HomeMy Public PortalAbout11.04.2015 City Council Meeting PacketMEDINA
AGENDA FOR THE REGULAR MEETING
OF THE MEDINA CITY COUNCIL
Wednesday, November 4, 2015
7:00 P.M.
Medina City Hall
2052 County Road 24
Meeting Rules of Conduct:
• Fill out and turn in white
comment card
• Give name and address
• Indicate if representing a group
• Limit remarks to 3-5 minutes
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
IV. APPROVAL OF MINUTES
A. Minutes of the October 20, 2015 Special Council Meeting
B. Minutes of the October 20, 2015 Regular Council Meeting
V. CONSENT AGENDA
A. Approve Monthly Siren Maintenance Contract Renewal with Embedded Systems, Inc.
B. Approve 2016 Engagement Letter with BerganKDV
C. Approve 2016 Rates with Kennedy & Graven Chartered
D. Approve 2016 Rates with WSB & Associates, Inc.
E. Approve 2016 Rates with Tallen and Baertschi
F. Appoint Joshua McKinley to Police Officer Position
G. Resolution Requesting Conveyance of Tax -Forfeited Land
VI. COMMENTS
A. From Citizens on Items Not on the Agenda
B. Park Commission
C. Planning Commission
VII. OLD BUSINESS
A. Ordinance Regarding Exterior Building Materials in the Rural Commercial and Business Holding
Districts; Amending Chapter 8 of the City Code
1. Resolution Authorizing Publication of the Ordinance by Title and Summary
B. Medina Mini Storage Expansion
VIII. CITY ADMINISTRATOR REPORT
IX. MAYOR & CITY COUNCIL REPORTS
X. APPROVAL TO PAY BILLS
XI. ADJOURN
Posted 10/30/2015 Page 1 of 1
MEMORANDUM
TO: Medina City Council
FROM: Scott Johnson, City Administrator
DATE OF REPORT: October 29, 2015
DATE OF MEETING: November 4, 2015
SUBJECT: City Council Meeting Report
V. CONSENT AGENDA
A. Approve Monthly Siren Maintenance Contract Renewal with Embedded Systems, Inc. -
The attached agreement with Embedded Systems, Inc. renews the tornado siren
maintenance agreement for 2016. Staff recommends approval.
See attached agreement.
B. Approve 2016 Engagement Letter with BerganKDV — The attached agreement approves
the continuation of a working relationship with financial consultant Joe Rigdon of
BerganKDV. The primary change proposed in the 2016 letter of engagement is moving
to an hourly rate vs. a set monthly rate (currently under the 2015 contract). This rate
change will provide Finance with more flexibility. Staff recommends approval.
See attached agreement.
C. Approve 2016 Rates with Kennedy & Graven — The attached agreement approves
changing the monthly legal retainer from $1,000 to $1,250. The retainer was last
increased in 2013. Staff recommends approval.
See attached rates.
D. Approve 2016 Rates with WSB — The attached agreement approves a rate increase of
approximately 2.66% on average based on the overall rate table for engineering. Staff
recommends approval.
See attached rates.
E. Approve 2016 Rates with Tallen and Baertschi — Staff recommends approval of the
attached agreement for 2016 Prosecution Rates. Mr. Tallen is proposing a 3% increase
effective January 1, 2016. The prosecuting attorney rate would be $133.50 per hour and
the legal assistant rate would be $75.00 per hour.
See attached rates.
F. Appoint Joshua McKinley to Police Officer Position — Based on the final scoring of
applicants, committee interviews, and background/reference checks, I am recommending
the appointment of Joshua McKinley to the position of police officer. Mr. McKinley has
verbally accepted the position with a proposed starting date of November 16, 2015,
contingent on City Council approval. Staff recommends approval.
See attached memo.
G. Resolution Requesting Conveyance of Tax -Forfeited Land — Staff recommends approval
of the resolution requesting conveyance of tax -forfeited land. The property is located at
the intersection of Cottonwood Trail and County Road 24. Part of the property is under a
portion of Cottonwood Trail and the remaining land is adjacent to the existing right-of-
way.
See attached resolution.
VII. OLD BUSINESS
A. Ordinance Regarding Exterior Building Materials in the Rural Commercial and Business
Holding Districts; Amending Chapter 8 of the City Code — In conjunction with the site
plan review application from Jeff Pederson of Highway 55 Rental Portable Storage,
LLC., has requested that the City consider amending the zoning code in order to allow
fiber cement board (commonly called "hardiboard") as a primary exterior building
material. The item was discussed at the October 20th Council Meeting and Staff has
amended the language based on the City Council discussion.
See attached ordinance and resolution.
Potential Motion #1: Adopt Ordinance Regarding Exterior Building Materials in
the Rural Commercial and Business Holding Districts; Amending Chapter 8 of
the City Code
Potential Motion #2: Adopt Resolution Authorizing Publication of the Ordinance
by Title and Summary.
B. Medina Mini Storage Expansion — Jeff Pederson, on behalf of Highway 55 Rental
Portable Storage LLC, has made an application for a site plan review to allow the
construction of three new mini storage buildings on a 17.9 acre site located north of
Highway 55 and east of Rolling Hills Road (4790 Rolling Hills Road). The subject
property is presently occupied by a single mini storage building.
See attached staff report.
Potential Motion: Move to direct staff to prepare a resolution approving the Site
Plan Review subject to the conditions recommended by the Planning Commission.
2
XII. APPROVAL TO PAY BILLS
Recommended Motion: Motion to approve the bills, EFT 003373E-003388E for $53,112.65,
order check numbers 043523-043576 for $136,928.60 and payroll EFT 506724-506748 for
$45,114.97
INFORMATION PACKET
• Planning Department Update
• Police Department Update
• Public Works Department Update
• Claims List
3
MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF
OCTOBER 20, 2015
The City Council of Medina, Minnesota met in special session on October 20, 2015 at
6:00 p.m. at the Medina City Ha11, 2052 County Road 24, Medina, MN.
I. Ca11 to Order
Members present: Anderson, Cousineau, Martin, Pederson, Mitchell
Members absent:
Also present: City Administrator Scott Johnson, City Planner Dusty Finke,
Public Works Director Steve Scherer, Finance Director Erin Barnhart, Assistant to City
Administrator Jodi Gallup, and Public Safety Director Ed Belland.
II. Benefits Discussion
Yvonne Johnson, Area Vice President, Employee Benefits for Gallagher Benefit
Services, Inc., provided a presentation on future benefit options for the City of Medina.
The City Council reviewed the information with Mrs. Johnson and requested further
information on benefit options for 2017.
Adjournment
Mitchell closed the meeting at 6. 54 p.m.
Bob Mitchell, Mayor
Attest:
Scott Johnson, City Administrator -Clerk
Medina City Council Special Meeting Minutes 1
October 20, 2015
DRAFT
2
3 MEDINA CITY COUNCIL MEETING MINUTES OF OCTOBER 20, 2015
4
5 The City Council of Medina, Minnesota met in regular session on October 20, 2015 at
6 7:00 p.m. in the City Hall Chambers. Mayor Mitchell presided.
7
8 I. ROLL CALL
9
10 Members present: Anderson, Cousineau, Pederson, Martin, and Mitchell.
11
12 Members absent: None.
13
14 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer
15 Tom Kellogg, City Planner Dusty Finke, Planning Consultant Nate Sparks, Public Works
16 Director Steve Scherer, Chief of Police Ed Belland, and Recording Secretary Amanda
17 Staple.
18
19 II. PLEDGE OF ALLEGIANCE (7:00 p.m.)
20
21 III. ADDITIONS TO THE AGENDA (7:01 p.m.)
22 The agenda was approved as presented.
23
24 IV. APPROVAL OF MINUTES (7:01 p.m.)
25
26 A. Approval of the October 6, 2015 Regular City Council Meeting Minutes
27 It was noted on page four, line 31, it should state, "Anderson asked about the quality..."
28
29 Moved by Anderson, seconded by Pederson, to approve the October 6, 2015 regular
30 City Council meeting minutes as amended. Motion passed unanimously.
31
32 B. Approval of the October 15, 2015 Special City Council Meeting Minutes
33 Moved by Pederson, seconded by Anderson, to approve the October 15, 2015 special
34 City Council meeting minutes as presented. Motion passed unanimously.
35
36 V. CONSENT AGENDA (7:034p.m.)
37
38 A. Resolution No. 2015-87 Approving Conditional Use Permit for 3 Rivers
39 Church at 52 Hamel Road
40 B. Resolution No. 2015-88 Certifying Delinquent Storm Water Utility Charges
41 to the Hennepin County Auditor for Collection in 2016
42 C. Resolution No. 2015-89 Certifying Delinquent Utility Charges to the
43 Hennepin County Auditor for Collection in 2016
44 D. Resolution No. 2015-90 Certifying Delinquent City Charges for Services to
45 the Hennepin County Auditor for Collection in 2016
46 E. Ordinance No. 589 Amending the Medina city Code, Ordinance No. 547
47 Granting a Cable Communications Franchise to Mediacom Minnesota, LLC
48 F. Resolution No. 2015-91 Authorizing Publication of the Ordinance Amending
49 the Medina City Code, Ordinance No. 547 Granting a Cable
50 Communications Franchise to Mediacom Minnesota, LLC by Title and
51 Summary
Medina City Council Meeting Minutes 1
October 20, 2015
1 G. Resolution No. 2015-92 Regarding the Administration of the Minnesota
2 Wetland Conservation Act
3 H. Approve Final Pay Request to Sunram Construction for Fields of Medina
4 Park Development
5 Moved by Pederson, seconded by Cousineau, to approve the consent agenda. Motion
6 passed unanimously.
7
8 VI. COMMENTS (7:05 p.m.)
9
10 A. Comments from Citizens on Items not on the Agenda
11 There were none.
12
13 B. Park Commission
14 Scherer reported that the Park Commission canceled their meeting the following night
15 due to lack of items to consider. He stated that public works staff has been preparing for
16 winter.
17
18 C. Planning Commission
19 Planning Commissioner Albers reported that the Planning Commission met the previous
20 week to consider an Ordinance amendment request regarding building materials for the
21 rural business holding and rural commercial holding district, noting that the Commission
22 recommended approval with an added condition. He stated that the Commission also
23 considered a request from Highway 55 Mini Storage and reported that the Commission
24 recommended approval of that item as well.
25
26 VII. PRESENTATIONS
27
28 A. Elizabeth Weir — Minnehaha Creek Watershed District and Elm Creek
29 Watershed District Updates (7:08 p.m.)
30 Elizabeth Weir stated that she represents the City for the Minnehaha Creek Watershed
31 District and provided an update on the activity of the last meeting. She stated that Lake
32 Minnetonka was discussed and the water quality is improving slowly due to best
33 management practices (BMPs). She stated that trends showing increased chloride and
34 phosphorus levels were also discussed. She noted that the city of Mound submitted a
35 cost -share request for a road project and advised that the proposal will significantly
36 decrease phosphorus and the cost -share request was willfully approved. She
37 encouraged the City to submit cost -share proposals as well.
38
39 She stated that Board of Water and Soil Resources (BWSR) has accepted the Third
40 Generation Plan of the Elm Creek Watershed and noted that local municipalities have
41 two years to update their plans into compliance. She highlighted some of the recently
42 enacted changes. She reported that Hennepin County has acquired mapping/imaging
43 tools, which are available for use by cities and watersheds. She advised of an available
44 grant and noted that she did provide an application to Johnson.
45
46 Pederson stated that there had been conversations in the past about the Minnehaha
47 Creek Watershed having some problems and wondered if Weir feels that the problems
48 have gotten better or worse.
49
Medina City Council Meeting Minutes 2
October 20, 2015
1 Weir stated that she met the new Administrator who seems very capable and noted that
2 the staff is also top notch. She believed that the Board is working well together and that
3 the staff has a new confidence.
4
5 VIII. NEW BUSINESS
6
7 A. Highway 55 Mini Storage Ordinance Amendment (7:14 p.m.)
8 Pederson recused himself from the discussion.
9
10 Sparks stated that an Ordinance amendment request has been submitted by Highway
11 55 Mini Storage to change the building materials requirements for the rural business
12 holding (RBH) district, which is closely aligned with the rural commercial holding (RCH)
13 district, and therefore the amendment is proposed for both districts. He stated that the
14 request is proposing to allow for cement fiber board siding as a primary building material
15 in the RBH and RCH districts, noting that the maximum percentage of use for primary
16 building materials is 80 percent. He reviewed the current specifications for building
17 materials and stated that this material is common in appearance to residential style
18 building materials but it is non-combustible and therefore can be used in a commercial or
19 business setting. He noted that the material has a lifespan of 50 years, but could require
20 more maintenance than the other allowable primary building materials. He stated that it
21 is becoming more common to allow this type of building material into the commercial and
22 business districts. He noted that the Goddard School and Golf Course recently received
23 approval through PUD to use cement fiber board siding. He stated that the Planning
24 Commission recommended approval and explained that the Commission had concern
25 with the use of large panels and therefore recommended the specific language which
26 limits the use of the material to be "commercial grade cement fiber board lap siding".
27
28 Martin asked and received confirmation that the color of the materials would be limited to
29 earth tones. She referenced the zoning map and noted that the properties within those
30 zoning districts are adjacent to residential areas and therefore believed that the use of
31 the material would be appropriate as it would assist in making a nice transition. She
32 referenced an area north of Highway 55, between Mohawk and Willow, and was unsure
33 whether or not the use of that material would be appropriate in that location.
34
35 Finke stated that those areas are in the holding district but because of the availability of
36 sewer and water those properties would develop into the commercial highway district
37 and therefore this change would not apply to those properties.
38
39 Mitchell stated that he did some research and found that installation is important for this
40 type of material. He noted that there is a competing product, smart board, which is also
41 available.
42
43 Cousineau asked if the size of the building would play a factor, noting that in the
44 instance of the Golf Course the size of the building was a factor.
45
46 Sparks confirmed that size would not be an issue for this zoning district.
47
48 Finke stated that the Council could incorporate a limitation on the building size, should
49 that be desired. He provided an example that perhaps a 5,000 or 10,000 square foot
50 building is allowed to use this material as a primary building material but perhaps a
Medina City Council Meeting Minutes 3
October 20, 2015
1 40,000 square foot building would not be allowed to use the material as a primary
2 building material.
3
4 Mitchell suggested using 15,000 square feet as the maximum allowed size building to
5 use this material as a primary building material.
6
7 Finke stated that staff can complete more research and provide examples of other
8 buildings to provide an aspect of scale.
9
10 Martin agreed that perhaps a limitation in size would make sense. She suggested the
11 additional language in Subdivision B "provided that in buildings containing 12,000 square
12 feet or less commercial..."
13
14 Cousineau stated that she would be agreeable to 12,000 square feet and received the
15 consensus of the Council to place a maximum building size of 12,000 square feet.
16
17 Sparks stated that because of the additional amendment to Subdivision 2B an
18 amendment would also need to be made to Section C and therefore perhaps it would be
19 best to direct staff to make the amendment and the item could be brought back on the
20 Consent Agenda at the next meeting for approval.
21
22 1. Ordinance Regarding Exterior Building Materials in the Rural
23 Commercial and Business Holding Districts; Amending Chapter 8 of
24 the City Code
25 Moved by Martin, seconded by Cousineau, to direct staff prepare a revised Ordinance
26 regarding exterior building materials in the rural commercial and business holding
27 district; amending Chapter 8 of the City Code. Motion passed unanimously.
28
29 Pederson rejoined the Council.
30
31 IX. OLD BUSINESS
32
33 A. Sioux Drive Turn Lane Improvement Project (7:36 p.m.)
34 Kellogg briefly reviewed the Feasibility Report for the Sioux Drive turn lane improvement
35 project and highlighted the proposed project area. He reviewed the proposed cost
36 estimate and the preliminary project schedule, noting that the final design would be
37 completed by January 2016 and would then come back before the Council for approval
38 of the plans and specification and authorization to advertise for bids. He estimated that
39 the construction would begin in May or June of 2016. He stated that the next step in the
40 process would be for the Council to receive the Feasibility Report, order the
41 improvement project and authorize preparation of the plans.
42
43 Moved by Martin, seconded by Anderson, to adopt Resolution No. 2015-93 Receiving
44 the Feasibility Report, Ordering of Improvement, and Authorize Preparation of Plans.
45 Motion passed unanimously.
46
47 B. Comprehensive Plan Steering Committee (7:41 p.m.)
48 Anderson and Martin recused themselves from the discussion.
49
50 Johnson stated that ten applications were received for the Comprehensive Plan Steering
51 Committee by the October 10th deadline. He advised that Mayor Mitchell, City Planner
Medina City Council Meeting Minutes 4
October 20, 2015
1 Dusty Finke, and him reviewed the applications based on certain criteria such as
2 experience and geographic location, and ultimately recommended seven applicants.
3
4 Mitchell explained the purpose for selecting a smaller group rather than a larger group.
5 He noted that there were very qualified people that applied that were not selected and
6 encouraged those people to take part in the public meetings.
7
8 Pederson stated that he was impressed with the quality of applications received.
9
10 Cousineau asked if a Chair should be selected and stated that any of the recommended
11 applicants would be great at the position. She stated that she would prefer a
12 Councilmember Chair the Committee because of their familiarity with the matter. She
13 recommended Martin Chair the Committee.
14
15 Moved by Cousineau, seconded by Pederson, to appoint Todd Albers, John Anderson,
16 Robert Franklin, Steve Lee, Kathleen Martin, Victoria Reid, and Fernando Vivanco to the
17 Comprehensive Plan Steering Committee and designate Kathleen Martin as the Chair of
18 the Committee. Motion passed unanimously.
19
20 Anderson and Martin rejoined the Council.
21
22 X. CITY ADMINISTRATOR REPORT (7:46 p.m.)
23 Johnson stated that staff is proposing a concurrent meeting with the Planning
24 Commission on December 1st at 6:00 p.m. prior to the regular Council meeting in order
25 to further discuss the Comprehensive Plan.
26
27 Martin stated that she may not be able to attend the kick-off meeting on November 9th as
28 her airplane is scheduled to land at 6:00 p.m. that night.
29
30 Finke stated that is not a regular meeting of the Steering Committee and therefore that
31 will be fine.
32
33 XI. MAYOR & CITY COUNCIL REPORTS (7:48 p.m.)
34 Mitchell stated that the City received a memorandum from Ray McCoy stating that his
35 work was done and the Hamel and Loretto Fire Departments did not want to merge
36 together but were working cooperatively. He stated that since that time Ray McCoy was
37 brought back into discussions with the fire departments at the City's request. He stated
38 that there is no action requested by the Council at this time but believed that it was in the
39 best interest of the Council for Ray McCoy to continue to be the middle voice with the
40 fire organizations. He asked that the Council allow Ray McCoy to continue to do his
41 work as he did not think it would be productive for himself or another member of the
42 Council to intervene. He stated that on October 28th there is a meeting with the Long
43 Lake Fire Department to consider a grant application. He stated that in regarding to the
44 October 28th meeting, he will not be able to attend as he will be out of town, but
45 recommended that Pederson, Johnson and Belland attend the meeting to represent the
46 interest of Medina.
47
48 Anderson stated that he has confidence in Pederson, Johnson and Belland to represent
49 Medina at that meeting and confirmed the consensus of the Council.
50
Medina City Council Meeting Minutes 5
October 20, 2015
1 Finke stated that the visioning session for the Comprehensive Plan will take place on
2 Monday, November 9th at 6:30 p.m.
3
4 XII. APPROVAL TO PAY THE BILLS (7:55 p.m.)
5 Moved by Anderson, seconded by Martin, to approve the bills, EFT 003350E-003372E
6 for $46,924.67, order check numbers 043457-043522 for $791,181.16, and payroll EFT
7 506694-506723 for $45,234.17. Motion passed unanimously.
8
9 XIII. CLOSED SESSION: CITY ADMINISTRATOR ANNUAL PERFORMANCE
10 REVIEW
1 1 Moved by Martin, seconded by Cousineau, to adjourn the meeting to closed session to
12 discuss the City Administrator annual performance review at 7:55 p.m. Motion passed
13 unanimously.
14
15 The meeting returned to open session at 8:55 p.m.
16
17 XIV. ADJOURN
18 Moved by Anderson, seconded by Martin, to adjourn the meeting at 8:56 p.m. Motion
19 passed unanimously.
20
21
22
23
24
25
26
27
28 Bob Mitchell, Mayor
29 Attest:
30
31
32 Scott Johnson, City Administrator
Medina City Council Meeting Minutes 6
October 20, 2015
Eintcictcl
Tel. (763) 757-3696 11931 Hwy 65 NE, Minneapolis, MN 55434 Fax: (763) 767-2817
www.embedsys.com jburgett@embedsys.com
Contract Renewal
October 15, 2015
City of Medina
Ed Belland
2052 Cty. Road 24
Hamel, MN 55340
We are at the end of another tornado season. Embedded Systems, Inc. has provided our best service
toward maintaining the tornado sirens for your city for the past several years. We would be very pleased
to continue to provide Tornado Siren Maintenance for your city.
The Monthly Siren Maintenance Fee for 2016 will be $43.93 per siren, per month.
The decoder batteries for your city are scheduled to be replaced in 2017 for preventive maintenance.
Battery replacement will occur once every 2 years for Hennepin and Ramsey County and once every
three years for Anoka County for all units maintained by Embedded Systems under the original
maintenance agreement, including those batteries which may have been replaced since the last scheduled
replacement because of failure.
We are asking that you please sign and return this contract renewal to us before November 16th, 2015 to
enable us to continue to provide our best service through the end of 2016. Feel free to fax the signed
contract renewal to (763) 767-2817 or email it to iburgettAembedsys.com.
Thank you for your business and we look forward to servicing your needs through the next year. If you
have any questions feel free to contact me directly.
Thank you,
Julie Burgett
Embedded Systems, Inc.
Contract terms accepted:
Signature Date
Phone
Email
For continuation of services through the end of the year 2016
Tornado Sirens
Master List
Siren #
Location
Medina
1
170 County Road 24
2
2522 Bobolink
3
2985 Lakeshore Ave.
4
92 Hamel Road
5
620 Shawnee Woods Dr
6
1800 Prairie Drive
Updated 10/6/2015
Agenda Item # 5 B
MEMORANDUM
TO: City Council, through Administrator Scott Johnson
FROM: Erin Barnhart, Finance Director
DATE: October 21, 2015
SUBJ: 2016 Contract Renewal with Financial Consultants BerganKDV
The Finance Department is requesting continuation of a working relationship with financial
consultant Joe Rigdon of BerganKDV.
The primary change proposed in the 2016 letter of engagement is moving to an hourly rate vs. a
set monthly rate as in the 2015 contract. This change gives more flexibility and use as needed.
Mr. Rigdon continues to provide valued and essential advice and training to the Finance
Department as well as vast experience in debt service management.
Staff Recommendation:
Approve the attached 2016 letter of engagement.
C; berganKDV
October 16, 2015
Mayor and City Council
City of Medina
2052 County Road 24
Medina, MN 55340
This letter is to confirm our understanding of the services we are to provide to the City of
Medina from January 1, 2016 through December 31, 2016. The City of Medina has
previously contracted for various hours of finance, accounting and consulting services with
BerganKDV (formerly KDV). The purpose of this letter is to revise the engagement for
ongoing services.
We are proposing one or more of (but not limited to) the following consulting services:
A. Finance and accounting services
B. Other services as requested
You agree that it is appropriate to limit the liability of BerganKDV, Ltd. its shareholders,
directors, officers, employees and agents and that this limitation of remedies provision is
governed by the laws of Minnesota, without giving effect to choice of law principles.
You further agree that you will not hold us liable for any claim, cost or damage, whether
based on warranty, tort, contract or other law, arising from or related to this agreement,
the services provided under this agreement, the work product, or for any plans, actions or
results of this engagement, except to the extent authorizedby this agreement. In no event
shall we be liable to you for any indirect, special, incidental, consequential, punitive or
exemplary damages, or for loss of profits or loss of goodwill, costs or attorney's fees.
The exclusive remedy available to you shall be the right to pursue claims for actual damages
that are directly caused by acts or omissions that are breaches by us of our duties under this
agreement.
BerganKDV, Led.
Cedar Falls
602 Main Street
Suite 100
P.O. Box 489
Cedar Falls, IA
50613-0026
T 319.268.1715
F 319.268.1720
Cedar Rapids
27201st Avenue NE
Suite 300
P.O. Box 10200
Cedar Rapids, lA
52402-020D
T 319.294.8000
F 319.294.9063
Loralvllle
2530 Corridor Way
Suite 301
P.O. Box 5267
CoraNile,IA
52241.0267
T 319.248.0367
F 319.248.0582
Des Moines
9207 Northpark CNN.
Johnston. IA
50131-2933
T 515.727.5700
F 515.727.5800
Mlnneapolls
3800 American Blvd'
Suite 1D00
Bloomington, MN
55431-442D
T 952.563.6800
F 952.563.6801
[,Claud
220 Park Avenue S
P.O. Box 1304
St. Cloud, MN
56302-3713
T 320.251.7010
F 320.251.1784
Waterloo
100 East Park Avenue
Suite 300
P.O. Box 2100
Waterloo, IA
50704-2100
T 319.234.6885
F 319.234.6287
hergankdv.cem
The City of Medina agrees to perform the following functions in connection with this
engagement:
• Make all management decisions and perform all management functions
• Designate a competent individual to oversee the services
2
C: berganKDV
• Evaluate the adequacy and results of the services performed
• Accept responsibility for the results of the services
• Establish and maintain internal controls, including monitoring ongoing activities
Our charges for services, including travel and out-of-pocket expenses, will be billed as the
work progresses on a monthly basis. Payments for our services are due upon receipt of our
billing. These services will be billed at the rate of $150 per hour. When, and if, our hours or
billings approach estimated amounts, we will discuss the progress of the above consulting
services with you. We will also provide the City with progress reports on objectives
accomplished on an "as requested" basis.
Should our relationship terminate before our engagement is completed, you will be billed
for services to the date of termination. All bills are payable upon receipt. A service charge of
1% per month, which is an annual rate of 12%, will be added to all accounts unpaid 30 days
after billing date. If collection action is necessary, expenses and reasonable attorney's fees
will be added to the amount due.
Any disputes between us that arise under this agreement, or for a breach of this agreement,
or that arise out of any other services performed by us for you, must be submitted to non-
binding mediation before either of us can start a lawsuit against the other. To conduct
mediation, each of us shall designate a representative with authority to fully resolve any
and all disputes, and those representatives shall meet and attempt to negotiate a resolution
of the dispute. If that effort fails, then a competent and impartial third party acceptable to
each side shall be appointed to hold and conduct a non -binding mediation proceeding. You
and we will equally share in the expenses of the mediator and each of us will pay for our
own attorneys' fees, if any. No lawsuit or legal process shall be commenced until at least
sixty (60) days after the mediator's first meeting with the parties.
The nature of our engagement makes it inherently difficult, with the passage of time, to
present evidence in a lawsuit that fully and fairly establishes the facts underlying any
dispute that may arise between us. We both agree that notwithstanding any statute of
limitation that might otherwise apply to a claim or dispute, including one arising out of this
agreement or the services performed under this agreement, or for breach of contract, fraud
or misrepresentation, a lawsuit must be commenced within twenty-four (24) months after
the date of our report. This twenty-four (24) month period applies and starts to run on the
date of each report, even if we continue to perform services in later periods and even if you
or we have not become aware of the existence of a claim or the basis for a possible claim. In
the event that a claim or dispute is not asserted at least sixty (60) days before the expiration
of this twenty-four (24) month period, then the period of limitation shall be extended by
sixty (60) days, to allow the parties to conduct non -binding mediation.
3
(: berganKDV
We appreciate the opportunity to be of service to the City of Medina and believe this letter
accurately summarizes the significant terms of our engagement. If you have any questions,
please let us know. If you agree with the terms of our engagement as described in this
letter, please sign the enclosed copy and return it to us. At any time, please feel free to
contact Steve Wischmann at 320-650-0217 or Joe Rigdon at 952-563-6868.
Sincerely,
Ste- (,,,O)-(1.
Steven Wischmann
Certified Public Accountant
Joe Rigdon
Certified Public Accountant
RESPONSE:
This letter correctly sets forth the understanding of the City of Medina, Minnesota.
By:
Title:
Date:
RESPONSE:
This letter correctly sets forth the understanding of the City of Medina, Minnesota.
By:
Title:
Date:
4
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Saint Paul
St. Cloud
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
RONALD H. BATTY
Attorney at Law
Direct Dial (612) 337-9262
Email: rbattyCkennedy-graven.com
October 26, 2015
Mr. Scott T. Johnson
City Administrator
City of Medina
2052 County Road 24
Medina, MN 55340
Re: 2016 Legal Rates
Dear Scott:
I propose that the monthly retainer be increased next year from $1,000 to $1,250. The retainer
covers two monthly city council meetings and two staff meetings, regardless of length. The
retainer was last increased in 2013 from $750 to $1,000. The effective rate for legal work billed
to the retainer to date in 2015 is $91.60. Even with the requested increase to $1,250 the effective
rate would have been $114.50.
There will be no increases in the hourly rates for reimbursable or non -reimbursable work for
2016. All costs and disbursements will continue to be billed at cost and with no added margins.
It has been a pleasure to work with the city council and staff during 2015, my 29th year as city
attorney. I look forward to a successful 2016.
Ronald H. Batty
RHB:peb
470143v1 ME230-1A
WSB 2016 Rate Schedule
& Assmcivres. I
Billing Rate/Hour
Principal
Associate / Senior Project Manager
Project Manager
Project Engineer
Graduate Engineer
Sr Landscape Architect / Sr Planner / Sr GIS Specialist
Landscape Architect / Planner / GIS Specialist
Engineering Specialist / Senior Environmental Scientist
Engineering Technician / Environmental Scientist
Construction Observer
Coring Crew
One -Person Crew
Two -Person Crew
Survey Crew
One -Person Crew
Two -Person Crew
Three -Person Crew
Underwater Inspection Dive Team
Office Technician
$153
$1331 $1431 $153
$1171 $1231 $129
$991 $1071 $1171 $1231 $129
$781 $831 $891 $94
$1061 $1141 $1221 $1301 $138
$651 $721 $791 $861 $961 $102
$881 $951 $1011 $1081 $1171 $126
$511 $581 $651 $721 $771 $83
$87
$93
$98
$1041 $110
$160
$235
$130
$160
$180
$460
$411 $631 $731 $83
Costs associated with word processing, cell phones, reproduction of common correspondence and mailing
are included in the above hourly rates. Vehicle mileage is normally included in our billing rates, but can be
charged separately if specifically outlined by contract.
Reimbursable expenses include costs associated with plan, specification and report reproduction, permit fee,
delivery cost, etc.
Rate Schedule is adjusted annually.
Multiple rates illustrate the varying levels of experience within each category.
■ ■
■ ■
Engineering ■ Planning ■ Environmental ■ Construction
wsbeng.com
TALLEN and BAERTSCHI
Attorneys at Law
920 Second Avenue South
Suite 1540
MINNEAPOLIS, MN 55402-2224
STEVEN M. TALLEN PAUL D. BAERTSCHI
FACSIMILE (612) 349-3995
TELEPHONE (612) 349-3900
October 21, 2015
Mr. Scott Johnson
City Administrator
City of Medina
2052 County Road 24
Medina, MN 55340
Re: Calendar Year 2016 Prosecution Rates
Dear Mr. Johnson:
I am writing to amend my proposal for prosecution services as laid out in my letter of
October 8, 2015. Shortly after I mailed the letter, the federal government came out with new
cost -of -living increase numbers, lowering the projected cost -of -living increase from 2% to 1%
from January 1 through the end of 2015. Therefore, I am decreasing my proposal from 4% to a
3% increase in fees effective January 1, 2016. That would bring the attorney rate to $133.50 per
hour and the legal assistant rate to $75 per hour. All other terms and conditions would remain
the same.
Sincerely,
ven M. Tallen
Medina Prosecuting Attorney
SMT/mw
cc: Chief Ed Belland
Agenda Item # 5F
MEMORANDUM
TO: Medina City Council
FROM: Chief Ed Belland and HR Representative Jodi Gallup
DATE OF REPORT: October 28, 2015
DATE OF MEETING: November 4, 2015
SUBJECT: Police Officer Appointment
General Background
With the resignation of Officer John Vinck, the City Council authorized staff to post and
conduct a hiring process to fill the open Police Officer position at the August 5, 2015
City Council meeting. Based on the final scoring of applicants, committee interviews,
and background/reference checks, we are recommending the appointment of Joshua
McKinley to the position of police officer. Mr. McKinley has verbally accepted the
position with a starting date of November 16, 2015, contingent on City Council approval.
Appointee Background
Mr. McKinley has been a licensed police officer with the City of Buffalo for the past five
years. Prior to his employment with the City of Buffalo, he served as a community
service officer with the City of Medina for two years.
Mr. McKinley's references were all able to attest to his hard work, dependability, and his
professionalism.
The entire department is excited about the opportunity to have Mr. McKinley join our
team. The Police Department has confidence in his leadership, communication, and
problem solving skills in law enforcement.
Selection Process
• The City Council approved the job description and directed staff to recruit for a
full-time Police Officer position on August 5, 2015.
• Advertisements for the position were published through the League of Minnesota
Cities, POST website, and the City Website.
• 54 applications were received, reviewed and scored on August 24, 2015 by
Assistant to City Administrator Jodi Gallup, Police Sergeant Jason Nelson, and
Police Administrative Assistant Cec Vieau.
• The top 30 applicants were invited to an initial "Meet and greet" oral interview
and written test on September 9th, but 21 candidates showed up. The oral
interview was conducted with Chief Belland, Sergeant Nelson, Administrative
Assistant Vieau and Assistant to City Administrator Gallup.
• The top 11 candidates (combined test and oral interview scores) were invited back
for an interview with five of our police officers on September 15th. The officers
scored the candidates and recommended the top four return for a third interview.
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