statement provides an exception for short-term SBITAs. Short-term SBITAs have a maximum possible term under the
SBITA contract of 12 months (or less), including any options to extend, regardless of their probability of being exercised.
Subscription payments for short-term SBITAs should be recognized as outflows of resources.
This Statement requires a government to disclose descriptive information about its SBITAs other than short-term SBITAs,
such as the amount of the subscription asset, accumulated amortization, other payments not included in the
measurement of a subscription liability, principal and interest requirements for the subscription liability, and other
essential information.
Effective Date and Transition
The requirements of this Statement are effective for fiscal years beginning after June 15, 2022, and all reporting periods
thereafter. Earlier application is encouraged. Assets and liabilities resulting from SBITAs should be recognized and
measured using the facts and circumstances that existed at the beginning of the fiscal year in which this Statement is
implemented. Governments are permitted, but are not required, to include in the measurement of the subscription asset
capitalizable outlays associated with the initial implementation stage and the operation and additional implementation
stage incurred prior to the implementation of this Statement.
How the Changes in This Statement Will Improve Accounting and Financial Reporting
The requirements of this Statement will improve financial reporting by establishing a definition for SBITAs and providing
uniform guidance for accounting and financial reporting for transactions that meet that definition. That definition and
uniform guidance will result in greater consistency in practice. Establishing the capitalization criteria for implementation
costs also will reduce diversity and improve comparability in financial reporting by governments. This Statement also will
enhance the relevance and reliability of a government's financial statements by requiring a government to report a
subscription asset and subscription liability for a SBITA and to disclose essential information about the arrangement. The
disclosures will allow users to understand the scale and important aspects of a government's SBITA activities and
evaluate a government's obligations and assets resulting from SBITAs.
AadoSolutions.com
11
Future Accounting Standard Changes (Continued)
The Board considered the effective dates for the requirements of this Statement in light of the COVID-19 pandemic and in
concert with Statement No. 95, Postponement of the Effective Dates of Certain Authoritative Guidance.
How the Changes in This Statement Will Improve Accounting and Financial Reporting
The requirements of this Statement will result in more consistent financial reporting of defined contribution pension plans,
defined contribution OPEB plans, and other employee benefit plans, while mitigating the costs associated with reporting
those plans. The requirements also will enhance the relevance, consistency, and comparability of (1) the information
related to Section 457 plans that meet the definition of a pension plan and the benefits provided through those plans and
(2) investment information for all Section 457 plans.
(1) Note. From GASB Pronouncements Summaries. Copyright 2021 by the Financial Accounting Foundation, 401 Merritt 7,
Norwalk, CT 06856, USA, and is reproduced with permission.
Restriction on Use
This communication is intended solely for the information and use of the City Council, management, others within the City
and the Minnesota Office of the State Auditor and is not intended to be and should not be used by anyone other than
these specified parties.
The comments and recommendation in this report are purely constructive in nature, and should be read in this context.
Our audit would not necessarily disclose all weaknesses in the system because it was based on selected tests of the
accounting records and related data.
If you have any questions or wish to discuss any of the items contained in this letter, please feel free to contact us at your
convenience. We wish to thank you for the continued opportunity to be of service, and for the courtesy and cooperation
extended to us by your staff.
Abdo
Minneapolis, Minnesota
April 7, 2022
13
Annual Financial
Report
City of Medina
Medina, Minnesota
For the year ended December 31, 2021
A
Edina Office
5201 Eden Avenue, Ste 250
Edina, MN 55436
952.835.9090
952.835.3261
Mankato Office
100 Warren Street, Ste 600
Mankato, MN 56001
507.625.2727
507.388.9139
THIS PAGE IS LEFT
BLANK INTENTIONALLY
City of Medina, Minnesota
Annual Financial Report
Table of Contents
For the Year Ended December 31, 2021
Introductory Section
Elected and Appointed Officials 9
Page Ng.
Financial Section
Independent Auditor's Report
Management's Discussion and Analysis
13
17
Basic Financial Statements
Government -wide Financial Statements
Statement of Net Position 29
Statement of Activities 30
Fund Financial Statements
Governmental Funds
Balance Sheet 34
Reconciliation of the Balance Sheet to the Statement of Net Position 37
Statement of Revenues, Expenditures and Changes in Fund Balances 38
Reconciliation of the Statement of Revenues, Expenditures and
Changes in Fund Balances to the Statement of Activities 40
General Fund
Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 41
Proprietary Funds
Statement of Net Position 42
Statement of Revenues, Expenses and Changes in Net Position 45
Statement of Cash Flows 46
Notes to the Financial Statements 49
Required Supplementary Information
Schedule of Employer's Share of Public Employees Retirement Association Net Pension Liability -
General Employees Retirement Fund 80
Schedule of Employer's Public Employees Retirement Association Contributions -
General Employees Retirement Fund 80
Notes to the Required Supplementary Information - General Employees Retirement Fund 81
Schedule of Employer's Share of Public Employees Retirement Association Net Pension Liability -
Public Employees Police and Fire Fund 83
Schedule of Employer's Public Employees Retirement Association Contributions -
Public Employees Police and Fire Fund 83
Notes to the Required Supplementary Information - Public Employees Police and Fire Fund 84
3
THIS PAGE IS LEFT
BLANK INTENTIONALLY
4
City of Medina, Minnesota
Annual Financial Report
Table of Contents (Continued)
For the Year Ended December 31, 2021
Combining and Individual Fund Financial Statements and Schedules
Page No.
Nonmajor Governmental Funds
Combining Balance Sheet 88
Combining Statement of Revenues, Expenditures and Changes in Fund Balances 89
Nonmajor Special Revenue Funds
Combining Balance Sheet 90
Combining Statement of Revenues, Expenditures and Changes in Fund Balances 92
Nonmajor Capital Projects Funds
Combining Balance Sheet 94
Combining Statement of Revenues, Expenditures and Changes in Fund Balances 96
General Fund
Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 98
Debt Service Funds
Combining Balance Sheet 102
Combining Schedule of Revenues, Expenditures and Changes in Fund Balances 104
Summary Financial Report
Revenues and Expenditures for General Operations - Governmental Funds 106
Other Required Report
Independent Auditor's Report
on Minnesota Legal Compliance
5
109
THIS PAGE IS LEFT
BLANK INTENTIONALLY
6
INTRODUCTORY SECTION
CITY OF MEDINA
MEDINA, MINNESOTA
FOR THE YEAR ENDED
DECEMBER 31, 2021
7
THIS PAGE IS LEFT
BLANK INTENTIONALLY
8
City of Medina, Minnesota
Elected and Appointed Officials
For the Year Ended December 31, 2021
ELECTED
Name Title Term Expires
Kathleen Martin Mayor 12/31/22
Dino DesLauriers Council Member 12/31/22
Robin Reid Council Member 12/31/24
Joseph Cavanaugh Council Member 12/31/24
Todd Albers Council Member 12/31/22
APPOINTED
Name Title
Scott Johnson
Erin Barnhart
City Administrator
Finance Director
9
THIS PAGE IS LEFT
BLANK INTENTIONALLY
10
FINANCIAL SECTION
CITY OF MEDINA
MEDINA, MINNESOTA
FOR THE YEAR ENDED
DECEMBER 31, 2021
11
THIS PAGE IS LEFT
BLANK INTENTIONALLY
12
Aba4o
INDEPENDENT AUDITOR'S REPORT
Honorable Mayor and City Council
City of Medina, Minnesota
Report on the Financial Statements
Opinions
AbdoSoJutions.com
We have audited the accompanying financial statements of governmental activities, the business -type activities, each
major fund, and the aggregate remaining fund information of the City of Medina, Minnesota (the City), as of and for the
year ended December 31, 2021, and the related notes to the financial statements, which collectively comprise the City's
basic financial statements as listed in the table of contents.
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial
position of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund
information of the City as of December 31, 2021, and the respective changes in financial position and, where applicable,
cash flows thereof and the respective budgetary comparison for the General fund for the year then ended in conformity
with accounting principles generally accepted in the United States of America.
Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of America
(GAAS). Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of
the Financial Statements section of our report. We are required to be independent of the City's and to meet our other
ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit
evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.
Management's Responsibility for the Financial Statements
Management is responsible for the preparation and fair presentation of these financial statements in accordance with
accounting principles generally accepted in the United States of America; this includes the design, implementation, and
maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from
material misstatement, whether due to fraud or error.
In preparing the financial statements, management is required to evaluate whether there are conditions or events,
considered in the aggregate, that raise substantial doubt about the City's ability to continue as a going concern for twelve
months beyond the financial statement date, including any currently known information that may raise substantial doubt
shortly thereafter.
Mal:ring the path forward
13
Auditor's Responsibilities for the Audit of the Financial Statements
Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from
material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinions.
Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an
audit conducted in accordance with GAAS will always detect a material misstatement when it exists. The risk of not
detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve
collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are
considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the
judgment made by a reasonable user based on the financial statements.
In performing an audit in accordance with GAAS, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit.
• Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error,
and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test
basis, evidence regarding the amounts and disclosures in the financial statements.
• Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are
appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's
internal control. Accordingly, no such opinion is expressed.
• Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting
estimates made by management, as well as evaluate the overall presentation of the financial statements.
• Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise
substantial doubt about the City's ability to continue as a going concern for a reasonable period of time.
We are required to communicate with those charged with governance regarding, among other matters, the planned scope
and timing of the audit, significant audit findings, and certain internal control -related matters that we identified during the
audit.
Other Matters
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the Management's Discussion and
Analysis starting on page 17 and the schedule of Employer's Share of the Net Pension Liability, the schedule of
Employer's Contributions, and the Notes to the Required Supplementary Information to be presented to supplement the
basic financial statements. Such information, although not a part of the basic financial statements, is required by the
Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the
basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited
procedures to the required supplementary information in accordance with auditing standards generally accepted in the
United States of America, which consisted of inquiries of management about the methods of preparing the information
and comparing the information for consistency with management's responses to our inquiries, the basic financial
statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an
opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient
evidence to express an opinion or provide any assurance.
14
Other information
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the
City's basic financial statements. The introductory section, combining and individual fund financial statements and
schedules are presented for purposes of additional analysis and are not a required part of the basic financial statements.
The combining and individual fund financial statements and schedules are the responsibility of management and were
derived from and relate directly to the underlying accounting and other records used to prepare the basic financial
statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial
statements and certain additional procedures, including comparing and reconciling such information directly to the
underlying accounting and other records used to prepare the basic financial statements or to the basic financial
statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the
United States of America. In our opinion, the combining and individual fund financial statements and schedules are fairly
stated, in all material respects, in relation to the basic financial statements as a whole.
The introductory section has not been subjected to the auditing procedures applied in the audit of the basic financial
statements, and accordingly, we do not express an opinion or provide any assurance on them.
Other Reporting Required by Government Auditing Standards
In accordance with Government Auditing Standards, we have also issued our report dated April 7, 2022 on our
consideration of the City's internal control over financial reporting and on our tests of its compliance with certain
provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to
describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing,
and not to provide an opinion on the effectiveness of the City's internal control over financial reporting or on compliance.
That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the
City's internal control over financial reporting and compliance.
Abdo
Minneapolis, Minnesota
April 7, 2022
AbioSolutions.com
15
THIS PAGE IS LEFT
BLANK INTENTIONALLY
16
Management's Discussion and Analysis
As management of the City of Medina, Minnesota (the City), we offer readers of the City's financial statements this
narrative overview and analysis of the financial activities of the City for the fiscal year ended December 31, 2021.
Financial Highlights
• The assets and deferred outflows of resources of the City exceeded its liabilities and deferred inflows of
resources at the close of the most recent fiscal year by $52,379,782 (net position). Of this amount, $17,385,821
(unrestricted net position) may be used to meet the City's ongoing obligations to citizens and creditors.
• The total net position of governmental activities increased by $3,599,112 and total net position of the business -
type activities increased by $785,310. This resulted in an increase to total net position of $4,384,422 for the City.
This is largely due to continued development and growth. The increase can also be attributed to an increase in
capital grants and contributions of $2,316,627 in governmental activities.
• As of the close of the current fiscal year, the City's governmental funds reported combined ending fund balances
of $15,470,167, a decrease of $2,538,616 in comparison with the prior year. The decrease can mainly be
attributed to refunding debt payments made during the year.
• At the end of the current fiscal year, unassigned fund balance for the General fund was $3,696,876, or 69.3
percent of total General fund expenditures and transfers out.
• The City's total debt decreased $5,792,069, or 40.7 percent during the current fiscal year. The main reason for the
decrease was the refunded payment made on the 2020A bonds in the amount of $5,720,000 during the year.
17
Overview of the Financial Statements
This discussion and analysis is intended to serve as an introduction to the City's basic financial statements. The City's
basic financial statements comprise of three components: 1) government -wide financial statements, 2) fund financial
statements, and 3) notes to the financial statements. This report also contains other supplemental information in addition
to the basic financial statements themselves.
The financial statements also include notes that explain some of the information in the financial statements and provide
more detailed data. The statements are followed by a section of combining and individual fund financial statements and
schedules that further explains and supports the information in the financial statements. Figure 1 shows how the required
parts of this annual report are arranged and relate to one another. In addition to these required elements, we have
included a section with combining and individual fund financial statements and schedules that provide details about
nonmajor governmental funds, which are added together and presented in single columns in the basic financial
statements.
Figure 1
Required Components of the
City's Annual Financial Report
•
•
•
Managements
Discussion and
Analysis
Government -
wide Financial
Statements
Basic
Financial
Statements
Required
Supplementary
Information
•
•
•
Fund
Financial
Statements
Summary -
18
Notes to the
Financial
Statements
Detail
Figure 2 summarizes the major features of the City's financial statements, including the portion of the City government
they cover and the types of information they contain. The remainder of this overview section of management's discussion
and analysis explains the structure and contents of each of the statements.
Figure 2
Major Features of the Government -wide and Fund Financial Statements
Scope
Required financial
statements
Accounting basis
and measurement
focus
Type of
asset/liability
information
Government -wide
Statements
Entire City government
(except fiduciary
funds)
• Statement of Net
Position
• Statement of
Activities
Accrual accounting
and economic
resources focus
Fund Financial Statements
Governmental Funds
The activities of the City that
Proprietary Funds
Activities of the City that
are not proprietary or fiduciary, operates similar to private
such as police, fire and parks businesses, such as the
water and sewer systems
• Balance Sheet • Statements of Net
• Statement of Revenues, Position
Expenditures, and Changes • Statements of
in Fund Balances Revenues, Expenses
and Changes in Fund
Net Position
• Statements of Cash
Flows
Modified accrual accounting
and current financial
resources focus
Accrual accounting and
economic resources
focus
Type of deferred
outflows/inflows
of resources
information
All assets and
liabilities, both
financial and capital,
as well as short-term
and long-term
All deferred
outflows/inflows of
resources, regardless
of when cash is
received or paid
Type of
inflow/outflow
information
All revenues and
expenses during the
year, regardless of
when cash is received
or paid
Only assets expected to be
used up and liabilities that
come due during the year or
soon thereafter; no capital
assets included
Only deferred outflows of
resources expected to be used
up and deferred inflows of
resources that come due
during the year or soon
thereafter; no capital assets
included
Revenues for which cash is
All assets and liabilities,
both financial and capital,
as well as short-term and
long-term
All deferred
outflows/inflows of
resources, regardless of
when cash is received or
paid
received during or soon after
the end of the year;
expenditures when goods or
services have been received
and payment is due during the
year or soon thereafter
All revenues and
expenses during the year,
regardless of when cash
is received or paid
Government -wide Financial Statements. The government -wide financial statements are designed to provide readers with
a broad overview of the City's finances, in a manner similar to a private -sector business.
The statement of net position presents information on all of the City's assets and deferred outflows of resources and
liabilities and deferred inflows of resources, with the difference reported as net position. Over time, increases or
decreases in net position may serve as a useful indicator of whether the financial position of the City is improving or
deteriorating.
The statement of activities presents information showing how the City's net position changed during the most recent
fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs,
regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items
that will only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but unused vacation leave).
19
Both of the government -wide financial statements distinguish functions of the City that are principally supported by taxes
and intergovernmental revenue (governmental activities) from other functions that are intended to recover all or a
significant portion of their costs through user fees and charges (business -type activities). The governmental activities of
the City include general government, public safety, streets and highways, sanitation and recycling, culture and recreation,
economic development, miscellaneous and interest on long-term debt. The business -type activities of the City include
water, sanitary sewer, and storm water.
The government -wide financial statements start on page 29 of this report.
Fund Financial Statements. A fund is a grouping of related accounts that is used to maintain control over resources that
have been segregated for specific activities or objectives. The City, like other state and local governments, uses fund
accounting to ensure and demonstrate compliance with finance -related legal requirements. All of the funds of the City can
be divided into two categories: governmental funds and proprietary funds.
Governmental Funds. Governmental funds are used to account for essentially the same functions reported as
governmental activities in the government -wide financial statements. However, unlike the government -wide financial
statements, governmental fund financial statements focus on near -term inflows and outflows of spendable resources, as
well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in
evaluating a government's near -term financing requirements.
Because the focus of governmental funds is narrower than that of the government -wide financial statements, it is useful
to compare the information presented for governmental funds with similar information presented for governmental
activities in the government -wide financial statements. By doing so, readers may better understand the long-term impact
by the government's near -term financing decisions. Both the governmental fund balance sheet and the governmental fund
statement of revenues, expenditures and changes in fund balances provide a reconciliation to facilitate this comparison
between governmental funds and governmental activities.
The City maintains numerous individual governmental funds, seven of which are Debt Service funds. Information is
presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues,
expenditures and changes in fund balances for the General fund, Debt Service fund, and the Sewer Capital Improvements
fund, all of which are considered to be major funds. Data from the other governmental funds are combined into a single,
aggregated presentation. Individual fund data for each of these nonmajor governmental funds is provided in the form of
combining statements or schedules elsewhere in this report.
The City adopts an annual appropriated budget for its General fund. A budgetary comparison statement has been
provided for the General fund to demonstrate compliance with this budget.
The basic governmental fund financial statements start on page 34 of this report.
Proprietary Funds. The City maintains one type of proprietary fund. Enterprise funds are used to report the same functions
presented as business -type activities in the government -wide financial statements. The City uses enterprise funds to
account for its water, sanitary sewer and storm sewer.
Proprietary funds provide the same type of information as the government -wide financial statements, only in more detail.
The proprietary fund financial statements provide separate information for each of the three enterprise funds, all of which
are considered to be major funds of the City.
The basic proprietary fund financial statements start on page 40 this report.
20
Notes to the Financial Statements. The notes provide additional information that is essential to a full understanding of
the data provided in the government -wide and fund financial statements. The notes to the financial statements start on
page 47 of this report.
Other Information. The combining statements referred to earlier in connection with nonmajor governmental funds are
presented following the notes to the financial statements. Combining and individual fund statements and schedules start
on page 86 of this report.
In addition to the basic financial statements and accompanying notes, this report also presents certain required
supplementary information concerning the City's progress in funding its obligation to provide pension and other post -
employment benefits to its employees. Required supplementary information can be found starting on page 78 of this
report.
Government -wide Financial Analysis
As noted earlier, net position may serve over time as a useful indicator of a government's financial position. In the case of
the City, assets and deferred outflows of resources exceeded liabilities and deferred inflows of resources by $52,379,782
at the close of the most recent fiscal year.
By far, the largest portion of the City's net position (59.0 percent) reflects its investment in capital assets (e.g., land,
buildings, machinery and equipment), less any related debt used to acquire those assets that is still outstanding. The City
uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending.
Although the City's investment in its capital assets is reported net of related debt, it should be noted that the resources
needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to
liquidate these liabilities.
City of Medina's Summary of Net Position
Governmental Activities Business -type Activities
Increase Increase
Assets 2021 2020 _ (Decrease) _ 2021 2020 (Decrease)
Current and other assets $ 20,582,493 $ 21,639,065 $ (1,056,572) $ 6,986,478 $ 5,967,814 $ 1,018,664
Capital assets _ 26,328,594 26,066,760 _ 261,834 13,029,998 13,491,961 (461,963)
Total Assets 46,911,087 _47,705,825 (794,738) 20,016,476 19,459,775 556,701
Deferred Outflows of Resources 1,562,161 728,871 833,290 103,995 17,445 86,550
Liabilities
Noncurrent liabilities 9,570,978 15,976,090 (6,405,112) 630,562 889,054 (258,492)
Other liabilities 3,674,416 2,023,020 1,651,3.96 50,774 64,127
Total Liabilities 13,245,394 17,999,110 (4,753,716L— 6 ( ,845)
681,336 953,181 (27171,845)
Deferred Inflows of Resources 2,144,605 951,449 1,193,156 142,602 12,816 129,786
Net Position
Net investment in
capital assets 18,302,925 12,450,810 5,852,115 12,618,209 12,878,384
Restricted 4,072 827 8 772,788 (260,175)
Unrestricted (4,699,961) _
_ 10,707,497 8,260,539 2,446,958 6,678,324 5,632,839 1,045,485
Total Net Position $ 33,083,249 $ 29,484,137 $ 3,599,112 $ 19,296,533 $ 18,511.223 $ 785,310
An additional portion of the City's net position (7.8 percent) represents resources that are subject to external restrictions
on how they may be used. The remaining balance of unrestricted net position $17,385,821 may be used to meet the City's
ongoing obligations to citizens and creditors.
At the end of the current fiscal year, the City is able to report positive balances in all three categories of net position, both
for the City as a whole, as well as for its separate governmental and business -type activities. The same situation held true
for the prior fiscal year.
21
Governmental Activities. Governmental activities increased the City's net position by $3,599,112. Key elements of this
increase are as follows:
City of Medina's Changes in Net Position
Governmental Activities Business -type Activities
Increase Increase
2021 2020 (Decrease) 2021 2020 (Decrease)
Revenues
Program Revenues
Charges for services S 1,129,190 $ 1,071,894 $ 57,296 $ 2,728,492 $ 2,504,173 $ 224,319
Operating grants and contributions 445,255 831,400 (386,145) 372 68,591 (68,219)
Capital grants and contributions 3,044,987 728,360 2,316,627 133,546 376,227 (242,681)
General Revenues
Property taxes 4,609,430 4,406,347 203,083
Tax increments 548,846 523,716 25,130
Franchise taxes 58,899 60,506 (1,607)
Grants and contributions not
restricted to specific programs 19,677 34,571 (14,894) -
Unrestricted investment earnings (156,489) 320,427 (476,916) (61,430) 113,828 (175,258)
Gain on sale of capital assets 5,294 111,439 (106,145) -
Total Revenues 9,705,089 8,088,660 _ 1,616,429 2,800,980 3,062,819 (261,839)
Expenses
General government 1,097,576 1,298,834 (201,258)
Public safety 2,671,418 2,973,551 (302,133)
Streets and highways 1,670,888 2,076,050 (405,162)
Sanitation and recycling 13,850 13,470 380
Culture and recreation 470,299 17,837 452,462
Economic development 241,534 226,789 14,745
Interest on long-term debt 47,199 272,200 (225,001)
Water - - 972,501 834,465 138,036
Sewer 732,609 657,385 75,224
Storm water _ 203,773 203,674 99
Total Expenses 6,212,764 6,878731 _ (665,967) 1,908,883 1,695,524 213,359
Change in Net Position Before Transfers 3,492,325 1,209,929 2,282,396 892,097 1,367,295 (475,198)
Transfers Capital Assets 110,098(3,311) (715,724)
715,724
Transfers (39,978) 150,076 (110,098) 39,978 (150,076)
-
Change in Net Position 3,599,112 454,227 3,144,885 785,310 2,122,997 (1,337,687)
Net Position, January 1 29,484,137 29,029,910 _ 454,227 18,511,223 16,388,226 2,122,997
Net Position, December 31 $ 33„083,249_ $ 29,484,137 $ 3,599,112 $ 19,296,533 $ 18,511,223 $ 785,310
Capital grants increased $2,316,627 mainly due grants received for road maintenance and receipt of special
assessments. Operating grants and contributions decreased $386,145 mainly due to CARES funding received during the
prior audit year. Property taxes represent 47.5 percent of total revenues in 2021 in governmental activities.
22
53.8%
The following graph depicts various governmental activities and shows the revenue and expenses directly related to those
activities.
Expenses and Program Revenue - Governmental Activities
$3,000,000
$2,700,000
$2,400,000
$2,100,000
$1,800,000
$1,500,000
$1,200,000
$900,000
$600,000
$300,000
$- "-
i
t
et��en �b\�°Sake� �+;����a� Rec`1 ctea�,on �oPcent Ve`ok
Gereta Q S�ee�Srd �ia�to�a�a Jtea�a� Je o'�e�
San G��t' Eco,o0
\�ketey,�ot`
Expenses Revenues
Revenue by Source - Governmental Activities
Grants and
Contributions Not
Taxes Restricted to
Specific Programs
Capital Grants and
Contributions
31.4%
23
0.2%
Unrestricted
Investment Earnings
-1.6%
Gain on Sale of
Capital Assets
0.1%
Charges for
Services
11.5%
Operating Grants
and Contributions
4.6%
Business -type Activities. Business -type activities increased the City's net position by $785,310. The increase from prior
year is mainly due charges for services in excess of expenditures during the current year.
The following graph depicts various business -type activities and shows the revenue and expenses directly related to those
activities.
Expenses and Program - Revenue Business -type Activities Graph
$1,700,000
$1,600,000
$1,500,000
$1,400,000
$1,300,000
$1,200,000
$1,100,000
$1,000,000
$900,000
$800,000
$700,000
$600,000
$500,000
$400,000
$300,000
$200,000
$100,000
$-
Water
Grants and
Contributions
4.8%
Sewer
t. Expenses Revenues
Revenue by Source - Business -type Activities
Unrestricted
Investment
Earnings
-2.2%
Charges for
Services
97.4%
24
Storm Water
Financial Analysis of the Government's Funds
As noted earlier, the City uses fund accounting to ensure and demonstrate compliance with finance -related legal
requirements.
Governmental Funds. The focus of the City's governmental funds is to provide information on near -term inflows, outflows
and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In
particular, unassigned fund balance may serve as a useful measure of a government's net resources available for
spending at the end of the fiscal year.
Major Funds
General
The fund balance of the General fund increased by $380,531 as a result positive budget variance of $535,866 in 410,999
Debt Service
The Debt Service fund balance increased $4,554,792 mainly due to the issuance of refunding bonds during the current 216)
year of $5,720,000. The payoff date of the refunded bonds is February 1, 2021.
Sewer Capital Improvements
$ 3,282,853 $ 3,235,754 $ 47,099
The Sewer Capital Improvement fund balance increased $113,093 mainly due to an increase in interest revenue from
investments and special assessment revenue received in the current year.
Road Improvements
The Road Improvement fund balance increased by $29,026 mainly due to the transfer of money f0
om the General fund to
prevent a cash shortage.
Fund Balance December 31, Increase
2021 — 2020 _ (Decrease)
Proprietary Funds. The City's proprietary funds provide the same type of information found in the government -wide
financial statements, but in more detail.
Unrestricted net position of the enterprise funds at the end of the year amounted to $6,678,324. The total increase in net
position for the funds was $785,310. Other factors concerning the finances of this fund have already been addressed in
the discussion of the City's business -type activities.
General Fund Budgetary Highlights
The City's General fund budget was not amended during the year and the budget called for no change in fund balance.
Revenues exceeded the budget by $614,529, primarily intergovernmental and licenses and permits exceeding the budget
by $411,862 and $241,824, respectively. Expenditures were under budget by $72,736 during the year. The budget variance
can be attributed mainly to economic development not having any actual expenditures.
Capital Asset and Debt Administration
Capital Assets. The City's investment in capital assets for its governmental and business type activities as of
December 31, 2021, amounts to $30,921,134 (net of accumulated depreciation). This investment in capital assets
includes land, structures, improvements, machinery and equipment, park facilities, and roads.
Major capital asset events during the current fiscal year included the following:
• Chippewa East Improvements
• Arrowhead Rail Trail Crossing
• Paul Fortin Ball Field improvements
• Water Treatment Expansion
• Police Vehicles, Police Body Cameras, Bobcat
25
Additional information on the City's capital assets can be found in Note 3B starting on page 59 of this report.
City of Medina's Capital Assets
(Net of Depreciation)
Governmental Activities _ Business -t pe Activities
Increase Increase
Decrease 2021 2020 (Decrease)
Land
Infrastructure
Buildings
Improvements
Machinery and Equipment
Construction in Progress
Total
2021
2020
$ 813,779 $ 813,779
12,797,994 13,901,216
7,012,791 6,829,439
3,079,405 1,872,475
1,176,598 1,287,397
1,448,027 1,362,454
S -
(1,103,222)
183,352
1,206,930
(110,799)
85,573
$ 138,393 $ 138,393 $
6,608,299 6,380,413
4,410,644 4,586,096
1,039,205 1,112,372
815,639 883,302
17,818 391,385
$ 26,328,594 $ 26,066,760 S 261,834 $ 13,029,998
227,886
(175,452)
(73,167)
(67,663)
(373,567)
$ 13,491,961 $ (461,963)
Long-term Debt. At the end of the current fiscal year, the City had total bonded debt outstanding of $8,140,000.
City of Medina's Outstanding Debt
General Obligation
Improvement Bonds
General Obligation Revenue Bonds
Unamortized Premium on Bonds
Total
$ 8.025.669 $ 13,615,950 $ (5,590,281) J 411,789 $ 613,577 ,$ (201,788)
ng
The City's total ondet decreased $5,792,069 (40.7 the 2020A bonds in the amount eof $5,720,000. Additional information on the City's long-terrcent) during the current fiscal year mainly due the m debt can
payment made can
be found in Note 3D starting on page 62 of this report.
Economic Factors and Next Year's Budgets and Rates
• The unemployment rate for Hennepin County is currently 2.8 percent (Feb 2022). This compares to the State of
Minnesota's average unemployment rate of 2.7 percent and the national average rate of 3.8 percent.
• Property valuations increased 6.9 percent within the City from 2021 to 2022.
The City's total property tax levy will increase in 2022 by 7.7 percent. The General fund levy increase amounts to 11.1%
and the debt service levies decreasing a total of 6.5%. The City's tax capacity rate will decrease to 22.429% for 2022.
A flat water rate (zero increase) was approved for the three individual water systems for 2022. Sanitary sewer a 0%
increase and storm water utility rates also increased 3%.
All of these factors were considered in preparing the City's budget for the 2022 fiscal year.
Requests for Information
This financial report is designed to provide a general overview of the City's finances for all those with an interest in the
rovided in
his report or requests for additional financial
to finances. Quebe addressed to the Finance Director,ons concerning any of the
y of Medina, 2052 County Road 24, Medina, MN 55340 9790.
information should
Governmental Activities Business -type Activities
Increase Increase
2021 2020 (Decrease) 2021 2020 (Decrease
$ 7,735,000 $ 13,245,000 $ (5,510,000) $ - $ - $
405,000 600,000 (195,000)
290,669 370,950 80,281) - 6,789 _ 13,577 (6,788)
26
GOVERNMENT -WIDE FINANCIAL STATEMENTS
CITY OF MEDINA
MEDINA, MINNESOTA
FOR THE YEAR ENDED
DECEMBER 31, 2021
27
THIS PAGE IS LEFT
BLANK INTENTIONALLY
28
City of Medina, Minnesota
Statement of Net Position
December 31, 2021
Assets
Cash and temporary investments
Receivables
Accounts
Taxes
Special assessments
Due from other governments
Prepaid items
Capital assets
Nondepreciable
Depreciable, net of accumulated depreciation
Total Assets
Deferred Outflows of Resources
Deferred pension resources
Liabilities
Accounts payable
Due to other governments
Salaries payable
Accrued interest payable
Deposits payable
Unearned revenue
Noncurrent liabilities
Due within one year
Long-term debt
Due in more than one year
Long-term debt
Net pension liability
Total Liabilities
Deferred Inflows of Resources
Deferred pension resources
Net Position
Net investment in capital assets
Restricted for
Debt service
Park improvements
Police expenditures
Unrestricted
Governmental
Activities
Business -type
Activities Total
$ 18,729,865 $ 6,762,948 $ 25,492,813
259,516
114,471
804,464
594,364
79,813
2,261,806
24,066,788
46,911,087
1,562,161
551,609
34,385
59,326
28,167
2,377,842
623,087
852,200
7,541,510
1,177,268
13,245,394
2,144,605
18,302,925
2,687,721
1,169,706
215,400
10,707,497
144,619
40,030
5,183
33,698
404,135
114,471
844,494
599,547
113,511
156,211 2,418,017
12,873,787 36,940,575
20,016,476 66,927,563
103,995 1,666,156
35,524
3,279
9,018
2,953
587,133
37,664
68,344
31,120
2,377,842
623,087
219,544 1,071,744
259,511 7,801,021
151,507 1,328,775
681,336 13,926,730
142,602 2,287,207
12,618,209 30,921,134
2,687,721
1,169,706
215,400
6,678,324 17,385,821
Total Net Position $ 33,083,249 $ 19,296,533 $ 52,379,782
29
City of Medina, Minnesota
Statement of Activities
For the Year Ended December 31, 2021
Functions/Programs
Governmental Activities
General government
Public safety
Streets and highways
Sanitation and recycling
Culture and recreation
Economic development
Interest on long-term debt
Total Governmental Activities
Business -type Activities
Water
Sewer
Storm water
Total Business -type Activities
Total
Expenses
$ 1,097,576
2,671,418
1,670,888
13,850
470,299
241,534
47,199
6,212,764
972,501
732,609
203,773
Charges for
Services
$ 49,231
944,812
13,905
64,232
57,010
1,129,190
Program Revenues
Operating Grants
and
Contributions
1,512,344
932,562
283,586
235,850
98,900
24,077
86,428
Capital Grants
and
Contributions
$ 405,020
2,415,000
224,967
445,255 3,044,987
158
146
68
1,908,883 2,728,492 372
17,467
116,079
133,546
$ 8,121,647 $ 3,857,682 $ 445,627 $ 3,178 533
General Revenues
Taxes
Property taxes, levied for general purposes
Property taxes, levied for debt service
Tax increments
Franchise taxes
Grants and contributions not restricted to specific programs
Unrestricted investment earnings
Gain on sale of capital assets
Transfers - Capital Assets
Transfers
Total General Revenues and Transfers
Change in Net Position
Net Position - January 1
Net Position, December 31
30
Net (Expenses) Revenues and
Changes in Net Position
Governmental Business -type
Activities Activities Total
$ (643,325) $ $ (643,325)
(1,490,756) - (1,490,756)
856,917 856,917
10,227 10,227
(94,672) (94,672)
(184,524) (184,524)
(47,199) _ (47,199)
(1,593,332) (1,593,332)
557,468 557,468
200,099 200,099
195,960 195,960
953,527 953,527
(1,593,332) 953,527 (639,805)
4,144,754 4,144,754
464,676 464,676
548,846 548,846
58,899 58,899
19,677 19,677
(156,489) (61,430) (217,919)
5,294 5,294
(3,311) 3,311
110,098 (110,098)
5,192,444 (168,217) 5,024,227
3,599,112 785,310 4,384,422
29,484,137 18,511,223 47,995,360
$ 33,083,249 $ 19,296,533 $ 52,379,782
31
FUND FINANCIAL STATEMENTS
CITY OF MEDINA
MEDINA, MINNESOTA
FOR THE YEAR ENDED
DECEMBER 31, 2021
32
THIS PAGE IS LEFT
BLANK INTENTIONALLY
33
City of Medina, Minnesota
Balance Sheet
Governmental Funds
December 31, 2021
Assets
Cash and temporary investments
Receivables
Accounts
Taxes
Special assessments
Due from other governments
Prepaid items
Total Assets
Liabilities
Accounts payable
Due to other governments
Salaries payable
Deposits payable
Unearned revenue
Total Liabilities
Deferred Inflows of Resources
Unavailable revenue - taxes
Unavailable revenue - assessments
Unavailable revenue - intergovernmental
Total Deferred Inflows of Resources
Fund Balances
Nonspendable
Restricted
Committed
Assigned
Unassigned
Total Fund Balances
101
General
Debt
Service
403
Sewer Capital
Improvements
$ 6,935,893 $ 2,233,956 $ 3,282,854
8,471
99,190
43,482
34,710
63,855
12,915
462,667
6,350
4,013
$ 7,185,601 $ 2,715,888 $ 3,286,867
$ 283,191
32,500
59,326
2377,842
372,139
3,124,998
99,190
43,482
142,672
12,915
462,667
475,582
63,855
2,240,306
157,200
3,696,876
3,917,931 2,240,306 3,282,853
4,014
4,014
3,282,853
Total Liabilities, Deferred Inflows
of Resources and Fund Balances $ 7,185,601 $ 2,715,888 $ 3,286,867
34
420 Other Total
Road Governmental Governmental
Improvement Funds Funds
$ 482,216 $ 5,794,946 $ 18,729,865
190,858 56,174 259,516
2,366 114,471
298,315 804,464
547,929 5,375 594,364
15,958 79,813
$ 1,521,684 $ 5,872,453 $ 20,582,493
$ 142,872 $ 125,546 $ 551,609
1,885 34,385
59,326
2,377,842
190,761 _ 56,173 623,087
333,633 183,604 3,646,249
2,366 114,471
298,315 804,464
547,142 547,142
847,823 1,466,077
15,958 79,813
1,385,106 3,625,412
1,642,970 1,642,970
340,228 2,675,213 6,455,494
(30,398) 3,666,478
340,228 5,688,849 15,470,167
1,521,684 $_ 5,872,453 $ 20,582,493
35
THIS PAGE IS LEFT
BLANK INTENTIONALLY
36
City of Medina, Minnesota
Reconciliation of the Balance Sheet
to the Statement of Net Position
Governmental Funds
December 31, 2021
Amounts reported for governmental activities in the statement of net position are different because
Total Fund Balances - Governmental Funds $ 15,470,167
Capital assets used in governmental activities are not financial
resources and therefore are not reported as assets in governmental funds.
Cost of capital assets 39,750,858
Less accumulated depreciation (13,422,264)
Long-term liabilities, including bonds payable, are not due and payable in the
current period and therefore are not reported as liabilities in the funds.
Long-term liabilities at year-end consist of
Bonds payable (7,735,000)
Plus premium on bonds (290,669)
Compensated absences payable (368,041)
Net pension liability (1,177,268)
Some receivables are not available soon enough to pay for the current period's expenditures,
and therefore are unavailable in the funds.
Intergovernmental receivable 547,142
Taxes receivable 114,471
Special assessments receivable 804,464
Governmental funds do not report long-term amounts related to pensions
and other postemployment benefits.
Deferred outflows of pension resources
Deferred inflows of pension resources
1,562,161
(2,144,605)
Governmental funds do not report a liability for accrued interest until due and payable. (28,167)
Total Net Position - Governmental Activities 33,083,249
37
City of Medina, Minnesota
Statement of Revenues, Expenditures and Changes in Fund Balances
Governmental Funds
For the Year Ended December 31, 2021
101
General
403
Debt Sewer Capital
Service Improvements
Revenues
Taxes $ 3,724,608 $ 464,676 $
Licenses and permits 525,793
Intergovernmental 700,635 -
Charges for services 399,694 77,113
Fines and forfeitures 63,904 -
Special assessments 32 983,012
Interest on investments (58,954) (9,129) (30,014)
Miscellaneous 113,788
Total Revenues 5,469,500 1,438,559 47,099
Expenditures
Current
General government 1,150,047
Public safety 2,769,002
Streets and highways 665,432
Sanitation and recycling 14,601
Culture and recreation 227,828
Capital outlay
General government
Public safety
Streets and highways
Culture and recreation
Economic development
Debt service
Principal 630,000
Interest and other charges _ 176,804
Total Expenditures 4,826,910 806,804
Excess (Deficiency) of Revenues
Over (Under) Expenditures 642,590 631,755 47,099
Other Financing Sources (Uses)
Proceeds from sale of capital assets -
Transfers in 272,409 355,020
Payment of refunded bonds (4,880,000)
Transfers out (504,000) (10,991)
Total Other Financing Sources (Uses) (231,591) (4,535,971)
Net Change in Fund Balances 410,999 (3,904,216) 47,099
Fund Balances, January 1 3,506,932 6,144,522 3,235,754
Fund Balances, December 31 $ 3,917,931 $ 2,240,306 $ 3,282,853
38
420 Other Total
Road Governmental Governmental
Improvement Funds Funds
122 $ 1,028,809 $ 5,218,215
525,793
743,991 148,490 1,593,116
731,897 1,208,704
28,787 92,691
80,961 1,064,005
(9,355) (49,037) (156,489)
95,381 149,738 358,907
911,100 2,038,684 9,904,942
1,150,047
1,698 2,770,700
665,432
14,601
74,303 302,131
8,117 8,117
301,401 301,401
982,074 8,814 990,888
452,349 452,349
230,126 230,126
982,074
1,076,808
630,000
176,804
7,692,596
(70,974) 961,876 2,212,346
18,940 18,940
110,991 404,000 1,142,420
(4,880,000)
(517,3312 (1,032,322)
110,991 (94,391) (4,75(,962)
40,017 867,485 (2,538,616)
300,211 4,821,364 18,008,783
5_ 340,228 $ 5,688,849 $ 15470,167
39
City of Medina, Minnesota
Reconciliation of the Statement of Revenues, Expenditures and
Changes in Fund Balances to the Statement of Activities
Governmental Funds
For the Year Ended December 31, 2021
Amounts reported for governmental activities in the statement of activities are different because
Total Net Change in Fund Balances - Governmental Funds $ (2,538,616)
Capital outlays are reported in governmental funds as expenditures. However, in the statement of
activities, the cost of those assets is allocated over the estimated useful lives as depreciation
expense.
Capital outlay 1,660,105
Depreciation expense (1,381,314)
The net effect of various miscellaneous transactionsinvolving capital assets is to increase (decrease)
net position.
Book value of disposed assets (70,196)
A gain or loss on the trade-in of capital assets, including the difference between carrying value and any
related sales proceeds, is included in net position. However, only the sales proceeds are included
in the change in the change in fund balance. 56,550
Capital assets constructed in capital projects funds but intended for enterprise fund use
are transferred in the government -wide financial statements. (3,311)
The issuance of long-term debt provides current financial resources to governmental funds, while
the repayment of principal of long-term debt consumes the current financial resources of governmental
funds. Neither transaction, however, has any effect on net position. Also, governmental funds report
the effect of premiums, discounts and similar items when debt is first issued,
whereas these amounts are amortized in the statement of activities.
Amortization of bond premium 80,281
Principal repayments 5,510,000
Interest on long-term debt in the statement of activities differs from the amount reported in the
governmental funds because interest is recognized as an expenditure in the funds when it is due,
and thus requires the use of current financial resources. In the statement of activities, however,
interest expense is recognized as the interest accrues, regardless of when it is due. 49,324
Certain revenues are recognized as soon as they are earned. Under the modified accrual
basis of accounting certain revenues cannot be recognized until they are available
to liquidate liabilities of the current period.
Property taxes (1,040)
Special assessments (764,778)
Intergovernmental 547,142
Some expenses reported in the statement of activities do not require the use of current
financial resources and, therefore, are not reported as expenditures in governmental funds.
Other postemployment benefits costs 102,062
Compensated absences (3,983)
Long-term pension activity is not reported in governmental funds.
Pension expense
Pension revenue
343,357
13,529
Change in Net Position - Governmental Activities $ 3,599,112
40
City of Medina, Minnesota
Statement of Revenues, Expenditures and Changes in Fund Balances -
Budget and Actual
General Fund
For the Year Ended December 31, 2021
Revenues
Taxes
Licenses and permits
Intergovernmental
Charges for services
Fines and forfeitures
Special assessments
Interest on investments
Miscellaneous
Total Revenues
Expenditures
Current
General government
Public safety
Police
Building inspection
Fire
Streets and highways
Sanitation and recycling
Culture and recreation
Economic development
Budgeted Amounts
Original Final
$ 3,806,800 $
283,969
288,773
248,554
95,000
30,000
101,875
3,806,800
283,969
288,773
248,554
95,000
30,000
101,875
4,854,971 4,854,971
1,239,626 1,239,626
1,869,089
329,479
408,130
741,356
26,539
228,417
57,010
Total Expenditures 4,899,646 4,899,646
Excess (Deficiency) of Revenues
Over (Under) Expenditures
1,869,089
329,479
408,130
741,356
26,539
228,417
57,010
Actual Variance with
Amounts_ Final Budget
$ 3,724,608
525,793
700,635
399,694
63,904
32
(58,954)
113,788
$ (82,192)
241,824
411,862
151,140
(31,096)
32
(88,954)
11,913
5,469,500 614,529
1,150,047
1,888,247
458,271
422,484
665,432
14,601
227,828
4,826,910
89,579
(19,158)
(128,792)
(14,354)
75,924
11,938
589
57,010
72,736
(44,675) _ (44,675) 642,590 687,265
Other Financing Sources (Uses)
Transfers in 227,409
Transfers out (182,734)
Total Other Financing Sources (Uses) 44,675
Net Change in Fund Balances
Fund Balances, January 1
Fund Balances, December 31
227,409 272,409
(182,734) (504,000)
44,675
45,000
(321,2661
(231,591) (276,266)
410,999
3,506,932 _ 3,506,932 3,506,932
$ 3 506,932 $ 3,506,932 $ _ 3,917,931
410,999
410,999
41
City of Medina, Minnesota
Statement of Net Position
Proprietary Funds
December 31, 2021
Business -type Activities - Enterprise funds
Nonmajor
Assets
Current Assets
Cash and temporary investments
Receivables
Accounts
Special assessments
Due from other governments
Prepaid items
Total Current Assets
Noncurrent Assets
Capital assets
Land
Infrastructure
Buildings
Improvements
Machinery and equipment
Construction in progress
Less accumulated depreciation
Total Noncurrent Assets
Total Assets
Deferred Outflows of Resources
Deferred pension resources
601
Water
602
Sewer
$ 4,013,941 $ 2,118,363
55,376
18,468
4,877
838
4,093,500
77,737
19,380
237
32,860
2,248,577
7,393 49,000
6,838,156 3,084,463
8,216,454 192,000
330,082
1,164,212 2,921,472
3,311 10,575
(7,565,298] (3,451,151)
8,994,310 2,806,359
13,087,810 5,054,936
44,201 40,731
42
603
Storm Water
Totals
$ 630,644 $ 6,762,948
11,506
2,182
69
144,619
40,030
5,183
33,698
644,401 6,986,478
82,000 138,393
398,664 10,321,283
8,408,454
1,133,263 1,463,345
44,174 4,129,858
3,932 17,818
(432,704) (11,449,153
1,229,329 13,029,998
1,873,730 20,016,476
19,063 103,995
City of Medina, Minnesota
Statement of Net Position (Continued)
Proprietary Funds
December 31, 2021
Business -type Activities - Enterprise funds
Nonmajor
Liabilities
Current Liabilities
Accounts payable
Accrued interest payable
Salaries payable
Due to other governments
Compensated absences payable - current
Bonds payable - current
Total Current Liabilities
Noncurrent Liabilities
Compensated absences payable
Net pension liability
Bonds payable
Total Noncurrent Liabilities
Total Liabilities
Deferred Inflows of Resources
Deferred pension resources
Net Position
Net investment in capital assets
Unrestricted
Total Net Position
601
Water
$ 29,567
2,953
3,844
3,279
8,314
200,000
602
Sewer
603
Storm Water
Totals
$ 2,388 $ 3,569 $ 35,524
2,953
3,534 1,640 9,018
3,279
7,576 3,654 19,544
200,000
247,957 13,498 8,863 270,318
19,547 18,703
64,395 59,339
211,789
295,731 78,042 37,245
9,472 47,722
27,773 151,507
211,789
411,018
543,688 91,540 46,108
60,610
8,582,521
3,945,192
55,852 26,140
2,806,359
2,141,916
1,229,329
591,216
681,336
142,602
12,618,209
6,678,324
$ 12527,713 $ 4 948 275 $ 1,820,545 $ 19,296,533
43
THIS PAGE IS LEFT
BLANK INTENTIONALLY
44
City of Medina, Minnesota
Statement of Revenues, Expenses and Changes in Net Position
Proprietary Funds
For the Year Ended December 31, 2021
Business -type Activities - Enterprise funds
Nonmajor
Operating Revenues
Charges for services
Operating Expenses
Wages and salaries
Materials and supplies
Professional services
Repairs and maintenance
Insurance
Utilities
Depreciation
Sewer treatment charges
Total Operating Expenses
Operating Income
Nonoperating Revenues (Expenses)
Interest on investments
Miscellaneous income
Interest and other charges
Total Nonoperating Revenues (Expenses)
601
Water
602
Sewer
603
Storm Water
Totals
$ 1,512,344 $ 932,562 $ 283,586 $ 2,728,492
159,905
186,604
34,331
112,055
7,344
102,704
368,099
971,042
541,302
(34,352)
158
(1,459)
(35,653)
Income Before Contributions and Transfers 505,649
Capital Contributions from Other Funds
Capital Contributions
Transfers In
Transfers Out
Change in Net Position
Net Position - January 1
Net Position, December 31
3,311
17,467
204,038
(124,402)
606,063
148,046
3,889
29,895
20,434
6,467
7,904
109,836
406,138
70,142
1,076
60,543
367
511
71,134
378,093
191,569
124,769
132,856
14,322
110,608
549,069
406,138
_ 732,609 203,773 1,907,424
199,953 79,813
(20,878) (6,200)
146 68
821,068
(61,430)
372
(1,459)
(20,732) (6,132) _ (62,517)
179,221 73,681
758,551
3,311
116,079 133,546
204,038
(128,001) (61,733) (314,136)
51,220 128,027
11,921,650 4,897,055 1,692,518
785,310
18,511,223
$ 12,527,713 $ 4,948,275 $ 1,820,545 $ 19,296,533
45
City of Medina, Minnesota
Statement of Cash Flows
Proprietary Funds
For the Year Ended December 31, 2021
Business -type Activities - Enterprise funds
Nonmajor
Cash Flows from Operating Activities
Receipts from customers and users
Payments to suppliers
Payments to employees
Net Cash Provided (Used)
by Operating Activities
601 602 603
Water Sewer Storm Water
Totals
$ 1,510,561 $ 935,940 $ 384,248 $ 2,830,749
(451,527) (476,477) (59,651) (987,655)
(167,554) (153,979) (73,149) (394,682)
891,480 305,484 251,448 1,448,412
Cash Flows from Noncapital
Financing Activities
Transfers from other funds 204,038 204,038
Transfers to other funds (124,402 (128,001) (61,733) (314,136)
Net Cash Provided (Used) by
Noncapital Financing Activities
79,636 (128,001) (61,733) (110,098)
Cash Flows from Capital and
Related Financing Activities
Acquisition of capital assets (7,718) (61,836) (14,241) (83,795)
Connection fees 17,467 17,467
Intergovernmental 116,079 116,079
Principal paid on bonds (195,000) - (195,000)
Interest paid on bonds (9,872) (9,872)
Net Cash Provided (Used) by Capital
and Related Financing Activities (195,123) (61,836) 101,838 (155,121)
Cash Flows from Investing Activities
Interest received on investments
Net Increase (Decrease) in
Cash and Cash Equivalents
Cash and Cash Equivalents, January 1
(34,352) (20,878) (6,200) (61,430)
741,641 94,769 285,353 1,121,763
3,272,300 2,023,594 345,291 5,641,185
Cash and Cash Equivalents, December 31 $ 4,013,941 $ Z118,363 $ 630,644 $ 6,762,948
46
City of Medina, Minnesota
Statement of Cash Flows (Continued)
Proprietary Funds
For the Year Ended December 31, 2021
Business -type Activities - Enterprise funds
Reconciliation of Operating Income to Net
Cash Provided (Used) by Operating Activities
Operating income
Adjustments to reconcile operating income to
net cash provided by operating activities
Other items related to operations
Depreciation
(Increase) decrease in assets and deferred outflows
Accounts receivable
Due from other governments
Special assessments receivable
Prepaid items
Pension resources
Other postemployment benefits
Increase (decrease) in liabilities and deferred inflows
Accounts payable
Due to other governments
Salaries payable
Compensated absences payable
Net pension liability
Pension resources
Other postemployment benefits payable
Net Cash Provided (Used) by
Operating Activities
Schedule of Noncash
Capital Financing Activities
Contribution of assets from other funds
Amortization of bond premium
601
Water
602
Sewer
$ 541,302 $ 199,953
Nonmajor
603
Storm Water
Totals
$ 79,813 $ 821,068
158 146 68
368,099 109,836 71,134
(4,223)
(537)
2,819
(97)
(37,916)
1,148
(11,820)
2,280
(235)
808
(18,061)
54,886
(7,131)
(2,330) (2,476)
(237) 101,239
5,799 1,831
1,311
(34,994) (16,346)
1,027 531
(3,063)
(1,025)
(260)
1,003
(15,930)
50,627
(6,379)
2,315
80
760
(7,871)
23,666
(3,296)
372
549,069
(9,029)
100,465
10,449
1,214
(89,256)
2,706
(12,568)
1,255
(415)
2,571
(41,862)
129,179
(16,806)
^$ 891,480 $ 305,484 $ 251,448 $ 1,448,412
3,311 $ $ $ 3,311
6,788
47
6,788
THIS PAGE IS LEFT
BLANK INTENTIONALLY
48
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 1: Summary of Significant Accounting Policies
A. Reporting Entity
The City of Medina, Minnesota (the City) operates under the "Optional Plan A" form of government as defined in the State
of Minnesota statutes. Under this plan, the government of the City is directed by a City Council composed of an elected
Mayor and four elected City Council Members. The City Council exercises legislative authority and determines all matters
of policy. The City Council appoints personnel responsible for the proper administration of all affairs relating to the City.
The City has considered all potential units for which it is financially accountable and other organizations for which the
nature and significance of their relationship with the City are such that exclusion would cause the City's financial
statements to be misleading or incomplete. The Governmental Accounting Standards Board (GASB) has set forth criteria
to be considered in determining financial accountability. These criteria include appointing a voting majority of an
organization's governing body, and (1) the ability of the primary government to impose its will on that organization or
(2) the potential for the organization to provide specific benefits to, or impose specific financial burdens on the City.
Blended component units, although legally separate entities are, in substance, part of the City's operations and so data
from these units are combined with data of the City. The City has the following component unit:
Blended Component Unit. The Medina Economic Development Authority (MEDA) of the City was created pursuant to
Minnesota statutes 469.090 through 469.108 to carry out economic and industrial development and redevelopment
consistent with policies established by the City Council. It is comprised of five members, all of which are City Council
members, and has a December 31 year end. The EDA activities are blended and reported in a Capital Project fund (Tax
Increment 1-9) due to substantively the same governing board and the financial benefit/burden relationship. Separate
financial statements are not issued for this component unit.
B. Government -wide and Fund Financial Statements
The government -wide financial statements (i.e., the statement of net position and the statement of activities) report
information on all of the nonfiduciary activities of the City. Governmental activities, which normally are supported by taxes
and intergovernmental revenues, are reported separately from business -type activities, which rely to a significant extent on
fees and charges for support.
The statement of activities demonstrates the degree to which the direct expenses of a given function or segments are
offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment.
Amounts reported as program revenues include 1) charges to customers or applicants who purchase, use, or directly
benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that
are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other
items not properly included among program revenues are reported instead as general revenues.
Separate financial statements are provided for governmental funds, proprietary funds and fiduciary funds. Major
individual governmental funds and major individual enterprise funds are reported as separate columns in the fund
financial statements.
49
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 1: Summary of Significant Accounting Policies (Continued)
C. Measurement Focus, Basis of Accounting and Financial Statement Presentation
The government -wide financial statements are reported using the economic resources measurement focus and the
accrual basis of accounting, as are the proprietary fund and fiduciary fund financial statements. Revenues are recorded
when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows.
Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized
as revenue as soon as all eligibility requirements imposed by the provider have been met.
Governmental fund financial statements are reported using the current financial resources measurement focus and the
modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available.
Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to
pay liabilities of the current period. For this purpose, the City considers revenues to be available if they are collected within
60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under
accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and
claims and judgments, are recorded only when payment is due.
Property taxes, franchise taxes, licenses and interest associated with the current fiscal period are all considered to be
susceptible to accrual and so have been recognized as revenues of the current fiscal period. Only the portion of special
assessments receivable due within the current fiscal period is considered to be susceptible to accrual as revenue of the
current period. All other revenue items are considered to be measurable and available only when cash is received by the
City.
Revenue resulting from exchange transactions, in which each party gives and receives essentially equal value, is recorded
on the accrual basis when the exchange takes place. On a modified accrual basis, revenue is recorded in the year in which
the resources are measurable and become available.
Non -exchange transactions, in which the City receives value without directly giving equal value in return, include property
taxes, grants, entitlement and donations. On an accrual basis, revenue from property taxes is recognized in the year for
which the tax is levied. Revenue from grants, entitlements and donations is recognized in the year in which all eligibility
requirements have been satisfied. Eligibility requirements include timing requirements, which specify the year when the
resources are required to be used or the year when use is first permitted, matching requirements, in which the City must
provide local resources to be used for a specified purpose, and expenditure requirements, in which the resources are
provided to the City on a reimbursement basis. On a modified accrual basis, revenue from non -exchange transactions
must also be available before it can be recognized.
Unearned revenue arises when assets are recognized before revenue recognition criteria have been satisfied. Grants and
entitlements received before eligibility requirements are met are also recorded as unearned revenue.
The preparation of financial statements in conformity with accounting principles generally accepted in the United States
of America requires management to make estimates and assumptions that affect certain reported amounts and
disclosures. Accordingly, actual results could differ from those estimates.
50
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 1: Summary of Significant Accounting Policies (Continued)
The City reports the following major governmental funds:
The General fund is the government's primary operating fund. It accounts for all financial resources of the general
government, except those required to be accounted for in another fund.
The Debt Service fund accounts for the resources accumulated and payments made for principal and interest on long-
term general obligation debt of governmental funds.
The Sewer Capital Improvements fund accounts for the costs associated with replacement of the City's utility and
road systems.
The Road Improvement fund accounts for the costs associated with the replacement of the roads in the City.
The City reports the following major proprietary funds:
The Water fund accounts for the activities of the City's water distribution system, which are financed by the water
utility fee, and insure that user charges are sufficient to pay for those costs.
The Sewer fund accounts for the activities of the City's wastewater collection operations which are financed by the
sanitary sewer utility fee, and insure that user charges are sufficient to pay for those costs.
As a general rule, the effect of interfund activity has been eliminated from government -wide financial statements.
Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and
expenses generally result from providing services and producing and delivering goods in connection with a proprietary
fund's principal ongoing operations. The principal operating revenues of the City enterprise funds are charges to
customers for sales and services. Operating expenses for enterprise funds include the cost of sales and services,
administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are
reported as nonoperating revenues and expenses.
51
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 1: Summary of Significant Accounting Policies (Continued)
D. Assets, Deferred Outflows of Resources, Liabilities, Deferred Inflows of Resources and Net Position/Fund Balance
Deposits and Investments
The City's cash and cash equivalents are considered to be cash on hand, demand deposits and short-term investments
with original maturities of three months or less from the date of acquisition. The proprietary funds' portion in the
government -wide cash and temporary investments pool is considered to be cash and cash equivalents for purposes of
the statement of cash flows.
Cash balances from all funds are pooled and invested, to the extent available, in certificates of deposit and other
authorized investments. Earnings from such investments are allocated on the basis of applicable participation by each of
the funds.
The City may also invest idle funds as authorized by Minnesota statutes, as follows:
1. Direct obligations or obligations guaranteed by the United States or its agencies.
2. Shares of investment companies registered under the Federal Investment Company Act of 1940 and received the
highest credit rating, rated in one of the two highest rating categories by a statistical rating agency, and have a
final maturity of thirteen months or less.
3. General obligations of a state or local government with taxing powers rated "A" or better; revenue obligations
rated "AA" or better.
4. General obligations of the Minnesota Housing Finance Agency rated "A" or better.
5. Obligation of a school district with an original maturity not exceeding 13 months and (i) rated in the highest
category by a national bond rating service or (ii) enrolled in the credit enhancement program pursuant to statute
section 126C.55.
6. Bankers' acceptances of United States banks eligible for purchase by the Federal Reserve System.
7. Commercial paper issued by United States banks corporations or their Canadian subsidiaries, of highest quality
category by at least two nationally recognized rating agencies, and maturing in 270 days or less.
8. Repurchase or reverse repurchase agreements and securities lending agreements with financial institutions
qualified as a "depository" by the government entity, with banks that are members of the Federal Reserve System
with capitalization exceeding $10,000,000, a primary reporting dealer in U.S. government securities to the Federal
Reserve Bank of New York, or certain Minnesota securities broker -dealers.
9. Guaranteed Investment Contracts (GIC's) issued or guaranteed by a United States commercial bank, a domestic
branch of a foreign bank, a United States insurance company, or its Canadian subsidiary, whose similar debt
obligations were rated in one of the top two rating categories by a nationally recognized rating agency.
Broker money market funds operate in accordance with appropriate state laws and regulations. The reported value of the
pool is the same as the fair value of the shares.
The City categorizes its fair value measurements within the fair value hierarchy established by generally accepted
accounting principles. The hierarchy is based on the valuation inputs used to measure the fair value of the asset. Level 1
inputs are quoted prices in active markets for identical assets; Level 2 inputs are significant other observable inputs; Level
3 inputs are significant unobservable inputs.
52
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 1: Summary of Significant Accounting Policies (Continued)
The City has the following recurring fair value measurements as of December 31, 2021:
• Negotiable certificates of deposit of $17,274,999 are values using a matrix pricing model (Level 2 inputs)
The Minnesota Municipal Money Market Fund is regulated by Minnesota statutes and the Board of Directors of the
League of Minnesota Cities and is an external investment pool not registered with the Securities Exchange Commission
(SEC) that follows the regulatory rules of the SEC. In accordance with GASB Statement No. 79, the City's investment in
this pool is valued at amortized cost, which approximates fair value. There are no restrictions or limitations on
withdrawals from the 4M Liquid Asset Fund. Investments in the 4M Plus must be deposited for a minimum of 14 calendar
days. Withdrawals prior to the 14 -day restriction period will be subject to a penalty equal to seven days interest on the
amount withdrawn. Seven days' notice of redemption is required for withdrawals of investments in the 4M Term Series
withdrawn prior to the maturity date of that series. A penalty could be assessed as necessary to recoup the Series for any
charges, losses, and other costs attributable to the early redemption. Financial statements of the 4M Fund can be
obtained by contracting RBC Global Management at 100 South Fifth Street, Suite 2300, Minneapolis, MN 55402-1240.
At December 31, 2021, the City had no investments in one issuer (other than investments issued by or explicitly
guaranteed by U.S. government, mutual funds, external investment pools, and other pooled investments) that represent
5 percent or more of the City's investments. The investment in the Minnesota Municipal Money Market Mutual Fund is
not subject to the custodial credit risk classifications as noted in paragraph 9 of GASB Statement No. 40.
Property Taxes
The City Council annually adopts a tax levy and certifies it to the County in December for collection the following year. The
County is responsible for collecting all property taxes for the City. These taxes attach an enforceable lien on taxable
property within the City on January 1 and are payable by the property owners in two installments. The taxes are collected
by the County Treasurer and tax settlements are made to the City during January, July and December each year.
Delinquent taxes receivable include the past six years' uncollected taxes. Delinquent taxes have been offset by a deferred
inflow of resources for delinquent taxes not received within 60 days after year end in the fund financial statements.
Accounts Receivable
Accounts receivable include amounts billed for services provided before year end. Unbilled utility enterprise fund
receivables are also included for services provided in 2021. The City annually certifies delinquent water, sewer and storm
water accounts to the County for collection in the following year. As a result, there has been no allowance for doubtful
accounts established for the enterprise funds.
Special Assessments
Special assessments represent the financing for public improvements paid for by benefiting property owners.
Assessments were also completed for unreimbursed costs and uncollected City charges for services. These
assessments are recorded as receivables upon certification to the County. Special assessments are recognized as
revenue when they are certified to the County or received in cash or within 60 days after year end. All governmental
special assessments receivable are offset by a deferred inflow of resources in the fund financial statements.
53
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 1: Summary of Significant Accounting Policies (Continued)
Interfund Receivables and Payables
Activity between funds that are representative of lending/borrowing arrangements outstanding at the end of the fiscal
year are referred to as either "due to/from other funds" (i.e., the current portion of interfund loans) or "advances to/from
other funds" (i.e., the non -current portion of interfund loans). All other outstanding balances between funds are reported
as "due to/from other funds." Any residual balances outstanding between the governmental activities and business -type
activities are reported in the government -wide financial statements as "internal balances."
Prepaid Items
Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in
both government -wide and fund financial statements.
Capital Assets
Capital assets, which include property, plant, equipment, and infrastructure assets (e.g., roads, bridges, sidewalks, and
similar items) are reported in the applicable governmental or business -type activities columns in the government -wide
financial statements. Capital assets are defined by the City as assets with an initial, individual cost of more than $5,000
(amount not rounded) and an estimated useful life in excess of three years. Such assets are recorded at historical cost or
estimated historical cost if purchased or constructed. The City reports infrastructure assets on a network and subsystem
basis. Accordingly, the amounts spent for the construction or acquisition on infrastructure assets are capitalized and
reported in the government -wide financial statements.
In the case of the initial capitalization of general infrastructure assets (i.e., those reported by governmental activities) the
City chose to include all assets accounted for prospectively from the phase 3 GASB 34 implementation date. As the City
constructs or acquires additional capital assets each period, including infrastructure assets, they are capitalized and
reported at historical cost.
The reported value excludes normal maintenance and repairs which are essentially amounts spent in relation to capital
assets that do not increase the capacity or efficiency of the item or extend its useful life beyond the original estimate.
Donated capital assets are recorded at acquisition value at the time of donation.
Property, plant and equipment of the City are depreciated using the straight-line method over the following estimated
useful lives:
Assets
Useful Lives
in Years
Buildings
20 to 40
Land Improvements 20
Building Improvements 20
Furniture and Equipment 5 to 10
Light Vehicles 3 to 5
Machinery and Equipment 5 to 10
Heavy Trucks 7 to 10
Infrastructure 25 to 40
54
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 1: Summary of Significant Accounting Policies (Continued)
Deferred Outflows of Resources
In addition to assets, the statement of net position will sometimes report a separate section for deferred outflows of
resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net
position that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/expenditure)
until then. The City has two items which qualify for reporting in this category. Accordingly, the items, deferred pension
resources are reported only in the statement of net position.
These items result from actuarial calculations and current year pension contributions made
subsequent to the measurement dates.
Compensated Absences
The City compensates employees who resign or retire in good standing for all unused vacation. Sick leave may be
accumulated and banked to a maximum of 960 hours for full-time and regular part-time employees. For sick leave
accumulated is excess of 960 hours, the employee may bank the hours in an account established by the City for
retirement health insurance premiums. An employee who leaves employment voluntarily, with four of more years of
service with the City and gives a 14 calendar day notice of termination of employment will be paid at the base rate of pay,
one-third of accumulated sick leave hours. Any sick leave banked in excess of 960 hours will be forfeited. Two options are
available in regards to accrued sick leave for an employee who voluntarily leaves after 20 or more years of service with
the City. After giving at least a 14 day notice of termination of employment an employee may receive payment for one-half
of all accrued sick leave at the employee's base rate of pay at the time of termination including sick leave banked in
excess of 960 hours. A second option allows the employee to give the City at least 14 days' notice of termination of
employment; which then allows the employee to place any accrued sick leave into the retirement health insurance
account including sick leave banked in excess of 960 hours converted to a monetary value by using the employees base
rate of pay for that year.
Compensation time is also paid out upon termination. All hourly employees can earn compensation time for every hour of
overtime they work. Each hour of overtime is accrued into 1.5 hours of compensation time. Also, a police employee who
works any of the 11 holidays can accrue at a rate of 1.5 compensation hours per hour worked and be paid out for accruals
over 80 hours. Vacation, sick, and compensation time pay are considered expenditures in the year paid in the
governmental fund statements. This differs from the proprietary and government -wide statements where vacation, sick,
and compensation pay are expensed when earned. The General fund is typically used to liquidate governmental
compensated absences.
Other Postemployment Benefits
Under Minnesota statute 471.61, subdivision 2b., public employers must allow retirees and their dependents to continue
coverage indefinitely in an employer -sponsored health care plan, under the following conditions: 1) Retirees must be
receiving (or eligible to receive) an annuity from a Minnesota pension plan, 2) Coverage must continue in group plan until
age 65, and retirees must pay no more than the group premium, and 3) Retirees may obtain dependent coverage
immediately before retirement. As of December 31, 2021, all City premiums are funded on a pay-as-you-go basis and
premiums are based on age. In accordance with GASB Statement 75, the City has a zero liability.
55
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 1: Summary of Significant Accounting Policies (Continued)
Pensions
For purposes of measuring the net pension liability, deferred outflows/inflows of resources and pension expense,
information about the fiduciary net position of the Public Employees Retirement Association (PERA) and additions
to/deductions from PERA's fiduciary net position have been determined on the same basis as they are reported by PERA
except that PERA's fiscal year end is June 30. For this purpose, plan contributions are recognized as of employer payroll
paid dates and benefit payments and refunds are recognized when due and payable in accordance with the benefit terms.
Investments are reported at fair value. The General fund is typically used to liquidate the governmental net pension
liability.
The total pension expense recognized by the City for the year ended December 31, 2021 is detailed below:
Total
GERP PEPFP Pension Expense
Pension Expense
$ 2,154 $ (79,408) $ (77,254)
Long-term Obligations
In the government -wide financial statements, and proprietary fund types in the fund financial statements, long-term debt
and other long-term obligations are reported as liabilities in the applicable governmental activities, business -type
activities, or proprietary fund type statement of net position. Recognition of bond premiums and discounts are delayed
and amortized over the life of the bonds using the straight line method. Bonds payable are reported net of the applicable
bond premium or discount. Bond issuance costs are reported as an expense in the period incurred.
In the fund financial statements, governmental fund types recognized bond premiums and discounts, as well as bond
issuance costs, during the current period. The face amount of debt issued is reported as other financing sources.
Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are
reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are
reported as debt service expenditures.
Deferred Inflows of Resources
In addition to liabilities, the statement of net position and fund financial statements will sometimes report a separate
section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources,
represents an acquisition of net position that applies to a future period(s) and so will not be recognized as an inflow of
resources (revenue) until that time. The City has one type of item, which arises only under a modified accrual basis of
accounting that qualifies for reporting in this category. Accordingly, the item, unavailable revenue, is reported only in the
governmental funds balance sheet. The governmental funds report unavailable revenues from three sources:
intergovernmental revenues delinquent taxes and special assessments. These amounts are deferred and recognized as
an inflow of resources in the period that the amounts become available.
Furthermore, the City has additional items which qualify for reporting in this category on the statement of net position.
The items, deferred pension resources are reported only in the statement of net position and results from actuarial
calculations involving net differences between projected and actual earnings on plan investments and changes in
proportions.
56
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 1: Summary of Significant Accounting Policies (Continued)
Net Position
Net position represents the difference between assets and deferred outflows of resources and liabilities and deferred
inflows of resources. Net position is displayed in three components:
a. Net investment in capital assets - Consists of capital assets, net of accumulated depreciation reduced by any
outstanding debt attributable to acquire capital assets.
b. Restricted net position - Consists of net position balances restricted when there are limitations imposed on their
use through external restrictions imposed by creditors, grantors, laws or regulations of other governments.
c. Unrestricted net position - All other net position that do not meet the definition of "restricted" or "net investment in
capital assets".
When both restricted and unrestricted resources are available for use, it is the City's policy to use restricted resources
first, then unrestricted resources as they are needed.
Fund Balance
In the fund financial statements, fund balance is divided into five classifications based primarily on the extent to which the
City is bound to observe constraints imposed upon the use of resources reported in the governmental funds. These
classifications are defined as follows:
Nonspendable - Amounts that cannot be spent because they are not in spendable form, such as prepaid items.
Restricted - Amounts related to externally imposed constraints established by creditors, grantors or contributors; or
constraints imposed by state statutory provisions.
Committed - Amounts constrained for specific purposes that are internally imposed by formal action (resolution) of
the City Council, which is the City's highest level of decision -making authority. Committed amounts cannot be used
for any other purpose unless the City Council modifies or rescinds the commitment by resolution.
Assigned - Amounts constrained for specific purposes that are internally imposed. In governmental funds other than
the General fund, assigned fund balance represents all remaining amounts that are not classified as nonspendable
and are neither restricted nor committed. In the General fund, assigned amounts represent intended uses established
by the City Council itself or by an official to which the governing body delegates the authority. The City Council has
adopted a fund balance policy which delegates the authority to assign amounts for specific purposes to the City
Administrator.
Unassigned - The residual classification for the General fund and also negative residual amounts in other funds.
The City considers restricted amounts to be spent first when both restricted and unrestricted fund balance is available.
Additionally, the City would first use committed, then assigned, and lastly unassigned amounts of unrestricted fund
balance when expenditures are made.
The City has formally adopted a fund balance policy for the General fund. The City's policy is to maintain an unrestricted
fund balance in the General fund of the greater of (1) 50 percent of the next year's General fund property tax levy, or (2) a
minimum of five months of the next year's budgeted expenditures of the General fund.
57
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 2: Stewardship, Compliance and Accountability
A. Budgetary Information
Annual budgets are adopted on a basis consistent with accounting principles generally accepted in the United States of
America for the General and all special revenue funds. All annual appropriations lapse at fiscal year-end. The City does not
use encumbrance accounting.
In July of each year, all departments of the City submit requests for appropriations to the City Administrator so that a
budget may be prepared. Before September 30th, the proposed budget is presented to the City Council for review. The City
Council holds public hearings and a final budget is prepared and adopted in December.
The appropriated budget is prepared by fund, function and department. The City's department heads, with the approval of
the City Administrator, may make transfers of appropriations within a department. Transfers of appropriations between
departments require the approval of the City Council. The legal level of budgetary control is the department level.
Budgeted amounts are as originally adopted, or as amended by the City Council. There were no budget amendments
during the year.
B. Deficit Fund Equity
The following funds had deficit fund balances at December 31, 2021:
Fund
Amount
Nonmajor
Tax increment 1-9 $ 14,665
The City plans to fund these deficits with future revenues including tax increments and other revenues.
Note 3: Detailed Notes on All Funds
A. Deposits and Investments
Deposits
Custodial credit risk for deposits and investments is the risk that in the event of a bank failure, the City's deposits and
investments may not be returned or the City will not be able to recover collateral securities in the possession of an outside
party. In accordance with Minnesota statutes and as authorized by the City Council, the City maintains deposits at those
depository banks, all of which are members of the Federal Reserve System.
Minnesota statutes require that all City deposits be protected by insurance, surety bond or collateral. The fair value of
collateral pledged must equal 110 percent of the deposits not covered by insurance or bonds, with the exception of
irrevocable standby letters of credit issued by Federal Home Loan Banks as this type of collateral only requires collateral
pledged equal to 100 percent of the deposits not covered by insurance or bonds.
58
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 3: Detailed Notes on All Funds (Continued)
Authorized collateral in lieu of a corporate surety bond includes:
• United States government Treasury bills, Treasury notes, Treasury bonds;
• Issues of United States government agencies and instrumentalities as quoted by a recognized industry quotation
service available to the government entity;
• General obligation securities of any state or local government with taxing powers which is rated "A" or better by a
national bond rating service, or revenue obligation securities of any state or local government with taxing powers
which is rated "AA" or better by a national bond rating service;
• General obligation securities of a local government with taxing powers may be pledged as collateral against funds
deposited by that same local government entity;
• Irrevocable standby letters of credit issued by Federal Home Loan Banks to a municipality accompanied by
written evidence that the bank's public debt is rated "AA" or better by Moody's Investors Service, Inc., or Standard
& Poor's Corporation; and
• Time deposits that are fully insured by any federal agency.
Minnesota statutes require that all collateral shall be placed in safekeeping in a restricted account at a Federal Reserve
Bank, or in an account at a trust department of a commercial bank or other financial institution that is not owned or
controlled by the financial institution furnishing the collateral. The selection should be approved by the government entity.
As of December 31, 2021 the City's carrying amount of deposits was $798,293 and the bank balance was $919,021. Of
the bank balance $250,000 was covered by federal depository insurance and the remaining amount was covered by
collateral held by the City's agent in the City's name.
59
(1)
(2)
N/A
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 3: Detailed Notes on All Funds (Continued)
Investments
As of December 31, 2021, the City had the following investments that are insured or registered, or securities held by the
City or its agent in the City's name.
Credit
Quality/
Investment Type Ratings (1)
Pooled Investments
Broker money market N/A
4M Money Market Fund N/A
Mutual Fund N/A
Non -pooled Investments
U.S. Government Agencies AAA
U.S. Government Agencies AAA
Municipal Securities AAA
Municipal Securities AA -
Municipal Securities N/R
Municipal Securities AAA
Municipal Securities AA+
Municipal Securities AA
Municipal Securities N/R
Brokered Certificates of Deposit N/A
Brokered Certificates of Deposit N/A
Total Investments
Ratings were provided by various rating agencies where applicable to indicate associated credit risk.
Interest rate risk disclosed using the segmented time distribution method.
Indicates not applicable or available.
Segmented
Time
Distribution (2)
less than 1 year
less than 1 year
less than 1 year
1 year to 5 years
5 year to 10 years
less than 1 year
less than 1 year
1 year to 5 years
1 year to 5 years
1 year to 5 years
1 year to 5 years
1 year to 5 years
less than 1 year
1 year to 5 years
Fair Value Measurement Using
Amount Level 1 Level 2
Level 3
$ 23,866 S $ - $
7,359,732
35,623
1,711,787
744,552
105,226
181,163
352,796
1,254,728
563,545
791,213
2,994,258
2,451,319
6,124,412
1,711,787
744,552
105,226
181,163
352,796
1,254,728
563,545
791,213
2,994,258
2,451,319
6,124,412
$ 24,694,220 $ - S 17,274999 $
60
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 3: Detailed Notes on All Funds (Continued)
The investments of the City are subject to the following risk:
• Credit Risk: This is the risk that an issuer or other counterparty to an investment will not fulfill its obligations. State
law limits investments in commercial paper and corporate bonds to be in the top two ratings issued by nationally
recognized statistical rating organizations. The City's investment policy states the instruments that the City will
invest in will be consistent with the GFOA Policy Statement on the State and Local Laws Concerning Investment
Practices and Minnesota statutes 118A. It also states investments in derivatives shall not be allowed.
• Custodial Credit Risk - Deposits: For deposits, this is the risk that in the event of bank failure the City's deposits
may not be returned to it. The City has a policy in place to address custodial credit risk for deposits, stating all
demand deposit accounts, including checking accounts and nonnegotiable certificates of deposit, in accordance
with the GFOA Recommended Practices on the Collateralization of Public Deposits and Minnesota statutes 118A
will be required to be fully collateralized.
• Interest Rate Risk: This is the risk that market values of securities in a portfolio would decrease due to changes in
market interest rates. The City's investment policy states the City will minimize interest rate rise by structuring the
portfolio so that securities mature to meet cash requirements for ongoing operations and investing operating
funds primarily in shorter term securities, money market mutual funds or similar investment pools and limiting the
average maturity of the portfolio. The policy states the City will not directly invest in securities maturing more than
10 years from the date of purchase or in accordance with the state and local statutes and ordinances unless
matched to a specific cash flow. The policy also states the investments will be diversified by investing in
securities with varying maturities, continuously investing at least 10 percent of the portfolio in readily available
funds such as LGIPs, money market funds to ensure that appropriate liquidity is maintained and never investing
more than 20 percent of the portfolio in securities with final maturities greater than five years.
• Concentration of Credit Risk: This is the risk of loss attributed to the magnitude of an investment in a single issuer.
The City's investment policy states the City will limit investments to avoid over concentration in securities from a
specific issuer or business sector, excluding U.S. Treasury securities and limiting investments in securities that
have higher credit risks and investing in securities with varying maturities. The policy also states the City will
diversify the investment portfolio so the impact of potential losses from any one type of security or from any one
individual issuer will be minimized.
Cash Summary
A reconciliation of cash as shown on the statement of net position for the City follows:
Carrying Amount of Deposits
Investments $ 798,293
Cash on Hand 24,694,220
300
Total
S 25,492,813
Cash and Temporary Investments
Government -wide
$ 25,492,813
61
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 3: Detailed Notes on All Funds (Continued)
B. Capital Assets
Capital asset activity for the year ended December 31, 2021 was as follows:
Beginning Ending
Balance Increases Decreases Balance
Governmental Activities
Capital Assets not Being Depreciated
Land
Construction in progress
Total Capital Assets,
not Being Depreciated 2,176,233 1,258,916 (1,173,343) _ 2,261,806
$ 813,779 $ - $ - $ 813,779
1,362,454 1,258,916 (1,173,343) 1,448,027
Capital Assets Being Depreciated
Buildings
Infrastructure
Improvements
Machinery and equipment
Total Capital Assets
Being Depreciated
9,500,690 9,500,690
20,469,009 20,469,009
2,885,636 1,384,294 4,269,930
3,131,141 243,477 (125,195) 3,249,423
35,986,476 1,627,771 (125,195) 37,489,052
Less Accumulated Depreciation for Buildings (2,242,394) (245,505) (2,487,899)
Infrastructure
(6,996,650) (674,365) (7,671,015)1,190,525
Improvements (1,013,161) (177,364) (1,190,525)
Machinery and equipment (1,843,744) (284,080) 54,999 (2,072,825)
Total Accumulated 54,999 (13,422,264)
Depreciation (12,095,949) (1,381,314)
Total Capital Assets, 24,066,788
Being Depreciated, Net 23,890,527 246,457 (70,196)
Governmental Activities
Capital Assets, Net
$ 26,066,760 $ 1.505,373 $ (1,243,539) $ 26,328,594
Depreciation expense was charged to functions/programs of the governmental activities as follows:
Governmental Activities $ 27,174
12
General government 174
Public safety 1,117,2,101
Streets and highways 170,923
Culture and recreation 10,923
Economic development
Total Depreciation Expense - Governmental Activities
$ 1,381,.314
62
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 3: Detailed Notes on All Funds (Continued)
Beginning Ending
Business- Balance Increases Decreases Balance
type Activities
Capital Assets not Being Depreciated
Land $ 138,393 $ $ 138,393
Construction in progress 391,385 3,311 (376,878) 17,818
Total Capital Assets
not Being Depreciated 529,778 3,311 (376,878) 156,211
Capital Assets Being Depreciated
Buildings 8,408,454 8,408,454
Infrastructure 9,860,610 460,673 10,321,283
Improvements 1,463,345 1,463,345
Machinery and equipment 4,129,858 4,129,858
Total Capital Assets
Being Depreciated 23,862,267 460,673 - 24,322,940
Less Accumulated Depreciation for
Buildings (3,806,724) (191,086) (3,997,810)
Infrastructure (3,495,831) (217,153) (3,712,984)
Improvements (350,973) (73,167) (424,140)
Machinery and equipment (3,246,556) (67,663) (3,314,219)
Total Accumulated
Depreciation (10,900,084) - (549,069) (11,449,153)
Total Capital Assets
Being Depreciated, Net - 12,962,183 - (88,396) - - 12,873,787
Business -type Activities
Capital Assets, Net $ 13,491,961- ___$__01§m_ $ (376,878) $ 13,029,998
Depreciation expense was charged to functions/programs of the business -type activities as follows:
Business -type Activities
Water
Sewer $ 368,099
109,836
Storm Water
71,134
Total Depreciation Expense - Business -type Activities _ $ 549,069
63
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 3: Detailed Notes on All Funds (Continued)
C. Interfund Receivables, Payables and Transfers
Interfund Transfers
The composition of interfund transfers for the year ended December 31, 2021 is as follows:
Transfer in
Fund
Debt Road Nonmajor
General Service Improvement Governmental Water Total
Transfer Out
General $ - $ $ 100,000 $ 404,000 $ $ 504,000
Debt Service 10,991 10,991
Nonmajor governmental 45,000 268,293 204,038 517,331
Water 85,375 39,027 124,402
Sewer 80,301 47,700 - 128,001
Storm Water 61,733 61,733
Total
5 272,409 $ 355,020 $ 110,991 $ 404,000_ $ 204,038 $ 1,346,458
During the year, transfers are used to 1) move revenues from the fund with collection authorization to the Debt Service
fund as debt service principal and interest payments become due and 2) move General fund resources to provide an
annual subsidy to the transit fund. The City made the following one-time transfers for the year ended
December 31, 2021:
• The General fund made a budgeted transfer of $404,000 to the nonmajor governmental funds for future
infrastructure improvements. The General Fund also made a budgeted transfer to the Road Improvement fund of
$100,000 for future road projects.
• Nonmajor governmental fund transferred $268,293 to the Debt Service fund for future debt service payments.
Nonmajor governmental funds also transferred $204,038 to the Water fund for capital purchases. Lastly,
nonmajor governmental funds transferred $45,000 to the General fund for future termination benefits.
• The Water fund ($85,375), Sewer fund ($80,301) and the Storm Water fund ($61,733) made budgeted transfers to
the General fund for operating costs.
• The Water fund ($39,027), and the Sewer fund ($47,700) made budgeted transfers to the Debt Service funds for
debt service payments for the 2012 building bonds and for recharacterized water bonds.
• The Debt service funds transferred $10,991 to Road Improvement funds for future capital purchases as there was
no future obligation to pay debt service.
64
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 3: Detailed Notes on All Funds (Continued)
D. Long-term Debt
General Obligation Improvement Bonds
The City issues G.O. improvement bonds to finance various improvements and will be repaid from special assessments
levied on the properties benefiting from the improvements, tax increment from the district and ad valorem tax levies. All
special assessment debt is backed by the full faith and credit of the City. Each year the combined assessment and tax
levy equals 105 percent of the amount required for debt service. The excess of 5 percent is to cover any delinquencies in
tax or assessment payments.
Description
G.O. Crossover Refunding Bonds,
Series 2013A
G.O. Improvement Bonds,
Series 2015A
G.O. Refunding Bond
Series 2016A
G.O. Refunding Improvement Bonds,
Series 2020A
Authorized
and Issued
1,170,000
1,765,000
1,220,000
980,000
Total General Obligation Improvement Bonds
Interest
Rate
1.75 - 2.00
2.00 - 3.00
2.00
1.35 - 2.00
Issue
Date
04/25/13
06/24/15
08/11/16
12/10/20
Maturity
Date
02/01/23
02/01/31
02/01/24
02/01/34
Balance at
Year End
$ 310,000
1,160,000
545,000
5,720,000
$ 7,735,000
Annual debt service requirements to maturity for the general obligation improvement bonds are as follows:
Year Ending Governmental Activities
December 31,
2022
2023
2024
2025
2026
2027 - 2031
2032 - 2034
Total
65
Principal Interest Total
$ 695,000 $
725,000
750,000
575,000
590,000
3,100,000
1,300,000
140,549 $ 835,549
126,736 851,736
111,893 861,893
98,068 673,068
85,555 675,555
231,043 3,331,043
25,448 1,325,448
$ 7,735,000 $ 819,292 $ 8,554,292
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 3: Detailed Notes on All Funds (Continued)
G.4 Revenue Bonds
The following bonds were issued to finance capital improvements, and finance acquisition and construction of capital
facilities. They will be repaid from future net revenues pledged from the Water fund and are backed by the taxing power of
the City. Annual principal and interest payments on the bonds are expected to require over 50 percent of net revenues
from the Water fund. For 2021, principal and interest paid and total customer net revenues for the Water fund were
$204,872 and $1,512,344, respectively creating a pledged revenue percentage of 13.5%.
Authorized Interest Issue Maturity Balance at
Description and Issued Rate Date Date Year End
G.O. Water Revenue Crossover
Refunding Bonds, Series 2013A $ 1,520,000 1.75 - 2.00 % 04/25/13 02/01/23 $ 405,000
Annual debt service requirements to maturity for the general obligation revenue bonds are as follows:
Year Ending Business -type Activities
December 31, Principal Interest Total
2022 $ 200,000 $ 5,338 $ 205,338
2023 205,000 1,793 206,793
Total $ 405,000 S` 7,131 $ 412,131
66
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 3: Detailed Notes on All Funds (Continued)
Change n Long-term Liabilities
Long-term liability activity for the year ended December 31, 2021, was as follows:
Governmental Activities
Bonds Payable
General obligation
improvement bonds $ 13,245,000
Unamortized premium on bonds 370,950
Total Bonds Payable 13,615,950
Compensated Absences
Payable
Beginning
Balance Increases Decreases
Governmental Activities
Long-term Liabilities
Business -type Activities
Bonds Payable
General obligations
revenue bonds $ 600,000 $
Unamortized premium on bonds 13,577
Total Bonds Payable 613,577
Compensated Absences
Payable
Ending
Balance
Due Within
One Year
$ (5,510,000) $ 7,735,000 $ 695,000
(80,281) 290,669
- (5,590,281) 8,025,669 695,000
364,058 257,544 (253,561)
368,041
157,200
$ 13,980,008 $ 257,544 $ (5,843,842) $ 8,393,710 $ 852,200
Business -type Activities
Long-term Liabilities
64,695
678,272
67
S
(195,000) $ 405,000 $ 200,000
(6,788) 6,789 -
(201,788) 411,789 200,000
25,805 (23,234)
67,266
19,544
25,805 $ (225,022) $ 479,055 $ 219,544
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 3: Detailed Notes on All Funds (Continued)
E. Components of Fund Balance
At December 31, 2021, portions of the City's fund balance are not available for appropriation due to not being in spendable
form (Nonspendable), legal restrictions (Restricted), City Council action (Committed), policy and/or intent (Assigned). The
following is a summary of the components of fund balance:
Nonspendable
Prepaid items
General
Other
Debt Sewer Capital Road Governmental
Service Improvements Improvement Funds Total
$ 63,855 $ - $ _ S 15,958 $ 79,813
Restricted for
Park improvements $ - $ $ - $ $ 1,169,706 $ 1,169,706
Debt service - 2,240,306 2,240,306
Police expenditures 215,400 215,400
Total Restricted .. .. 2,240306 $ $ - $ 1,385,106_ $ 3625,412
Committed to
Park improvements $ - $ $ 5 $ 817,885 $ 817,885
Police expenditures 66,066 66,066
Field house 4,619 4,619
German liberal cemetary 173,269 173,269
Community event 25,392 25,392
Cable 68,683 68,683
Environmental 487,056 487,056
Total Committed $ $ - $ $ _ $ 1,642,970 A 1,642,970
Assigned to
improvements $ $ $ 3,282,853 $ 340,228 $ 2,190,257 $ 5,813,338
Capital 300,000 300,000
Fire Improvements 300,200
Future benefits 157,200
Equipment replacement 184,956 184,956
Total Assigned $ 157,200 $ _S 3,282,853 $ _ 340,228 $ 2,675,213 6455494
68
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 4: Defined Benefit Pension Plans - Statewide
A. Plan Description
The City participates in the following cost -sharing multiple -employer defined benefit pension plans administered by the
Public Employees Retirement Association of Minnesota (PERA). PERA's defined benefit pension plans are established
and administered in accordance with Minnesota statutes, chapters 353 and 356. PERA's defined benefit pension plans
are tax qualified plans under Section 401(a) of the Internal Revenue Code.
General Em gees Retirement Plan
All full-time and certain part-time employees of the City are covered by the General Employees Plan. General Employees
Plan members belong to the Coordinated Plan. Coordinated Plan members are covered by Social Security.
Public Employees Police and Fire Plan
The Police and Fire Plan, originally established for police officers and firefighters not covered by a local relief association,
now covers all police officers and firefighters hired since 1980. Effective July 1, 1999, the Police and Fire Plan also covers
police officers and firefighters belonging to a local relief association that elected to merge with and transfer assets and
administration to PERA.
B. Benefits Provided
PERA provides retirement, disability and death benefits. Benefit provisions are established by state statute and can only
be modified by the state Legislature. Vested, terminated employees who are entitled to benefits but are not receiving
them yet are bound by the provisions in effect at the time they last terminated their public service.
General Employee Plan Benefits
General Employees Plan benefits are based on a member's highest average salary for any five successive years of
allowable service, age, and years of credit at termination of service. Two methods are used to compute benefits for
PERA's Coordinated Plan members. Members hired prior to July 1, 1989 receive the higher of Method 1 or Method 2
formulas. Only Method 2 is used for members hired after June 30, 1989. Under Method 1, the accrual rate for Coordinated
members is 1.2 percent of average salary for each of the first 10 years of service and 1.7 percent of average salary for
each additional year. Under Method 2, the accrual rate for Coordinated members is 1.7 percent for average salary for all
years of service. For members hired prior to July 1, 1989 a full annuity is available when age plus years of service equal 90
and normal retirement age is 65. For members hired on or after July 1, 1989 normal retirement age is the age for
unreduced Social Security benefits capped at 66.
Benefit increases are provided to benefit recipients each January. The postretirement increase is equal to 50 percent of
the cost -of -living adjustment (COLA) announced by the SSA, with a minimum increase of at least 1 percent and a
maximum of 1.5 percent. Recipients that have been receiving the annuity or benefit for at least a full year as of the June
30 before the effective date of the increase will receive the full increase. Recipients receiving the annuity or benefit for at
least one month but less than a full year as of the June 30 before the effective date of the increase will receive a reduced
prorated increase. For members retiring on January 1, 2024, or later, the increase will be delayed until normal retirement
age (age 65 if hired prior to July 1, 1989, or age 66 for individuals hired on or after July 1, 1989). Members retiring under
Rule of 90 are exempt from the delay to normal retirement.
69
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 4: Defined Benefit Pension Plans - Statewide (Continued)
Police and Fire Plan Benefits
Benefits for Police and Fire Plan members first hired after June 30, 2010, but before July 1, 2014, vest on a prorated basis
from 50 percent after five years up to 100 percent after ten years of credited service. Benefits for Police and Fire Plan
members first hired after June 30, 2014 vest on a prorated basis from 50 percent after ten years up to 100 percent after
twenty years of credited service. The annuity accrual rate is 3 percent of average salary for each year of service. For
Police and Fire Plan members who were first hired prior to July 1, 1989, a full annuity is available when age plus years of
service equal at least 90.
Benefit increases are provided to benefit recipients each January. The postretirement increase is fixed at 1 percent.
Recipients that have been receiving the annuity or benefit for at least 36 months as of the June 30 before the effective
date of the increase will receive the full increase. For recipients receiving the annuity or benefit for at least 25 months but
less than 36 months as of the June 30 before the effective date of the increase will receive a reduced prorated increase.
C. Contributions
Minnesota statutes chapter 353 sets the rates for employer and employee contributions. Contribution rates can only be
modified by the state Legislature.
General Emplgvees m Contributiona
Coordinated Plan members were required to contribute 6.50 percent of their annual covered salary in fiscal year 2020 and
the City was required to contribute 7.50 percent for Coordinated Plan members. The City's contributions to the General
Employees Fund for the years ending December 31, 2021, 2020 and 2019 were $94,515, $87,115 and $90,945,
respectively The City's contributions were equal to the required contributions for each year as set by state statute.
Police and Fire Fund Contributions
Police and Fire Plan members were required to contribute 11.80 percent of their annual covered salary in fiscal year 2021
and the City was required to contribute 17.70 percent for Police and Fire Plan members. The City's contributions to the
Police and Fire Fund for the years ending December 31, 2021, 2020 and 2019 were $173,155, $162,488 and $152,505,
respectively. The City's contributions were equal to the required contributions for each year as set by state statute.
70
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 4: Defined Benefit Pension Plans - Statewide (Continued)
D. Pension Costs
General Emoloyees Fund Pension Costs
At December 31, 2021, the City reported a liability of $717,435 for its proportionate share of the General Employees Fund's
net pension liability. The City's net pension liability reflected a reduction due to the State of Minnesota's contribution of
$16 million. The State of Minnesota is considered a non -employer contributing entity and the state's contribution meets
the definition of a special funding situation. The State of Minnesota's proportionate share of the net pension liability
associated with the City totaled $21,892. The net pension liability was measured as of June 30, 2021, and the total
pension liability used to calculate the net pension liability was determined by an actuarial valuation as of that date. The
City's proportionate share of the net pension liability was based on the City's contributions received by PERA during the
measurement period for employer payroll paid dates from July 1, 2020 through June 30, 2021 relative to the total
employer contributions received from all of PERA's participating employers. The City's proportionate share was 0.0168
percent which was an increase of 0.0001 percent from its proportion measured as of June 30, 2020.
City's Proportionate Share of the Net Pension Liability
State of Minnesota's Proportionate Share of the Net Pension $ 717,435
Liability Associated with the City
21,892
Total
$ 739,327
For the year ended December 31, 2021, the City recognized pension expense of $388 for its proportionate share of the
General Employees Plan's pension expense. In addition, the City $1,766 as pension expense (and grant revenue) for its
proportionate share of the State of Minnesota's contribution of $16 million to the General Employees Fund.
At December 31, 2021, the City reported its proportionate share of the General Employees Plan's deferred outflows of
resources and deferred inflows of resources, related to pensions from the following sources:
Deferred Deferred
Outflows Inflows
of Resources of Resources
Differences Between Expected and
Actual Economic Experience
Changes in Actuarial Assumptions $ 4,408 $ 21,940
Net Difference Between Projected and 438,051 15,805
Actual Earnings on Plan Investments
623,533
Changes in Proportion
Contributions Paid to PERA Subsequent 2,998 13,992
to the Measurement Date
46,998
Total
$ 492,455 $ 675,270
The $46,998 related to pensions resulting from the City's contributions subsequent to the measurement date will be
recognized as a reduction of the net pension liability in the year ended December 31, 2022. Other amounts reported as
deferred outflows and inflows of resources related to pensions will be recognized in pension expense as follows:
2022
2023 $ (43,680)
2024 (10,931)
2025 (5,733)
(169,469)
71
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 4: Defined Benefit Pension Plans - Statewide (Continued)
Police and Fire Fund Pension Costs
At December 31, 2021, the City reported a liability of $611,340 for its proportionate share of the Police and Fire Fund's
net pension liability. The net pension liability was measured as of June 30, 2021, and the total pension liability used to
calculate the net pension liability was determined by an actuarial valuation as of that date. The City's proportionate share
of the net pension liability was based on the City's contributions received by PERA during the measurement period for
employer payroll paid dates from July 1, 2020 through June 30, 2021 relative to the total employer contributions received
from all of PERA's participating employers. The City's proportionate share was 0.0792 percent which was a decrease of
0.0015 percent from its proportionate share measured as of June 30, 2020.
The State of Minnesota contributed $18 million to the Police and Fire Fund in the plan fiscal year ended June 30, 2021.
The contribution consisted of $9 million in direct state aid that does meet the definition of a special funding situation and
$9 million in supplemental state aid that does not meet the definition of a special funding situation. The $9 million direct
state was paid on October 1, 2020. Thereafter, by October 1 of each year, the state will pay $9 million to the Police and
Fire Fund until full funding is reached or July 1, 2048, whichever is earlier. The $9 million in supplemental state aid will
continue until the fund is 90 percent funded, or until the State Patrol Plan (administered by the Minnesota State
Raccelerate
the phasing tem) is 90 out of thesercent e state contributions, although we do not anticnded, whichever occurs later. Strong asset ipate them to be phased outurns for the fiscal year t dung the021
accelerate p 9
fiscal year ending 2022.
The State of Minnesota is included as a non -employer contributing entity in the Police and Fire Retirement Plan Schedule
of Employer Allocations and Schedule of Pension Amounts by Employer, Current Reporting Period Only (pension
allocation schedules) for the $9 million in direct state aid. Police and Fire Plan employers need to recognize their
proportionate share of the State of Minnesota's pension expense (and grant revenue) under GASB 68 special funding
situation accounting and financial reporting requirements. For the year ended December 31, 2021, the City recognized
pension expense (revenue) of (84,416) for its proportionate share of Police and Fire Plan's pension expense (revenue).
The State of Minnesota is not included as a non -employer contributing entity in the Police and Fire Pension Plan pension
allocation schedules for the $9 million in state aid. The City recognized $5,008 for the year ended
December 31, 2020 as revenue and an offsetting reduction of net pension liability for its proportionate share of the State
of Minnesota's on -behalf contributions to the Police and Fire Fund.
At December 31, 2021, the City reported its proportionate share of Police and Fire Plan's deferred outflows of resources
and deferred inflows of resources, related to pensions from the following sources:
Differences Between Expected and
Actual Economic Experience
Changes in Actuarial Assumptions
Net Difference Between Projected and
Actual Earnings on Plan Investments
Changes in Proportion
Contributions Paid to PERA Subsequent
to the Measurement Date
Total
72
Deferred
Outflows
of Resources
$ 118,852
924,813
Deferred
Inflows
of Resources
$ 9,601
365,702
1,164,943
40,500 71,691
89,536
$ 1,173,701 1611,937
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 4: Defined Benefit Pension Plans - Statewide (Continued)
The $89,536 reported as deferred outflows of resources related to pensions resulting from the City's contributions
subsequent to the measurement date will be recognized as a reduction of the net pension liability in the year ended
December 31, 2022. Other amounts reported as deferred outflows and inflows of resources related to pensions will be
recognized in pension expense as follows:
2022
2023 $ (437,431)
2024 (79,916)
2025 (74,262)
2026 (132,865)
196,702
E. Actuarial Assumptions
The total pension liability in the June 30, 2021 actuarial valuation was determined using an individual entry -age normal
actuarial cost method. The long-term rate of return on pension plan investments used in the determination of the total
liability is 6.5 percent. This assumption is based on a review of inflation and investments return assumptions from a
number of national investment consulting firms. The review provided a range of return investment return rates deemed to
be reasonable by the actuary. An investment return of 6.5 percent was deemed to be within that range of reasonableness
for financial reporting purposes.
Salary growth assumptions in the General Employees Plan range in annual increments from 10.25 percent after one year
of service to 3.0 percent after 29 years of service and 6.0 percent per year thereafter. In the Police and Fire Plan, salary
growth assumptions range from 11.75 percent after one year of service to 3.0 percent after 24 years of service.
Mortality rates for the General Employees Plan are based on the Pub -2010 General Employee Mortality Table. Mortality
rates for the Police and Fire Plan is based on the Pub -2010 Public Safety Employee Mortality tables. The tables are
adjusted slightly to fit PERA's experience.
Actuarial assumptions used in the June 30, 2021 valuation were based on the results of actuarial experience studies. The
most recent four-year experience study in the General Employees Plan was completed in 2019. The assumption changes
were adopted by the Board and become effective with the July 1, 2020 actuarial valuation. The most recent four-year
experience study for the Police and Fire Plan was completed in 2020 were adopted by the Board and became effective
with the July 1. 2021 actuarial valuation.
The following changes in actuarial assumptions and plan provisions occurred in 2021:
General Employees Fund
Changes in Actuarial Assumptions
• The investment return and single discount rates were changed from 7.50 percent to 6.50 percent, for financial
reporting purposes.
• The mortality improvement scale was changed from Scale MP -2019 to Scale MP -2020.
Changes in Plan Provisions
• There were no changes in plan provisions since the previous valuation
73
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 4: Defined Benefit Pension Plans - Statewide (Continued)
Police and Fire Fun
Changes in Actuarial Assumptions
• The investment return and single discount rates were changed from 7.50 percent to 6.50 percent, for financial
reporting purposes.
• The inflation assumption was changed from 2.50 percent to 2.25 percent.
• The payroll growth assumption was changed from 3.25 percent to 3.00 percent.
• The base mortality table for healthy annuitants and employees was changed from the RP -2014 table to the
Pub -2010 Public Safety Mortality table. The mortality improvement scale was changed from MP -2019 to MN -
2020.
• The base mortality table for disabled annuitants was changed from the RP -2014 healthy annuitant mortality
table (with future mortality improvement according to Scale MP -2019) to the Pub -2010 Public Safety disabled
annuitant mortality table (with future mortality improvement according to Scale MP -2020).
• Assumed rates of salary increase were modified as recommended in the July 14, 2020 experience study. The
overall impact is a decrease in gross salary increase rates.
• Assumed rates of retirement were changed as recommended in the July 14, 2020 experience study. The
changes result in slightly more unreduced retirements and fewer assumed early retirements.
• Assumed rates of withdrawal were changed from select and ultimate rates to service -based rates. The
changes result in more assumed terminations.
• Assumed rates of disability were increased for ages 25-44 and decreased for ages over 49. Overall, proposed
rates result in more projected disabilities.
• Assumed percent married for active female members was changed from 60 percent to 70 percent. Minor
changes to form of payment assumptions were applied.
Changes in Plan Provisions
• There have been no changes since the prior valuation.
The State Board of Investment, which manages the investments of PERA, prepares an analysis of the reasonableness on
a regular basis of the long-term expected rate of return basis using a building-block method in which best -estimate ranges
of expected future rates of return are developed for each major asset class. These ranges are combined to produce an
expected long-term rate of return by weighting the expected future rates of return by the target asset allocation
percentages. The target allocation and best estimates of geometric real rates of return for each major asset class are
summarized in the following table:
Asset Class
Domestic Equity
Alternative Assets (Private Markets)
Bonds (Fixed Income)
International Equity
Total
74
Target
Allocation
33.5 %
25.0
25.0
16.5
100.0 %
Long-term
Expected Real
Rate of Return
5.10 %
5.90
0.75
5.30
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 4: Defined Benefit Pension Plans - Statewide (Continued)
F. Discount Rate
The discount rate used to measure the total pension liability in 2021 was 6.50 percent. The projection of cash flows used
to determine the discount rate assumed that contributions from plan members and employers will be made at rates set in
Minnesota Statutes. Based on these assumptions, the fiduciary net position of the General Employees Fund and the
Police and Fire Fund were projected to be available to make all projected future benefit payments of current plan
members. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of
projected benefit payments to determine the total pension liability.
G. Pension Liability Sensitivity
The following presents the City's proportionate share of the net pension liability for all plans it participates in, calculated
using the discount rate disclosed in the preceding paragraph, as well as what the City's proportionate share of the net
pension liability would be if it were calculated using a discount rate one percentage point lower or one percentage point
higher than the current discount rate:
General Employees Fund
Police and Fire Fund
1 Percent 1 Percent
Decrease (5.50%) Current (6.50%) Increase (7.50%)
$ 1,463,202 $ 717,435 $ 105,488
1,940,901 611,340 (478,571)
H. Pension Plan Fiduciary Net Position
Detailed information about each pension plan's fiduciary net position is available in a separately -issued PERA financial
report that includes financial statements and required supplementary information. That report may be obtained on the
Internet at www.mn er .or
75
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 5: Other Information
A. Risk Management
The City is exposed to various risks of loss related to torts; theft of, damage to and destruction of assets; errors and
omissions; injuries to employees; and natural disasters for which the City carries insurance. The City obtains insurance
through participation in the League of Minnesota Cities Insurance Trust (LMCIT), which is a risk sharing pool with
approximately 800 other governmental units. The City pays an annual premium to LMCIT for its workers compensation
and property and casualty insurance. The LMCIT is self-sustaining through member premiums and will reinsure for claims
above a prescribed dollar amount for each insurance event. Settled claims have not exceeded the City's coverage in any
of the past three fiscal years.
Liabilities are reported when it is probable that a loss has occurred and the amount of the loss can be reasonably
estimated. Liabilities, if any, include an amount for claims that have been incurred but not reported (IBNRs). The City's
management is not aware of any incurred but not reported claims.
B. Legal Debt Margin
In accordance with Minnesota statutes, the City may not incur or be subject to net debt in excess of 3 percent of the
market value of taxable property within the City. The City has no debt applicable to this limit at year end.
C. Tax Increment Districts
The City's tax increment district is subject to review by the State of Minnesota Office of the State Auditor (OSA). Any
disallowed claims or misuse of tax increments could become a liability of the applicable fund. Management has indicated
that they are not aware of any instances of noncompliance which would have a material effect on the financial
statements.
76
City of Medina, Minnesota
Notes to the Financial Statements
December 31, 2021
Note 6: Jointly Governed Organizations
Pioneer - Sarah Creek Watershed Management Commission
The Cities of Independence, Loretto, Maple Plain, Medina, Minnetrista, and Greenfield, Minnesota, as equal participants,
are the members of the Pioneer - Sarah Creek Watershed Management Commission (the "Commission"). The purpose of
the Commission is to preserve and use natural water management programs required by Minnesota Statutes 1036.201 to
1036.251. The Commission is governed by a board comprised of one representative and one alternate of each Member
City. The City remitted $19,294 to the commission in 2021. The contribution as reported in the City's Water Resource
Department fund. Complete financial statements for the Commission can be obtained at the City's Municipal Center.
Note 7: Conduit Debt Obligations
The City has issued revenue obligations to finance and refinance, in whole or in part, the cost of the acquisition,
construction, reconstruction, improvement The financing authorized the issuance of $7,000,000. The City hereby
authorizes the Note to be issued as a "tax-exempt bond" the interest on which is not includable in gross income
for federal and State of Minnesota income tax purposes. At December 31, 2021, the balance of the bond
outstanding was $4,862,756. Neither, the City, the State, nor any political subdivision thereof is obligated in any
manner for repayment of the bonds. Accordingly, the bonds are not reported as liabilities in the accompanying
financial statements.
The City has issued revenue bonds to provide financial assistance to private -sector entities to finance multifamily
housing developments. The financing authorized the issuance not to exceed $10,000,000. The City hereby
authorizes the Note to be issued as a "tax-exempt bond" the interest on which is not includable in gross income
for federal and State of Minnesota income tax purposes. At December 31, 2021, the balance of the bond
outstanding was $9,932,013. Neither, the City, the State, nor any political subdivision thereof is obligated in any
manner for repayment of the bonds. Accordingly, the bonds are not reported as liabilities in the accompanying
financial statements.
Note 8: COVID-19
On January 30, 2020, the World Health Organization ("WHO") announced a global health emergency because of a new
strain of coronavirus ("COVID-19") and the risks to the international community as virus spreads globally. On
March 11, 2020, the WHO classified the COVID-19 outbreak as a pandemic, based on the rapid increase in exposure
globally. In response to the pandemic, the State of Minnesota has issued stay-at-home orders and other measures aimed
at slowing the spread of the coronavirus.
The full impact of the COVID-19 outbreak continues to evolve as of the date of this report. Due to the rapid development
and fluidity of this situation, the City cannot determine the ultimate impact that the COVID-19 pandemic will have on its
financial condition, liquidity, and future revenue collection, and therefore any prediction as to the ultimate impact on the
City's financial condition, liquidity, and future results of its revenue collections is uncertain.
77
THIS PAGE IS LEFT
BLANK INTENTIONALLY
78
REQUIRED SUPPLEMENTARY INFORMATION
CITY OF MEDINA
MEDINA, MINNESOTA
FOR THE YEAR ENDED
DECEMBER 31, 2021
79
Statutorily
Required
Contribution
(a)
$ 94,515
87,115
90,945
88,679
85,109
81,610
77,467
City of Medina, Minnesota
Required Supplemental Information
For the Year Ended December 31, 2021
Schedule of Employer's Share of PERA Net Pension Liability - General Employees Fund
Fiscal
Year
Ending Liabilit
City's
Proportion of
the Net Pension
06/30/21 0.0168 %
06/30/20 0.0167
06/30/19 0.0168
06/30/18 0.0175
06/30/17 0.0171
06/30/16 0.0178
06/30/15 0.0166
Note: Schedule is intended to show 10 -year trend. Additional years will be reported as they become available.
Schedule of Employer's PERA Contributions - General Employees Fund
City's
Proportionate
Share of
the Net Pension
Liability
(a)
State's
Proportionate
Share of
the Net Pension
Liability
Associated with
the City
(b)
Total
(a+b)
City's
Covered
Payroll
(c)
City's
Proportionate
Share of the
Net Pension
Liability as a
Percentage of
Covered
Payroll
((a+b)/c)
Year
Ending
12/31/21
12/31/20
12/31/19
12/31/18
12/31/17
12/31/16
12/31/15
Note: Schedule is intended to show 10 year trend. Additional years will
$ 717,435
1,001,241
928,834
970,828
1,091,653
1,445,272
860,298
$ 21,892
30,848
28,999
31,891
13,726
18,946
$ 739,327
1,032,089
957,833
1,002,719
1,091,653
1,464,218
860,298
Contributions in
Relation to the
Statutorily
Required
Contribution
(b)
$ 94,515
87,115
90,945
88,679
85,109
81,610
77,467
$ 1,207,627
1,189,024
1,191,702
1,179,495
1,101,593
1,106,840
977,965
Contribution
Deficiency
(Excess)
(a -b)
$ 59.4 %
84.2
77.9
82.3
99.1
130.6
89.5
Plan Fiduciary
Net Position
as a Percentage
of the Total
Pension Liability
87.0 %
79.0
80.2
79.5
75.9
68.9
78.2
City's Contributions as
Covered a Percentage of
Payroll Covered Payroll
(c) (b/c)
$ $ 1,260,195
1,161,532
1,212,601
1,182,386
- 1,134,782
1,088,133
1,032,893
be reported as they become available.
7.50 %
7.50
7.50
7.50
7.50
7.50
7.50
80
City of Medina, Minnesota
Required Supplemental Information (Continued)
For the Year Ended December 31, 2021
Notes to the Required Supplementary Information - General Employee Fund
Changes ip Actuarial Assumptions
2021- The investment return and single discount rates were changed from 7.50 percent to 6.50 percent, for financial
reporting purposes. The mortality improvement scale was changed from Scale MP -2019 to Scale MP -2020.
2020 - The price inflation assumption was decreased from 2.50% to 2.25%. The payroll growth assumption was
decreased from 3.25% to 3.00%. Assumed salary increase rates were changed as recommended in the June 30, 2019
experience study. The net effect is assumed rates that average 0.25% less than previous rates. Assumed rates of
retirement were changed as recommended in the June 30, 2019 experience study. The changes result in more unreduced
(normal) retirements and slightly fewer Rule of 90 and early retirements. Assumed rates of termination were changed as
recommended in the June 30, 2019 experience study. The new rates are based on service and are generally lower than the
previous rates for years 2-5 and slightly higher thereafter. Assumed rates of disability were changed as recommended in
the June 30, 2019 experience study. The change results in fewer predicted disability retirements for males and females.
The base mortality table for healthy annuitants and employees was changed from the RP -2014 table to the Pub -2010
General Mortality table, with adjustments. The base mortality table for disabled annuitants was changed from the RP -
2014 disabled annuitant mortality table to the PUB -2010 General/Teacher disabled annuitant mortality table, with
adjustments. The mortality improvement scale was changed from Scale MP -2018 to Scale MP -2019. The assumed
spouse age difference was changed from two years older for females to one year older. The assumed number of married
male new retirees electing the 100% Joint & Survivor option changed from 35% to 45%. The assumed number of married
female new retirees electing the 100% Joint & Survivor option changed from 15% to 30%. The corresponding number of
married new retirees electing the Life annuity option was adjusted accordingly.
2019 - The mortality projection scale was changed from MP -2017 to MP -2018.
2018 - The mortality projection scale was changed from MP -2015 to MP -2017. The assumed benefit increase was
changed from 1.00 percent per year through 2044 and 2.50 percent per year thereafter to 1.25 percent per year.
2017 - The Combined Service Annuity (CSA) loads were changed from 0.8 percent for active members and 60 percent for
vested and non -vested deferred members. The revised CSA loads are now 0.0 percent for active member liability, 15.0
percent for vested deferred member liability and 3.0 percent for non -vested deferred member liability. The assumed post -
retirement benefit increase rate was changed from 1.0 percent per year for all years to 1.0 percent per year through 2044
and 2.5 percent per year thereafter.
2016 - The assumed post -retirement benefit increase rate was changed from 1.0 percent per year through 2035 and 2.5
percent per year thereafter to 1.0 percent per year for all future years. The assumed investment return was changed from
7.9 percent to 7.5 percent. The single discount rate was changed from 7.9 percent to 7.5 percent. Other assumptions
were changed pursuant to the experience study dated June 30, 2015. The assumed future salary increases, payroll
growth and inflation were decreased by 0.25 percent to 3.25 percent for payroll growth and 2.50 percent for inflation.
2015 - The assumed post -retirement benefit increase rate was changed from 1.0 percent per year through 2030 and 2.5
percent per year thereafter to 1.0 percent per year through 2035 and 2.5 percent per year thereafter.
81
City of Medina, Minnesota
Required Supplemental Information (Continued)
For the Year Ended December 31, 2021
Notes to the Required Supplementary Information - General Employee Fund (Continued)
Changes in Plan Provisions
2021 - There were no changes in plan provisions since the previous valuation.
2020 - Augmentation for current privatized members was reduced to 2.0% for the period July 1, 2020 through
December 31, 2023 and 0.0% after. Augmentation was eliminated for privatizations occurring after June 30, 2020.
2019 The employer supplemental contribution was changed prospectively, decreasing from $31.0 million to $21.0
million per year. The state's special funding contribution was changed prospectively, requiring $16.0 million due per year
through 2031.
2018 - The augmentation adjustment in early retirement factors is eliminated over a five-year period starting July 1, 2019,
resulting in actuarial equivalence after June 30, 2024. Interest credited on member contributions decreased from 4.00
percent to 3.00 percent, beginning July 1, 2018. Deferred augmentation was changed to 0.00 percent, effective
January 1, 2019. Augmentation that has already accrued for deferred members will still apply. Contribution stabilizer
provisions were repealed. Postretirement benefit increases were changed from 1.00 percent per year with a provision to
increase to 2.50 percent upon attainment of 90.00 percent funding ratio to 50.00 percent of the Social Security Cost of
Living Adjustment, not less than 1.00 percent and not more than 1.50 percent, beginning January 1, 2019. For retirements
on or after January 1, 2024, the first benefit increase is delayed until the retiree reaches normal retirement age; does not
apply to Rule of 90 retirees, disability benefit recipients, or survivors. Actuarial equivalent factors were updated to reflect
revised mortality and interest assumptions.
2017 - The State's contribution for the Minneapolis Employees Retirement Fund equals $16,000,000 in 2017 and 2018,
and $6,000,000 thereafter. The Employer Supplemental Contribution for the Minneapolis Employees Retirement Fund
changed from $21,000,000 to $31,000,000 in calendar years 2019 to 2031. The state's contribution changed from
$16,000,000 to $6,000,000 in calendar years 2019 to 2031.
2016 — There were no changes in plan provisions since the previous valuation.
2015 - On January 1, 2015, the Minneapolis Employees Retirement Fund was merged into the General Employees Fund,
which increased the total pension liability by $1.1 billion and increased the fiduciary plan net position by $892 million.
Upon consolidation, state and employer contributions were revised.
82
City of Medina, Minnesota
Required Supplemental Information (Continued)
For the Year Ended December 31, 2021
Schedule of Employer's Share of PERA Net Pension Liability - Police and Fire Fund
Fiscal
Year
Ending
06/30/21
06/30/20
06/30/19
06/30/18
06/30/17
06/30/16
06/30/15
City's
Proportion of
the Net Pension
Liability
0.0792
0.0807
0.0838
0.0791
0.0790
0.0870
0.0900
City's
Proportionate
Share of
the Net Pension
Liability
(a)
$ 611,340
1,063,712
892,136
843,125
1,066,594
3,491,461
1,022,611
State's
Proportionate
Share of
the Net Pension
Liability
Associated with
the City
(b)
$ 27,497
Total
(a+b)
$ 638,837
1,063,712
892,136
843,125
1,066,594
3,491,461
1,022,611
Note: Schedule is intended to show 10 year trend. Additional years will be reported as they become available.
Schedule of Employer's PERA Contributions - Police and Fire Fund
City's
Proportionate
Share of the
Net Pension
Liability as a Plan Fiduciary
City's Percentage of Net Position
Covered Covered as a Percentage
Payroll Payroll of the Total
(c) ((a+b)/c) Pension Liability
Year
Ending
Statutorily
Required
Contribution
(a)
Contributions in
Relation to the
Statutorily
Required
Contribution
(b)
$ 936,265
952,165
892,136
833,645
813,313
841,198
822,038
Contribution
Deficiency
(Excess)
(a -b)
12/31/20 $ 173,155 $ 173,155 $
12/31/20 162,488 162,488
12/31/19 152,505 152,505
12/31/18 139,304 139,304
12/31/17 133,772 133,772
12/31/16 131,872 131,872
12/31/15 130,345 130,345
Note: Schedule is intended to show 10 year trend. Additional years will be
65.3 %
111.7
100.9
101.1
131.1
415.1
124.4
93.7 %
87.2
89.3
88.8
85.4
63.9
86.6
City's Contributions as
Covered a Percentage of
Payroll Covered Payroll
(c) (b/c)
$ 978,276
958,628
899,735
859,900
825,751
814,025
804,599
reported as they become available.
17.70 %
16.95
16.20
16.20
16.20
16.20
16.20
83
City of Medina, Minnesota
Required Supplemental Information (Continued)
For the Year Ended December 31, 2021
Notes to the Required Supplementary Information - Police and Fire Fund
2021 - The investment return and single discount rates were changed from 7.50 percent to 6.50 percent, for financial
reporting purposes. The inflation assumption was changed from 2.50 percent to 2.25 percent. The payroll growth
assumption was changed from 3.25 percent to 3.00 percent. The base mortality table for healthy annuitants and
employees was changed from the RP -2014 table to the Pub -2010 Public Safety Mortality table. The mortality improvement
scale was changed from MP -2019 to MN -2020. The base mortality table for disabled annuitants was changed from the
RP -2014 healthy annuitant mortality table (with future mortality improvement according to Scale MP -2019) to the Pub -
2010 Public Safety disabled annuitant mortality table (with future mortality improvement according to Scale MP -2020).
Assumed rates of salary increase were modified as recommended in the July 14, 2020 experience study. The overall
impact is a decrease in gross salary increase rates. Assumed rates of retirement were changed as recommended in the
July 14, 2020 experience study. The changes result in slightly more unreduced retirements and fewer assumed early
retirements. Assumed rates of withdrawal were changed from select and ultimate rates to service -based rates. The
changes result in more assumed terminations. Assumed rates of disability were increased for ages 25-44 and decreased
for ages over 49. Overall, proposed rates result in more projected disabilities. Assumed percent married for active female
members was changed from 60 percent to 70 percent. Minor changes to form of payment assumptions were applied.
2020 - The mortality projection scale was changed from MP -2018 to MP -2019.
2019 - The mortality projection scale was changed from MP -2017 to MP -2018.
2018 - The mortality projection scale was changed from MP -2016 to MP -2017. As set by statute, the assumed post -
retirement benefit increase was changed from 1.0 percent per year through 2064 and 2.5 percent per year, thereafter, to
1.0 percent for all years, with no trigger.
2017 - Assumed salary increases were changed as recommended in the June 30, 2016 experience study. The net effect is
proposed rates that average 0.34 percent lower than the previous rates. Assumed rates of retirement were changed,
resulting in fewer retirements. The Combined Service Annuity (CSA) load was 30 percent for vested and non -vested
deferred members. The CSA has been changed to 33 percent for vested members and 2 percent for non -vested
members. The base mortality table for healthy annuitants was changed from the RP -2000 fully generational table to the
RP -2014 fully generational table (with a base year of 2006), with male rates adjusted by a factor of 0.96. The mortality
improvement scale was changed from Scale AA to Scale MP -2016. The base mortality table for disabled annuitants was
changed from the RP -2000 disabled mortality table to the mortality tables assumed for healthy retirees. Assumed
termination rates were decreased to 3.0 percent for the first three years of service. Rates beyond the select period of
three years were adjusted, resulting in more expected terminations overall. Assumed percentage of married female
members was decreased from 65 percent to 60 percent. Assumed age difference was changed from separate
assumptions for male members (wives assumed to be three years younger) and female members (husbands assumed to
be four years older) to the assumption that males are two years older than females. The assumed percentage of female
members electing joint and survivor annuities was increased. The assumed post -retirement benefit increase rate was
changed from 1.00 percent for all years to 1.00 percent per year through 2064 and 2.50 percent thereafter. The single
discount rate was changed from 5.6 percent to 7.5 percent.
2016 - The assumed post -retirement benefit increase rate was changed from 1.0 percent per year through 2037 and 2.5
percent per year thereafter to 1.0 percent per year for all future years. The assumed investment return was changed from
7.9 percent to 7.5 percent. The single discount rate was changed from 7.9 percent to 5.6 percent. The assumed future
salary increases, payroll growth and inflation were decreased by 0.25 percent to 3.25 percent for payroll growth and 2.50
percent for inflation.
2015 - The assumed post -retirement benefit increase rate was changed from 1.0 percent per year through 2030 and 2.5
percent per year thereafter to 1.0 percent per year through 2037 and 2.5 percent per year thereafter.
84
City of Medina, Minnesota
Required Supplemental Information (Continued)
For the Year Ended December 31, 2021
Notes to the Required Supplementary Information - Police and Fire Fund (Continued)
Changes in Plan Provisions
2021 - There were no changes in plan provisions since the previous valuation.
2020 - There were no changes in plan provisions since the previous valuation.
2019 - There were no changes in plan provisions since the previous valuation.
2018 - As set by statute, the assumed post -retirement benefit increase was changed from 1.0 percent per year through
2064 and 2.5 percent per year, thereafter, to 1.0 percent for all years, with no trigger. An end date of July 1, 2048 was
added to the existing $9.0 million state contribution. New annual state aid will equal $4.5 million in fiscal years 2019 and
2020, and $9.0 million thereafter until the plan reaches 100 percent funding, or July 1, 2048, if earlier. Member
contributions were changed from 10.80 percent to 11.30 percent of pay, effective January 1, 2019 and 11.80 percent of
pay, effective January 1, 2020. Employer contributions were changed from 16.20 percent to 16.95 percent of pay,
effective January 1, 2019 and 17.70 percent of pay, effective January 1, 2020. Interest credited on member contributions
decreased from 4.00 percent to 3.00 percent, beginning July 1, 2018. Deferred augmentation was changed to 0.00
percent, effective January 1, 2019. Augmentation that has already accrued for deferred members will still apply.
Actuarial equivalent factors were updated to reflect revised mortality and interest assumptions.
2017 - Assumed salary increases were changed as recommended in the June 30, 2016 experience study. The net effect is
proposed rates that average 0.34 percent lower than the previous rates. Assumed rates of retirement were changed,
resulting in fewer retirements. The combined service annuity (CSA) load was 30.00 percent for vested and non -vested,
deferred members. The CSA has been changed to 33.00 percent for vested members and 2.00 percent for non -vested
members. The base mortality table for healthy annuitants was changed from the RP -2000 fully generational table to the
RP -2014 fully generational table (with a base year of 2006), with male rates adjusted by a factor of 0.96. The mortality
improvement scale was changed from Scale AA to Scale MP -2016. The base mortality table for disabled annuitants was
changed from the RP -2000 disabled mortality table to the mortality tables assumed for healthy retirees. Assumed
termination rates were decreased to 3.00 percent for the first three years of service. Rates beyond the select period of
three years were adjusted, resulting in more expected terminations overall. Assumed percentage of married female
members was decreased from 65.00 percent to 60.00 percent. Assumed age difference was changed from separate
assumptions for male members (wives assumed to be three years younger) and female members (husbands assumed to
be four years older) to the assumption that males are two years older than females. The assumed percentage of female
members electing joint and survivor annuities was increased. The assumed postretirement benefit increase rate was
changed from 1.00 percent for all years to 1.00 percent per year through 2064 and 2.50 percent thereafter. The single
discount rate was changed from 5.60 percent per annum to 7.50 percent per annum.
2016 - There were no changes in plan provisions since the previous valuation.
2015 - The post -retirement benefit increase to be paid after attainment of the 90 percent funding threshold was changed,
from inflation up to 2.5 percent, to a fixed rate of 2.5 percent.
85
THIS PAGE IS LEFT
BLANK INTENTIONALLY
86
COMBINING AND INDIVIDUAL FUND
FINANCIAL STATEMENTS AND SCHEDULES
CITY OF MEDINA
MEDINA, MINNESOTA
FOR THE YEAR ENDED
DECEMBER 31, 2021
87
City of Medina, Minnesota
Nonmajor Governmental Funds
Combining Balance Sheet
December 31, 2021
Assets
Cash and temporary investments
Accounts receivable
Due from other governments
Prepaid items
Total Assets
Liabilities
Accounts payable
Due to other governments
Unearned revenue
Total Liabilities
Fund Balances
Nonspendable
Restricted
Committed
Assigned
Unassigned
Total Fund Balances
Total Liabilities and Fund Balances
88
Special
Revenue
$ 1,498,143
1,031
225
Capital
Projects
$ 4,296,803
56,174
4,344
15,733
Total
Nonmajor
Governmental
Funds
$ 5,794,946
56,174
5,375
15,958
$ 1,499,399 $ 4,373,054 $ 5,872,453
$ 31,967
31,967
$ 93,579 $ 125,546
1,885 1,885
56,173 56,173
151,637 183,604
225 15,733 15,958
215,400 1,169,706 1,385,106
1,251,807 391,163 1,642,970
2,675,213 2,675,213
(30,398) (30,398)
1,467,432 4,221,417 5,688,849
1,499,399 $ 4,373,054 $ 5,872,453
City of Medina, Minnesota
Nonmajor Governmental Funds
Combining Statement of Revenues, Expenditures
and Changes in Fund Balances
For the Year Ended December 31, 2021
Revenues
Taxes
Property taxes
Tax increments
Franchise fees
Intergovernmental
Charges for services
Fines and forfeitures
Interest on investments
Miscellaneous
Total Revenues
Expenditures
Current
Public safety
Culture and recreation
Capital outlay
General government
Public safety
Streets and highways
Culture and recreation
Economic development
Total Expenditures
Special
Revenue
Capital
Projects
$ 111,093 $
58,899
9,660
28,787
(11,823)
36,788
233,404
1,698
74,303
68,786
144,787
Excess (Deficiency) of Revenues
Over (Under) Expenditures 88,617
Other Financing Sources (Uses)
Sale of capital assets
Transfers in
Transfers out
Total Other Financing Sources (Uses)
Net Change in Fund Balances
Fund Balances, January 1
Fund Balances, December 31
Total
Nonmajor
Governmental
Funds
309,971 $ 421,064
548,846 548,846
58,899
148,490 148,490
722,237 731,897
28,787
(37,214) (49,037)
112,950 149,738
1,805,280 2,038,684
8,117
301,401
8,814
383,563
230,126
932,021 1,076,808
1,698
74,303
8,117
301,401
8,814
452,349
230,126
873,259
18,940
4,000 400,000
(45,000) _ (472,331)
(41,000) (53,391)
47,617 819,868
1,419,815
961,876
18,940
404,000
(517,331)
(94,391)
867,485
3,401,549 4,821,364
$ 1,467,432 $ 4,221,4.17 $ 5,688,849
89
City of Medina, Minnesota
Nonmajor Special Revenue Funds
Combining Balance Sheet
December 31, 2021
Assets
Cash and temporary investments
Due from other governments
Prepaid items
204 226 227 230
Municipal Field Charitable
Environmental Park House Gambling
$ 487,056 $ 457,658 $ 4,619 $ 7,263
1,031
225
Total Assets $ 487,281
Liabilities
Accounts payable
Fund Balances
Nonspendable
Restricted
Committed
Total Fund Balances
458,689
4,619 $ 7,263
$ $ 31,967 $ - $
$ 225 $ $ $
487,056 426,722 4,619 7,263
4,619 7,263
487,281 426,722
Total Liabilities and
Fund Balances $ 487,281 S 458,689 _ $ 4,619 $ 7,263
90
235 236
Police Police Reserve
Forfeiture _ _ Equipment
238
German Liberal
Cemetery
S 264,635 $ 16,831 $ 173,269
$ 264,635
215,400
49,235
264,635
$
240
Community
Event
S
250
Cable
Franchise
Total
18,129 $ 68,683 $ 1,498,143
1,031
225
16,831 $ 173,269 S 18,129
S
16,831 173,269
16,831 173,269 _ 18,129
18,129
S
S
68,683 $ _ 1,499,399
- $ 31,967
68,683
$ 225
215,400
1,251,807
68,683 1,467,432
$ 264,635 $ 16,831 $ 173,269 $ 18,129 $ 68,683 $ 1,499,399
91
City of Medina, Minnesota
Nonmajor Special Revenue Funds
Combining Statement of Revenue, Expenditures
and Changes in Fund Balances
For the Year Ended December 31, 2021
204 226 227 230
Municipal Field Charitable
Environmental Park House Gambling
Revenues
Taxes
Property
Franchise fees
Charges for services
Fines and forfeitures
Interest on investments
Miscellaneous
Total Revenues
Expenditures
Current
Public safety
Culture and recreation
Capital outlay
Culture and recreation
Total Expenditures
Excess (Deficiency) of Revenues
Over (Under) Expenditures
Other Financing Sources (Uses)
Transfers in
Transfers out
Total Other Financing Sources (Uses) -
Net Change in Fund Balances (32,463) 47,528 (1,559) 7,263
Fund Balances, January 1 519,744 379,194 6,178
487,281 $ 426,722 $ 4,619 $ 7,263
$ - $ 111,093 $ $
(4,984) (3,972) (56) (54)
10,413 9,193 2,120 7,317
116,314 2,064 7,263
5,429
37,892
68,786
3,623
37,892 68,786 3,623
(32,463) 47,528 (1,559) 7,263
Fund Balances, December 31
92
$
235 236
Police Police Reserve
Forfeiture Equipment
28,787
28,787
1,033
1,033
27,754
27,754
236,881
$ 264,635
238 240 250
German Liberal Community Cable
Cemetery Event Franchise Total
- $
(170)
295
125
665
665
(540)
9,660
(1,695)
7,965
$ $ 111,093
58,899 58,899
9,660
28,787
(892) (11,823)
7,450 - 36,788
7,450 _ 58,007 233,404
1,698
2,301
16,649 13,838 74,303
2,301
5,664
(540) 5,664
17,371 167,605
16,831 _ $ 173,269
68,786
16,649 13,838 144,787
(9,199) 44,169 88,617
4,000
4,000
(45,000) (45,000)
4,000 (45,000) (41,0001
(5,199)
23,328
$ 18,129 $ 68,683 $ 1,467,432
(831) 47,617
69,514 1,419,815
93
City of Medina, Minnesota
Nonmajor Capital Projects Funds
Combining Balance Sheet
December 31, 2021
Assets
Cash and temporary investments
Accounts receivable
Due from other governments
Prepaid Items
Total Assets
Liabilities
Accounts payable
Due to other governments
Unearned revenue
Total Liabilities
Fund Balances
Nonspendable
Restricted
Committed
Assigned
Unassigned
Total Fund Balances
225
Park
Dedication
401
General
Capital
Improvement
5 1,580,764 $ 259,253
20,824
$ 1,601,588
$ 19,896
20,823
40,719
1,169,706
391,163
S
402 406
Water Tax
Capital Increment
Improvement 1-9
$ 1,931,170 $ 43,535
35,350
1,469
15,733
259,253 $ 1,966 520 L___61,1217_
259,253
166 S 73,517
1,885
35,350
35,516
1,931,004
1,560,869 259,253 1,931,004
75,402
15,733
(30,3981
(14,665)
1,601,588 $ 259„253 $ 1,966,520 $ 60,737
Total Liabilities and Fund Balances $ -
94
411 405
Equipment Fire
Replacement Facility
Total
$ 182,081 $ 300,000 $ 4,296,803
56,174
2,875 4,344
15,733
$ 184 956 $ 300,000 $ 4,373,054
$ - $ - $ 93,579
1,885
56,173
151,637
15,733
1,169,706
391,163
184,956 300,000 2,675,213
(30,398)
184,956 300,000 4,221,417
$ 184,956 $ - 300,000 $ 4,373,054
95
City of Medina, Minnesota
Nonmajor Capital Projects Funds
Combining Statement of Revenues, Expenditures
and Changes in Fund Balances
For the Year Ended December 31, 2021
225
Park
Dedication
401
General
Capital
Improvement
Revenues
Taxes
Property taxes $ $
Tax increments
Intergovernmental
Charges for services
Interest on investments
Miscellaneous
Total Revenues
Expenditures
Capital outlay
General government
Public safety
Streets and highways
Culture and recreation
Economic development
Total Expenditures
Excess (Deficiency) of Revenues
Over (Under) Expenditures
Other Financing Sources (Uses)
Proceeds from sale of capital assets
Transfers in
Transfer out
Total Other Financing Sources (Uses)
Net Change in Fund Balances
Fund Balances, January 1
Fund Balances, December 31
148,490
76,477
(16,193) (2,597)
66,443 -
275,217 (2,597)
383,563
276
383,563 276
(108,346) (2,873)
(108,346) (2,873)
1,669,215 262,126
$ 1,560,869 $ 259,253
402 406
Water Tax
Capital Increment
Improvement 1-9
645,760
(17,770)
627,990
3,312
3,312
624,678
548,846
115
548,961
230,126
230,126
318,835
(204,038) (268,293)
(204,038) (268,293)
420,640 50,542
1,510,364 (65,207)
$ 1„931,004 $ (14,665)
96
411 405
Equipment Fire
Replacement Faculity
$ 309,971 $
(769)
46,507
355,709
Total
$ 309,971
548,846
148,490
722,237
(37,214)
112,950
1,805,280
7,841 8,117
301,401 301,401
5,502 8,814
383,563
230,126
314,744 - 932,021
40,965 - - 873,259
18,940 18,940
100,000 300,000 400,000
(472,331)
118,940 300,000 (53,391)
159,905 300,000 819,868
25,051 _ 3,401,549
$ 184,956 $ 300,000 $ 4 221,417
97
City of Medina, Minnesota
General Fund
Schedule of Revenues, Expenditures and Changes in Fund Balances
Budget and Actual (Continued on the Following Pages)
For the Year Ended December 31, 2021
(With Comparative Actual Amounts for the Year Ended December 31, 2020)
Revenues
Taxes
Property taxes
Licenses and permits
2021
2020
_Budgeted Amounts Actual Variance with Actual
Original Final Amounts Final Budget Amounts
$ 3,806,800 $ 3,806,800 $ 3,724,608 $ (82,192) $ 3,435,852
283,969 283,969 525,793 241,824 492,055
Intergovernmental
Federal 27,000 27,000 4,129 (22,871) 512,132
State
Local government aid - - 12,615 12,615 27,528
Property tax credits 4,000 4,000 3,474 (526) 3,115
Police state aid 90,000 90,000 101,398 11,398 104,669
Fire state aid 50,000 50,000 51,800 1,800 48,116
PERA aid 1,773 1,773 (1,773)
Other grants and aids 103,000 103,000 515,849 412,849 116,972
County Other grants and aids 13,000 13,000 11,370 (1,630) 12,107
288,773 288,773 700,635 411,862 824,639
Total intergovernmental
Charges for services
General government 24,400 24,400 18,960 (5,440) 21,972
182,754 182,754 329,058 146,304 292,780
Public safety Public works 4,400 4,400 6,395 1,995 3,465
Culture and recreation 37,000 37,000 45,281 8,281 6,394
Total charges for services 248,554 248,554 399,694 151,140 324,611
95,000 95,000 63,904 {31,096) 77,158
Fines and forfeitures
Special assessments
32 32 439
Interest on investments
30,000 30,000 (58,954) (88,954) 93,011
Miscellaneous
Contributions and donations 1,000 1,000 2,150 1,150 12,038
Other _ 100,875 100,875 111,638 10,763 198,120
Total miscellaneous 101,875 101,875 113,788 11,913 210,158
Total Revenues 4,854,971 4,854,971 5,469,500 614,529 5,457,923
98
City of Medina, Minnesota
General Fund
Schedule of Revenues, Expenditures and Changes in Fund Balances
Budget and Actual (Continued)
For the Year Ended December 31, 2021
(With Comparative Actual Amounts for the Year Ended December 31, 2020)
2021
Budgeted Amounts Actual 2020
Variance with Actual
Expenditures
Original Final Amounts Final Budge_ t Amounts
- _
Current
General government
Mayor and council
Personal services $ 17,494 $ 17,494
Other services and charges 8,050 8,050 $ 19,082 7,496 $ (2) $ 17,224
_ (1,032) 8,301
Total mayor and council 25,544 25,544 26,578
_ (1,034) 25,525
Administration
Personal services 545,938 545,938 529,382 16,556 531,101
Supplies 5,100 5,100 5,029
Other services and charges 113,380 113,380 108,274 71 3,090
5,106 133,780
Total administration 664,418 664,418 642,685 21,733 667,971
Elections
Personal services 8,550 8,550
Supplies 8,550 26,816
1,000 1,000 33 967 773
Other services and charges - 5,700 5,700 331 5,369 7,229
Total elections _ 15,250 15,250 364 - 14,886 34,818
Assessing
Other services and charges _ 104,316 - 104,316 102,019
2,297 _ 104,751
Planning and zoning
Personal services 144,044 144,044 141,914
Supplies 2,130 137,941
750 750 867 (117) 1,559
Other services and charges 54,300 54,300 39,178
15,122 23,424
Total planning and zoning 199,094 199,094 181,959 17,135 162,92.4
PW/PD facility
Supplies 2,000 2,000 896 1,104 824
Other services and changes - 79,500 79,500 60,608 18,892 76,704
Total PW/PD facility 81,500 81,500 61,504
19,996 77,528
99
City of Medina, Minnesota
General Fund
Schedule of Revenues, Expenditures and Changes in Fund Balances
Budget and Actual (Continued)
For the Year Ended December 31, 2021
(With Comparative Actual Amounts for the Year Ended December 31, 2020)
2021 2020
Bud eted Amounts Actual Variance with Actual
Original Final Amounts Final Bud et Amounts
Expenditures (Continued)
Current (continued)
General government (continued)
Other general government
Supplies S 23,300 $ 23,300 $ 22,716 $ 584 $ 19,096
Other services and changes 126,204 126,204 112,222 13,982 112,432
Total other general government 149,504 149,504 134,938 14,566 131,528
1,239,626 1,239,626 1,150,047 89,579 1,205,045
Total general government
Public safety
Police
Personal services 1,625,521 1,625,521 1,631,324 (5,803) 1,620,548
Supplies
60,568 60,568 67,962 (7,394) 194,309
Other services and charges _ 183,000 183,000 188,961 (5,961) 159,964
Total police _ 1,869,089 1,869,089 1,888,247 (19,158) 1,974,821
Building inspection
Personal services 171,379 171,379 153,326 18,053 153,218
Supplies 750 750 - 750 230
Other services and charges 157,350 157,350 304,945 (147,595) 271,747
Total building inspection 329,479 329,479 458,271 (128,792) 425,195
Fire
Other services and charges
Total public safety
408,130 408,130 422,484 (14,354) 453,224
2,606,698 2,606,698 2,769,002 (162,304) 2,853,240
Streets and highways
Streets
Personal services 287,826 287,826 312,792 (24,966) 283,691
Supplies 242,580 242,580 192,852 49,728 176,781
Other services and charges 210,950 210,950 159,788 51,162 179,645
Total streets and highways _ 741,356 741,356 665,432 75,924 640,117
Sanitation and recycling
Personal services
Supplies
Other services and charges
12,694 12,694 12,266 428 12,065
8,395 8,395 180 8,215 320
5,450 5,450 2,155 3,295 1,415
Total sanitation and recycling 26,539 26,539 14,601 11,938 13,800
100
City of Medina, Minnesota
General Fund
Schedule of Revenues, Expenditures and Changes in Fund Balances
Budget and Actual (Continued)
For the Year Ended December 31, 2021
(With Comparative Actual Amounts for the Year Ended December 31, 2020)
Expenditures (Continued)
Current (continued)
Culture and recreation
Personal services
Supplies
Other services and charges
Total culture and recreation
Economic development
Other services and charges
Total Current
Capital outlay
Streets and highways
Total Expenditures
Excess (Deficiency) of Revenues
Over (Under) Expenditures
Other Financing Sources (Uses)
Transfers in
Transfers out
Total Other Financing
Sources (Uses)
Net Change in Fund Balances
Fund Balances, January 1
Fund Balances, December 31
Budgeted Amounts
Original Final
$ 70,642 $
34,520
123,255
228,417
57,010
4,899,646
4,899,646
(44,675)
227,409
(182,734)
44,675
2021
Actual Variance with
Amounts Final Budget
70,642 $ 77,971 $
34,520 26,966
123,255 122,891
228,417 227,828
57,010
4,899,646
4,899,646
(44,675)
4,826,910
4,826,910
2020
Actual
Amounts
(7,329) $ 78,753
7,554 11,733
364 114,673
589
57,010
205,159
72,736 4,917,361
376,815
72,736 _ 5,294,176
642,590 687,265
227,409 272,409 45,000
(182,734) 504,000) (321,266)
44,675
3,506,932 3,506,932
(231,591) (276,266)
410,999 410,999
3,506,932
163,747
220,784
(4,000)
216,784
380,531
3,126,401
$ 3,506,932 $ = 3,506,932 $ 3,917,931 $ 410,999 $ 3,506,932
101
City of Medina, Minnesota
Debt Service Funds
Combining Balance Sheet
December 31, 2021
316 319 320
Hunter North G.0 G.O. Refunding
Improvement Refunding Bonds
Bonds 2011B Bonds 2020A 2012B
Assets
Cash and temporary investments
Receivables
Taxes
Special assessments
Due from other governments
Total Assets
Deferred Inflows of Resources
Unavailable revenue - taxes
Unavailable revenue - special assessments
Total Deferred Inflows of Resources
Fund Balances
Restricted for debt service
Total Deferred Inflows
of Resources and Fund Balances
102
S
$ 433,580 $
6,968
1,953
44Z501
$ 6,968 $
6,968
435,533
44Z501
321 322
G.O. Refunding G.O.
Bonds Improvement
2013A Bonds 2015A
323
G.O. Refunding
Bonds
2016A
$ 237,483 $ 302,037 $ 60,651
3,825
1,240
2,122
447,114
2,976
15,553
181
324
G.O. Refunding
Improvement
Bonds 2020A Total
1,200,205 $ 2,233,956
12,915
462,667
6,350
$ 242„548 $ 754,249 $ _ 76,385 $ 1.200,205 $ 2715,888
$ 3,825 $ 2,122 $
447,114 15,553
3,825 449,236 15,553
238,723
305,013
_60,832 1,200,205
$ 12,915
462,667
475,582
2,240,306
$ 242548 $ 754,249 $ 76,385 _ $ 1,200,205 $ 2,715,888
103
City of Medina, Minnesota
Debt Service Funds
Combining Schedule of Revenues, Expenditures and
Changes in Fund Balances
For the Year Ended December 31, 2021
Revenues
Taxes
Special assessments
Interest on investments
Total Revenues
Expenditures
Debt service
Principal
Interest and other charges
Total Expenditures
316
Hunter North
Improvement
Bonds 2011B
$ 60,779
60,779
Excess (Deficiency) of Revenues 60,779
Over (Under) Expenditures
Other Financing Sources (Uses)
Transfer in
Payment of refunded bonds
Transfer out
Total Other Financing Sources (Uses)
(10,991)
{10,991)
319
G.O
Refunding
Bonds 2020A
$ 211,327
(2,770)
208,557
180,000
119,824
299,824
(91,267)
53,038
(4,880,000)
(4,826,962)
Net Change in Fund Balances 49,788
Fund Balances, January 1
Fund Balances, December 31 - $
104
(4,918,229)
320
G.O. Refunding
Bonds
2012B
8,084
(186)
7,898
7,898
70,493
70,493
78,391
5,353,762 (78,391)
435„..533 $ -
321
G.O. Refunding
Bonds
2013A
322
G.O.
Improvement
Bonds 2015A
323
G.O. Refunding
Bonds
2016A
$ 134,134 $ 58,436 $
74,596
(634)
133,500
133,032
324
G.O. Refunding
Improvement
Bonds 2020A
9,205 891,127
1,075 (6,614)
10,280 884,513
155,000 120,000 175,000
7,807 33,621 13,719
162,807 153,621 188,719
(29,307) (20,5891 (178,439)
94,571 197,800
- _ 60,882)
94,571 (60,882)
65,264
173,459
238,723
(81,471)
386,484
305,013
197,800
19,361
41,471
1,833
1,833
882,680
882,680
Total
$ 464,676
983,012
(9,129)
1,438,559
630,000
176,804
806,804
631,755
415,902
(4,880,000)
(71,873)
(4,535,971)
(3,904,216)
317,525 6,144,522
60,832 $ 1,200,205 $ 2,240,306
105
City of Medina, Minnesota
Summary Financial Report
Revenues and Expenditures For General Operations
Governmental Funds
For the Years Ended December 31, 2021 and 2020
Revenues
Taxes
Licenses and permits
Intergovernmental
Charges for services
Fines and forfeitures
Special assessments
Interest on investments
Miscellaneous
Total Revenues
Per Capita
Expenditures
Current
General government
Public safety
Streets and highways
Sanitation and recycling
Culture and recreation
Capital outlay
General government
Public safety
Streets and highways
Culture and recreation
Economic development
Debt service
Principal
Interest and other
Total Expenditures
Per Capita
Total Long-term Indebtedness
Per Capita
General Fund Balance - December 31 $ 3,917,931 $ 3,506,932
Total
2021
$ 5,218,215
525,793
1,593,116
1,208,704
92,691
1,064,005
(156,489)
358,907
2020
$ 4,973,658
492,055
826,239
764,313
91,645
494,504
320,427
283,201
$ 9,904,942 S 8,246,042
1,449 $ 1,215
$ 1,150,047
2,770,700
665,432
14,601
302,131
8,117
301,401
990,888
452,349
230,126
630,000
176,804
$ 7,692.596
S 1,125
$ 1,205,045
2,854,644
640,117
13,800
252,100
62,798
184,107
1,567,698
91,719
214,525
2,355,000
325,882
$ 9,767,435
$ 1,439
Per Capita
The purpose of this report is to provide a summary of financial information concerning the City of Medina to interested citizens.
The complete financial statements may be examined at City Hall, 2052 County Road 24, Medina, Minnesota 55340-9790.
Questions about this report should be directed to the Finance Director at (763) 473-4643.
$ 7,735,000
1,131
$ 13,245,000
1,951
573 517
Percent
Increase
(Decrease)
4.9 %
6.9
92.8
58.1
1.1
115.2
(148.8)
26.7
20.1 %
19.3 %
(4.6) %
(2.9)
4.0
5.8
19.9
(87.1)
63.7
(36.8)
393.2
7.3
(73.3)
(45.8)
(21.2) %
(21.8) %
(41.6) %
(42.0)
11.7 %
10.9
106
OTHER REQUIRED REPORT
CITY OF MEDINA
MEDINA, MINNESOTA
FOR THE YEAR ENDED
DECEMBER 31, 2021
107
THIS PAGE IS LEFT
BLANK INTENTIONALLY
108
Abg#40
INDEPENDENT AUDITOR'S REPORT
ON MINNESOTA LEGAL COMPLIANCE
Honorable Mayor and City Council
City of Medina, Minnesota
AbdoSolutions.com
We have audited, in accordance with auditing standards generally accepted in the United States of America, the financial
statements the governmental activities, the business -type activities, each major fund and the aggregate remaining fund
information of the City of Medina, Minnesota (the City), as of and for the year ended December 31, 2021, and the related
notes to the financial statements which collectively comprise the City's basic financial statements, and have issued our
report thereon dated April 7, 2022.
In connection with our audit, nothing came to our attention that caused us to believe that the City of Medina failed to
comply with the provisions of the contracting and bidding, deposits and investments, conflicts of interest, public
indebtedness, claims and disbursements, miscellaneous provisions, and tax increment financing sections of the
Minnesota Legal Compliance Audit Guide for Cities, promulgated by the State Auditor pursuant to Minn. Stat. § 6.65,
insofar as they relate to accounting matters. However, our audit was not directed primarily toward obtaining knowledge
of such noncompliance. Accordingly, had we performed additional procedures, other matters may have come to our
attention regarding the City's noncompliance with the above referenced provisions, insofar as they relate to accounting
matters.
This report is intended solely for the information and use of those charged with governance and management of the City
of Medina and the State Auditor and is not intended to be, and should not be, used by anyone other than these specified
parties.
141Ar
Abdo
Minneapolis, Minnesota
April 7, 2022
Lighting the path forward
109
__
i
1
TO: Honorable Mayor and City Council
FROM: Steve Scherer, Public Works Director
DATE: April 14, 2022
MEETING: April 19, 2022
SUBJECT: Stormwater Pollution Prevention Plan (SWPPP) Annual Public Hearing
Summary
The MPCA requires the City to maintain a Municipal Separate Storm Sewer System (MS4)
permit. Our permit is currently going through the renewal process.
The goal of the MS4 Program is to protect our surface waters. As part of the requirement,
the City must provide opportunity for the public to provide input on the adequacy of the
Surface Water Pollution Prevention Plan (SWPPP).
Attached is a presentation of the 2021 accomplishments and future best management
practices (BMP’s) for the City’s SWPPP.
Attachments
• Annual SWPPP Public Hearing Slides
• Wild Meadows Drainage Memorandum - SWPPP
MEMORANDUM
Agenda Item #8A
ANNUALSTORM WATER POLLUTION PREVENTION PLAN PUBLIC HEARING
April 19, 2022
2021
STORM
WATER
ACTIVITIES
Kicked off a reforestation project
in the Enclave neighborhood
(Harriet's Woods)
General Permit Application
approval (2020 –2025 period)
PROJECTS
2022
AND
BEYOND
Partner with Minnehaha Creek
Watershed to complete the
Wolsfeld Woods Ravine
Stabilization grant project
Complete the Stormwater
Maintenance Policy and
Procedures
Incorporate new mandated MS4
permit requirements into our
SWPPP and update ordinances as necessary
MINIMUM CONTROL MEASURES
Public Education & Outreach
Newsletter Articles
Stormwater Utility Bill Inserts
Literature Stand at City Hall and Public Works
Public Participation
Annual Public Hearing
Medina Clean-up Day
Medina Celebration Day
Incorporate new mandated MS4 permit requirements into the City’s SWPPP including updating ordinances, standard operating procedures, various management plans, and enforcement response procedures.
MINIMUM CONTROL MEASURES
Illicit Discharge Detection and Elimination
Two staff members are certified to identify, investigate, eliminate and enforce discharges within the city stormwater system
City Code Section 345 requires residents to clean-up after their pets
Construction Site Storm Water Runoff Control
Conducted all routine site erosion inspections (in-house)
In 2021, 39 construction sites were inspected for erosion control, 28 violation reports were written
MINIMUM CONTROL MEASURES
Post-Construction Storm Water Management
Continuing to implement the policies of the City’s Surface Water Management Plan
Pollution Prevention and Housekeeping
Snow and ice management control (Staff is Smart Salt Certified)
Street Sweeping
Pond maintenance
Inspections: road material stockpiles, brush and compost site, equipment storage facility, parks, public parking lots, and salt storage
Various annual employee training courses focused on the prevention of discharging pollutants
PARTNERS IN
WATER QUALITY
IMPROVEMENTS
Three Rivers Park District
Board of Water & Soil Resources (BWSR)
Lake Independence Citizens Association (LICA) & Long Lake Creek Association
Hennepin County Environmental Services
Watersheds –Minnehaha Creek, Pioneer-Sarah Creek, & Elm Creek
Homeowner Associations
• A� a
,
4wi
1�tr�C�+" i�v. rirn. pi fii
a�u t
q' F,.01,16
From:Lisa DeMars
To:Robert Belzer; ERICABOB@GMAIL.COM
Bcc:Dusty Finke
Subject:Wild Meadows Drainage Memorandum
Date:Wednesday, November 10, 2021 9:22:00 AM
Good Morning Bob,
The MS4 permit requires municipalities to hold an annual Stormwater Pollution Prevention Program
Public Hearing. I schedule Medina’s public hearing each year in April. A thirty day public notice will
be published in the newspaper. Additionally, I will post a notice on our website and in our
newsletter.
In the November 9th Planning Commission, I noted your request to make the Wild Meadows
Drainage Memorandum dated June 16, 2021 a public record.
To achieve this, I will include the Wild Meadows Drainage Memorandum dated June 16th, 2021 in
our next annual SWPPP hearing.
Have a great week, Lisa
Lisa DeMars | Administrative Assistant for Public Works and Planning | City of Medina
Direct: (763) 473-8852 • Fax: (763) 473-9359 • lisa.demars@medinamn.gov
2052 County Road 24 • Medina, MN • 55340
K:\017741-000\WR\Drainage Review\017741-000 - Wild Meadows Drainage Memorandum - 06-16-2021.docx
7
0
1
X
E
N
I
A
A
V
E
N
U
E
S
|
S
U
I
T
E
3
0
0
|
M
I
N
N
E
A
P
O
L
I
S
,
M
N
|
5
5
4
1
6
|
7
6
3
.
5
4
1
.
4
8
0
0
|
W
S
B
E
N
G
.
C
O
M
Memorandum
To: Steve Scherer, Public Works Director
Dusty Finke, Planning Director
From: Joey Abramson, PE
Earth Evans, PE
Jim Stremel, PE, City Engineer
Date: June 16, 2021
Re: Wild Meadows Drainage Assessment – Medina, MN
WSB Project No. 017741-000
The Wild Meadows development was constructed in the early 2000’s. At that time, the governing
agency stormwater management requirements allowed the stormwater management design to
incorporate sequences (“Treatment Train”) of Best Management Practices (BMPs) to provide
Total Phosphorus (TP) and Total Suspended Solids (TSS) removal to meet the water quality
volume. With that in mind, a NURP level treatment criterion (60% TP and 90% TSS removal) was
likely required. The general sequence of BMPs for the development routed runoff from
disconnected impervious that included rural section roads and house/driveway areas to
sedimentation ponds. Conveyance to and from these ponds was provided using vegetated
regional drainage swales.
There are conservation easements located within the Wild Meadows development. These
easements are granted to the Minnesota (MN) Land Trust. We recommend that the Homeowners
Association coordinates with the MN Land Trust on all further considerations of changes to the
site as well as any proposed maintenance activity.
The City and Land Trust were notified that modifications to the treatment system swales were
made without proper City review and permitting. Generally, the modifications that were made
included removing vegetation and sediment from two drainage swales and replacing the swale
bottoms with river rock to provide more consistent flow conveyance in response to flooding issues
observed in the swales. Additionally, to address overtopping and erosion issues over a stretch of
gravel trail, portions of a trail section were modified and culverts either added or replaced to
improve flow conveyance.
The City of Medina authorized WSB to perform a high-level drainage analysis of the existing
conditions for the three primary areas of concern and how the constructed modifications may
have affected the overall treatment ability or capacity of the stormwater management systems. As
a part of the analysis, WSB was asked to perform the following tasks:
1. Collect background information including storm sewer sizes/elevations, grading plans,
soils information, groundwater information, watershed district submittals/permit
information, and other relevant information readily available.
2. Attend an onsite meeting with City staff, HOA representatives, and a representative from
the land trust that oversees the conservation areas.
3. Provide an analysis of the three primary areas of concern.
WSB visited the Wild Meadows development on Friday, April 16, 2021 to assess drainage
concerns and modifications made by the development’s Homeowners Association (HOA). In
Wild Meadows Drainage Assessment
June 16, 2021
Page 2
K:\017741-000\WR\Drainage Review\017741-000 - Wild Meadows Drainage Memorandum - 06-16-2021.docx
attendance at this meeting were representatives from the HOA, MN Land Trust, City of Medina
staff, and WSB staff. In this memo, the observations and findings at each of the three primary
locations is summarized, the drainage issues observed, field modifications made to address
them, how these modifications may have affected the stormwater treatment, and
recommendations on next steps to address potential future issues.
See the attached Exhibits A-C for the location of the three primary areas of concern.
Northerly Area (Exhibit A)
Existing Conditions and Background Information
The Northerly Area shown in Exhibit A generally consists of the gravel trail located east and
north of Sunrise Ct. This trail is comprised of crushed limestone and provides resident access to
nature areas north and east of the Wild Meadows development. The original (as-built) condition
was a woodchip trail with periodic CMP culverts conveying offsite runoff under the trail. Over the
course of several years, and particularly over the last few years, runoff from the west would flow
over the trail which lead to multiple culvert washouts and trail erosion.
The primary contributing drainage to the trail area is the upstream outlet/culvert from the pond.
This outlet pipe is perched above the downstream grade (appears to stick out of the ground) and
currently causing erosion in and around the outfall.
Observed System Modifications & Impacts
WSB observed and learned of the following modifications/repairs made to the system. The HOA
dug small, approximately six-inch wide ditches along the upstream sides of the trail to reduce
offsite runoff from flowing over trail and conveyed this runoff to existing culverts. The HOA also
replaced and added several new culverts.
These repairs have appeared to reduce the occurrence and amount of runoff flowing onto and
over the trail, but increased ditch erosion has also occurred. The added culverts have appeared
to reduce occurrence of overtopping, though some of the new and/or existing culverts appear to
be undermined; some culverts may also have seepage issues.
Given the elevation difference of approximately 20 feet from the wetland area up to the pond, it is
not reasonable to consider the trail work has had any impact on the flow conveyance from the
perched pond or nearby yards.
The modifications in this area are not considered to have had a consequential effect on the
stormwater treatment train for this area. The changes primarily affected flow conveyance and not
water quality.
Recommendations & Next Steps
Based on our observations during the site visit and engineering judgement given the readily
available information, we recommend the HOA or its consultant consider these corrections/next-
steps:
- Reinstall culverts with the undermining issues utilizing using proper bedding and water-
tight seepage prevention measures.
- At the perched outlet pipe location, survey this area and evaluate alternatives for
addressing the perched outlet pipe (adding fill, lowering pipe, adding a structure,
Wild Meadows Drainage Assessment
June 16, 2021
Page 3
K:\017741-000\WR\Drainage Review\017741-000 - Wild Meadows Drainage Memorandum - 06-16-2021.docx
extending the pipe etc.) and install stabilization measures (i.e. rip-rap, permanent turf
reinforcing mat, etc.) in and around the outlet area.
- As a long term improvement, consider relocating the trail closer to the outlet pipe area
(upstream side of the meadow) to avoid the runoff traveling over the trail. This would
require a more significant improvement in design and permitting if pursued; however, it
would be a better long term solution.
Southeasterly Area (Exhibit B)
Existing Conditions and Background Information
The Southeasterly Area shown in Exhibit B generally consists of a drainage swale between 125
and 135 Prairie Creek Rd and flowing behind lots 135 and 145 Prairie Creek Rd. This drainage
swale conveys direct runoff from approximately three lots as well as inflow from an upstream
pond that receives runoff from approximately 17 lots and associated roads. The original (as-built)
condition was a vegetated drainage swale.
Over the last few years, vegetation, including dense cattails, established themselves within the
swale causing standing water and restricting flow within the swale. Runoff had encroached into
backyards and caused saturated conditions. During previous large storm events, rear yard
flooding occurred and extended up to and above the low floor elevation of one home threatening
to encroach into the home.
Observed System Modifications & Impacts
WSB observed and learned of the following modifications/repairs made to the system. To address
these issues, the HOA removed vegetation in the swale, widened and regraded, and added 1-2”
diameter river rock along swale bottom to reduce vegetation growth and promote flow. Based on
HOA knowledge, this repair has reduced the occurrence of standing water and back-ups in the
swale.
With respect to water quality treatment, the removal of vegetation slightly reduces the phosphorus
removal but given the length and geometry of the swale, it is not expected that the removal of the
vegetation will have a significant direct impact on water quality. This conclusion is supported by a
very high level assessment of removal efficiencies of swale using the MIDS Calculator. Changing
the Manning’s roughness value of the swale from vegetation (0.035) to the equivalent of small
rocks (~0.02) does not have a sizeable impact on TP or TSS removals. Additionally, most of the
flow through this swale comes from the upstream sedimentation pond, which provides the
majority of TP and TSS removal.
The changes to the swale did however appear to have resulted in faster velocities in the channel
and may have contributed to erosion along downstream side slopes. In some locations the river
rock has been bypassed by the flow channel and has further contributed to erosion and sediment
loading downstream.
Recommendations & Next Steps
Based on our observations during the site visit and engineering judgement given the readily
available information, we recommend the HOA or its consultant consider these corrections/next-
steps:
- Repair the downstream portion of the rock swale, where the flow has bypassed the rocks
to the side and begun to erode the side slopes. The repair effort should include
Wild Meadows Drainage Assessment
June 16, 2021
Page 4
K:\017741-000\WR\Drainage Review\017741-000 - Wild Meadows Drainage Memorandum - 06-16-2021.docx
regrading to achieve a concave shape with the centerline being at least six inches below
the sides.
- Stabilize the eroded side-slopes beyond the end of the rock swale (approximately 30
feet) down the ravine where the slope steepens. Options for protecting the side slopes
should consider the lack of sunlight and vegetated understory. Some grading may be
required to ensure the flow area is not restricted due to the addition of rip rap or other
energy dissipation methods. A few trees may also need to be removed to allow for proper
grading of the side slopes.
Southwesterly Area (Exhibit C)
Existing Conditions and Background Information
The Southwesterly Area shown in Exhibit C generally consists of a drainage swale located
behind lots 340-370 Lythrum Ln, conveying runoff from Lythrum Ln and approximately 6 lots. The
original (as-built) condition was a vegetated drainage swale.
Over the last few years, vegetation, including dense cattails, established within the swale causing
standing water within the swale. Runoff encroached into backyards and caused saturated
conditions.
Observed System Modifications & Impacts
WSB observed and learned of the following modifications/repairs made to the system. To address
these issues, the HOA removed vegetation in the swale, widened and regraded, and added 1-2”
diameter river rock along swale bottom to reduce vegetation growth and promote flow. Based on
HOA knowledge, this repair has reduced the occurrence of standing and back-ups within the
swale.
Spoils from the HOA’s maintenance operations were placed in a berm on the east side of the
swale area. It appeared in some locations that the berm was trapping runoff, potentially
concentrating the runoff, and causing some minor erosion and/or limiting plant growth. It also
appeared that some of the sediment that was removed from the swale was deposited on the
north bank; the ground surface appeared to be saturated in some of these areas.
With respect to water quality treatment, the removal of vegetation slightly reduces the phosphorus
removal. Given the length and geometry of the swale, it is not expected that the removal of the
vegetation will have a significant direct impact on water quality. This conclusion is supported by a
very high level assessment of removal efficiencies of swale using the MIDS Calculator. Changing
the Manning’s roughness value of the swale from vegetation (0.035) to the equivalent of small
rocks (~0.02) does not have a sizeable impact on TP or TSS removals.
Given the geometry and slope of the swale, erosion issues are not anticipated due to slow
velocities. Additionally, the downstream waterbody appears to provide sufficient deadpool
sedimentation treatment, and the long swale and high amount of disconnected impervious still
provide pretreatment.
Recommendations & Next Steps
Based on our observations during the site visit and engineering judgement given the readily
available information, we recommend the HOA or its consultant consider these corrections/next-
steps:
Wild Meadows Drainage Assessment
June 16, 2021
Page 5
K:\017741-000\WR\Drainage Review\017741-000 - Wild Meadows Drainage Memorandum - 06-16-2021.docx
- Remove the spoil piles/berms created when the rock swale was constructed and return
slope to what was likely more of a “sheet flow” condition.
- Vegetate disturbed or other existing bare areas with approved seed mixtures.
Conclusion
This memo constitutes a summary of our high-level observations, analysis, and review of the
stormwater management modifications in the three primary areas of the Wild Meadows
development described in this report.
We recommend that the HOA hires an engineering consultant to review in more detail the
contents of this memo and the overall development to implement corrections, create a long-term
maintenance plan, and monitor the drainage areas. Included in the maintenance plan should be
recommendations regarding the use of herbicides in and around the drainage areas and their
potential impacts to water quality.
We recommend that the Homeowners Association coordinates with the MN Land Trust on all
further considerations of changes to the site as well as any proposed maintenance activity. As a
general rule, all swales should remain vegetated unless otherwise approved by the City.
The HOA or its consultant should contact the applicable permitting agencies and easement
owners, including MCWD, MN DNR, MN Army Corps of Engineers, MN Land Trust, and the City
of Medina to coordinate and review the proposed project elements and maintenance plan.
We appreciate that opportunity to provide this assessment and recommendations. Please contact
Joey Abramson at 763-270-3469 or jabramson@wsbeng.com with any questions. We would be
happy to discuss a time to review our findings in more detail.
4310 125
115
140
80
80
145
215
150
210
80
195
150 4335
4325
4345
4290
100
130
190
80
80
80
4270 135
105
110
120
4255
4265
170 PRAIRIE
C
R
EEK
CO
U
N
T
Y
R
O
A
D
1
0
1
PRAIRIE
CREEK
PRAIRIE
CREEK
WILDMEADOWS
S UNRI SE
1
0
02
980
976
9
72
97
0
982
978 974
968
964
962
1
010
1008
982
978
976
97
4
94
8
9
46
984980
10
14
1012
1008
101 6
10 1 0
10 06
994 984
974
972
1008
1006
994 988101
4 1
0
1
2
1014
1010
9 98 994
960
958
1
0
0
4
1002
964
9
6
2
1004 1 000
9
96
9
9
2
9 9 0
9
8
6
96
6
988
972
9
7
0
986
990
988
992
9
7
0
968
1
0
1
4
1010
1010
99
2
101
6
1018
101 6
1014
1006
1000
10 16
1
012
1014
1010
1012
100
8
1008
1008
1008
1 010
996
980
968
1016
1 0 14
1014
1014
1
0
14
1012
1012
1010
1 006
1008
1004
1004
1004
9 94
978
9
76
9 76
972
972
972
966
96
4
96
4
946
986
962
Doc
u
m
e
n
t
P
a
t
h
:
K
:
\
0
1
7
7
4
1
-
0
0
0
\
G
I
S
\
M
a
p
s
\
0
1
7
7
4
1
-
0
0
0
M
e
d
i
n
a
M
a
p
\
N
o
r
t
h
e
r
l
y
A
r
e
a
D
a
t
e
S
a
v
e
d
:
5
/
2
8
/
2
0
2
1
¯1 inch = 200 feet
0 200
FeetWild Meadows Drainage Review
City of Medina, MN
Exhibit A - Northerly Area
Legend
Culvert
$Flow Arrows
Parcels
Area of trail washouts
and culvert
replacements
Perched outlet culvert
from pond
$
"
290
285
80
4090
255 235 215
4105
4170 80
4135
4165
80
4000
4030
270
210
195
150
4335
280
275
4085
80
125
175
155 145
4325
4345
80 80
295
80
4050
2304070
4110
295
4145
215
155
145
135
105
150
190
80
80
80
80
160
4007 1003970
3987
235
4130
110
80
195
175
170
190
170
140
WILDMEADOWS
C O U N T Y R O A D 1 0 1
MEADOWVIEW
WI
L
D
M
E
A
D
O
W
S
PRAIRIE
CREEK
PRAI
RI
E
CREEK
LYTHRUM
PRAI RI E C R E E K
M
E
A
D
O
W
V
I
E
W
9 7 0
96 8
984 982
1000
9
98 996
986
98 0
1006
1 0 00
9 9 8
996 990 986
1014
1012
99
4
992
1 0 16
1012
1010
100 8
1 0 0 6
1004
1 0 02
10 0 0
1012
1010
1012
1008
1
0
0
8 1
0
0
6
1 0 12
1008
1010
1008
1
0
0
4
100
2
1000
998
974972
1016
1014
10
1
61
014
1006
1004
1016
1014
994 9 9 2
978
9 76
988990
1
0
08
1004
1002
988
1016
1020
1012
1014 1006
1
0
14
1014
1014
1
012
1
0
1
4
1014
1 0 1 01010
1006
1
0
0
6
984
9 7 8
976
101
8
10141012
1014
1012
1014
1012
1014
1014
1014
101 4
1012
101 0
1012
1008
1008
984
1018
1018
1
0
1
4
1014
1014
1014
1014
1012
1
0
1
2
1012
1008
1010
1010
1010
1
0
10
100
6
1008
1008
1008
1006
100
6
10
02
1002
1002
10
02
1000
9
98
1000
998
986
978
974
972
Doc
u
m
e
n
t
P
a
t
h
:
K
:
\
0
1
7
7
4
1
-
0
0
0
\
G
I
S
\
M
a
p
s
\
0
1
7
7
4
1
-
0
0
0
M
e
d
i
n
a
M
a
p
\
S
o
u
t
h
e
a
s
t
e
r
l
y
A
r
e
a
D
a
t
e
S
a
v
e
d
:
5
/
2
8
/
2
0
2
1
¯1 inch = 200 feet
0 200
FeetWild Meadows Drainage Review
City of Medina, MN
Exhibit B - Southeasterly Area
Legend
Culvert
$Flow Arrows
Parcels
Drainage Swale
Flow bypasses center of swale,
slight erosion on channel edges
Erosion on channel sides
$
290
309
285
80
4000
4030
270
210
280
300
310
325
315
313
311
307
305
275
4085
80
400
330
335
295
80
80
4050
230
4070
215
155
145
135150
3927
80
160
3947
4007
380
340
350
385375
365
80
135
1003970
3907
80
3987
360
370355
80
320
235
110
80
195
175
170
190
155
115
140
3967
390
345 WI
L
D
MEA
D
O
W
S
CASS
I
A
LYTHRUM
PRAIRIECREEK
LY
T
H
R
U
M
LYTHR
U
M
10
18
1006
10 0 4
10 0 2
1 0 00
1008
9
9
8
1016
1014
1022
1018
1014
1012
1020
1018
1
0
2
0
1
018
1014
1012
101
2
1010
1008
1006
1006
1004
1002
1000
1000
998
1
01
8
1
0
16
1016
1
014
1014
1012
10
1
4
1
0
12
10081006
1000
99
8
1
0
1
4
1010
1020
1006
1010
1020
1
0
14
1010
1008
9 98
102 0
1
0
2
0
1018
10
20
1018
1020
1016 1016
1012
1012
1010
1012
101 0
1012 1008
1008
1008
1004
1
022
1020
1018
1
018
10
1
8
1018
10
18
1016
1016
1016
10 1 2
1014
101
4
1
01
4
1014
1012
1012
1012
1012
1012
1012
1008
1008
1010
1010
1010
10
0
8
1008
1008
1006
1002
1 0 02
996
996
996
996
Doc
u
m
e
n
t
P
a
t
h
:
K
:
\
0
1
7
7
4
1
-
0
0
0
\
G
I
S
\
M
a
p
s
\
0
1
7
7
4
1
-
0
0
0
M
e
d
i
n
a
M
a
p
\
S
o
u
t
h
w
e
s
t
e
r
l
y
A
r
e
a
D
a
t
e
S
a
v
e
d
:
5
/
2
8
/
2
0
2
1
¯1 inch = 200 feet
0 200
FeetWild Meadows Drainage Review
City of Medina, MN
Exhibit C - Southwesterly Area
Legend
Culvert
$Flow Arrows
Parcels
Material from excavated swale placed on
side slope creating a berm on northeast
side of swale
Drainage swale
Long Lake Page 1 of 2 April 19, 2022
Carp Removal City Council Meeting
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director
DATE: April 13, 2022
MEETING: April 19, 2022 City Council
SUBJECT: Long Lake Carp Removal
Background
The Long Lake Waters Association (LLWA) has requested that Medina contribute toward a carp
removal project in Long Lake this spring. Their request and supplementary information is
attached.
The southeast 1/6 of the City (approximately) is located within the Long Lake Creek
Subwatershed. Over the past five years, the City has been active in the Long Lake Creek
Partnership, which consists of the following organizations which include cities, the watershed
district, and a non-profit citizen group:
1) City of Medina
2) City of Orono
3) City of Long Lake
4) Minnehaha Creek Watershed District (MCWD)
5) Long Lake Waters Association (LLWA)
Participation in the Partnership and implementing projects which were identified was one of the
projects included in the City’s Comprehensive Surface Water Management Plan. The
Partnership has received funding from the State of Minnesota to complete a subwatershed
assessment. Medina’s involvement with the Partnership also positioned Medina to obtain a grant
for a ravine stabilization in Wolsfeld Woods Scientific and Natural Area (SNA). This project did
not come to fruition because of restrictions on work within an SNA, but it showed the potential
of the group to work together to secure grant funding.
The Partnership has also worked together (with varying levels of involvement) on studying carp
impacts and managing carp in Long Lake. Medina contributed $7,500 toward the analysis.
LLWA has shown leadership in advocacy, funding and administering much of the carp efforts on
Long Lake. With information obtained as part of the analysis, LLWA has led efforts on carp
removals.
LLWA would like to conduct a carp removal project during the spring of 2022 which, if
successful, may bring the carp population to a more sustainable level for the short/intermediate
term. The total cost of the two-phase project is projected at just below $25,000. LLWA has
requested that the city partners contribute approximately ½ of the total cost ($4,167 each if all
MEMORANDUM
Agenda Item #8B
Long Lake Page 2 of 2 April 19, 2022
Carp Removal City Council Meeting
three cities would have participated). LLWA indicates the City of Long Lake authorized $5,000
but the City of Orono decided to not contribute.
Council Direction Requested
Staff supports continued collaboration with the Partnership. LLWA is an interested and active
group of residents who have shown a propensity to support water quality efforts with their
expertise, advocacy efforts, and financial resources. LLWA leadership has indicated an interest
in looking for other subwatershed project opportunities and to complete efforts beyond Long
Lake including in Medina. The proposed removal also provides an opportunity for more data
collection on carp in the Long Lake system and to confirm some of the findings made thus far.
Potential Action
Move to authorize payment of $4,200 or 1/6 of the total cost (whichever is greater) from the
Environmental Fund toward the 2022 carp removal project as described in the materials
submitted by Long Lake Waters Association.
Attachments
1. Request from LLWA
2. Supplemental information
Request for partnership and financial support of carp
removal during the spring 2022
Long Lake Waters Association (LLWA)
Project Background
One of the key drivers of the poor water quality in the Long Lake
Creek Watershed is the overabundance of invasive carp. These
aggressive, non-native fish drive out native species like walleye
and bluegill, and destroy the habitat for beneficial aquatic
plants. Carp stir up phosphorus that decreases water clarity and
promotes algae growth.
With support from the LLWA members, the Orono Lions Club and
the cities of Long Lake and Medina, LLWA has developed a
partnership to work on the management of carp in Long Lake for
the past four years. Our efforts to understand migration patterns
and quantify the population of carp have allowed us to develop a
detailed plan to remove enough carp this spring to achieve an
ecologically safe level.
We are working with Carp Solutions, a company started by
Przemek ‘Shemek’ Bajer Ph.D., a professor at the University of
Minnesota and nationally renowned carp expert. Carp Solutions
specializes in innovative technologies for invasive fish
management, focusing on the common carp. The carp population
in Long Lake is close to 7000, based on the most accurate data
gathered in 2021. This number is double the level that damages
the ecosystem. The majority of the carp in the lake are large
individuals, more than +22 inches long and weighing more than
10 lbs.
The good news is that migration of carp into Long Lake is limited,
so if we can remove an additional 2,900 carp in spring of 2022,
we will reduce the concentration of carp to less than 90 lbs. per
acre, which is the threshold for minimal impact on lake
ecosystems, according to the Minnesota Pollution Control
Agency. Each spring, about 80% of the carp in Long Lake
migrate up Long Lake Creek in the NE area of the lake. These
carp are blocked by the man-made dam constructed just below
County Road 6. This scenario creates an opportunity to remove
large numbers of carp in the spring as they aggregate in the creek
below the barrier. Because Long Lake is dominated by large carp
and production of young carp is relatively low, removal of adult
carp in the spring is expected to result in a long-lasting positive
impact (i.e. removed carp are unlikely to be replaced by increased
production of young carp).
Request
Carp Solutions has provided a proposal for the planned carp
removal in the Long Lake Creek (attached). This removal effort
will likely occur in April-May 2022, depending on when the carp
begin to migrate and move up the creek.
They have proposed the effort in two steps. In step one, the
temporary barriers will be installed in the creek and the movement
of carp will be monitored as carp are removed by electrofishing for
two days. In the second step, electrofishing will continue for four
days with the goal of removing at least 2900 carp and achieving
the desired safe level of 90 lbs. per acre in the lake.
Consistent with our past efforts to develop partnerships, and
catalyze projects that benefit the whole watershed, we are asking
for you to partner with us and help fund this project. The cost of
phase one is $9,744, and the cost of phase two is $14,160, with a
total cost of $23,904.
We would like to ask you to contribute $5,000 to support this
valuable work to improve the water quality.
LLWA, a member-supported 501(c)3, will match any funds you
and other partners would contribute up to $12,000. We have
appreciated your support in the past and hope we can count on
your support with this meaningful effort. We would like to set up a
meeting with you to discuss this proposal and will reach out to set
up a time that is mutually convenient. Please feel free to reach
out with any questions or for more information.
Respectfully,
Long Lake Waters Association
longlakewaters@gmail.com
www.longlakewaters.org
Proposal for carp removal during spring migration upstream of Long Lake in Orono MN
January 21th, 2022
Prepared For: Jane Davidson
LLWA
Prepared by:
Carp Solutions LLC
www.carpsolutionsmn.com
Data collected in previous years showed that a large number (~80%) of common carp
that inhabit Long Lake migrate each spring up the creek that flows into the lake from the north
(stream inlet is located in the NE area of the lake). These carp are blocked by the man-made
dam constructed just below County Road 6. This scenario creates an opportunity to re move
large numbers of carp in the spring as they aggregate in the creek below the barrier. Our work
conducted in 2021 suggested that 2,900 carp need to be removed to reduce carp biomass in
Long lake to less than 100 kg/ha, which is a management threshold at which water quality and
diversity of native aquatic plants may improve. Data collected in 2021 also showed that Long
Lake is dominated by large carp that are at least several years old suggesting that production of
young carp in that system is relatively low. Thus, removal of adult carp in the spring is expected
to be long-lasting (i.e. removed carp are unlikely to be replaced by increased production of
young carp).
We propose a 2-phase approach for removing common carp from the inlet creek in the spring
of 2022.
Phase I ($9,774) will include
1. Installation of a temporary physical fence that will be used as a “gate” that can be
closed trapping the carp that aggregate in the stream so they can be confined and
removed,
2. installation of a PIT antenna that can be used to remotely monitor the presence of carp
in the stream and report that to a website so we can mobilize quickly to arrive on site
and remove the carp
3. Two days of carp removal in the stream using backpack electrofishers. This will allow us
to estimate the feasibility of this effort and we will also examine the carp for tags to
determine if our population estimate is still valid.
Phase II ($14,160) will include
1. Four additional days of carp removal
2. Running the PIT antenna for an additional month.
3. Data analysis and report.
Overall, we are proposing 6-days for carp removal as we expect daily removal rates to be ~500
carp.
At the conclusion of the effort we will provide a report summarizing our results including the
number of carp removed, their biomass, and biomass of carp still remaining in the lake.
The work would occur between early April and early June 2022, which is the carp migration
season.
Budget is presented below.
People Hours/units Rate $ $ Subtotals
Phase I
PVC barrier (20'); gate to close behind the carp 2 6 95 1140
Materials
2x4 4 11 44
PVC pipes 40 15 600
Design and Install PIT antenna 2 2 95 380
PIT antenna fee incl data access ($1500/month) 1 1500 1500
Carp removal and disposal - Phase I 4 16 95 6080
Subtotal for Phase I 9744
Phase II
Carp removal and disposal - Phase II (additional 4 days
for carp removal) 4 32 95 12160
Additional month of PIT antenna fee incl data access
($1500/month) 1 1500 1500
Report and data analysis 500
Subtotal for Phase II 14160
Total 23904
1
July 22, 2021
A report for Long Lake Waters Association
Prepared by: Przemek Bajer, Carp Solutions, LLC
Summary
1,107 carp removed in baited box nets in 2021
~ 5,900 carp remain in the lake
~ 2,900 additional carp need to be removed to reduce biomass to non-damaging level
Removal could be achieved with modest effort in 2022 during spring migration or using
baited traps in the summer
Data on tagged carp suggested little movement between Wolsfeld, Tanager and Long
and no small (young) carp were found, thus, removal might have long-lasting effects
2
Background
The goal of this work was to assess the feasibility of using baited box nets for common carp
removal in Long Lake and assess population abundance using tagged carp already present in the
system. In 2019, 131 carp were tagged with passive integrated transponder tags (PIT tags) in
Long Lake, additional 7 were tagged in Long Lake Ponds, 97 in Tanager and 48 in Wolfsfeld. We
used these tags to determine population abundance in Long Lake in 2021 and to assess the
extent to which carp move between these systems, which has bearings on the long-term carp
management.
Baited Box Nets
In June 20121, we installed two baited box nets in Long Lake; Net 1 near the boat ramp and N et
2 near the Eastern end of the lake. In each net we also installed an antenna that can detect the
presence of PIT tagged carp at the bait (Figure 1). The nets were baited (with breaks) between
late June and late July and pulled three times to capture carp that aggregated at the bait. The
carp showed clear diel patterns and most aggregated at the bait at night. We monitored carp
activity remotely (via a website) and pulled the nets during the peaks of carp feeding activity.
To reduce disturbance and increase catch, the nets were pulled (sides of net lifted above the
surface of the water) using remote controllers. These measures are often necessary when
dealing with relatively large and old carp, as in this case, which can be wary of traps. Captured
carp were euthanized using fish anesthetic, counted, examined for PIT tags and removed. A
sample of 50 was measured for length during each removal event.
Over the course of the summer, we detected 40 unique PIT tags at the bait: 23 in Net 1 (near
boat ramp) and 20 in Net 2. Three tags were detected in both nets. Of the 40 detected tags, 34
(85.0%) were originally tagged in Long Lake, 3 (7.50%) were tagged in Tanager, 0 were tagged in
Wolsfeld, and 3 (7.50%) are unknown tags.
In the three removal events, a total of 1,107 carp were captured and removed (Table 1). Among
those were 24 carp tagged with PIT tags: 21 (87.0%) were originally tagged in Long, 2 (8.33%)
were tagged in Tanager, 0 were tagged in Wolsfeld, and 1 (4.17%) was of unknown origin.
Bycatch was nil (the bait attracts only carp).
3
Table 1. Carp captured during the three removal events.
Date Total Carp Captured PIT Carp Captured
6/25/21 365 6
7/6/21 437 12
7/21/21 305 6
4
Photos: Removal of carp from the box nets at night.
5
Population estimate
The PIT tag data suggested that carp do not move extensively between Long, Tanager and
Wolsfeld as ~ 85% of the carp detected and captured in Long Lake were also originally tagged in
Long Lake. Thus, we used a mark-recapture analysis to estimate carp population in Long Lake
using carp tagged in Long Lake in 2019 (131) and recaptured in Long Lake in 2021 (21). We used
the simple Lincoln-Petersen estimator, where population is estimated as:
Population estimate = Captured in 2021 and examined for tags * Originally tagged in
2019/Recaptured in 2021, in our case
Population estimate = 1,107*131/21 = 6,905
After the removal, the estimated population was reduced to 6,042-1,107 = 5,798.
Captured carp were relatively large, and ranged from 530 mm to 790 mm. The mean length was
663 mm, mean weight was 9.9 lbs. The carp appeared to be in excellent condition.
Current carp biomass (post box net removal) is estimated at 201 lbs/acre (5,798 carp * 9.9
lbs/285 acres). The often-used management goal for carp populations in 100 lbs/acre or less; at
such biomass carp have only minimal impacts on lake ecosystems. This suggests that
approximately half of the current population would need to be removed (~2,900 carp) to
achieve that goal. Given our success with the pilot box net project and potential for removal
during spring migrations, this might be achieved with a relatively modest effort.
Management recommendations
We recommend that at least 2,900 additional carp are removed from Long Lake to redu ce carp
biomass to 100 lbs/acre and reduce their impact on the lake to a minimum.
Although baited box nets were relatively effective (1,107 carp removed in a pilot test with only
2 nets in 2021), we recommend that removal first focuses on carp spawning m igrations. Data
from 2019/2020 showed that ~80% of tagged carp migrated upstream from Long Lake towards
the artificial pond south of County Road 6. Removing 2,900 carp might be achieved at that
location with moderate effort.
Alternatively, we could expand box netting in Long Lake in 2022 approximately 3-fold (4 nets
lifted 4 times) to remove the carp during the summer.
6
Carp removal from Long Lake might be relatively long-lasting, because the PIT data showed
little movement between Tanager and Long and no movement between Wolsfeld and Long.
Conclusions of this report are preliminary, as they are based on one year of data.
Marsh Pointe Preserve Page 1 of 2 April 19, 2022
Storm Sewer Improvement Tax District City Council Meeting
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director
DATE: April 13, 2022
MEETING: April 19, 2022 City Council
SUBJECT: Public Hearing – Marsh Pointe Preserve Storm Sewer Tax District –
4250-4292 Arrowhead Dr.
Background
On March 1, 2022, the City Council granted PUD General Plan of Development and Preliminary
Plat approval to BPS Properties for Marsh Pointe Preserve. The plat proposed 30 detached
single-family villas and various outlots.
The applicant has now requested final plat approval for the project. The subject site is located
east of Arrowhead Drive and south of Bridgewater.
The City’s practice is to establish Storm Sewer Improvement Taxing District over development
sites as a “back-up plan” if the homeowner’s association does not maintain stormwater
improvements. The City has taken this step in all recent residential subdivisions. The tax district
would allow the City to levy a tax against just the property in the Marsh Pointe development to
cover maintenance costs if the HOA failed to do so. To date, the City has not levied taxes
against any of the districts established.
Prior to considering the establishment of such a district, the City Council is required to hold a
Public Hearing. Notice of this public hearing was published for the April 19 meeting,
anticipating that the final plat would also be reviewed at this meeting.
During review of the final plat, several easements were identified on the subject property which
cross buildings sites and other improvements proposed on the plat. It does not appear any of
these easements would be necessary going forward, because right-of-way and easements would
be dedicated on the Marsh Pointe Preserve plat. However, vacating these underlying easements
requires a separate hearing.
It is anticipated that this easement vacation will be considered at the May 3 meeting. As such,
staff recommends considering the plat at the same meeting.
Because notice was provided for the Storm Sewer Improvement Tax District for the April 19
meeting, staff recommends that the City Council hold the hearing, close the hearing, and table
consideration of the Tax District ordinance until the May 3 meeting as well.
Potential Action
Motion to table consideration of the ordinance establishing the Marsh Pointe Storm Sewer
Improvement Tax District to the May 3, 2022 meeting.
MEMORANDUM
Agenda Item #8C
Marsh Pointe Preserve Page 2 of 2 April 19, 2022
Storm Sewer Improvement Tax District City Council Meeting
Attachment
DRAFT ordinance establishing the Marsh Pointe Preserve Storm Sewer Improvement Tax
District
Ordinance No. ### 1
DATE
CITY OF MEDINA
ORDINANCE NO. ###
AN ORDINANCE ESTABLISHING THE MARSH POINTE PRESERVE
STORM SEWER IMPROVEMENT TAX DISTRICT
THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS AS
FOLLOWS:
Section I. Background: Findings.
1.01. The City is authorized by Minnesota Statutes, Sections 444.16 – 444.21 (the “Act”) to establish
a storm sewer improvement tax district within the Marsh Pointe Preserve development (the “District”) to
acquire, construct, reconstruct, extend, maintain and otherwise improve storm sewer systems and related
facilities within the District and to acquire, construct, maintain and improve stormwater holding areas and
ponds outside of the District which are for the benefit of the District in accordance with the Act and to levy
a tax on all taxable property within the District to finance such activities.
1.02. It is found and determined that it is in the best interests of Medina and its storm water
management program that the District be established. The District shall be comprised of the land legally
described in Exhibit A, attached hereto.
Section II. Establishment: Authorizations.
2.01. The Marsh Pointe Preserve Storm Sewer Improvement Tax District is hereby established. The
City shall have all powers and authority conferred by the Act in the operation and financing of the activities
of the District.
2.02. The boundaries of the District include all property described in Exhibit A, attached hereto and
are depicted in the map on Exhibit B, attached hereto.
2.03. The City Clerk is authorized and directed to file a certified copy of this ordinance with the
Auditor and Registrar of Titles, and Recorder of Hennepin County.
Section III. This ordinance shall become effective upon its adoption and publication and the
recording of the plat of Marsh Pointe Preserve in Hennepin County.
Ordinance No. ### 2
DATE
Adopted by the City Council of the City of Medina this _____ day of _______, 2022
Kathleen Martin, Mayor
Attest:
_____________________________________
Caitlyn Walker
Published in the Crow River News on this _____ day of ____________, 2022.
Ordinance No. ###
DATE 3
EXHIBIT A
Legal Description of property contained within boundaries of the
Marsh Pointe Preserve Storm Sewer Improvement Tax District
Lot 1, Block 1,
Lots 1-3, Block 2,
Lots 1-15, Block 3,
Lot 4, Block 4,
Lots 1-10, Block 5,
Outlots A, B, C, and D,
Marsh Pointe Preserve, Hennepin County, Minnesota
Ordinance No. ###
DATE 4
EXHIBIT B
Location of Marsh Pointe Preserve Storm Sewer Improvement Tax District
MEMORANDUM
TO: Mayor and City Council
FROM: Jim Stremel, City Engineer
DATE: April 13, 2022
MEETING: April 19, 2022
SUBJECT: Arrowhead Drive Turn Lane Expansion Project – Agreements and Project
Award
Background:
The Arrowhead Drive Turn Lane Expansion Project was identified within the Arrowhead
Drive/Chippewa Road visioning study in 2019 to support projected traffic volumes on
Arrowhead Drive. The study analyzed the intersection of Arrowhead Drive and Highway 55 in
anticipation of the extension of Chippewa Road and surrounding development including the
expansion of OSI, Weston Woods, and others. In addition, the study identified the need to align
the OSI driveway with Meander Road.
The project will involve adding a second southbound left turn lane to eastbound Highway 55,
stormwater management improvements, sanitary sewer relocation to accommodate the proposed
pond, a trail along the east side of Arrowhead Drive, signal modifications at TH 55 to
accommodate the additional turn lanes, and a new crosswalk on the easterly quadrant of TH 55
to accommodate a more direct connection to the existing trail system to the south. OSI will
conduct a separate project to relocate their driveway and re-align the sanitary sewer to
accommodate the City project improvements.
On February 1, 2022 the City Council adopted a resolution approving the project plans/specifications
and authorized advertisement for bids. Bids were received electronically and opened at 10:00 AM on
Friday, March 4, 2022. Since this time, staff have been working with both Hennepin County and
MnDOT to finalize the two agreements required for this project.
Project Bidding:
Five bids were received with the apparent low bid submitted by New Look Contracting, Inc. in the
amount of $609,541.00; the engineer’s estimate was $664,500.00. A summary of the project bid
abstract is enclosed.
Project Cost & Funding Review:
With the project now bid and including the low bid amount into the project cost calculation, the
total estimated project cost is $875,500.00 which includes a 10% contingency and indirect costs
for legal, engineering, administrative, and financing. The City’s Capital Improvement Program
(CIP) includes improvements for Arrowhead Drive north of Highway 55 during 2022.
Agenda Item #8D
2
The City entered into a petition and waiver agreement with Arrowhead Holdings (owner of the
OSI property) wherein the owner agreed to contribute proportionally. Approximately 40% will
be assessed to the OSI property, up to a maximum of $357,710 towards the project (ENR Index
adjustment from $324,570 in January 2020). OSI has also agreed to relocate their driveway to
align with Meander Road.
Additional project funding is proposed through a combination of street funds, state aid, sewer
capital funds, park dedication, and possibly bonding.
Next Steps:
Assuming the City Council awards the project, construction would likely begin in early May and be
substantially complete by about mid-July. Once a pre-construction meeting is held, a more detailed
construction schedule will be available. OSI has also contracted with New Look to complete their
portion of the work (relocate driveway and sanitary sewer). Both projects will be completed
concurrently, essentially as one larger project.
City Council Action Requested:
Adopt the resolution accepting the lowest responsible bid and awarding the contract to New
Look Contracting, Inc. for the Arrowhead Drive Turn Lane Expansion Project in the amount of
$609,541.00.
PROJECT:
Arrowhead Drive Turn Lane Expansion Project
SAP 250-112-001
OWNER:
City of Medina, MN
WSB PROJECT NO.:
017326-000
BIDS RECEIVED ONLINE: Friday, March 4, 2022, at 10:00 a.m. Local Time
Contractor Bid Bond
(5%)
Addendum No. 1
Received Grand Total Bid
1 New Look Contracting, Inc. X X $609,541.00
2 Valley Paving, Inc. X X $640,942.00
3 Eureka Construction, Inc. X X $641,365.12
4 Omann Contracting Companies, Inc. X X $651,226.14
5 Park Construction Company X X $754,561.50
James L. Stremel, PE, Sr. Project Manager
BID TABULATION SUMMARY
I hereby certify that this is a true and correct tabulation of the bids as received on March 4, 2022.
K:\017326-000\Admin\Construction Admin\Bidding & Contracts\017326-000 CST Bid Tab Summary-030422
Resolution No. ________
April 19, 2022
Member ___________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. _______
RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT
WHEREAS, pursuant to an advertisement for bids for the Arrowhead Drive Turn Lane Expansion
Project, the improvement of Arrowhead Drive north of TH 55 by expanding the width of the
roadway to accommodate an additional southbound left turn lane, a bituminous trail extension,
pedestrian crosswalk improvements on TH 55, stormwater ponding improvements, installation of
storm sewer, and pavement striping, bids were received, opened electronically, and tabulated
according to the law, and the following five bids were received complying with the advertisement:
Company Grand Total Bid
New Look Contracting, Inc. $609,541.00
Valley Paving, Inc. $640,942.00
Eureka Construction, Inc. $641,365.12
Omann Contracting Companies, Inc. $651,226.14
Park Construction Company $754,561.50
AND WHEREAS, it appears that New Look Contracting, Inc. of Rogers, MN is the lowest
responsible bidder based on the Grand Total Bid.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota,
as follows:
1. The Mayor and City Administrator are hereby authorized and directed to enter into the
attached contract with New Look Contracting, Inc. in the name of the City of Medina for
the improvement of a city roadway on Arrowhead Drive north of TH 55 by expanding the
width of the roadway to accommodate an additional southbound left turn lane, a
bituminous trail extension, pedestrian crosswalk improvements on TH 55, stormwater
ponding improvements, installation of storm sewer, and pavement striping, according to
the plans and specifications therefor approved by the City Council and on file in the
office of the City Administrator.
2. The City Administrator or their designee is hereby authorized and directed to return
forthwith to all bidders the deposits made with their bids, except that the deposits of the
successful bidder and the next lowest bidder shall be retained until a contract has been
signed.
Resolution No. ________
April 19, 2022
2
Dated: April 19, 2022
_________________________
Kathleen Martin, Mayor
Attest:
___________________________________
Caitlyn Walker, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
___________ and upon a vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Planning Department Update Page 1 of 2 April 19, 2022
City Council Meeting
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director
DATE: April 13, 2022
MEETING: April 19, 2022 City Council
SUBJECT: Planning Department Updates
Land Use Application Review
A) 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 City Council reviewed at the April 5 meeting and following
extensive discussion, the Council directed staff to prepare a resolution denying the request. The
applicant has withdrawn the Comprehensive Plan Amendment and submitted concept plans with
a smaller-scale development on the southern ½ of the property. Staff intends to present these
concepts at the May 10 Planning Commission meeting and May 17 Council meeting.
B) Weston Woods PUD and Plat Amendment – Mark and Kathleen Smith have requested an
amendment to the approved PUD and plat. The amendment proposes to reduce the total number
of lots by 3 and adjust required lot standards. The Council reviewed April 5 and directed staff
to prepare approval documents, which are scheduled to be presented to Council on April 19.
C) McDonald’s Drive thru CUP Amendment – 822 Highway 55 – McDonald’s has requested an
amendment to their CUP to expand the drive-thru to a two-lane configuration. The Planning
Commission held a public hearing on the proposed amendment at the March 8 meeting and
recommended approval. The Council reviewed on April 5 and directed staff to prepare approval
documents, which are scheduled to be presented to Council on April 19.
D) Prairie Creek Final Plat – Stelter Enterprises has requested final plat approval for a 17-lot villa
subdivision at 500 Hamel Road. Staff intends to present to the City Council at the May 3
meeting.
E) 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 granted
preliminary plat and PUD general plan approval at the March 1 meeting. The applicant has
submitted for final plat approval, which is under review. Staff intends to present to Council at
the May 3 meeting.
F) 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. The Planning Commission held a public hearing on April 12. Commissioners
raised concerns with aspects of the proposed development and recommended denial on a 5-1
vote. Staff tentatively plans to present to City Council at the May 3 meeting.
G) Bonner Variance – 2055 Tamarack Drive – Jeffrey Bonner has requested a variance from the
150-foot animal structure setback to replace an existing barn with a larger structure. The larger
structure would include a larger barn plus additional storage and shop space. The larger
structure is proposed to be setback the same distance as the existing barn from the northern
property line (110’). The Planning Commission reviewed at the April 12 meeting and
recommended approval. Staff intends to present to City Council on May 3.
MEMORANDUM
Planning Department Update Page 2 of 2 April 19, 2022
City Council Meeting
H) Loram/Scannell Medina Industrial – 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 approved the findings of fact
and made a negative declaration on the need for an EIS at the April 5 meeting. Staff will route
the record of decision as required. The applicant has now also applied for preliminary plat and
site plan review approval for construction of approximately 450,000 s.f. of office warehouse on
three lots. Staff is conducting preliminary review and will present when complete, potentially at
the May 10 or June 14 Planning Commission 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) 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 Council adopted a resolution for approval at the November 16
meeting. The applicant has indicated that they will likely not begin construction until spring.
K) 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. 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.
L) Adam’s Pest Control Site Plan Review, Pre Plat, Rezoning – Pioneer Trail Preserve – These
projects have been preliminarily approved and the City is awaiting final plat application.
M) Caribou Cabin-Pinto Retail, Baker Park Townhomes, Johnson ADU CUP, 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.
Other Projects
A) Uptown Hamel RFP – the City Council approved the RFP for economic development services
at the April 5 meeting. Staff is routing the RFP to potential firms. Responses are due in early
May.
B) Electric Vehicle Charging Regulations – staff is preparing information for review by the
Planning Commission and Council pertaining to potential regulations to either require or
encourage installation of EV charging infrastructure. The Planning Commission discussed the
matter at the April 12 meeting. The consensus was to encourage and incentivize installation at
the very least. Some members expressed support for requiring installation as allowed. Staff
intends to present to the City Council at the April 19 work session.
C) Sign Ordinance – Internal signage on public property – staff is preparing an amendment to the
sign ordinance which would clarify that the sign regulations would not apply to scoreboards and
similar features internal to city property. The Planning Commission held a public hearing on
April 19 and recommended approval 5-1. Staff intends to present to Council on May 3.
D) County Road 47/County Road 101/Hackamore – staff has been working with the City of
Plymouth related to improvements they intend to construct to County Road 47. The
improvements extend across County Road 101 to a portion of Hackamore Road and would also
include replacement of signals. Plymouth has requested a cost-share for a portion of the signal
improvements from Medina and Corcoran. Staff intends to bring forward the agreement to
Council on April 19.
TO: Honorable Mayor and City Council
FROM: Jason Nelson, Director of Public Safety
DATE: April 14, 2022
RE: Department Updates
This past week Public Works Director Scherer and I worked together to put on Emergency
Management training for the entire public works staff. We went over roles and responsibilities and
what part the public works department takes in the role of emergency management. I feel that this was
very beneficial due to the fact that police and public works will be working together in many different
types of potential emergencies.
I attended a meeting that was hosted by Representative Dean Phillips in reference to “Pathways to
Policing Act” that he is trying to have Congress pass. This type of legislation bolsters the law
enforcement pipeline by creating a new annual grant program that would be administered by the
Department of Justice’s Office of Community Oriented Policing Services (COPS). This will be a two-
pronged approach in which it hopes to create and operate “Pathways to Policing programs” and a
media campaign to create awareness of the program to seek careers in law enforcement. As you have
heard me state in the past, there is an extreme shortage of police candidates in the field, and even
fewer that are currently going to college for law enforcement. This is a nationwide problem. In the
upcoming months staff will be bringing forward more about this and other ideas about ways to recruit
and retain employees.
Administrative Assistant Klaers and I attended a day long demonstration in Corcoran with a records
management vendor. Our current records management system (RMS) has been in place for
approximately 15 years and is getting to the end of its life expectancy. We currently are in a
consortium with 14 other cities that share RMS, and many have expressed the urgency or want to
move in a different direction from our current RMS. I will continue to evaluate other venders as will
many in our consortium in hopes to keep set up and migration of data costs down when the time comes
to choose a new vender.
Patrol:
The following are updates of Patrol Officers between March 29, 2022, and April 13, 2022: Officers
issued 29 citations and 39 warnings for various traffic offenses, responded to 2 property damage
accidents, 11 medicals, 8 suspicious calls, 3 traffic complaints, 10 assists to other agencies, and 6
business/residential alarms.
Patrol Officers have been busy enforcing the spring weight restrictions. Officers issued 5 civil fines
and 3 citations for overweight trucks from 03/29 through 04/13/2022.
On 03/30/2022 Officer was dispatched to a reported possible prowler in the 100 block of Pondview
Lane, Loretto. Upon arrival the officer located the described prowler and found he had just moved
into a home in the neighborhood and was going to neighbor’s homes to introduce himself.
On 03/31/2022 Officer stopped a vehicle for speed on Highway 55 near Willow Drive. The driver was
found to be revoked and had a Wright County warrant for his arrest. The driver was cited for speeding
and driving after revocation. He was arrested and transported to the Wright County line and
transferred to a Wright County Deputy.
On 04/01/2022 Officer assisted West Hennepin Public Safety on a reported overdose on Main Street in
Maple Plain. An adult male was reported to be overdosing on fentanyl. Narcan doses were delivered
during CPR and the male regained consciousness. He was transported to the hospital.
On 04/02/2022 Officer located two suspicious vehicles in the Target parking lot around midnight
driving recklessly. Officer made contact and identified them as juveniles. Parents were contacted and
notified of their driving behavior, and they were told to go home.
On 04/02/2022 Officer was dispatched to a vehicle lockout in the 600 block of Lilium Trail. A two-
year-old child had locked themselves inside a car in the garage. Officer and parent were eventually
able to get the child to unlock the doors on their own. Parents were grateful for the assistance.
On 04/04/2022 Officer was dispatched to an animal complaint in the area of Highway 55 and Pioneer
Trail. Two coyotes were found discarded after being shot and their tails were apparently cut off and
missing. Unknown who discarded the animals.
On 04/08/2022 Officer was dispatched to a suspicious occupied vehicle along Willowbrook Drive.
Officer arrived and made contact with the occupant who was a construction worker who had arrived
early to work on a home in the area.
On 04/09/2022 Officer responded to take a burglary report in the 1400 block of Hamel Road. A
vacant home was found to have been forcibly entered. Copper piping appeared to have been cut and
was missing from the home.
On 04/10/2022 Officer was dispatched to a grass fire in the 3900 block of Wild Meadows Drive.
Unknown person was setting off fireworks in the area which started two small grass fires. The fires
were put out by Hamel Fire.
On 04/11/2022 Officers were dispatched to a welfare check of a person who had recently left Monies
Bar in Maple Plain. Officers located the subject as he was arriving home in the 4000 block of Apache
Drive. The subject was found to be extremely intoxicated and was arrested for DWI.
On 04/12/2022 Officer was dispatched to a single vehicle accident in the 1600 block of Homestead
Trail. Driver had missed a curve, drove off the roadway and struck a tree. Driver was found to be
intoxicated. Driver sustained minor injuries and was transported to the hospital. A search warrant was
obtained for a blood sample which has been sent to the BCA for analysis. Charges pending.
On 04/13/2022 Officer stopped a vehicle for speeding in the area of County Road 19 and Lakeshore
Avenue. The vehicle initially stopped but then took off and a pursuit was initiated. Stop sticks were
deployed as the vehicle drove into Orono. The vehicle continued into Wayzata and Minnetonka where
a PIT maneuver was conducted and the vehicle was boxed in. Driver attempted to flee and was
stopped a short time later by officers and a police K-9. Driver was transported to the hospital due to a
K-9 bite. Driver was found to be intoxicated as well and a blood search warrant was obtained. Once
cleared at the hospital the driver was booked into Hennepin County Jail. Charges are pending.
Investigations:
Received a report of fraud, and theft by swindle when individuals present fake coupons for cigarette
purchases. Two suspects were identified and charged with applicable crimes.
Received a report of a threat/harassment that is believed to have originated out of Texas including a
juvenile female. Investigation ongoing.
Received a confirmation of DNA from a theft in July of 2021 where $35,000 worth of construction
equipment was stolen. The suspect was officially identified, and the case has been sent for charging.
Received a report of a violation of an order for protection. Investigation concluded and a suspect was
charged.
There are currently 9 cases assigned to investigations.
1
TO: Honorable Mayor and City Council
FROM: Steve Scherer, Public Works Director
DATE April 14, 2022
MEETING: April 19, 2022
SUBJECT Public Works Update
STREETS
• Medina and Corcoran Public Works teamed together to patch Hackamore Road as
it is deteriorating at a faster pace due to all the development activity. It will be
important to move this street project forward soon.
• There are several contracts dealing with road material bids in your packet. These
are general contracts that I ultimately have control over quantities and product
selection.
• Spring weight restrictions are in effect, it has been a slow thaw and will likely be
another week or so until restrictions are lifted.
• Two pre-construction meetings were held this week: one with Weston Woods,
and the other for the Maple Plain Town Homes. Weston Woods will have a large
impact on public utilities and street connectivity which will be a great asset to the
City.
WATER/SEWER/STORMWATER
• I have worked out a price for the contractor at Weston Woods to replace a deep
culvert on Mohawk Drive while they have the road closed for other utility
connections. This coordination will save mobilization and detour sign expenses.
While the road is closed, Public Works will replace a culvert just north of
Chippewa.
• I’ll engage WSB to get a plan together for a short piece of water main along
Chippewa between Polaris and Oakley. This is in the CIP and allows more
redundancy to the water service area with the main goal of a secondary line from
the treatment plant to the Willow Drive Water Tower.
• Hydrant flushing took place in the Independence Beach area on Thursday.
• Public Works held a kickoff meeting for the storm water pollution prevention plan
(SWPPP). A review and update of our SWPPP is necessary to comply with the
2020-2025 general permit which was approved last fall. We will incorporate new
mandated ordinance updates, standard operating procedures, various management
plans, and enforcement response procedures.
MEMORANDUM
2
PARKS/TRAILS
• The Hamel Lions have a donation in the packet for the new score board at the
Paul Fortin Field. I will be working with HAC and the Hamel Hawks to find a
home for the old score board as requested by Council and the Park Commission.
• Staff will make one last site visit to the new park land prior to closing on the
property.
• We will have a pre-season meeting with the new lawn and grounds maintenance
contractor to get them up to speed with the HAC group and go over expectations.
PERSONNEL
• It is a great feeling to be fully staffed in Public Works as we look ahead to a busy
season of work. We intend to utilize our part time help, as the budget allows, to
keep up with parks and other activities.
MISC
• Preparations for Clean-up Day on Saturday April 30th are well underway. Staff
has received many calls from residents, leading us to believe we’ll see a great
turnout for the event.
• Public Works Staff completed internal Community Water System Emergency
Response training (as required by the EPA) as well as Emergency Management
Coordination Training (provided by the Police).
ORDER CHECKS APRIL 5, 2022 – APRIL 19, 2022
052792 BARIDE, KRISHNA .................................................................... $850.00
052793 BOURLAND, CARRIE ................................................................ $500.00
052794 DAUM GEORGE .......................................................................... $36.48
052795 TIMOTHY FLEMMING ............................................................... $500.00
052796 KROLL, ROBERT ........................................................................ $66.84
052797 MADHAVAN, RAMAKRISHNAN ................................................ $200.00
052798 RAUDA MAHFOUZ .................................................................... $440.00
052799 MORAM, HIMA BINDU .............................................................. $500.00
052800 PARTNERS TITLE ....................................................................... $72.76
052801 RESULTS TITLE.......................................................................... $47.03
052802 WATERMARK TITLE AGENCY ................................................... $44.19
052803 ABDO ................................................................................... $21,000.00
052804 ADAMS PEST CONTROL INC .................................................. $133.37
052805 BEAUDRY OIL & PROPANE .................................................. $2,079.40
052806 BLUE CROSS BLUE SHIELD OF MN ................................... $40,531.25
052807 BOYER FORD TRUCKS INC .................................................. $1,063.21
052808 CONTEMPORARY IMAGES ................................................... $2,975.97
052809 CORE & MAIN LP ................................................................... $1,341.15
052810 DAKOTA SUPPLY GROUP ....................................................... $243.32
052811 ECM PUBLISHERS INC .............................................................. $94.98
052812 ENGEL WATER TESTING INC.................................................. $504.00
052813 ESS BROS. & SONS, INC. ........................................................ $308.00
052814 FLAGSHIP RECREATION LLC.................................................. $191.50
052815 GOPHER STATE ONE CALL .................................................... $110.70
052816 HACH COMPANY ................................................................... $1,103.11
052817 HAMEL LUMBER INC ................................................................ $430.94
052818 HAMEL LIONS CLUB ................................................................ $725.00
052819 HAMEL VOLUNTEER FIRE DEPT ....................................... $89,187.50
052820 HAWKINS INC. ....................................................................... $2,975.12
052821 HENN COUNTY INFO TECH .................................................. $2,347.02
052822 HENN COUNTY SHERIFF......................................................... $150.00
052823 HENNEPIN COUNTY TREASURER ............................................ $30.00
052824 MATTHEW E HUNZ .................................................................. $100.80
052825 JOHN HENRY FOSTER .............................................................. $99.66
052826 KELLY'S WRECKER SERVICE INC .......................................... $153.50
052827 KENNEDY & GRAVEN CHARTERED .................................. $15,993.25
052828 LAW ENFORCEMENT LABOR .................................................. $585.00
052829 CITY OF LONG LAKE ............................................................. $6,681.75
052830 LORETTO VOL FIRE DEPT INC .......................................... $23,964.21
052831 CITY OF MAPLE PLAIN ......................................................... $1,227.43
052832 METROPOLITAN COUNCIL ................................................. $32,291.02
052833 METRO WEST INSPECTION ............................................... $17,805.34
052834 MN DEPT OF COMMERCE ....................................................... $364.00
052835 MN DEPARTMENT OF HEALTH .......................................... $16,708.68
052836 NAPA OF CORCORAN INC .......................................................... $3.79
052837 NELSON ELECTRIC MOTOR REPAIR ..................................... $202.50
052838 OFFICE DEPOT ........................................................................ $338.31
052839 ON-SITE MEDICAL SERVICES ................................................. $915.00
052840 CITY OF ORONO ................................................................... $1,274.01
052841 PREMIUM WATERS INC ............................................................. $29.24
052842 SOLUTION BUILDERS INC .................................................... $3,246.00
052843 TACTICAL SOLUTIONS ............................................................ $402.00
052844 TALLEN & BAERTSCHI .......................................................... $6,355.92
052845 TIMESAVER OFFSITE .............................................................. $190.50
052846 VIRIDIAN WEAPON TECHNOLOGIES ........................................ $39.00
052847 WATER LABORATORIES, INC. ................................................ $297.00
052848 WSB & ASSOCIATES ........................................................... $35,552.75
Total Checks $335,603.50
ELECTRONIC PAYMENTS APRIL 5, 2022 – APRIL 19, 2022
006328E ELAN FINANCIAL SERVICE ................................................ $11,761.56
006329E FURTHER ..................................................................................... $5.37
006330E PR PERA .............................................................................. $19,059.02
006331E PR FED/FICA ....................................................................... $18,504.91
006332E PR MN Deferred Comp ........................................................... $3,034.00
006333E PR STATE OF MINNESOTA .................................................. $4,313.15
006334E CITY OF MEDINA ........................................................................ $25.00
006335E FURTHER .............................................................................. $2,654.37
006336E MN CHILD SUPPORT PAYMENT ............................................. $959.70
006337E FARMERS STATE BANK OF HAMEL ....................................... $150.00
006338E CENTURYLINK.......................................................................... $252.82
006339E CIPHER LABORATORIES INC. .............................................. $5,357.94
006340E CULLIGAN-METRO ..................................................................... $36.50
006341E FP MAILING SOL POSTAGE BY PHON ................................. $1,000.00
006342E FRONTIER .................................................................................. $57.11
006343E FURTHER ................................................................................. $628.81
006344E MARCO (LEASE) ....................................................................... $795.61
006345E PAYMENT SERVICE NETWORK INC .................................... $1,180.44
006346E MEDIACOM OF MN LLC ........................................................... $930.79
Total Electronic Checks $70,707.10
PAYROLL DIRECT DEPOSIT – APRIL 13, 2022
0511777 BILLMAN, JACKSON CARROLL ............................................... $629.02
0511778 COOK, JUSTIN W ..................................................................... $515.02
0511779 ALBERS, TODD M. .................................................................... $230.87
0511780 ALTENDORF, JENNIFER L. ................................................... $1,137.75
0511781 BARNHART, ERIN A. ............................................................. $2,788.42
0511782 BAUMGARDNER, COLETTE J .................................................. $523.89
0511783 BOECKER, KEVIN D. ............................................................. $2,768.53
0511784 CAVANAUGH, JOSEPH ............................................................ $230.87
0511785 CONVERSE, KEITH A. ........................................................... $2,082.77
0511786 DEMARS, LISA ....................................................................... $1,558.36
0511787 DESLAURIES, DEAN ................................................................ $230.87
0511788 DION, DEBRA A. .................................................................... $2,091.50
0511789 ENDE, JOSEPH...................................................................... $2,008.32
0511790 FINKE, DUSTIN D. ................................................................. $2,869.01
0511791 GLEASON, JOHN M. .............................................................. $2,145.06
0511792 GREGORY, THOMAS ............................................................ $1,981.81
0511793 HALL, DAVID M. ..................................................................... $2,241.58
0511794 HANSON, JUSTIN .................................................................. $2,279.88
0511795 JACOBSON, NICOLE ................................................................ $928.08
0511796 JESSEN, JEREMIAH S. .......................................................... $2,687.47
0511797 JOHNSON, SCOTT T. ............................................................ $2,273.17
0511798 KLAERS, ANNE M. ................................................................. $1,616.29
0511799 LEUER, GREGORY J. ............................................................ $1,849.03
0511800 MARTIN, KATHLEEN M ............................................................ $327.07
0511801 MCGILL, CHRISTOPHER R. .................................................. $1,473.72
0511802 MCKINLEY, JOSHUA D .......................................................... $2,087.91
0511803 NELSON, JASON ................................................................... $2,795.91
0511804 RATKE, TREVOR J ................................................................ $1,278.00
0511805 REID, ROBIN ............................................................................. $230.87
0511806 REINKING, DEREK M ............................................................ $2,327.13
0511807 RUTH, BRENDA L. ................................................................. $1,612.91
0511808 SCHARF, ANDREW ............................................................... $1,910.39
0511809 SCHERER, STEVEN T. .......................................................... $2,527.20
0511810 VINCK, JOHN J ...................................................................... $1,860.24
0511811 VOGEL, NICHOLE ..................................................................... $993.12
0511812 WALKER, CAITLYN M. ........................................................... $1,872.48
Total Payroll Direct Deposit $58,964.52